HomeMy WebLinkAboutContract 29191 CITY SECRETARY 1
SPECIAL CONTRACT DOCUMENTS CONTRACT NO. I
.a
FOR
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS
PART 2
IN THE
CITY OF FORT WORTH, TEXAS
i WATER PROJECT NO. P 160-06016050I090
D.O.E.NO. 3699
NOVEMBER 2002
10-21 -03P02 :56 RCVD
GARY W.JACKSON KENNETH L .BARR
CITY MANAGER MAYOR
ROBERT D. GOODE, P.E. A. DOUGLAS RADEMAKER, P.E. DALE A. FISSELER, P.E.
DIRECTOR DIRECTOR DIRECTOR
TRANSPORTATION & DEPT. OF ENGINEERING WATER DEPARTMENT
PUBLIC WORKS DEPT.
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STEPHEN R.JAMES
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TumerCollieAraden Inc
�. 1200 Summit Avenue,Suite 600 MeVA-tA
Fort Worth,Texas 76102
(817)698-6700
61 FACIAL ROD
Project No.47-41266-001 CITY RAETRY
T, WORTH, TEX.
SPECIAL CONTRACT DOCUMENTS
FOR
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS
PART 2
IN THE
w
CITY OF FORT WORTH, TEXAS
WATER PROJECT NO. P160-060160501090
D.O.E.NO. 3699
NOVEMBER 2002
GARY W. JACKSON KENNETH L .BARR
CITY MANAGER MAYOR
ROBERT D. GOODE, P.E. A. DOUGLAS RADEMAKER, P.E. DALE A. FISSELER, P.E.
DIRECTOR DIRECTOR DIRECTOR
TRANSPORTATION & DEPT. OF ENGINEERING WATER DEPARTMENT
PUBLIC WORKS DEPT.
TurnerCollie(�Braden Inc.
1200 Summit Avenue, Suite 600
Fort Worth,Texas 76102
(817)698-6700
Project No.47-41266-001
CITY OF FORT WORTH, TEXAS
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS
PART 2
TABLE OF CONTENTS
PART A Notice to Bidders
Special Instructions to Bidders
PART B Proposal (Bid)
M/WBE BID SPECIFICATIONS
(Including MWBE Ordinance)
PART C General Conditions
PART CS Supplementary Conditions
f PART D Special Conditions
j PART E Technical Specifications
01000—Measurement and Payment
01800—Rock Riprap
01534—Filter Fabric
} 01539— Straw Bale Fence
02778—Erosion Control Blanket
' 15112—Automatic Flushing Unit
PART F Bonds and Insurance
PART G Contract
PART H Plans(Bound Separately)
Figures 1-5. Pavement Repair
Figure 30. Project Sign
Standard Drawing No. S-S5
Automatic Flushing Unit Figure
jAPPENDIX A STORM WATER POLLUTION PREVENTION PLAN
PART A
NOTICE TO BIDDERS
t
NOTICE TO BIDDERS
Sealed proposals for the following:
The Lake Worth South Shore Waterline Improvements— Part 2
Water Department Project No. P160-060160501090
D.O.E. No. 3699
addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas, will be received at the
Purchasing Office until 1:30 p.m. on January 16,2003 and then publicly opened and read aloud at
2:00 p.m. in the City Council Chambers.
Plans, specifications and contract documents for this project may be obtained at the office of the
Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas.
A fifty(50.00)dollar deposit is required for one set of documents.
A pre-bid conference will be held at 10:00 am, January 9,2003 at the Eagle Mountain Water
Treatment Plant conference room, 6801 Bowman Robert Road, Fort Worth, Texas 76179. All
bidders must be pre-qualified with the City of Fort Worth a minimum of seven (7) days prior to
the bid opening.
The major work on this project shall consist of:
WATER LINE INSTALLATION
1,690 LF 6-inch waterline by Open Cut
2,889 LF 10-inch waterline by Open Cut
For additional information concerning this project, please contact Madelene Rafalko P.E., Project
Manager, at 817-871-8423 or Stephen James, P.E. at 817-698-6700.
ADVERTISING DATES:
DATE 12-19-02
DATE 12-26-02
NB-1
r
SPECIAL INSTRUCTIONS TO BIDDERS
1) PREOUALIFICATION REOUIREMENTS: All contractors submitting bids are required
to be prequalified by the Fort Worth Water Department prior to submitting bids. This
prequalification process will establish a bid limit based on a technical evaluation and
financial analysis of the contractor. It is the bidder's responsibility to submit the following
documentation: a current financial statement,an acceptable experience record, an acceptable
equipment schedule and any other documents the Department may deem necessary,to the
Director of the Water Department at least seven(7)calendar days prior to the date of the
opening of bids.
P
a) The financial statement required shall have been prepared by an independent certified
public accountant or an independent public accountant holding a valid permit issued by
6 an appropriate State licensing agency and shall have been so prepared as to reflect the
_ financial status to the submitting company. This statement must be current and not more
than one(1)year old. In the case that a bidding date falls within the time a new
G statement is being prepared,the previous statement shall be updated by proper
verification.
FM b) For an experience record to be considered to be acceptable for a given project, it must
reflect the experience of the firm seeking qualification in work of both the same nature
and technical level as that of the project for which bids are to be received.
c
c) The Director of the Water Department shall be the sole judge as to the acceptability for
financial qualification to bid on any Fort Worth Water Department project.
d) Bids received in excess of the bid limit shall be considered non-responsive and will be
rejected as such.
e) The City, in its sole discretion,may reject any bid for failure to demonstrate experience
and/or expertise.
c
f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if
inadvertently opened, shall not be considered.
g) The City will attempt to notify prospective bidders whose qualifications(financial or
experience)are not deemed to be appropriate to the nature and/or magnitude of the
project on which bids are to be received. Failure to notify shall not be a waiver of any
necessary prequalification.
2. BID SECURITY: A cashier's check,or an acceptable bidder's bond, payable to the City of
Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of
the bid submitted must accompany the bid, and is subject to forfeiture in the event the
successful bidder fails to execute the Contract Documents within ten(10)days after the
contract has been awarded. To be an acceptable surety on the bond, (1)the name of the
�- surety shall be included on the current U.S.Treasury List,or(2)the surety must have capital
and surplus equal to ten times the limit of the bond. The surety must be licensed to do
business in the state of Texas. The amount of the bond shall not exceed the amount shown
on the treasury list or one-tenth(1/10)the total capital and surplus.
SI-I
3. BONDS: A performance bond, a payment bond, and a 2-year maintenance bond each for
one hundred (100%) percent of the contract price will be required, Reference C 3-3.7.
4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort
Worth, Texas, and as set forth in the Contract Documents must be paid on this project.
5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the
Proposal,the City reserves the right to adopt the most advantageous construction thereof to
the City or to reject the Proposal.
6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes,the
City of Fort Worth will not award this contract to a nonresident bidder unless the
nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a
nonresident bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business in located.
"Nonresident bidder" means a bidder whose principal place of business is not in this state,
but excludes a contractor whose ultimate parent company or majority owner has its principal
place of business in this state.
■ This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order
■ for the bid to meet specifications. The failure of a nonresident contractor to do so will
automatically disqualify that bidder.
■ 8. PAYMENT: If the bid amount is $25,000.00 or less,the contract amount shall be paid
within forty-five (45)calendar days after completion and acceptance by the City.
■ 9. AGE: In accordance with the policy("Policy") of the Executive Branch of the Federal
Government, Contractor covenants that neither it nor any of its officers, members, agents
employees, program participants or subcontractors, while engaged in performing this
■ contract, shall, in connection with the employment, advancement or discharge of employees
or in connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age except on the bases of a bona fide occupational
■ qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirements.
Contractor warrants it will fully comply with the policy and will defend, indemnify and hold
City harmless against any claims or allegations asserted by third parties or subcontractor
SI-2
against City arising out of Contractor's and/or its subcontractors' alleged failure to comply
with the above referenced Policy concerning age discrimination in the performance of this
agreement.
10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of
1990("ADA"),Contractor warrants that it and any and all of its subcontractors will not
unlawfully discriminate on the basis of disability in the provision of services to the general
public,nor in the availability,terms and/or conditions of employment for applicants for
employment with, or employees of Contractor or any of its subcontractors. Contractor
warrants it will fully comply with ADA's provisions and any other applicable federal, state
and local laws concerning disability and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against City
arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above
referenced laws concerning disability discrimination in the performance of this agreement.
11. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES: In accordance with
the City of Fort Worth Ordinance No. 11923,the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. In
addition, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME
CONTRACTOR WAIVER FORM,and/or the GOOD FAITH EFFORT FORM
("Documentation")as appropriate. The documentation must be received no later than 5:00
PM,five(5)City business days after the bid opening date. The bidder shall obtain a receipt
from the appropriate employee of the managing department to whom the delivery was made.
_ Such receipt shall be evidence that the documentation was received by the City. Failure to
comply shall render the bid non-responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate information
regarding actual work performed by a Minority Business Enterprise(MBE)and/or, a Women
Business Enterprise(WBE)on the contract and payment thereof. Contractor further agrees
to permit any audit and/or examination of any books, records or files in its possession that
will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation
of facts(other than a negligent misrepresentation)and/or the commission of fraud by the
Contractor will be grounds for termination of the contract and/or initiating action under
appropriate federal state or local laws or ordinances relating to false statements. Further,any
such misrepresentation(other than negligent misrepresentation)and/or commission of fraud
will result in the Contractor being determined to be responsible and barred from participating
in City work for a period of time not less than three(3)years.
r
SI-3
PART B
PROPOSAL
PART B - PROPOSAL
This proposal must not be removed from this book of Contract Documents.
TO: Mr. Gary Jackson
City Manager
PROPOSAL FOR: Lake Worth South Shore Water Improvements — Part 2
WATER PROJECT NO. P160-060160501090
D.O.E. NO. 3699
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of water and sanitary sewer facilities and all necessary
appurtenances and incidental work to provide a complete and serviceable project designated as:
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the
Contract Documents, including plans, special contract documents, and the General Contract
Documents and General Specifications for Water Department Projects, the site of the project and
understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all
the work, furnish all labor, equipment and material except as specified to be furnished by the City,
which is necessary to fully complete the work as provided in the Plans and Contract Documents and
subject to the inspection and approval of the Director of the City Engineering Department of the City
of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and
furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if
any, as may be required by the Contract Documents for the performing and completing of the said
work. Contractor proposes to do the work within the time stated and for the following sums:
B-1
PROPOSAL
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS-PART 2
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
1 , 1,690 LF Furnish&Install 6-inch PVC C-900.Water Line in accordance with
the plans and specifications,including clearing trees and brush,
trenching,embedment,backfill,detectable warning tape,
testing and sterilization,complete in place,
for Twenty-Two dollars
and Ten cents per Linear Foot S 22.10 S 37349.00
2. 2,889 LF Furnish&Install 10-inch PVC C-900 Water Main in accordance with
the plans and specifications,including clearing trees and brush,
trenching,embedment,backfill,detectable warning tape,
testing and sterilization,connection with existing line,
removal of existing thrust blocking,complete in place,
for Twenty Seven dollars
and Seventy cents per Linear Foot S 27.70 S 80025.30
3 . 7 EACH Furnish&Install 6-inch Gate Valve and Box,including
trenching,embedment,backfill,
valve box andblocking,complete in place,
for Six Hundred Forty dollars
and Forty cents per Each S 640.40 S 4482.80
4, 4 EACH Furnish&Install I0-inch Gate Valve and Box,including
trenching,embedment,backfill,
valve box andblocking,complete in place,
'F for One Thousand One Hundred Fifty dollars
and No cents per Each S 1,150.00 S 4600.00
5 . 7 EACH Furnish&Install Fire Hydrant including
trenching,embedment,backfill,
fittings,concrete blocking,and accessories
as specified or shown,complete in place,
for Two Thousand dollars
and No cents per Each S2,000.00 S 14000.00
6 15 VF Furnish&Install Fire Hydrant Extension Sections as needed,
complete in place,
for Three Hundred dollars
and No cents per Vertical Foot S 300.00 S 4500.00
B-2
PROPOSAL
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS-PART 2
Item Estimated Total Total
No. Quantity Unit Description of]tern with Total Unit Price Written in Words Unit Price Amount
7 , 22 EACH Furnish&Install I-inch Water Service Tap to Main,
complete in place,
for Two Hundred Forty dollars
and No cents per Each $ 240.00 $ 5280.00
8 . 494 LF Furnish&InstallI-inch Copper Water Service Line,including,
trenching,embedment,backfill,and corporation stop,complete in place,
for Ten dollars
and No cents per Linear Foot $ 10.00 $ 4940.00
9 . 22 EACH Furnish&Install Class A Meter Box,including
trenching,embedment,and backfill,complete in place,
for Seventy-Five dollars
and No cents per Each $ 75.00 $ 1650.00
10. 4,115 LF Repair asphalt paved surfaces removed by trenching for water line
installation,and service lines,including backfill,compaction,and
asphalt,in accordance with D-50,complete in place,
for Fifteen dollars
and Forty cents per Linear Foot $ 15.40 $ 63371.00
11 3.1 TON Furnish&Install Ductile Iron MJ Water Main Fittings,
including polywrap,blocking,complete in place,
for Two Thousand Two Hundred dollars
and No cents per Ton $ 2,200.00 $ 6820.00
12 . 36 LF Furnish&Install Concrete Encasement around waterline,
in accordance with the plans and specifications complete
and in place,
for Twenty-Two dollars
and No cents per Linear Foot $ 22.00 $ 792.00
B-3
PROPOSAL
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS-PART 2
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
13 . 3,688 LF Furnish&Install seeding and geotextile blanket for areas disturbed by construction,
= in accordance with drawings and specifications,complete in place,
for Two dollars
and Sixty cents per Linear Foot $ 2.60 $ 9588.80
14 4,457 LF Furnish,Install,Maintain,and Remove Storm Water Pollution Prevention Plan for
Erosion Control,as shown on the plans,complete in place,
for Five dollars
and No cents per Linear Foot $ 5.00 $ 22285.00
15 . 300 LF Implementation of Trench Safety system including sheeting,shoring,
and bracing,complete in place,
for One dollars
and Fifty cents per Linear Foot $ 1.50 $ 450.00
16 10 CY Furnish and Install Type"E"(1500#)concrete for miscellaneous placement,
complete in place,
for Seventy-Five dollars
and No cents per Cubic Yard $ 75.00 $ 750.00
17 . 10 CY Furnish and Install type"B"(2500#)concrete for miscellaneous placement,
complete in place,
for Seventy-Five dollars
and No cents per Cubic Yard $ 75.00 $ 750.00
18 . 10 CY Furnish and Install crushed limestone for miscellaneous placement,
complete in place,
for Twenty-Five dollars
and No cents per Cubic Yard $ 25.00 $ 250.00
B-4
PROPOSAL
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS-PART 2
Item Estimated Total
Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
19 30 CY Furnish and Install ballast stone for miscellaneous placement,
complete in place,
for Thirty dollars
and No cents per Cubic Yard $ 30.00 $ 900.00
20 . 30 CY Furnish and Install rock riprap for miscellaneous placement,
complete in place,
for Seventy-Five dollars
and No cents per Cubic Yard $ 75.00 $ 2250.00
21 . 5 EA Mailbox replacement when authorized,
complete in place,
for Two Hundred Twenty-Five dollars
and No cents per Each $ 225.00 $ 1125.00
22 . 20 SY Provide for concrete sidewalk and driveway replacement when needed,
complete in place,
for Fifty dollars
and No cents per Square Yard $ 50.00 $ 1000.00
23 . 590 SF Provide for sod around meter boxes,fire hydrants,automatic Flushing units
and over backfilled trenches located on managed or
private lawns,complete in place,
for No dollars
and Fifty cents per Square Foot $ 0.50 $ 295.00
24 3 EA Furnish and install automatic Flushing unit in accordance with the
plans and specifications including service line,fittings,corporation stop,
curb stop,Flowmeter,clearing of vegetation,trenching,backfilling,
complete in place,
for Nine Thousand Five Hundred dollars
and No cents per Each $ 9,500.00 $ 28500.00
TOTAL 295,953.90
(Unit prices are to be indicated in both words and figures. In case of discrepancy,the unit price in writing will prevail.
Prices listed above are the only compensation to bemade. All items,if work is required to complete the work as indicated in the plans and
R as specified which are not listed as a pay item in this proposal,are considered subsidiary to the item and the cost of the subsidiary
work should be included.)
B-5
PART B - PROPOSAL (Cont.)
Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal
contract and will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents, for the faithful performance of the Contract. The attached bid security in the amount of
a 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or
bonds are not executed and delivered within the time above set forth, as liquidated damages for the
delay and additional work caused thereby.
The undersigned bidder certified that he has been furnished at least one set of the General Contract
Documents and General Specifications for Water Department Projects dated January 1, 1978, and
that he has read and thoroughly understands all the requirements and conditions of those General
Documents and the specific Contract Documents and appurtenant plans.
The successful bidder shall be required to perform the work in accord with the following publications,
both of which are incorporated herein and made a part hereof for all purposes:
1. The General Contract Documents and General Specifications for Water Department Projects
dated January 1, 1978, which may be purchased from the Water Department.
2. The Standard Specifications for Street and Storm Drain Construction which may be purchased
from the Department of Transportation & Public Works.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance No. 7278 as amended by City Ordinance No. 7400.
The Bidder agrees to begin construction within 10 working days after issue of the work order, and to
complete the contract within 120 calendar days after beginning construction as set forth in the written
work order to be furnished by the Owner.
-' (Complete A or B below, as applicable:)
_.LA. The principal place of business of our company is in the State of �.
Nonresident bidders in the State of , our principal
place of business, are required to be percent lower than resident bidders
by state law. A copy of the statute is attached.
Non resident bidders in the State of , 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.
B-G
I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. 1 (initials) Addendum No. 3 (Initials)
Addendum No. 2 (Initials) Addendum No. 4 (Initials)
Respectfully submitted,
r re �0414 ICt°t7 -sJ r, .
_ By.
,Park o��
Title
e-6 IJeo
Address
Telephone: ZZ/
(Seal)
Date:
9
B-(
MINORITY AND WOMEN ENTERPRISE SPECIFICATIONS
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar
value of the contract is less than$25,000,the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business
Enterprises(M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective
of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide
goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current
Minority and Women Business Enterprise Ordinance apply to this bid.
MMBE PROJECT GOALS
The City's MBE/WBE goal on this project is 24 96 of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance
n by either of the following:
1. Meet or exceed the above stated M/WBE goal,or;
2. Good Faith Effort documentation,or;
3. Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
' The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1,. M/WBE Utilization Form, if goal received by 5:00 p.m.,five(5)City business days after the
is met or exceeded: bid opening date,exclusive of the bid opening date.
2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5)City business days after the
Utilization Form, if participation is bid opening date,exclusive of the bid opening date.
less than stated goal:
3.Good Faith Effort Form if no received by 5:00 p.m.,five(5)City business days after the
participation: bid opening date,exclusive of the bid opening date.
4. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the
bid opening date,exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Any questions, please contact the M/WBE Office at(817)871-6104.
Rev.06/19/00
ATTACHMENT 1C
Page 1 of 3
City of Fort Worth
Minority and Women Business Enterprise
GOOD FAITH EFFORT
Prime Company Name Bid Date
�* Project Name Project Number
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your
�. MIWBE participation is less than the City's project goal,you must complete this form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good
faith effort", the bidder will have the burden of correctly and accurately preparing and submitting
the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy
the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the Managing
Department on or before 6:00 p.m.five(6)City business days after bid opening,exclusive of bid opening date,
will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity(DO NOT LIST NAMES OF FIRMS)
which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE
or non-MIWBE.
(Use additional sheets, if necessary)
List of: Subcontractina Opportunities List of: Supplier Opportunities
Rev.6/2/98
ATTACHMENT 1C
Page 2 of 3
2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in
compliance,if it is not more than 3 months old from the date of bid opening.
Yes Date of Listing
No
3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at
least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened?
Yes If yes,attach M/WBE mail listing to include name of firm and address and a dated
No copy of letter mailed.
4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at
least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened?
Yes If yes,attach list to include name of M/WBE firm, person contacted,
No phone number and date and time of contact.
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is
used,attach the fax confirmation,which is tq provide M/WBE name,date,time,fax number and documentation
faxed.
NOTE: if a SIC list of M VVBE is ten or less, the bidder must contact the entire list to be in compliance with
questions 3 and 4. If a sic list of MMIBE is more than ten,the bidder must contact at least two-thirds of the list
but not less than ten to be In compliance with questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
Yes
No
6.) If M/WBE bids were received and rejected,you must:
(1) List the M/WBE firms and the reason(s)for rejection(i.e.,quotation not commercially reasonable,
qualifications,etc.)and
(2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e..letters, memos, bids,
telephone calls,meetings,etc.)
(Please use additional sheets,if necessary,and attach.)
Company Name Telephone Contact Person Scope of Work Reason for
Rejection
Rev.612/98
ATTACHMENT 1C
�. Page 3 of 3
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
MfWBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment thereof
and any proposed changes to the original arrangements submitted with this bid. The
bidder also agrees to allow an audit and/or examination of any books, records and files
., held by their company that will substantiate the actual work performed on this contract, by
an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for terminating
the contract or debarment from City work for a period of not less than three (3) years and
for initiating action under Federal, State or Local laws concerning false statements. Any
failure to comply with this ordinance and creates a material breach of contract may result in
a determination of an irresponsible offeror and barred from participating in City work for a
period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed was/were
contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be
contacted and the reasons for not using them will be verified by the City's M/WBE Office.
Authorized Signature Printed Signature
Title Contact Name and Title(if different)
Company Name Telephone Number(s)
Address Fax Number
City/State/Zip Date
Rev.6/2/98
ATTACHMENT 1B
T
City of Fort Worth Page 1 of 1
Minority and Women Business Enterprise Specifications
' Prime Contractor Waiver
Prime Company Name Project Name
Bid Opening Date Project Number
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form).
All questions on this form must be completed and a detailed explanation provided, if applicable. If
the answer to either question is NO,then you must complete ATTACHMENT 1C. This form is only
applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Managing Department on or
before 5:00 p.m.. five (5) City business days after bid opening, exclusive of the bid opening date,
will result in the bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this is your normal business practice and provide an operational profile of
your business.
Will you perform this entire contract-without suppliers? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this is your normal business practice and provide an inventory profile of
your business.
The bidder 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/or
WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s)
and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit
and/or examination of any books, records and files held by their company that will substantiate
the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer
or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds
for terminating the contract or debarment from City work for a period of not less than three (3)
years and for initiating action under Federal, State or Local laws concerning false statements. Any
failure to comply with this ordinance and creates a material breach of contract may result in a
determination of an irresponsible offeror and barred from participating in City work for a period of
time not less than one (1)year.
_ Authorized Signature Printed Signature
Title Contact Name (if different)
Company Name Contact Telephone Number(s)
Address Fax Number
Rev.6/2198
ATTACHMENT 1A
Page 1 of 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
5t'rC Co�,dW47 1,11e__
RRIME COMPANY NAME BID DATE
-'44f- 41aej* .SdcyAl .S1j64r kVAT y_&!1& 7- u/14 P/60-or'o16 oSo ire 10
ROJECT NAME 1>6Z 3695
PROJECT NUMBER
,TTY's M/WBE PROJECT GOAL: 2�O/a. M/WBE PERCENTAGE ACHIEVED: �Z? °/O
Failure to complete this form,in its entirety with supporting.documentation, and received,by the Managing Department
n or before 5:00 p.m.five(5) City business days after bid opening, exclusive.of bid opening date, will result in the bid
teing considered non:responsive to bid specifications.
'he undersigned bidder agrees to enter into a formal agreement with the MBE'and/or WB6 firms for work listed in this
chedule, conditioned upon execution _of a contract with the,City of°Fort Worth. The intentional and/or knowing
P
iisre resentation of facts is.grounds-for:consideration of dis qua lification':and will result;in the:bid being considered
i -
on-rep specifiicatons
Company Name;Contact.Name, Certified Specify All Contracting Specify All.ltems lobe Dollar-Amount
Address;and Telephone No. Scope of Work;(`) Supplied(')
o 0
LT E ,owfA&T Co. klc l'"
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M/WBEs must be located In the 9(nine)county marketplace or currently doing business in the marketplace at the time of.bid.
Specify all areas in which MWBE's are to be utlilzed and/or items to be supplied:
A complete listing of items to be supplied is requitecl lnorder to receive credit toward.the MIWBE goal.
Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,i.e.,a direct payment
from the prime_contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to
Its supplier.is considered 2n°tier.
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5)CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
ATTACHMENT 1A
Page 2 of 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount
Address,and Telephone No. Scope of Work(') Supplied(*) r�
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o U�
Z =
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-too A �c. �A l S'0`0 2°
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The aiidderfurther.agrees to provide, directly..to the City.upon request, complete and.:acc.urate:information regarding.
actual work:performedby all:°su.bcontractors, including MBEs) and/or WBE(s) :arrangements:submitted with this bid;
The.bidder also:agreesAo allow.an audit and/or examination of any books :records°and files:held byAheir company that
#` will substantiate th.e..actual work-sperformed by the MBE(s).and/or WBE(s) on this contract, by.an..authorized officer or
employee of.the City. Any.intentional and/or knowing misrepresentation of.facts will be grounds.for terminating..the
contract or debarment from City.:work for a period of not less than:three(3)years and for initiating action under.Federal .
�- State:or,Local laws°concerning false statements. Any failure to comply With this ordinance and creates a material
breach'-of contract may.result in.a .determination of an irresponsible offerorand.barred from. participating in City work
for a period.of.time not less than one(1)year.
AL MBEs and WBEs MUST BE CERTIFIED BY TAE CITY'BEFORE CONTRACT AWARD
S /ECG
A orized Signature Printed Signature
Title Contact Name and Title (if different)
S rZE ( ' 7z) 313 — n77-3
Company Name Telephone Number(s)
133?0 a y c i,-:,'1C l/jo ((?7Z) ,5'13 U f9 6 l
Address Fax Number
TX 7_1.054' O' l>3
I" City/State/Zip Code Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
RPv F;/?/QA
ORDINANCE NO. 13471
AN ORDINANCE AMENDING CITY OF FORT WORTH
ORDINANCE NO. 11923 BY AMENDING SECTIONS 2, 3, AND
— AMENDING ATTACHMENT I; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,
THAT:
SECTION 1.
Section 2 of City of Fort Worth Ordinance No. 11923 is hereby amended to read
as follows:
The ultimate goal of this ordinance is to remedy the effects of past
underutilization in the Marketplace by increasing the use of minority and
women business enterprises above the present low level to one more
comparable to their availability in the Fort Worth Marketplace. The City
Manager shall recommend an annual goal for MBE/WBE participation in
City procurement activities, based upon the availability within the
Marketplace. The goals, based upon availability, shall be thirteen percent
(13%) for minority businesses and twelve percent (12%) for women
businesses and shall be reviewed as provided for elsewhere herein.
These goals are not quotas.
SECTION 2.
Section 3 of City of Fort Worth Ordinance No. 11923 is hereby amended to read
as follows:
The provisions of this ordinance shall apply to all contracts awarded by the
City, except as may be hereafter specifically exempted. Where contracts
involve the expenditure of federal or state funds, the state or federal policy
related to MBE/WBE or DBE participation may take precedence over this
ordinance. The provisions of this ordinance shall be liberally construed for
the accomplishment of its policies and purposes. Specific goals shall be
established in the areas of construction, professional services and
purchases of other goods and services. A goal may be set on individual
projects based on the type of work or services to be performed, or goods
to be acquired and the availability of minority and women businesses in
the City's Marketplace.
SECTION 3.
Attachment I to City of Fort Worth Ordinance No. 11923 is hereby amended to
read as follows:
r '
l City Council approved June 2, 1998
ATTACHMENT I
I. DEFINITIONS
1. "Applicable Contract" means any contract of $25,000 or more for construction
projects and professional services and $15,000 or more for purchase
agreements, as well as any other contracts that the City Council or City Manager
deem appropriate.
2. "Certified" means those firms, within the Marketplace, that have been determined
to be a bonafide minority or women business enterprise by either the North
Central Texas Regional Certification Agency (NCTRCA), or the Texas .�
Department of Transportation (TxDOT), highway division. In the event of denial
of certification by either of these entities, the City reserves the right to grant its
own certification for use in City contracts.
3. "City" means the City of Fort Worth, Texas.
4. "City business day" means Monday through Friday, inclusive, excluding legal
holidays. Legal holidays shall be observed as prescribed by the City Council for
observance as follows:
New Year's Day January 1
M. L. King, Jr. Birthday Third Monday in January
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Thanksgiving Friday Fourth Friday in November
Christmas Day December 25
When one of the above named holidays falls on a Saturday, the holiday shall be
observed on the preceding Friday. When one of the above named holidays falls
on a Sunday, the holiday shall be observed on the following Monday.
r
5. "Construction" means the erection, rehabilitation, alteration, conversion, extension,
demolition, improvement, remodeling or repair to any real property, including
streets, storm drains and facilities providing utility service owned by the City.
6. "Contract" means a binding agreement whereby the City either grants a privilege or
is committed to expend or does expend its funds or other resources for or in
connection with a) construction of any public improvement, and b) purchase of
any services (including professional services). The term includes "purchase
order'.
7. "Contract Officer" means the person employed by the City to oversee the
performance of the contract.
8. "Contracting Department" means the department responsible for payment of
contract obligations.
2 City Council approved June 2, 1998
—
9. "Contractor" means the Offeror with whom the City has entered into an agreement.
Includes the terms "Vendor" and "Prime Contractc„”.
10."Coordinator" means the administrator of the MBE/WBE Office.
11."Goal" means the percentage of minority business enterprise and/or women
business enterprise participation on an applicable project as determined by the
City, based on the availability of such businesses in the marketplace and the
subcontracting/supplier opportunities of the project.
12."Good Faith Effort" means having absence of malice or any intentions to deceive,
good intentions and sincerity to meet the goal of this ordinance. Documentation
—
submitted by the Offeror to explain why its good and honest efforts did not meet
or exceed the stated Goal. Compliance with each of the following steps shall
satisfy the Good Faith Effort requirement absent proof of fraud,
misrepresentation, or intentional discrimination by the Offeror:
12.1. List each and every subcontracting and/or supplier opportunity for the
completion of this project.
12.2. Obtain a current (not more than three (3) months old from the bid open
date) list of MBE/WBE subcontractors and/or suppliers from the City's
MBENVBE Office.
12.3. Solicit bids from MBENVBEs, within the subcontracting and/or supplier
areas previously listed, at least ten calendar days prior to bid opening by
mail, exclusive of the day the bids are opened.
12.4. Solicit bids from MBE/WBEs, within the subcontracting and/or supplier
areas previously listed, at least ten calendar days prior to bid opening by
telephone, exclusive of the day the bids are opened.
Note: A facsimile may be used to comply with either 12.3 or 12.4, but may not be
used for both.
Note: If the list of MBE1WBEs for a particular subcontracting/supplier opportunity
is ten or less, the Offeror must contact the entire list within such area of
opportunity to be in compliance with 12.3 and 12.4. If the list of MBE/WBEs
for a particular subcontracting/supplier opportunity is more than ten, the
Offeror must contact at least two-thirds of the list within such area of
opportunity, but not less than ten, to be in compliance with 12.3 and 12.4.
12.5. Provide plans and specifications or information regarding the location of
plans and specification to MBE/WBEs.
—
12.6. Submit affidavit and/or documentation if MBE/WBE bids were rejected on
the basis of quotation not being commercially reasonable, qualifications,
_ etc. Documents may be requested to be produced for an in camera
inspection.
3 City Council approved June 2, 1998
13. "Joint Venture" means an association of two or more persons or businesses to
carry out a single business enterprise for profit for which purpose they combine
their property, capital, skills, knowledge and management in an agreed to
proportionate share. d
14. "Managing Department" means the department responsible for overseeing the
day to day completion of the contract.
15. "Manufacturer" means one that manufactures a product by hand or machinery .�
suitable for uses; the process of making wares.
16. "Marketplace" means the geographic market area as defined in the Availability
and Disparity Study represented by the counties of Tarrant, Parker, Johnson,
Collin, Dallas, Denton, Ellis, Kaufman and Rockwall.
17. "Minority" means a citizen of the United States or lawfully admitted permanent
resident that is Asian American, American Indian, Black or Hispanic.
18. "Minority Business Enterprise" is defined as a qualified business concern
located in the Marketplace or providing proof of doing business in the
Marketplace at the time of bid opening or the opening of responses to requests
for proposals, meeting the following criteria:
a. which is at least 51 percent owned by one or more minority persons, or, in
the case of any publicly owned business, at least 51 percent of the stock is
owned by one or more minority persons; and
b. whose management and daily business operations are controlled by one or
more minority persons who own it.
19. "Offeror" means any person, firm, corporation, or partnership that submits a bid
or proposal to provide labor, goods or services to the City where funds are _
expended. The term includes the term bidder and proposer.
20. "Procurement" means the buying, renting, leasing or otherwise obtaining or
acquiring any supplies, materials, equipment or services.
21. "Professional Services" means services which require predominantly mental or
intellectual labor and skills, includes, but is not necessarily limited to, architects,
engineers, surveyors, doctors, attorneys, and accountants.
22. "Project Manager" see Contract Officer.
23. "Purchasing" means the buying, renting, leasing or otherwise obtaining or
acquiring any supplies, materials, equipment or services excluding construction
and professional services previously defined.
24. "Qualified" means an individual or business entity having previously performed
or received training in the work, industry or profession required.
25. "Regular Dealer" is defined as a firm that owns, operates, or maintains a store,
a warehouse, or other establishment in which the materials or supplies required ,
4 City Council approved June 2, 1998
for the contract are bought, kept in stock, and are regularly sold retail or
wholesale.
26. "Subcontract" means an agreement between the contractor and another
business entity for the performance of work.
27. "Subcontract/Supplier Opportunity" means an area where there is more than
one MBE or WBE subcontractor/supplier in the market place.
28. "Tier" means the level of subcontracting below the prime contractor/consultant,
i.e., a direct payment from the prime contractor to a subcontractor is considered
1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier.
29. "Women Business Enterprise" is defined as a qualified business concern
located in the Marketplace or provide proof of doing business in the Marketplace
- at the time of bid opening or the opening of responses to requests for proposals,
meeting the following criteria:
a. which is at least 51 percent owned by one or more women, or, in the case of
any publicly owned business, at least 51 percent of the stock is owned by one or
more women; and
b. whose management and daily business operations are controlled by one or
more women who own it.
II. PROGRAM GOAL
P A. A Citywide goal for the utilization of minority business enterprises (MBE) and women
business enterprises (WBE) shall be reviewed and approved annually by the City
Council.
1. The City Manager shall, on or before October 31 of each year, beginning October
31, 1996, conduct an analysis of the availability of MBEs and WBEs and present
to the City Council an annual report on MBE/WBE availability and utilization.
2. Based on the availability of MBE/WBEs in the Marketplace and the City's most
recent goal attainment and with the advice and counsel of the MWBEAC, the City
Manager shall recommend to the City Council a reasonable goal for the
remainder of the current fiscal year.
3. The goal shall be expressed in terms of a percentage of the total dollar value of
all applicable contracts awarded by the City. Goals shall be established
separately for categories of construction, professional services, and purchasing
as well as any other categories that the City Council or City Manager deems
appropriate.
B. Individual project goal shall be set by the MBE/WBE Office in collaboration with the
Contract Officer and Risk Management (where appropriate) prior to solicitation. The
project goal shall be reasonable and shall be based upon:
5 City Council approved June 2, 1998
1. Specific subcontracting and/or materials opportunities required to complete the
project, and
2. The availability of MBE/WBE in the identified subcontracting and/or materials
opportunities in the Marketplace.
III. COUNTING MBE/WBE PARTICIPATION
A. MBE/WBE participation shall be counted toward meeting Goal in accordance with
the following provisions:
1. For the purpose of determining compliance with the goal requirements
established in this ordinance, businesses will be counted as MBE or WBE only
when they have been certified as such prior to a recommendation for award
being made to the City Council.
a) Any business listed by an Offeror that is not certified at the time of
bid/response opening must file an application for certification within a
reasonable time for the City to consider the dollar amount towards meeting
the goal.
b) if a business described in the immediate subparagraph fails to submit an
application for certification within a reasonable time, or if the business is
denied certification, the Offeror shall be afforded five (5) City business days to
secure additional certified/certifiable MBE/WBE participation, starting the next
City business day following the day the written notification was received from
the Managing Department.
c) Evidence of the additional certified/certifiable MBENVBE participation shall
be delivered to and received by the Managing Department within five (5) City
business days after the notification was received by the Offeror, exclusive of t
the date that the notification was received.
2. Except as provided for in paragraph 3 below, if the Offeror is ruled non- -
responsive to the requirements of this ordinance, the Managing Department will
provide written notification to the Offeror stating the specific basis for the ruling.
The Offeror may submit documentation that it will either meet or exceed the
stated goal, and may be considered for an award of contract.
3. If the Offeror is ruled non-responsive solely for its failure to identify a
subcontract/supplier opportunity and that opportunity is less than three (3%)
percent of the total bid, the Offeror may submit documentation that an MBE/WBE
will be utilized for that subcontract/supplier opportunity, and may be considered
for an award of contract.
4. Documentation required under either paragraph A or B above must be received
by the Managing Department within five (5) City business days, exclusive of the
date that the Offeror was ruled non-responsive. If the documentation is not I
received within the stated time, the Offeror shall be deemed to have withdrawn
its bid. The City will not communicate with another Offeror regarding award of the
6 City Council approved June 2, 1998
contract until five (5) City business days after the original offer has been ruled
non-responsive.
5. The Offeror may count toward the goal any tier of MBE or WBE subcontractors
- and/or suppliers. It is the sole responsibility of the Offeror to report and document
all subcontracting and/or supplier participation dollars counted towards the goal,
irrespective of tier level. Failure to submit documentation as required in this
subparagraph, shall entitle the City to withhold payments until compliance is
attained.
6. The Offeror will be given credit toward the goal only when the MBE or WBE
subcontractor performs a commercially useful function. An MBE or WBE
subcontractor is considered to have performed a commercially useful function
when:
a) It is responsible for the execution of a distinct element of the work by actually
performing, managing and supervising the work involved in accordance with
normal business practice; and
- b) When the firm receives due compensation as agreed upon for the work
performed.
7. The Offeror will be given credit toward the MBE/WBE contract goal only when the
MBE or WBE supplier performs a commercially useful function. A MBE or WBE
supplier is considered to have performed a commercially useful. function when
the MBE/WBE supplier is a manufacturer or a regular dealer.
8. Regardless of whether an arrangement between the contractor and. the
MBE/WBE represents standard industry practice, if the arrangement erodes the
ownership, control or independence of the MBE/WBE or does not meet the
commercially useful function requirement, the Offeror shall receive no credit
toward the goal.
9. An Offeror may count toward its goal a portion of the total dollar value of a
contract with a joint venture equal to the percentage of MBE or WBE participation
in the joint venture.
a) The Managing Department must receive the Joint Venture form from the
Offeror within five (5) City business days after the date of bid/proposal
opening, exclusive of the day of the bid/proposal opening, for certification by
the MBENVBE Office.
b) The MBE or WBE involved in the joint venture must be responsible for a
clearly defined portion of the work to be performed, equal to a share in the
ownership, control, knowledge, management, responsibility, risks, and profits
of the joint-venture.
.. B. Except for joint ventures, the prime contractor and any work performed by the prime
contractor is not considered for determining compliance with this ordinance.
7 City Council approved June 2, 1998
C. The Offeror may not count toward the goal any agreement with a MBE or WBE that
does not meet the requirements of this ordinance.
IV. MBE/WBE UTILIZATION REQUIREMENTS
A. In addition to the requirements set forth elsewhere, bid conditions and requests for
proposals shall include a statement of the MBE/WBE goal established for the
project.
B. Bid conditions, requests for proposals, and all other specifications for applicable
contracts to be awarded by the City shall require that offers make a good faith effort
(GFE) to-subcontract with or purchase supplies from MBE and/or WBE firms. Such
specifications shall require the Offeror to meet or exceed the stated goal or submit
documentation of GFE for all applicable contracts to permit a determination of
compliance with the specifications.
C. Construction and Professional Services contracts and such other contracts which
may be competed for under sealed proposal procedures (estimated cost of $25,000
or more) and Purchasing contracts (estimated cost of $15,000 or more) shall be
awarded and administered in accordance with the following standards and
procedures:
1. Competitive bids for applicable contracts shall include the MBE/WBE
specifications in the bid specifications. MBEIWBE specifications consist of the
SPECIAL INSTRUCTIONS TO BIDDERS, MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM,
and, if appropriate, the JOINT VENTURE FORM.
a) Competitive bids that equal or exceed the project goal must submit the
MBE/WBE UTILIZATION FORM.
b) Competitive bids that do not have subcontracting and/or supplier
opportunities must submit the PRIME CONTRACTOR WAIVER FORM.
f
c) Competitive bids that have subcontracting and/or supplier opportunities but
do not include MBE/WBE participation in an amount which equals or exceeds
the project goal, must submit the MBE/WBE UTILIZATION FORM and the
GOOD FAITH EFFORT FORM and documentation.
d) Competitive bids that have subcontracting and/or supplier opportunities but —
do not include any MBENVBE participation must submit the GOOD FAITH
EFFORT FORM and documentation.
e) The Offeror shall submit the MBE/WBE UTILIZATION FORM, PRIME
CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM
("Documentation") as appropriate. The managing department must receive
the Documentation no later than 5:00 p.m., five (5) City business days after
the bid opening date, exclusive of the bid opening date. The Offeror shall
obtain a receipt from the appropriate employee of the managing department
to whom delivery was made. Such receipt shall be evidence that the City
received the Documentation.
8 City Council approved June 2, 1998
f) The submission of the applicable completed form(s) within the allotted time
will be considered when determining the responsiveness of the bid. Failure to
comply with the bid specifications, inclusive of the MBE/WBE specifications,
shall render the Offeror non-responsive.
2. Other than responses to Requests for Proposals for those professional services
defined in Chapter 2254 of the Texas Government Code, responses to Request
for Proposals shall include a section which identifies the particular MBE and/or
WBE to be utilized in performing the contract.
a) Specify as to MBE or WBE, the estimated percentage of the MBE or WBE
participation, the type of work to be performed by the MBE or WBE, and such
- other information as may reasonably be required to determine the
responsiveness to the Request for Proposal.
b) Responses that do not meet or exceed the utilization goal, as required by the
Request for Proposal, must submit a GFE explanation. Failure to include
such GFE explanation shall render the response non-responsive.
3. Initial responses to requests for proposals for those professional services defined
in Chapter 2254 of the Texas Government Code shall not include a response to
the requirements of this ordinance. The City shall comply with the requirements
of said Chapter and rank the professional on the basis of demonstrated
competence and qualifications. During negotiating the contract with the highest
ranked professional, the professional shall respond to this ordinance in the
manner specified in paragraph 2(a) above.
4. The GFE documentation shall demonstrate the Offeror's commitment and honest
efforts to utilize MBE or WBE. The burden of preparing and submitting the GFE
information is on the Offeror and will be evaluated as part of the responsiveness
to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents
facts on the documentation submitted will constitute a basis for classification as
non-responsive and possible debarment.
5. The contracting department may request the MBEM/BE Office to waive the goal
requirements of this subsection, or to reduce the amount of the goal, in
accordance with the provisions of the Exceptions and Waivers section.
D. The City Manager, with the advice and counsel of the MWBEAC in accord with City
of Fort Worth Resolution No. 1148, shall adopt regulations governing the purchase
of goods and services under $15,000.
V. POST-AWARD COMPLIANCE
A. In addition to such other requirements as may be set forth elsewhere, the following
shall apply to applicable contracts awarded by the City:
a 1. Contracts shall incorporate this ordinance by reference, and shall provide that the
contractor's violation of this ordinance shall constitute a breach of such contract
-- and result in debarment in accord with the procedures outlined in this ordinance.
9 City Council approved June 2, 1998
2. From and after the date of bid opening, any proposed change or deletion in
MBENVBE participation identified in the bid, proposal or contract shall be
reviewed by the MBE/WBE Office to determine whether such change or deletion MW
is justified in accord with paragraphs 3 and 4 immediately below. Any unjustified
change or deletion shall be a material breach of contract and may result in
debarment in accord with the procedures outlined in this ordinance.
3. From and after the date of bid opening, the contractor shall:
a) Make no unjustified changes or deletions in its MBE/WBE participation
commitments submitted with the bids, proposal or during negotiations;
b) If substantial subcontracting and/or substantial supplier opportunities arise
during the term of any contract when the contractor represented in its bid to
the City that it alone would perform the subcontracting/supplier opportunity
work, the contractor shall notify the City before subcontracts for work and/or
supplies are let and shall be required to comply with Article I, subsections
12.3 and 12.4 of this Attachment 1, exclusive of the time requirements stated
in such subsections;
c) Maintain records reasonably necessary for monitoring their compliance with
the provisions of this ordinance;
d) After the first payment and beginning with the second application for payment,
submit required MNVBE Periodic Payment Reports, including proof of .
payment documentation, to the MBENVBE Office. Further, upon request of !
the MNVBE Office, submit such other documentation as may be reasonably
required to verify proof of payments. Failure to submit these reports and
other requested information, if any, as required shall authorize the City to
withhold payment from the contractor until compliance with this ordinance is
attained.
4. The contractor shall submit to the MBE/WBE Office for approval a MNVBE
REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any
contract, a contractor wishes to change or delete one or more MBE or WBE
sub contractors) or supplier(s).
a) Within three (3) City business days after receipt by the MBE/WBE Office,
exclusive of the date of receipt, the Request shall be reviewed. The Request
shall be approved if the change or deletion is justified. The following shall
constitute justification for the requested change or deletion:
1) A MBE or WBE's failure to provide workers' compensation insurance
evidence as required by state law; or
2) A MBE or WBE's failure to provide evidence of general liability or other
insurance under the same or similar terms as contained in the contract
documents with limits of coverage no greater than the lower of 1) the limits r
required of the contractor by the City; or 2) the limits contained in the
contractor's standard subcontract or supply agreements used on other
10 City Council approved June 2, 1998
projects of similar size and scope and within the contractor's normal
business practice with non MBE or WBE subcontractor's or suppliers; or
3) A MBE or WBE's failure to execute the contractor's standard subcontract
form, if entering a subcontract is required by the contractor in its normal
course of business, unless such failure is due to:
i. A change in the amount of the previously agreed to bid or scope of
work; or
ii. The contract presented provides for payment once a month or longer
and the contractor is receiving payment from the City twice a month; or
a iii. Any limitation being placed on the ability of the MBE or WBE to report
violations of this Ordinance or any other ordinance or violations of any
state or federal law or other improprieties to the City or to provide
notice of any claim to the contractor's surety company or insurance
company.
4) An MBE or WBE defaults in the performance of the executed subcontract.
In this event, the contractor shall:
i. Request bids from all MBE and/or WBE subcontractors previously
submitting bids for the work,
ii. If reasonably practicable, request bids from previously non-bidding
MBEs and WBEs, and
iii. Provide to the M/WBE office documentation of compliance with (i) and
(ii) above.
5) Any other reason found to be acceptable by the MBE/WBE Office in its
sole discretion.
NOTE: The contractor shall submit such documentation as may
reasonably be requested by the MBE/WBE Office to support the
contractor's request. The time between the request by the MBE/WBE
Office for additional documentation and the delivery of such
documentation shall not be included within the time period that the
MBE/WBE Office is required to respond as stated in subparagraph
(a) above.
- b) If the MBE/WBE Office approves the deletion of a MBE or WBE and
replacement by a non-MBE or WBE, such approval shall constitute a Post
award waiver to the extent of the value of the deleted subcontract.
c) If the MBE/WBE Office denies the request for change or deletion, the
contractor may appeal the denial to the City Manager whose decision will be
final.
11 City Council approved June 2, 1998
5. Whenever contract, amendments, change orders, or extra work orders are made
individually or in the aggregate, the contractor shall comply with the provisions of
this ordinance with respect to the alternates, amendments, change orders, or
extra work orders. c
a) If-the amendment, change order, or extra work affects the subcontract of an
MBE or WBE, such MBE or WBE shall be given the opportunity to perform
such amendment, change order or extra work.
b) If the amendment, change order or extra work is not covered by any
subcontractor performing like or similar work, and the amount of such
amendment, change order or extra work exceeds ten percent (10%) of the
original contract amount, the contractor shall comply with Articie 1,
subsections 12.3 and 12.4 of this Attachment 1 (exclusive of the time
requirements stated therein) with respect to such amendment, change order,
or extra work.
6. If the contractor in its bid included any second or lower tier subcontractor/supplier
towards meeting the goal, it is the responsibility of the contractor to report and
document all subcontracting and/or supplier participation dollars irrespective of -~
tier level. Failure to comply with the City's request to provide the required
documentation shall entitle the City to withhold payments (but only to the extent
of the subcontractor's payments related to the MBENVBE participation dollars
which are not documented) and/or to reject future bids from the contractor until
compliance with this ordinance is attained.
t
7. Upon completion of the contract and within ten (10) City business days after
receipt of final payment from the City, exclusive of the date the contractor
receives payment, the contractor shall provide the MBE/WBE Office with the
M/WBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final
participation of each subcontractor and/or supplier (including non-M/WBEs) used
on the project. Failure to comply with the City's request to provide the required
documentation shall entitle the City to reject future bids from the contractor until
compliance with this ordinance is attained.
8. In the event a contractor is in non-compliance with either paragraph 6 or 7 above,
and such non-compliance is solely the result of an act or omission by an MBE or
WBE, the MBE/WBE Office shall consider such in determining what action, if
any, to take.
VI. EXCEPTIONS AND WAIVERS
A. If an Offeror is unable to comply with the goal requirements established in the
Program Goal section of this ordinance, such Offeror shall submit one of the two
forms listed below within the allotted time.
1. A Prime Contractor Waiver Form (Attachment 1 B) is submitted if the Offeror will
perform the entire contract without subcontractors or suppliers.
2. A Good Faith Effort Form (Attachment 1C) is submitted if the Offeror has
subcontracting and/or supplier opportunities but was unable to meet or exceed
12 City Council approved June 2, 1998
the project goal. The Offeror will submit requested documentation that
�. demonstrates a good faith effort to comply with the goal requirements as
described in the Program Goal section above.
B. A contracting department may request the MBE/WBE Office to waive or modify the
goal requirements for MBE or WBE by submitting a Departmental Waiver Form, in
writing, prior to solicitation of bids or proposals. The MBE/WBE Office may grant
such a waiver or reduction upon determination that:
1. The reasonable and necessary requirements of the contract render
subcontracting or other participation of business other than the Offeror infeasible;
or
2. A public or administrative emergency exists which requires the goods or services
to be provided with unusual immediacy; or
3. Sufficient MBE/WBE providing the services required by the contract are
unavailable in the marketplace of the project, despite attempts to locate them; or
4. The application of the provisions of this ordinance will impose an unwarranted
risk on the City or unduly delay acquisition of the goods or services.
C. Whenever the MBE/WBE Office denies a request to waive a goal, the contracting
department may appeal that denial to the City Manager whose decision on the
request shall be final
VII. PROGRAM ADMINISTRATION
A. The City Manager, with the advice and counsel of the MWBEAC in accord with City
of Fort Worth Resolution No. 1148, is authorized to establish and implement the
regulations set forth in this ordinance. The MBE/WBE Office shall be responsible for
the overall administration of the City's MBE/WBE Program, and its duties and
responsibilities shall include:
1. Recommending rules and regulations to effectuate this ordinance;
2. Maintaining a current listing of certified MBE and WBE firms for distribution
internally and externally on contracts;
3. Providing information and needed assistance to MBE/WBEs to increase their
ability to compete effectively for the award of City contracts;
4. Investigating alleged violations of this ordinance and making written
recommendations to appropriate City authorities for remedial action when
appropriate;
5. Developing and distributing all necessary forms, applications, and documents
necessary to comply with this ordinance;
w
6. Reviewing, on a regular basis, the progress of departments toward achieving the
category goals for the utilization of minority and women business enterprises;
13 City Council approved June 2, 1998
7. Making recommendations to appropriate City staff regarding methods to further
the policies and goals of this ordinance;
8. Determining MBENVBE compliance on contracts before they are submitted to the i
City Council for award; .�
9. Maintaining accurate contract performance reporting system; and
10.Compiling a report reflecting the progress in attaining the City's annual goal,
quarterly and annually.
B. It shall be the responsibility of the contracting department to ensure that bids or
proposals emanating from the department adhere to the procedures and provisions
set forth in this ordinance. �-
1. The department director or designee shall assume primary responsibility for
achieving the goals of this program and shall review, on a continuing basis, all �^
aspects of the program's operations to assure that the purpose is being attained.
2. The contracting department shall take the following action to ensure that MBEs s
and WBEs have the maximum opportunity to participate on City contracts:
a) A written notification shall be sent to minority and women trade associations,
contractor's associations, and minority and women chambers of commerce
about the availability of formally advertised contracting opportunities no less
than 28 days before bids are due;
b) All applicable contract solicitations shall include the requirements contained in
this ordinance;
c) All contracting opportunities shall be evaluated in an effort to divide the total
requirements of a contract to provide reasonable opportunities for MBE/WBE;
d) For construction and professional service contracts, establish procedures to
ensure that all contractors' invoices are paid twice a month and that
subcontractors are paid within five (5) City business days after receipt of
payment. A contractor's failure to make payments within five (5) City
business days shall authorize the City to withhold future payments from the
contractor until compliance with this ordinance is attained.
e) Establish guidelines to ensure that a notice to proceed is not issued until
signed letters of intent evidencing receipt by the MBENVBE or executed
agreements with the MBENVBE have been submitted;
f) Ensure that all required statistics and documentation are submitted to the
MBENVBE Office as requested; and
g) If circumstances prevent the contracting department from meeting the 28-day
advertising and notification requirements, the contracting department shall
perform extensive outreach to MBENVBE associations or other relevant
organizations to inform them of the contracting opportunity.
14 City Council approved June 2, 1998
w
VIII. CERTIFICATION
The City will recognize MBE/WBE that are certified by the Texas Department of
Transportation (TxDOT), highway division or the North Central Texas Regional
Certification Agency (NCTRCA). In the event of denial of certification by either of these
entities, the City reserves the right to grant its own certification for use in City contracts.
IX. CONTRACT MONITORING, AND REPORTING
CID
A. The MBE/WBE Office shall monitor compliance with these requirements during the
term of the contract. If it is determined that there is cause to believe that a
contractor or subcontractor has failed to comply with any of the requirements of this
ordinance, or the contract provisions pertaining to MBE/WBE utilization, the
MBE/WBE Office shall notify the contracting department and the contractor. The
MBE/WBE Office shall attempt to resolve the noncompliance through conciliation. If
the noncompliance cannot be resolved, the Coordinator and the contracting
department shall submit written recommendations to the City Manager or designee,
and if the City Manager concurs with the findings, sanctions shall be imposed as
stated in ordinance.
B. Whenever the MBE/WBE Office finds, after investigation, that a contracting
department has failed to comply with the provisions of this ordinance, a written
finding specifying the nature of the noncompliance shall be transmitted to the
contracting department, and the MBE/WBE Office shall attempt to resolve any
noncompliance through conference and conciliation. Should such attempt fail to
resolve the noncompliance, the Coordinator shall transmit a copy of the findings of
noncompliance, with a statement that conciliation was attempted and failed, to the
City Manager who shall take appropriate action to secure compliance.
C. The MBE/WBE Office may require such reports, information, and documentation
from contractors, offers, contracting agencies, and the head of any department,
division, or office of the City of Fort Worth, as are reasonably necessary to
determine compliance with the requirements, within ten (10) days after the notice of
noncompliance.
D. Contracting departments shall maintain accurate records for each contract awarded,
including dollar value, the nature of the goods or services to be provided, the name
-of the contractor awarded the contract, the efforts it employed to solicit bids from
MBE/WBE, identifying for each its dollar value, the nature of the goods or services
provided, and the name of the subcontractor.
E. The City Manager, with the advice and counsel of the MWBEAC in accord with City
of Fort Worth Resolution No. 1148, shall submit an annual report to the City Council
on the progress of the City toward the utilization goals established by this ordinance,
together with an identification of problems and specific recommendations for
improving the City's performance.
15 City Council approved June 2, 1998
X. DEBARMENT
A. An Offeror who intentionally and/or knowingly misrepresents facts shall be
determined to be an irresponsible Offeror and barred from participating in City work
for a period of time of not less than three (3) years.
B. The failure of an Offeror to otherwise comply with this ordinance and which
constitutes a material breach of contract as stated herein, may result in the Offeror
being determined to be an irresponsible Offeror and barred from participating in City
work for a period of time of not less than one (1) year.
C. The MBE/WBE Office will send a written statement of facts and a recommendation
for debarment to the City Manager. The City Manager, after consultation with the
Department of Law, will make the decision regarding debarment and send a certified
notice to the Offeror.
D. An Offeror that receives notification of debarment may appeal to an Appeal Board,
hereinafter created, by giving written notice within ten (10) days from the date of
receipt of the debarment notice, to the City Manager of its request for appeal.
E. An Appeal Board, consisting of not less than three members appointed by the City
Manager with the approval of the City Council, will meet within thirty (30) days from
the date of receipt of the request for appeal of debarment, unless Offeror requests
an extension of time. The Offeror will be notified of the meeting time and location.
F. The Offeror will be afforded an opportunity to appear with Counsel if they so desire,
submit documentary evidence, and confront any person that the City presents.
G. The Appeal Board will render its decision not more than thirty (30) days of the
hearing and send a certified notice to the Offeror.
H. If the Appeal Board upholds the original debarment, the Offeror may appeal to the
City Council within ten (10) days from the date of receipt of the Appeal Board's
decision by giving written notice to the City Manager.
I. The appeal will be placed on the City Council agenda within thirty (30) days from
receipt of written notice, unless Offeror requests an extension in writing.
J. From the date of notification of debarment and during the pendency of any appeal,
the City will not consider offers from, award contracts to, renew or otherwise extend
contracts with, or contract directly or indirectly through subcontracts with the Offeror
pending the Appeal Board's decision.
K. Any MBE or WBE subcontractor or supplier who intentionally and/or knowingly
misrepresents facts or otherwise violates the provisions of this ordinance may be
determined to be irresponsible for a period of time not to exceed one (1) year, and if I
deemed irresponsible, such MBE or WBE shall not be included in calculating an F
Offeror's responsiveness.
16 City Council approved June 2, 1998
XI. SEVERABILITY
If any provision of this attachment or ordinance, the application thereof to any person or
circumstance is held invalid for any reason in a court of competent jurisdiction, such
invalidity shall not affect the other provisions of any other application of this attachment
or ordinance which can be given effect without the invalid provision or application, and
to this end, all the provisions of this attachment or ordinance are hereby declared to be
severable.
Y
• 17 City Council approved June 2, 1998
ORDINANCE NO.
REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE
POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES
PREVIOUSLY ADOPTED; ADOPTING AN ORDINANCE TO REMEDY THE
UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES, AND TO
ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY
BUSINESS ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR
PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS
ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO
BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH
THE CITY REGULARLY SOLICITS; ADOPTING THE U. S . SMALL
BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD;
ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS
ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE
SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND
PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC
GOALS; PROVIDING GENERALLY FOR THE PROCEDURES TO BE
FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS
TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE
RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING
WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR
MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE;
PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council commissioned an Availability/Disparity
Study (Study) conducted by Browne, Bortz & Coddington,
Inc. (BBC) and a Public Hearing (Hearing) conducted by
Carl Anderson, Esq, and found disparities in the
utilization of minority and women business enterprises in
contracts awarded by the City of Fort Worth (City) ; and
WHEREAS , the Study and Hearing found that discrimination occurred
in the major contracting areas (construction, purchasing,
and professional services) of the City of Fort Worth and
resulted in significant underutilization of minority and
women business enterprises; and
WHEREAS, minority and women business enterprises have had and
continue to have difficulties in obtaining financing,
bonding, credit, insurance, and assistance programs have
not been effective in either remedying the effects of
underutilization in City contracting or in preventing
ongoing underutilization; and
WHEREAS, the Study and the Hearing determined that race-neutral
alternatives for enhancing minority and women business
enterprise contracting are not completely sufficient; and
WHEREAS, the City has also been a passive participant in
discriminatory behavior practiced by private industry
within the relevant Marketplace in the award of contracts
to minorities and women businesses, the purpose of this
ordinance is to overcome the effects of this past
underutilization in the City's contracting processes; and
WHEREAS, the provisions of this ordinance may increase the
utilization of minority and women business enterprises in
contracts awarded by the City of Fort Worth; and
WHEREAS, the City Council now desires to provide a narrowly
tailored remedy for past underutilization of minority and
women businesses through the annual setting and defining
of percentage goals for different categories of
contracts, providing penalties for fraudulent misuse of
this ordinance, requiring regular review of the necessity
for the provisions of this ordinance, limiting those
minority and women's business enterprises that
participate under this ordinance to those that qualify
and do business in the City's Marketplace, providing for
post bid submission of required information about
minority and women business enterprises and establishing
waiver of goals procedures;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE -CITY
OF FORT WORTH, TEXAS, THAT:
• SECTION 1. -
It is the policy of the City of Fort Worth to attempt to
provide a remedy for past underutilization of qualified minority
and women businesses and prevent ongoing underutilization of
minority and women business enterprises in the City's contracting
process by ensuring the full and equitable participation of
minority and women business enterprises in the provision of goods
and services to the City on a contractual basis in the manner
identified in Attachment I of this ordinance, said Attachment I
being a part of this ordinance.
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PP
SECTION 2 .
The ultimate goal of this ordinance is to remedy the effects
of past underutilization in the Marketplace by increasing the use
of minority and women business enterprises above the present low
level to one more comparable to their availability in -the Fort
Worth Marketplace. The City Council shall set an annual goal for
MBE and WBE participation in City procurement activities, based
upon the availability within the Marketplace. The initial goals,
based upon availability, shall be thirteen percent (13%) for
minority businesses and twelve percent (12%) for women businesses
and shall be reviewed as provided for elsewhere herein. These
goals are not quotas.
SECTION 3.
The provisions of this ordinance shall apply to all contracts
awarded by the City, except as may be hereafter specifically
exempted , and shall be liberally construed for the accomplishment
of its policies and purposes. Specific goals shall be established
r�
in the areas of construction, professional services and purchases
of other goods and services. Goals may be set on individual
projects based on the type of work or services to be performed, or
goods to be acquired and the availability of minority and women
businesses in the City' s Marketplace.
SECTION 4 .
The provisions of this ordinance shall be considered in
determining the responsiveness to specifications of offerors to
the bid/proposal. The City shall consider the offeror's
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t
responsiveness to this ordinance , in the evaluation of
bids/proposals and shall award contracts to the lowest responsible
offeror meeting the specifications, inclusive of compliance to this
minority and women business enterprise ordinance. .�
SECTION S.
Debarment procedures shall be established for firms willfully
misrepresenting the facts in compliance with this ordinance to the
City.
SECTION 6.
Waiver procedures to the regulations established in this
ordinance shall be provided for City procurement activities where
a public calamity requires the emergency expenditure of. funds; the !
purchase of goods or services from source(s) where subcontracting
or supplier opportunities are nonexistent; where an economic risk T
or undue delay for the acquisition of goods or services will be
imposed on the City, or when the availability of minority and women
businesses is negligible.
SECTION 7.
From and after the date this ordinance takes effect, it shall
supersede all previous City Council Policies affecting minority and
women business enterprise and disadvantage business enterprises.
SECTION S.
The City Manager, with the advice and counsel of the
Disadvantaged Business Enterprise Advisory Committee ("DBEAC") in
C
accord with City of Fort Worth Resolution No. 1148 , is hereby
r
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authorized to establish, implement and administer regulations
necessary to carry out the intent of this ordinance.
SECTION 9 .
The City Council shall regularly, at least every three (3)
years, determine whether there is a continuing need for a •minority
and women business enterprise program, make relevant findings, and,
if necessary, repeal in whole or in part or enact appropriate
amendments to this ordinance.
SECTION 10.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 11.
This ordinance shall take effect and be in full force and
effect from on and after June 1, 1995; provided, however, that this
ordinance shall not affect any procurement activity where formal
solicitation began before the effective date of this ordinance, and
it is so ordained.
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APPROVED 'AS TO FORM AND LEGALITY:
ity Att
Date: 9 l9s
ADOPTED: '7` ' /•y- qf•
EFFECTIVE:
. t
• 1
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ATTACHMENT I,
1. DEFINITIONS•
1 . "Bidder" means any person, firm, corporation, or partnership
which submits a bid or proposal to provide labor, goods or
services to the City for which City funds are expended. The
term includes "Offeror" as well as offers received from
providers of professional services.
2. "Certified" means those firms, within the Marketplace, that
are certified by either the North Central Texas Regional
Certification' Agency (NCTRCA) or the Texas Department of
~
Transportation (TxDOT) , highway division.
3 . "City" means the City of Fort Worth, Texas.
4 . "Construction" means the erection, rehabilitation, alteration,
conversion, extension, demolition, improvement, remodeling or
repair to any real property, including streets, storm drains
and facilities providing utility service owned by the City.
5 . "Contract" means a binding agreement whereby the City either
grants a privilege or is committed to expend or does expend
its funds or other resources for or in connection with a)
construction of any public improvement, and b) purchase of any
services (including professional services) . The term includes
"purchase order" .
6. "Contract Officer" means the person employed by the City to
oversee the performance of the contract.
7. "Contracting Department" means the department responsible for
payment of contract obligations.
8 . "Contractor" means the person, firm, corporation, or
partnership with whom the City has entered into an agreement.
Includes the terms "Vendor' and "Prime Contractor".
9. "Coordinator" means the administrator of the MBE/WBE Office.
10. "Good Faith Effort" means having: absence of malice or any
intentions to deceive; good intentions and sincerity to meet
the goals of this ordinance. Documentation submitted by the
bidders to explain why its good and honest efforts did not
meet or exceed the stated MBE/WBE goals . Compliance with each
of the following steps shall satisfy the Good Faith Effort
requirement absent proof of fraud, misrepresentation, or
intentional discrimination by the bidder:
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10. 1 . List each and every subcontracting and/or supplier
opportunity for the completion of this project.
10. 2 . obtain a current ( less than two (2) months old from
the bid open date) list of M/WBE subcontractors
and/or suppliers from the City's M/WBE Office.
10. 3 . Attend the pre-bid conference, if scheduled by the
City, and attempt to utilize M/WBEs that attended.
10 . 4 . Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas previously listed, at least ..
ten days prior to bid opening by mail.
10. 5 . Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by telephone.
10. 6 . Solicit bids from M/WBEs , within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by advertisement in a
local newspaper.
10. 7 . Provide plans and specifications or information
regarding the location of plans and specification
to M/WBEs.
10. 8 . Submit documentation if M/WBE bids were rejected on
the basis of quotation not being commercially
reasonable, qualifications, etc.
Note : If a SIC code list of M/WBEs is five or less, the
bidder must contact the entire list to be in
compliance with 10. 4 and 10 . 5 . If a SIC code list .�
of M/WBEs is more than five, the bidder must
contact at least two-thirds of the list but not
less than five to be in compliance with 10.4 and
10. 5.
Note: Bidders who continuously list the same M/WBEs when
contact has previously been unsuccessful as result
of disconnected numbers or returned mail, will not
be deemed in compliance with the Good Faith Effort
requirements.
11 . "Joint Venture" means an association of two or more persons or
businesses to carry out a single business enterprise for
profit for which purpose they combine their property, capital,
skills, knowledge and management in an agreed to proportionate
share. u
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12 . "Marketplace" means the geographic market area represented by
the Fort Worth/ Dallas Consolidated Metropolitan Statistical
Area.
13 . "Minority" means a citizen of the United States or lawfully
admitted permanent resident who is Asian-American, American
Indian, Black or Hispanic.
14 . "Minority Business Enterprise" is defined as a qualified
business concern located in the Marketplace or doing business
in the Marketplace at the time of bid opening or during
negotiations related to proposals meeting the following
criteria:
a. which is at least 51 percent owned by one or more
minority persons, or, in the case of any publicly owned
business, at least 51 percent of the stock is owned by
one or more minority persons; and
b. whose management and daily business operations are
controlled by one or more minority persons who own it;
and
C. meeting the size standards set forth by SBA.
15. "Procurement" means the buying, renting, leasing or otherwise
obtaining or acquiring any supplies, materials, equipment or
services.
16 . "Professional Services" means services which require
predominantly mental or intellectual labor and skills,
includes, but is not necessarily limited to, architects,
engineers, surveyors, doctors, attorneys, and accountants.
17 . "Project Manager" see Contract Officer.
18 . "Purchasing" means the buying, renting, leasing or otherwise
obtaining or acquiring any supplies, materials, equipment or
services excluding construction and professional services
previously defined.
1,9 . "Qualified" means an individual or business entity having
previously performed or received training in the work,
industry or profession required.
20 . "Size Standard" is the average annual gross receipts for a
company and its affiliates for the previous three (3) fiscal
years which must not exceed the amounts as defined by the
.� United States Small Business Administration's (SBA) standard
industry classification (sic) codes. These codes are outlined
in the most recent edition of SBA 49 CFR 23 . 62, Appendix B and
13 CFR 121.401-407 and 601.
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R �d
21 . "Subcontract" means an agreement between the contractor and
another business entity for the performance of work.
22 . "Women Business Enterprise" is defined as a qualified business
concern located in the Marketplace or doing business in the
Marketplace at the time of competitive bid opening or during
negotiations related to proposals meeting the following
criteria: -
a. which is at least 51 percent owned by one * or more
women, or, in the case of any publicly owned business, at
least 51 percent of the stock is owned by one or more
women; and
b. whose -management and daily business operations are
controlled by one or more women who own it.
C. meeting the size standards set forth by SBA.
II . PROGRAM GOALS
(A) City-wide goals for the utilization of minority business
enterprises (MBE) and women business enterprises (WBE) shall
be reviewed and approved annually by the City Council. !
(1) The City Manager shall, on or before October 31 of each
year, beginning October 31, 1996, conduct an analysis of the
availability of MBEs and WBEs and present to the City Council
an annual report on MBE and WBE availability and utilization.
Based on the availability of MBE/WBEs in the Marketplace and
the City's most recent goals attainment and with the advice
and counsel of the DBEAC, the City Manager shall recommend to
the City Council reasonable goals for the remainder of the
current fiscal year.
(2) These goals shall be expressed in terms of percentages of
the total dollar value of all contracts to be awarded by the
City, and shall be established separately for categories of
construction, professional services, and purchasing as well as
any other categories that the City Council or City Manager
deem appropriate.
(B) Individual project goals shall be set by the M/WBE Office in
collaboration with the Contract Officer and Risk Management
(where appropriate) prior to solicitation. These project
goals shall be reasonable and shall be based upon:
(1) Specific subcontracting and/or materials opportunities
required to complete the project, and
-10-
(2) The availability of MBE/WBE in the identified
subcontracting and/or materials opportunities in the
Marketplace.
(C) MBE/WBE participation shall be counted toward meeting MBE and
WBE goals in accordance with the following provisions:
( 1) For the purpose of determining compliance with the goals
requirements established in this ordinance, businesses
will be counted as MBE and WBE only when they have been
certified as such prior to award of the bid or proposal.
(2) Any business (es) listed by an offeror which is not
e„ certified prior to award of bid/proposal will have that
amount of participation deducted from the total MBE/WBE
utilization in order to determine the offeror,'s
responsiveness. It is the responsibility of the offeror
• to secure additional certified or certifiable MBE/WBE
participation before responsiveness to this ordinance is
determined.
(3) The offeror may count toward its MBE or WBE goals first
and second tier MBE and WBE subcontractors and/or
suppliers.
(4 ) The offeror will be given credit toward the MBE/WBE
contract goal only when the MBE or WBE performs a
commercially useful function. An MBE or WBE is
considered to have performed a commercially useful
function when:
a) it is responsible for the execution of a distinct
element of the work by actually performing,
managing and supervising the work involved in
accordance with normal business practice; and
b) the firm receives due compensation as agreed upon
for the work performed.
( 5) Regardless of whether an arrangement between the
contractor and the MBE/WBE represents standard industry
practice, if the arrangement erodes the ownership,
control or independence of the MBE/WBE or does not meet
the commercially useful function requirement, the offeror
shall receive no credit toward the goals.
( 6) An offeror may count toward its MBE or WBE goal a portion
of the total dollar value of a contract with a joint
° venture equal to the percentage of MBE or WBE participa-
tion in the joint venture. The MBE or WBE involved in
the joint venture must be responsible for a clearly
e®
defined portion of the work to be performed, equal to a
-11-
share in the ownership, control, knowledge, management, '
responsibility, risks, and profits of the joint-venture.
(7) Except for joint ventures, all prime contractors, whether
same be majority firms, MBE or WBE, shall comply with
this ordinance in order. to be considered responsive.
(8) The bidder may not count toward the goal any agreements
with MBE or WBE that are not located within the
Marketplace or otherwise do not meet the guidelines as
set forth in this section.
III. MBE AND VBE UTILIZATION REQUIREMENTS
(A) In addition to the requirements set forth elsewhere, bid
conditions and requests for proposals shall include a
statement of both MBE and WBE goals established for the
project.
(B) Bid conditions, requests for proposals, and all other
specifications for contracts to be awarded by the City shall
require that offerors make a good faith effort to subcontract
with or purchase supplies from MBE and WBE. Such
specifications shall require the offeror to meet or exceed the
stated goals or submit documentation of GFE for all contracts
of $25,000 or more to permit a determination of compliance
with the specifications or requests for proposals.
(C) Construction and Professional Services contracts and such
other contracts which may be competed for under sealed
proposal procedures (estimated cost of $25, 000 or more) and
Purchasing contracts (estimated cost of $15, 000 or more) shall
be awarded and administered in accordance with the following
standards and procedures:
(1) Competitive bids shall include the MBE and WBE
specifications in the bid specifications. MBE and WBE
specifications consist of the SPECIAL INSTRUCTIONS TO
BIDDERS, AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM and the GOOD FAITH EFFORT
FORM.
(a) The AFFIDAVIT STATEMENT shall be submitted with the
bid on the bid opening date.
(b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall
be submitted to. the contracting department no later
than 5:00 p.m. , five (5) City business days after
bid opening date.
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(c) An offeror that equals or exceeds the MBE and WBE
project goals, shall submit the MBE/WBE UTILIZATION
FORM.
(d) The PRIME CONTRACTOR WAIVER FORM shall be submitted
with any bid that includes no subcontracting
and/supplier opportunities. If substantial
subcontracting and/or substantial supplier
opportunities arise in the performance of a
contract awarded in reliance on the PRIME
CONTRACTOR WAIVER FORM, the contractor shall notify
the City before subcontracts for work and/or
supplies are let and the contractor shall comply
with the requirements of this ordinance.
(e) GOOD FAITH DOCUMENTATION, including the GOOD FAITH
EFFORT FORM, shall be submitted with any bid and/or
proposal that fails to include MBE/WBE
participation that equals or exceeds the MBE/WBE
project goals.
(f) The submission of the applicable completed form(s)
within the allotted time Will be considered when
3 determining the responsiveness of the bid. Failure
to comply with the bid specifications, inclusive of
the MBE and WBE specifications, shall render the
y bid non-responsive.
(2) Other than responses to Requests for Proposals for those
professional services defined in Chapter 2254 of the
Texas Government Code, responses to Requests for
Proposals shall include a section which identifies the
particular MBEs and/or WBEs to be utilized in performing
the contract.
(a) Specify as to MBEs and WBEs, the estimated
percentage of the MBE and WBE participation, the
type of work to be performed by the MBE or WBE, and
such other information as may reasonably be
required to determine the responsiveness to the
Request for Proposal .
(b) Responses that do not meet or exceed the MBE and
WBE utilization goals, as required by the request
for proposal, must submit a GFE explanation.
Failure to include such GFE explanation shall
render the response non-responsive.
(3) Initial responses to requests for proposals for those
professional services defined in Chapter 2254 of the
Texas Government Code shall not include a response to
the requirements of this ordinance. The City shall
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comply with the requirements of said Chapter and rank
the professional on the, basis of demonstrated
competence and qualifications. During negotiating the
contract with the highest ranked professional, the
professional shall respond to this ordinance in the
manner specified in paragraph 2 (a) above.
(4 ) The GOOD FAITH EFFORT documentation shall demonstrate the
Offeror's commitment and honest efforts to utilize MBE
and WBE. The burden of preparing and submitting the GFE
information is on the Offeror and will be evaluated as
part of the responsiveness to the bid or appropriate
proposal. Any will misrepresentation of facts on the
documentation submitted will constitute a basis for
classification as non-responsive and possible debarment.
(5) The contracting department may request the MBE/WBE Office
to waive the goal requirements of this subsection, or to
reduce the amount of the goals, for either or both
MBE/WBE, in accordance with the provisions of the
Exceptions and Waivers section.
(D) The City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148, shall
adopt regulations governing the purchase of goods and services
under $15, 000.
(E) In addition to such other requirements as may be set forth
elsewhere, the following shall apply to construction, profes-
sional service, discretionary service, and applicable
purchasing contracts awarded by the City:
( 1) Contracts shall incorporate this ordinance by reference,
and shall provide that the failure of any bidder,
contractor or subcontractor to comply with this ordinance
shall be a material breach of contract.
(2) During the term of any contract, any proposed change or
deletion in MBE/WBE participation identified in the bid,
proposal or contract shall be reviewed by the MBE/WBE
Office to determine whether such change or deletion is
justified in accord with the immediate following two (2)
paragraphs. Any unjustified change or deletion shall be
a material breach of the contract.
(3) Contracts shall require that during the term of the
contract, the contractor shall:
(a) Make no unjustified changes or deletions in its MBE
and WBE participation commitments submitted with
the bids, proposals or during negotiations;
-14-
(b) If substantial subcontracting and/or substantial
supplier opportunities arise during the term of any
contract that the contractor represented to the
City that the contractor alone would perform
required by the contract, the contractor shall
notify the City before subcontracts for work and/or
supplies are let and shall be required to comply
with the provisions of this ordinance; and
(c) Maintain records reasonably necessary for monitor-
ing their compliance with the provisions of this
ordinance.
(4) The contractor shall submit to the MBE/WBE Office for
approval a REQUEST FOR APPROVAL OF CHANGE FORM if, during
the term of any contract, a contractor wishes to change
or delete one or more MBE and/or WBE subcontractor's) .
(a) Within three (3) business days after receipt by the
MBE/WBE Office, the Request shall be reviewed. The
Request shall be approved if the change or
deletions is justified. The following shall
constitute justification for the requested
change or deletion:
(1) an MBE or WBE's failure to provide workers'
compensation insurance evidence as required by
state law; or
(2) an MBE or WBE's failure to provide evidence of
general liability or other insurance under the
same or similar terms as contained in the
contract documents with limits of coverage no
greater than the lower of 1) the limits
required of the contractor by the City; or 2)
the limits contained in the contractor's
standard subcontract or supply agreements used
on other projects of similar size ' and scope
and within the contractor's normal business
practice with non MBE or WBE subcontractor's
or suppliers; or
(3) an MBE or WBE's failure to execute the
contractor's standard subcontract form in the
amount of the bid, if entering a subcontract
is required by the contractor in its normal
course of business; or
(4) an MBE or WBE's default in the performance of
the executed subcontract; and
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(5) all MBE and WBE subcontractors previously
• submitting bids for the work are requested to
bid on the work, and, if reasonably
practicable due to time constraints, the
contractor obtains bids from previously non-
bidding MBEs and WBEs, and no MBE or WBE
subcontractor submits the lowest bid.
(b) If the MBE/WBE Office approves the deletion of an
MBE or WBE and replacement by a non-MBE or WBE, Y
such approval shall constitute a post award waiver
to the extent of the value of the deleted
subcontract. .-.
(c) °If the MBE/WBE Office denies the Request for Change
or Deletion, the contractor may appeal the denial
to the City Manager whose decision will be final.
NOTE: The contractor shall submit such documentation
as may reasonably be requested by the MBE/WBE
Office to support the contractor's request.
The time between the request by the MBE/WBE
Office for additional documentation and the
delivery of such documentation shall not be
included within the time period that the
MBE/WBE Office is required to respond.
NOTE: Upon completion of the contract and within ten
( 10) days after receipt of final payment from
the City, the contractor shall provide the
MBE/WBE Office with documentation to reflect
the final participation of each subcontractor
w
and/or supplier used on the project, inclusive
of MBEs and WBEs.
(5) Whenever contract, amendments, change order, or extra
work orders are made individually or in the aggregate,
the contractor shall comply with the provisions of this
ordinance with respect to the alternates, amendment,
change orders, or extra work order.
(a) If the amendment, change order, or extra work
affects the subcontract of an MBE or WBE, such MBE
or WBE shall be given the opportunity to perform
such amendment, change order or extra work.
(b) If the amendment, change order or extra work is not
covered by any subcontract of like or similar work,
is work not to be performed by the contractor,and
the amount of such amendment, change order or extra
work exceeds ten percent (10%) of the original
contract amount, the contractor shall comply with
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the provisions of this ordinance with respect to
such amendment, change order, or extra work.
IV. EXCEPTIONS AND WAIVERS
(A) If a bidder is unable to comply with the goal requirements
established in the Program Goals section of this ordinance,
such bidder shall submit one of the two forms listed below
within the allotted time.
(1) A Prime Contractor Waiver Form (Attachment 1B) is
submitted if the bidder will perform the entire contract
without subcontractors or suppliers.
(2) A Good Faith Effort Form (Attachment 1C) is submitted if
the bidder has subcontracting and/or supplier
opportunities but was unable to meet or exceed the
project M/WBE goals. The bidder will submit requested
documentation which demonstrates a good faith effort to
comply with the goals requirements as described in the
Program Goals section above.
(B) A contracting department may request the MBE/WBE Office to
waive or modify the goal requirements for MBE and/or WBE by
submitting a Departmental Waiver Form in writing, prior to
solicitation of bids or proposals. The MBE/WBE Office may
grant such a waiver or reduction upon determination that:
( 1) The reasonable and necessary requirements of the contract
render subcontracting or other participation of business
other than the bidder or proposer infeasible; or
(2) A public or administrative emergency exists which
requires the goods or services to be provided with
unusual immediacy; or
(3) Sufficient MBE and WBE providing the services required by
the contract are unavailable in the market area of the
project, despite attempts to locate them; or
(4 ) The application of the provisions of this ordinance will
impose an unwarranted risk on the City or unduly delay
acquisition of the goods or services .
(5) Whenever the MBE/WBE Office denies a request to waive a
goal, the contracting department may appeal that denial
to the City Manager whose decision on the request shall
be final .
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V. PROGRAM ADMINISTRATION
(A) The City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148 , is
authorized to establish and implement the regulations set
forth in this ordinance. The MBE/WBE Office shall be
responsible for the overall administration of the City's MBE
and WBE Program, and its duties and responsibilities shall
include:
(1) Recommending rules and regulations to effectuate this
ordinance;
(2) Maintaining a current listing of certified WBE and MBE
for. distribution internally and externally on contracts;
(3) Providing information and needed assistance to MBE and
WBE to increase their ability to compete effectively for
the award of City contracts;
(4) Investigating alleged violations of this ordinance and
making written recommendations to appropriate City
authorities for remedial action when appropriate;
(5) Developing and distributing all necessary forms, applica-
tions, and documents necessary to comply with this
ordinance;
(6) Reviewing, on a regular basis, the progress of depart-
ments toward achieving the category goals for the
utilization of minority and women' s business enterprises;
(7) Making recommendations to appropriate City staff
regarding methods . to further the policies and goals of
this ordinance;
(8) Determining MBE/WBE compliance on contracts before they
are submitted to the City Council for award;
(9) Maintaining accurate contract performance reporting
system; and
( 10) Compiling a report reflecting the progress in attaining
the City's annual goals; quarterly and annually.
(B) It shall be the responsibility of the contracting -department
to ensure that bids or proposals emanating from the department
adhere to the procedures and provisions set forth in this
ordinance.
( 1) The department director or designee shall assume primary
a.. responsibility for achieving the goals of this program
-18-
i
and shall review, on a continuing basis, all aspects of
the program's operations to assure that the purpose is
being attained.
(2) The contracting department shall take the following
action to ensure that MBEs and WBEs have the maximum
opportunity to participate on City contracts:
(a) The advertisements for formal bids required to be
advertised according to statute shall appear in
minority and women-targeted media, no less than 30
days before bids are due for specific contracting
opportunities;
(b) A written notification shall be sent to minority
and women trade associations, contractor's
associations, and minority and women chambers of
commerce about the availability of formally
advertised contracting opportunities no less than
30 days before bids are due;
(c) All contract solicitations shall include the MBE
and WBE policy;
(d) All contracting opportunities shall be evaluated in
an effort to divide the total requirements of a
contract to provide reasonable opportunities for
MBE and WBE;
(e) For construction contracts, establish procedures to
ensure that all contractors submitting correct
invoices are paid twice a month and that
subcontractors are paid in accord with the
subcontract within five (5) business days after
receipt of payment; a contractor's failure to make
payments within five (5) business days shall
authorize the City to withhold future payments from
the contractor until compliance with this ordinance
is attained.
(f) Establish guidelines to ensure that a notice to
proceed is not issued until signed letters of
intent or executed agreements with the MBE and WBE
_ have been submitted;
(g) Ensure that all required statistics and documenta-
tion are submitted to the MBE/WBE Office as
requested; and
(h) If circumstances prevent the contracting department
from meeting the thirty-day advertising and notifi-
cation requirements, the contracting department
.. -19-
shall perform extensive outreach to MBE and WBE
_ associations or other relevant organizations to
inform them of the contracting opportunity.
VI . CERTIFICATION
The City will recognize MBE and WBE that are certified by the Texas
Department of Transportation (TxDOT) , highway division, or the
North Central Texas Regional Certification Agency (NCTRCA) .
p_II. CONTRACT MONITORING, REPORTING, AND COMPLIANCE
(A) The MBE/WSE Office shall monitor compliance with these
requirements during the term of the contract. If it is E
determined that there is cause to believe that a contractor or
subcontractor has failed to comply with any of the require-
ments of this ordinance, or the contract provisions pertaining
to MBE and WBE utilization, the MBE/WBE Office shall notify
the contracting department and the contractor.
The MBE/WBE Office shall attempt to resolve the noncompliance
through conciliation. If the noncompliance cannot be
resolved, the Coordinator and the contracting department shall
submit written recommendations to the City Manager or
designee, and if the City Manager concurs with the findings,
sanctions shall be imposed as stated in ordinance.
(B) Whenever the MBE/WBE Office finds, after investigation, that
a contracting department has failed to comply with the
provisions of this ordinance, a written finding specifying the
nature of the noncompliance shall be transmitted to the
contracting department, and the MBE/WBE Office shall attempt
to resolve any noncompliance through conference and
conciliation. Should such attempt fail to resolve the
noncompliance, the Coordinator shall transmit a copy of the
findings of noncompliance, with a statement that conciliation
was attempted and failed, to the City Manager who shall take
appropriate action to secure compliance.
(C) The MBE/WBE Office may require such reports, information, and
documentation from contractors, bidders, contracting agencies,
and the head of any department, division, or office of the
City of Fort Worth, as are reasonably necessary to determine
compliance with the requirements, within ten (10) days after ,
the notice of noncompliance.
(D) Contracting departments shall maintain accurate records for
each contract awarded, including dollar value, the nature of
the goods or services to be provided, the name of the contrac-
tor awarded the contract, the efforts it employed to solicit
bids from MBE and WBE, identifying for each its dollar value,
-20-
the nature of the goods or services provided, and the name of
the subcontractor.
(E) The City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148, shall
submit an annual report to the City Council on the progress of
the City toward the utilization goals established by this
ordinance, together with an identification of problems and
specific recommendations for improving the City's performance.
VIII . DEBARMENT
(A) The misrepresentation of facts (other than a . negligent
misrepresentation) and/or the commission of fraud by an
offeror will result in the offeror being determined to be an
irresponsible offeror and barred from participating in City
work for a period of time of not less than three (3) years.
(B) The MBE/WBE Office will send a written statement of facts and
a recommendation for debarment to the City Manager. The
City Manager, after consultation with the Department of Law,
will make the decision regarding debarment and send a
certified notice to the Offeror.
(C) An offeror that receives notification of debarment may appeal
to an Appeal Board, hereinafter created, by giving written
notice within ten ( 10) days from the date of receipt of the
debarment notice , to the City Manager of its request for
appeal.
(D) An Appeal Board, consisting of not less than three members
appointed by the City Manager with the approval of the City
_ Council, will meet within thirty (30) days from the date of
receipt of the request for appeal of debarment, unless Offeror
requests an extension of time. The Offeror will be notified
of the meeting time and location.
(E) The Offeror will be afforded an opportunity to appear with
Counsel if they so desire, submit documentary evidence, and
confront any person the City presents.
(F) The Appeal Board will render its decision not more than thirty
( 30) days of the hearing and send a certified notice to the
Offeror.
(G) If the Appeal Board upholds the original debarment, the
Offeror may appeal to the City Council within ten (10) days
from the date of receipt of the Appeal Board' s decision by
giving written notice to the City Manager.
-21-
(H) The appeal will be placed on the City Council agenda within
thirty (30) days from receipt of written notice,. unless
Offeror requests an extension in writing.
(I) From the date of notification of debarment and during the
pendency of any appeal, the City will not consider offers
from, award contracts to, renew or otherwise extend contracts
with, or contract directly or indirectly through subcontracts
with the Offeror pending the Appeal Board's decision.
;Xs SEVERABILITY
If any provision of this attachment or ordinance, the application
thereof to any person or circumstance is held invalid for any
reason in a court of competent jurisdiction, such invalidity shall
not affect the other provisions of any other application of this
attachment or ordinance which can be given effect without the _
invalid provision or application, and to this end, all .the
provisions of this attachment or ordinance are hereby declared to
be severable.
-22-
PART C
GENERAL CONDITIONS
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
C1-1 DEFINITIONS
C1-1.1 Definition of Terms C1-1 ( 1)
C1-1.2 Contract Documents C1-1 (1)
C1-1.3 Notice to Bidders Cl-1 ( 2)
C1-1.4 Proposal C1-1 ( 2 )
C1-1.5 Bidder C1-1 ( 2)
C1-1.6 General Conditions C1-1 ( 2)
C1-1.7 Special Conditions C1-1 ( 2)
C1-1.8 Specifications Cl-1 ( 2)
C1-1.9 Bond C1-1 ( 2)
C1-1.10 Contract C1-1 (3)
C1-1.11 Plans C1-1 ( 3 )
C1-1.12 City C1-1 (3 )
C1-1.13 City Council Cl-1 (3 )
C1-1.14 Mayor C1-1 ( 3 )
C1-1.15 City Manager C1-1 (3 )
C1-1.16 City Attorney C1-1 ( 3)
C1-1.17 Director of Public Works C1-1 ( 4 )
C1-1.18 Director, City Water Department C1-1 ( 4)
C1-1.19 Engineer C1-1 (4 )
C1-1.20 Contractor C1-1 (4 )
C1-1. 21 Sureties C1-1 ( 4 )
C1-1.22 The Work or Project C1-1 (4 )
C1-1.23 Working Day C1-1 ( 4)
C1-1.24 Calendar-Day C1-1 (4 )
C1-1. 25 Legal Holiday C1-1 ( 4 )
C1-1.26 Abbreviations C1-1 ( 5 )
C1-1. 27 Change Order C1-1 (6 )
C1-1.28 Paved Streets and Alleys C1-1 (6 )
C1-1 . 29 Unpaved Streets and Alleys C1-1 (6 )
C1-1. 30 City Streets C1-1 (6 )
C1-1. 31 Roadway C1-1 (6 )
C1-1. 32 Gravel Street C1-1 (6 )
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1 Proposal Form C2-2 (1)
C2-2.2 Interpretation of Quantities C2-2 (1)
Y C2-2. 3 Examination of Contract Documents
and Site C2-2 (2)
C2-2.4 Submitting of Proposal C2-2 (3 )
C2-2.5 Rejection of Proposals C2-2 ( 3 )
C2-2.6 Bid Security C2-2 ( 3)
(1)
C2-2. 7 Delivery of Proposal C2-2 (4)
C2-2. 8 Withdrawing Proposals C2-2 (4)
C2-2. 9 Telegraphic Modification of Proposals C2-2 (4)
C2-2.10 Public Opening of Proposal C2-2 (4)
C2-2. 11 Irregular Proposals C2-2 (4)
C2-2.12 Disqualification of Bidders C2-2 (5)
C3-3 AWARD AND EXECUTION OF DOCUMENTS
C3-3. 1 Consideration of Proposals C3-3 (1)
C3-3. 2 Minority Business Enterpise
Women-Owned Business Enterprise
compliance C3-3 (1)
C3-3. 3 Equal Employment Provisions C3-3 (1)
C3-3. 4 Withdrawal of Proposals C3-3 (2)
C3-3.5 Award of Contract C3-3 (2)
C3-3. 6 Return of Proposal Securities C3-3 (2)
C3-3. 7 Bonds C3-3 (2)
C3-3.8 Execution of Contract C3-3 (4)
C3-3.9 Failure to Execute Contract C3-3 (4 )
C3-3.10 Beginning Work C3-3 (4 )
C3-3.11 Insurance C3-3 (4 )
C3-3. 12 Contractor 's Obligations C3-3 (7)
C3-3.13 Weekly Payroll. C3-3 (7)
C3-3.14 Contractor ' s Contract Administration C3-3 (7)
C3-3.15 Venue C3-3 (8)
C4-4 SCOPE OF WORK
C4-4.1 Intent of Contract Documents C4-4 (1 )
C4-4. 2 Special Provisions C4-4 (1)
C4-4.3 Increased or Decreased Quantities C4-4 (1)
C4-4 .4 Alteration of Contract Documents C4-4 (2)
C4-4.5 Extra Work C4-4 (2)
C4-4.6 Schedule of Operations C4-4 (3)
C4-4 .7 Progress Schedules for Water and
Sewer Plant Facilities C4-4 (4 )
C5-5 CONTROL OF WORK AND MATERIALS
C5-5.1 Authority of Engineer C5-5 (1)
C5-5. 2 Conformity with Plans C5-5 (1)
C5-5. 3 Coordination of Contract Documents C5-5 (2)
C5-5.4 Cooperation of Contractor C5-5 (2)
C5-5.5 Emergency and/or Rectification Work C5-5 (3)
C5-5.6 Field Office C5-5 (3)
C5-5.7 Construction Stakes C5-5 (3)
C5-5.8 Authority and Duties of Inspectors C5-5 (4)
C5-5.9 Inspection C5-5 (5)
C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5)
C5-5.11 Substitute Materials or Equipment C5-5 (5)
C5-5.12 Samples and Tests of Materials C5-5 (6)
C5-5.13 Storage of Materials C5-5 (6)
C5-5.14 Existing Structures and Utilities C5-5 (7)
C5-5.15 Interruption of Service C5-5 (7)
C5-5.16 Mutual Responsibility of Contractors C5-5 (8)
C5-5.17 Cleanup C5-5 (8)
C5-5 .18 Final Inspection C5-5 (9)
(2 )
C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 Laws to be Observed C6-6 (1 )
C6-6. 2 Permits and Licenses C6-6 (1 )
C6-6. 3 Patented Devices, Materials and Processes C6-6 (1 )
C6-6. 4 Sanitary Provisions C6-6 (2 )
C6-6. 5 Public Safety and Convenience C6-6 (2)
C6-6. 6 Privileges of Contractor in Streets,
Alleys, and Right-of-Way C6-6 (3 )
C6-6. 7 Railway Crossings C6-6 (4 )
C6-6. 8 Barricades, Warnings and Watchmen C6-6 (4 )
C6-6. 9 Use of Explosives, Drop Weight, etc. C6-6 (5)
C6-6. 10 Work Within Easements C6-6 (6 )
C6-6. 11 Independent Contractor C6-6 (8 )
C6-6. 12 Contractor ' s Responsibility for
Damage Claims C6-6 (8 )
C6-6. 13 Contractor ' s Claim for- Damages C6-6 (10)
C6-6.14 Adjustment of Relocation of Public
Utilities, etc. C6-6 (10 )
C6-6. 15 Temporary Sewer Drain Connections C6-6 (10 )
C6-6.16 Arrangement and Charges of Water
Furnished by City C6-6 (11 )
C6-6. 17 Use of a Section of Portion of the Work C6-6 (11 )
C6-6.18 Contractor ' s Responsibility for Work C6-6 (11 )
C6-6. 19 No Waiver of Legal Rights C6-6 (12)
C6-6. 20 Personal Liability of Public Officials C6-6 (12)
C6-6. 21 State Sales Tax C6-6 (12)
r C7-7 PROSECUTION AND PROGRESS
C7-7.1 Subletting C7-7 (1 )
C7-7. 2 Assignment of Contract C7-7 (1)
C7-7. 3 Prosecution of the Work C7-7 (1 )
C7-7. 4 Limitations of Operations C7-7 (2)
C7-7. 5 Character of Workman and Equipment C7-7 (2 )
r C7-7. 6 Work Schedule C7-7 (3 )
C7-7. 7 Time of Commencement and Completion C7-7 (4 )
C7-7. 8 Extension of time of Completion C7-7 (4 )
C7-7. 9 Delays C7-7 ( 4 )
C7-7.10 Time of Completion C7-7 (5)
C7-7. 11 Suspension by Court Order C7-7 (6 )
C7-7.12 Temporary Suspension C7-7 (6 )
C7-7.13 Termination of Contract due to
National Emergency C7-7 (7 )
C7-7. 14 Suspension of Abandonment of the
: Work and Annulment of Contract C7-7 (7 )
C7-7.15 Fulfillment of Contract C7-7 ( 9 )
C7-7.16 Termination for Convenience of the Onwer C7-7 (10)
C7-7.17 Safety Methods and Practices C7-7 (13 )
C8-8 MEASUREMENT AND PAYMENT
C8-8. 1 Measurement of Quantities C8-8 (1)
C8-8. 2 Unit Prices C8-8 (1 )
(3)
C8-8.3 Lump Sum C8-8 (1)
C8-8. 4 Scope of Payment C8-8 (1 )
C8-8.5 Partial Estimates and Retainage C8-8 (2 )
C8-8. 6 Withholding Payment C8-8 (3 )
C8-8. 7 Final Acceptance C8-8 (3 )
C8-8. 8 Final Payment C8-8 (3 )
C8-8 . 9 Adquacy of Design C8-8 (4)
C8-8 .10 General Guaranty C8-8 (4)
C8-8.11 Subsidiary Work C8-8 (5 )
C8-8.12 Miscellaneous Placement of Material C8-8 (5)
C8-8. 13 Record Documents C8-8 (5 )
3
(4 )
PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract
Documents the following terms or pronouns in place of them are
used , the intent and meaning shall be understood and
interpreted as follows:
C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of
the written and drawn documents , such as specifications ,
bonds , addenda , plans , etc . , which govern the terms and
performance of the contract . These are contained in the
General Contract Documents and the Special Contract Documents.
a. GENERAL CONTRACT DOCUMENTS : The General Contract
Documents govern all Water Department Projects and
include the following items:
PART A - NOTICE TO BIDDERS (Sample) White
PART B - PROPOSAL (Sample) White
PART C - GENERAL CONDITIONS (CITY) Canary Yellow
(Developer) Brown
PART D - SPECIAL CONDITIONS Green
PART E - SPECIFICATIONS E1-White
E2-Golden Rod
E 2 A-Wh i_t e
PERMITS/EASEMENTS Blue
PART F - BONDS (Sample) White
PART G - CONTRACT (Sample) White
b. SPECIAL CONTRACT DOCUMENTS : The Special Contract
Documents are prepared for each specific project as
a supplement to the General Contract Documents and
include the following items:
PART A - NOTICE TO BIDDERS (Advertisement) Same as
above
PART B - PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
PART H - PLANS (Usually bound separately)
C1-1 (1 )
C1- 1 . 3 NOTICE TO BIDDERS : All of the legal publications
either actually published in public advertising mediums or
furnished direct to interested parties pertaining to the work
contemplated under the Contract Documents constitutes the
notice to bidders.
C1-1 . 4 PROPOSAL: The completed written and signed offer or
tender of a bidder to perform the work which the Owner desires
to have done, together, with the bid security, constitutes the
Proposal , which becomes binding upon the Bidder when it is
officially received by the Owner, has been publicly opened and
read and not rejected by the Owner.
C1-1 . 5 BIDDER: Any person , persons , firm, partnership,
company, association, corporation, acting directly or through
a duly authorized representative, submitting a proposal for
performing the work contemplated under the Contract Documents ,
constitutes a bidder.
C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the
usual construction and contract requirements which govern the
performance of the work so that it will be carried on in
accordance with the customary procedure, the local statutes ,
and requirements of the City of Fort Worth ' s charter and
promulgated ordinances.
Wherever there may be a conflict between the General
Conditions and Special Conditions , the latter shall take
precedence and shall govern.
C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the
specific requirements which are necessary for the particular
project covered by the Contract Documents and not specifically
covered in the General Conditions . When considered with the
General Conditions and other elements of the Contract
Documents they provide the information which the Contractor
and Owner should have in order to gain a thorough knowledge of
the project.
C1-1. 8 SPECIFICATIONS: The Specifications is that section or
part of the Contract Documents which sets forth in detail the
requirements which must be met by all materials, construction,
workmanship, equipment and services in order to render a
completed and useful project. Whenever reference is made to
standard specifications, regulations, requirements , statutes ,
etc. , such referred to documents shall become a part of the
Contract Documents just as though they were embodied therein.
C1-1 . 9 BOND: The bond or bonds are the written guarantee or
security furnished by the Contractor for the prompt and
C1-1 (2)
faithful performance of the contract and include the
following:
a. Performance Bond (see paragraph C3-3.7 )
A b. Payment Bond (see paragraph C3-3 .7)
C. Maintenance Bond (see paragraph C3-3.7 )
d. Proposal or Bid Security (see Special Instructions
to Bidders, Part A and C2-2 .6 )
C1-1 . 10 CONTRACT: The Contract is the formal signed agreement
between the Owner and the Contractor covering the mutual
understanding of the two contracting parties about the project
to be completed under the Contract Documents.
C1-1 . 11 PLANS: The plans are the drawings or reproductions
therefrom made by the Owner ' s representative showing in detail
the location, dimension and position of the various elements
of the project , including such profiles , typical
cross-sections, layout diagrams, working drawings, preliminary
drawings and such supplemental drawings as the Owner may issue
to clarify other drawings or for the purpose of showing
changes in the work hereinafter authorized by the Owner . The
plans are usually bound separately from other parts of the
Contract Documents , but they are a part of the Contract
Documents just as though they were bound therein.
C1-1 . 12 CITY: The City of Fort Worth , Texas , a municipal
corporation , authorized and chartered under the Texas State
Statutes , acting by and through its governing body or its City
Manger , each of which is required by charter to perform
specific duties . Responsibility for final enforcement of
Contracts involving the City of Fort Worth is by Charter
vested in the City Manager. The terms City and Owner are
synonymous.
Cl- 1 . 13 CITY COUNCIL : The duly elected and qualified
governing body of the Cxty of Fort Worth, Texas.
C1-1 . 14 MAYOR : The officially elected Mayor , or in his
absence, the Mayor Pro tem of the City of Fort Worth, Texas.
C1-1 . 15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth, Texas, or his duly
authorized representative.
C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney
of the City of Fort Worth, Texas , or his duly authorized
representative.
C1-1 (3 )
M
C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official
of the City of Fort Worth, referred to in the Charter as the
City Engineer, or his duly authorized representative.
C1-1 . 19 DIRECTOR , CITY WATER DEPARTMENT: The duly appointed
Director of the City Water Department of the City of Fort
Worth , Texas , or his duly authorized representative ,
assistant, or agents.
C1-1 . 19 ENGINEER: The Director of Public Works, the Director
of the Fort Worth City Water Department , or their duly
authorized assistants , agents , engineers , inspectors , or
superintendents , acting within the scope of the particular
duties entrusted to them.
C1-1 . 20 CONTRACTOR: The person , persons , partnership ,
company, firm, association, or corporation , entering into a
contract with the Owner for the execution of the work, acting
directly or through a duly authorized representative. A
sub-contractor is a person, firm, corporation, or others under
contract with the principal contractor, supplying labor and
materials or only labor, for work at the site of the project.
C1-1 . 21 SURETIES: The Corporate bodies which are bound by
such bonds are required with and for the Contractor . The
sureties engaged are to be fully responsible for the entire
and satisfactory fulfillment of the Contract and for any and
all requirements as set forth in the Contract Documents and
approved changes therein.
C1-1. 22 THE WORK OR PROJECT: The completed work contemplated
in and covered by the Contract Documents , including but not
limited to the furnishing of all labor , materials , tools ,
equipment, and incidentals necessary to produce a completed
and serviceable project.
C1-1. 23 WORKING DAY: A working day is defined as a calendar
day, not including Saturdays, Sundays , and legal holidays , in
which the weather or other conditions not under the control of
the Contractor permit the performance of the principal unit of
work for a period of not less than seven ( 7 ) hours between
7 : 00 a .m. and 6: 00 p.m. , with exceptions as permitted in
paragraph C7-7 .6.
C1-1. 24 CALENDAR DAYS: A calendar day is any day of the week
or month, .no days being excepted.
C1-1. 25 LEGAL HOLIDAYS: Legal holidays shall be observed as
prescribed by the City Council of the City of Fort Worth for
observance by City employees as follows:
C1-1 (4 )
1. New Year ' s Day January 1
2. M. L. King, Jr . Birthday Third Monday in January
3 . Memorial Day Last Monday in May
4 . Independence Day July 4
5 . Labor Day First Monday in September
6 . Thanksgiving Day Fourth Thursday in November
7 . Thanksgiving Friday Fourth Friday in November
8 . Christmas Day December 25
9 . Such other days in lieu of
holidays as the City Council
may determine
When one of the above named holidays or a special holiday is
declared by the City Council , falls on Saturday, the holiday
shall be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those
employees working on working day operations . Employees
working calendar day operations will consider the calendar
holiday as the holiday.
C1-1 . 26 ABBREVIATIONS: Wherever the abbreviations defined
herein appear in Contract Documents , the intent and meaning
shall be as follows:
- AASHTO - American Association of MGD - Million Gallons Per
State Highway Transportation Day
Officials
ASCE - American Society of Civil CFS - Cubic Foot per
Engineers Second
LAW - In Accordance With
ASTM - American Society of Min. - Minimum
Testing Materials Mono.- Monolithic
AWWA - American Water Works % - Percentum
Association R - Radius
ASA - American Standards Association I.D. - Inside Diameter
HI - Hydraulic Institute O. D . - Outside
Diameter
Asph. - Asphalt Elev. - Elevation
Ave. - Avenue F - Fahrenheit
Blvd. - Boulevard C - Centigrade
CI - Cast Iron In. - Inch
CL - Center Line Ft. - Foot
GI - Galvanized Iron St. - Street
Lin. - Linear or Lineal CY - Cubic Yard
lb. - Pound Yd. - Yard
MH - Manhole SY - Square Yard
Max. - Maximum L.F. - Linear Foot
D.I . - Ductile Iron
C1-1 (5 )
C1 - 1 . 27 CHANGE ORDER: A " Change Order " is a written
supplemental agreement between the Owner and the Contractor
covering some added or deducted item or feature which may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase
in unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is
more than 25% of the amount of the particular item or items in
the original proposal.
All "Change Orders " shall be prepared by the City from
information as necessary furnished by the Contractor .
C1-1. 28 PAVED STREETS AND ALLEYS: A paved street or alley
shall be defined as a street or alley having one of the
following types of wearing surfaces applied over the natural
unimproved surface:
1. Any type of asphaltic concrete with or without
separate base material.
2. Any type of. asphalt surface treatment , not
including an oiled surface , with or without
separate base material.
3. Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
C1-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roa way or other surface is any area except those defined
above for "Paved Streets and Alleys. "
C1-1. 30 CITY STREETS: A city street is defined as that area
between the right-of-way lines as the street is dedicated.
C1-1. 31 ROADWAY: The roadway is defined as the area between
parallel lines two ( 2 ' ) feet back of the curb lines or four
( 4 ' ) feet back of the average edge of pavement where no curb
exists.
C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street
to which has been adde d one or more applications of gravel or
similar material other than the natural material found on the
street surface before any improvement was made.
C1-1 (6 )
SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2- 2. 1 PROPOSAL FORM: The Owner will furnish bidders with
proposal form, which will contain an itemized list of the
items of work to be done or materials to be furnished and upon
which bid prices are requested. The Proposal form will state
the Bidder ' s general understanding of the project to be
completed, provide a space for furnishing the amount of bid
security , and state the basis for entering into a formal
contract. The Owner will furnish forms for the Bidder ' s
"Experience Record , " "Equipment Schedule , " and "Financial
Statement, " all of which must be properly executed and filed
with the Director of the City Water Department one week prior
to the hour for opening of bids.
The financial statement required shall have been prepared by
an independent certified public accountant or an independent
public accountant holding a valid permit issued by an
appropriate state licensing agency, and shall have been so
prepared as to reflect the current financial status . This
statement must be current and not more than one ( 1 ) year old.
In the case that a bidding date falls within the time a new
statement is being prepared , the previous statement shall be
updated by proper verification. Liquid assets in the amount
of ten ( 10% ) percent of the estimated project cost will be
required.
For an experience record to be considered to be acceptable for
a given project , it must reflect the experience of the firm
seeking qualification in work of both the same nature and
magnitude as that of the project for which bids are to be
received , and such experience must have been on projects
completed not more than five ( 5 ) years prior to the date on
which are to be received . The Director of the Water
department shall be sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water
Department project.
The prospective bidder shall schedule the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to complete the
project on which he submits a bid.
C2-2 . 2 INTERPRETATION OF QUANTITIES : The quantities of work
and materials to be furnished as may be listed in the proposal
C2-2 (1 )
forms or other parts of the Contract Documents will be
considered as approximate only and will be used for the
purpose of comparing bids on a uniform basis. Payment will be
made to the Contractor for only the actual quantities of work
performed or materials furnished in strict accordance with the
Contract Documents and Plans . The quantities of work to be
performed and materials to be furnished may be increased or
decreased as hereinafter provided , without in any way
invalidating the unit prices bid or any other requirements of
the Contract Documents.
C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with A
the Owner shall constitute all 'of the information which the
Owner will furnish. All additional information and data which
the owner will supply after promulgation of the formal
contract documents shall be issued in the form of written
addenda and shall become part of the Contract Documents just
as though such addenda were actually written into the original
Contract Documents.
Bidders are required, prior to the filing of proposal, to read
and become familiar with the Contract Documents, to visit the
site of the project and examine carefully all local
conditions , to inform themselves by their own independent
research and investigations, tests, boring, and by such other
means as may be necessary to gain a complete knowledge of the
conditions which will be encountered during the construction
of the project . They must judge for themselves the
difficulties of the work and all attending circumstances
affecting the cost of doing the work or the time required for
its completion, and obtain all information required to make an
intelligent proposal. No information given by the Owner or
any representative of the Owner other than that contained in
the Contract Documents and officially promulgated addenda
thereto, shall be binding upon the Owner. Bidders shall rely
exclusively and solely upon their own estimates ,
investigation , research , tests , explorations, and other data
which are necessary for full and complete information upon
which the proposal is to be based. It is mutually agreed that
the submission of a proposal is prima-facie evidence that the
bidder has made the investigations , examinations and tests
herein required. Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicated in the Contract Documents will
not be allowed.
The logs of Soil Borings, if any, showing on the plans are for
general information only and may not be correct . Neither the
C2-2 (2)
Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist.
C2-2. 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his
Proposal on the form furnished by the Owner. All blank spaces
applicable to the project contained in the form shall be
correctly filled in and the Bidder shall state the prices ,
written in ink in both words and numerals , for which he
proposes 'to do the work contemplated or furnishe the materials
required . All such prices shall be written legibly. In case
of discrepancy between the price written in words and the
price written in numerals, the price most advantageous to the
City shall govern.
If a proposal is submitted by an individual, his or her name
must be signed by him (her) or his (her) duly authorized agent.
If a proposal is submitted by a firm, association , or
partnership, the name and address of each member must be
given , and the proposal must be signed by a member of the
firm, association , or partnership , or by a person duly
authorized . If a proposal is submitted by a company or
corporation, the company or corporate name and business
address must be given, and the proposal signed by an official
or duly authorized agent. The corporate seal must be affixed.
Power of Attorney authorizing agents or others to sign
proposal must be properly certified and must be in writing and
submitted with the proposal.
- C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if
they show any alterat on of words or figures , additions not
called for , conditional or uncalled for alternate bids,
incomplete bids, erasures , or irregularities of any kind, or
contain unbalance value of any items . Proposal tendered or
delivered after the official time designated for receipt of
proposal shall be returned to the Bidder unopened.
C2-2 . 6 BID SECURITY: No proposal will be considered unless it
- is accompanied by a "Proposal Security" of the character and
in the amount indicated in the "Notice to Bidders" and the
"Proposal . " The Bid Security is required by the Owner as
evidence of good faith on the part of the Bidder, and by way
of a guaranty that if awarded the contract, the Bidder will
within the required time execute a formal contract and furnish
the required performance and other bonds. The bid security of
the three lowest bidders will be retained until the contract
is awarded or other disposition is made thereof . The bid
security of all other bidders may be returned promptly after
the canvass of bids.
C2-2(3 )
C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered
unless it is delivered , accompanied by its proper Bid
Security , to the City Manager or his representative in the
official place of business as set forth in the "Notice to
Bidders . " It is the Bidder ' s sole responsibility to deliver
the proposal at the proper time to the proper place . The mere
fact that a proposal was dispatched will not be considered.
The Bidder must have the proposal actually delivered. Each
proposal shall be in a sealed envelope plainly marked with the
word "PROPOSAL," and the name or description of the project as
designated in the "Notice to Bidders. " The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with
the City Manager cannot be withdrawn prior to the time set for
opening proposals . A request for non-consideration of a
proposal must be made in writing , addressed to the City
Manager , and filed with him prior to the time set for the
opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been
properly filed may, at the option of the Owner , be returned
unopened.
C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proposal by telegraphic communication at any time
prior to the time set for opening proposals, provided such
telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic communication
over the signature of the bidder was mailed prior to the
proposal opening time. If such confirmation is not received
within forty-eight (48 ) hours after the proposal opening time,
no further consideration will be given to the proposal.
C2-2. 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
properly filed and for which no "Non-consideration Request"
has been received will be publicly opened and read aloud by
the City Manager or his authorized representative at the time
and place indicated in the "Notice to Bidders. " All proposals
which have been opened and read will remain on file with the
Owner until the contract has been awarded. Bidders or their
authorized representatives are invited to be present for the
opening of bids.
C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as
being "Irregular" if they show any omissions , alterations of
form, additions , or conditions not called for , unauthorized
alternate bids, or irregularities of any kind. However , the
C2-2( 4 )
Owner reserves the right to waive any and all irregularities
and to make the award of the contract to the best interest of
the City. Tendering a proposal after the closing hour is an
irregularity which cannot be waived.
C2 - 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be
disqualified and their proposals not considered for any of ,
but not limited to, the following reason:
a. Reasons for believing that collusion exists among
bidders.
b. Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
contemplated.
C. The bidder being interested in any litigation
against the Owner or where the Owner may have a
claim against or be engaged in litigation against
the bidder.
d. The bidder being in arrears on any existing contract
or having defaulted on a previous contract.
e. The bidder having performed a prior contract in an
unsatisfactory manner.
f . Lack of competency as revealed by the financial
statement, experience record, equipment schedule ,
and such inquiries as the Owner may see fit to make.
g . Uncompleted work which , in the judgment of the
Owner, will prevent or hinder the prompt completion
of additional work if awarded.
h . The bidder not filing with the Owner , one week in
advance of the hour of the opening of proposals the
following:
1. Financial Statement showing the financial
condition of the bidder as specified in Part
"A" - Special Instructions.
2. A current experience record showing especially
the projects of a nature similar to the one
under consideration , which have been
successfully completed by the Bidder.
3 . An equipment schedule showing the equipment
the bidder has available for use on the
project.
The Bid Proposal of a bidder who, in the judgment of the
Engineer , is disqualified under the requirements stated
herein, shall be set aside and not opened.
C2-2(5 )
PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the proposals will be tabulated on the
basis of the quoted prices , the quantities shown in the
proposal , and the application of such formulas or other
methods of bringing items to a common basis as may be
established in the Contract Documents.
The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may enter into the cost
of the completed project will be considered as the amount of
the bid.
s Until the award of the contract is made by the Owner, the
right will be reserved to reject any or all proposals and
waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as maybe considered for
the best interest of the Owner.
C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner,
upon request , complete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE)
and or a a Woman-owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees,
upon request by Owner , to allow and audit and/or an
examination of any books, records, or files in the possession
of Contractor that will substantiate the actual work performed
by the MBE or WBE. Any material misrepresentation of any
nature will be grounds for termination of the contract and for
initiating any action under appropriate federal , state or
local laws and ordinances relating to false statements;
further , any such misrepresentation may be grounds for
disqualification of Contractor at Owner ' s discretion for
bidding on future Contracts with the Owner for a period of
time of not less than six (6 ) months.
C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall
comply with Current City Ordinance prohibiting discrimination
in employment practices.
C3-3 (1)
The Contractor shall post the required notice to that effect
on the project site , and, at his request , will be provided
assistance by the City of Fort Worth ' s Equal Employment
Officer who will refer any qualified applicant he may have on
file in his office to the Contractor. Appropriate notices may
be acquired from the Equal Employment Officer.
C3-3 . 4 WITHDRAWAL OF PROPOSALS: After a proposal has been
read by the Owner it cannot be withdrawn by the Bidder within
forty-five ( 45 ) days after the date on which the proposals
were opened.
C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to
withholdfinal action on the proposals for a reasonable time ,
not to exceed forty-five ( 45 ) days after the date of opening
proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the
proposed awardee.
The award of the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the
Owner has notified the Contractor in writing of such award..
C3-3 . 6 RETURN OF PROPOSAL SECURITIES : As soon as proposed
price totals have been determined for comparison of bids , the
Owner may, at its discretion, return the proposal security
which accompanied the proposals which , in its judgment, would
not be considered for the award . All other proposal
securities , usually those of the three lowest bidders , will be
retained by the Owner until the required contract has been
executed and bond furnished or the Owner has otherwise
disposed of the bids, after which they will be returned by the
City Secretary.
C3-3 . 7 BONDS : With the execution and delivery of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the amounts herein required, the following bonds:
a. PERFORMANCE BOND : A good and sufficient
performance bond in an amount not less than 100
percent of the amount of the contract, as evidenced
by the proposal tabulation or otherwise , 0
guaranteeing the full and faithful execution of the
work and performance of the contract, and for the
protection of the Owner and all other persons
against damage by reason of negligence of the
Contractor, or improper execution of the work or
the use of inferior materials . This performance
C3-3 (2)
bond shall guarantee the payment for all labor,
materials , equipment, supplies , and services used
in the construction of the work, and shall remain
in full force and effect until provisions as above
stipulated are accomplished and final payment is
made on the project by the City.
b. MAINTENANCE BOND : A good and sufficient
maintenance bond, in the amount of not less than
100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise,
guaranteeing the prompt , full and faithful
performance of the general guaranty which is set
forth in paragraph C8-8. 10.
C. PAYMENT BOND: A good and sufficient payment bond,
in an amount not less than 100 percent of the
amount of the contract , as evidenced by the
proposal tabulation or otherwise , guaranteeing the
prompt, full and faithful payment of all claimants
as defined in Article 5160, Revised Civil Statutes
of Texas , 1925 , as amended by House Bill 344 Acts
56th Legislature, Regular Session , 1959 , effective
April 27 , 1959 , and/or the latest version thereof,
supplying labor and materials in the prosecution of
the work provided for in the contract being
constructed under these specifications . Payment
Bond shall remain in force until all payments as
above stipulated are made.
d. OTHER BONDS : Such other bonds as may be required
by these Contract Documents shall be furnished by
the Contractor.
No sureties will be accepted by the Owner which are at the
time in default or delinquent on any bonds or which are
interested in any litigation against the owner. All bonds
shall be made on the forms furnished by the owner and shall be
executed by an approved surety company doing business in the
City of Fort Worth, Texas, and which is acceptable to the
owner . In order to be acceptable, the name of the surety
shall be included on the current U . S . Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
executed by both the Contractor and Surety Company.
Should any surety on the contract be determined unsatisfactory
at any time by the Owner, notice will be given the Contractor
to that effect and the Contractor shall immediately provide a
C3-3 (3 )
I
new surety satisfactory to the Owner. No payment will be made
under the contract until the new surety or sureties , as
required, have qualified and have been accepted by the Owner.
The contract shall not be operative nor will any payments be
due or paid until approval of the bonds by the Owner.
C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10 ) days after the
Owner has by appropriate resolution, or otherwise, awarded the
contract., the Contractor shall execute and file with the Owner
the Contract and such bonds as may be required in the Contract .
Documents.
No contract shall be binding upon the owner until it has been
attested by the City Secretary , approved as to form and
legality by the City Attorney, and executed for the Owner by
either the Mayor or City Manager.
C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the
Awardee to execute the required bond or bonds or to sign the
required contract within ten (10 ) days after the contract is
awarded shall be considered by the Owner as an abandonment of
his proposal, and the Owner may annul the Award. By reason of
the uncertainty of the market prices of material and labor ,
and it being impracticable and difficult to accurately T
determine the amount of damages occuring to the Owner by
reason of said awardee' s failure to execute said bonds and
contract within ten ( 10 ) days , the proposal security
accompanying the proposal shall be the agreed amount of
damages which Owner will suffer by reason of such failure on
the part of the Awardee and shall thereupon immediately be
forfeited to the Owner.
The filing of a proposal will be considered as an acceptance
of this provision by the Bidder.
C3-3 . 10 BEGINNING WORK: The Contractor shall not commence
work until authorized in writing to do so by the Owner .
Should the Contractor fail to commence work at the site of the
project within the time stipulated in the written
authorization usually termed the "Work Order" or "Proceed
Order" , it is agreed that the Surety Company will , within ten
( 10-) days after the commencement date set forth in such
written authorization, commence the physical execution of the
contract.
C3-3. 11 INSURANCE: The Contractor shall not commence work
under this contract until he has obtained all the insurance
required under the Contract Documents, and such insurance has
been approved by the Owner. The prime Contractor shall be
responsible for delivering to the Owner the sub-contractors '
C3-3 (9 )
certificate of insurance for approval . The prime contractor
shall indicate on the certificate of insurance included in the
documents for execution whether or not his insurance covers
sub-contractors . It is the intention of the Owner that the
insurance coverage required herein shall include the coverage
of all sub-contractors .
a. COMPENSATION INSURANCE : The Contractor shall
maintain , during the life of this contract ,
Workers ' Compensation Insurance on all of his
employees to be engaged in work on the project
under this contract, and for all sub-contractors .
In case any class of employees engaged in hazardous
work on the project under this contract is not
protected under the Workers ' Compensation Statute ,
the Contractor shall provide adequate employer ' s
general liability insurance for the protection of
such of his employees not so protected.
b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during
the life 'of this contract Contractor ' s
Comprehensive General Liability Insurance ( Public
Liability and Property Damage Insurance) in an
amount not less than $ 500 , 000 covering each
- occurrence on account of bodily injury, including
death , and in an amount not less than $ 500 , 000
covering each occurrence on account of property
damage with $2 , 000,000 umbrella policy coverage.
C. ADDITIONAL LIABILITY: The Contractor shall
furnish insurance as separate policies or by
additional endorsement to one of the
above-mentioned policies, and in the amount as set
forth for public liability and property damage, the
following insurance:
1. Contingent Liability ( covers General
Contractor ' s Liability for acts of
sub-contractors) .
3 2. Blasting, prior to any blasting being done.
3. Collapse of buildings or structures adjacent
to excavation ( if excavations are to be
performed adjacent to same) .
4. Damage to underground utilities for $500, 000 .
C3-3 (5 )
5. Builder 's risk (where above-ground structures
are involved) .
6 . Contractual Liability ( covers all
indemnification requirements of Contract) .
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain,
during the life of this Contract, Comprehensive
Automobile Liability insurance in an amount not
less than $ 250 , 000 for injuries including
accidental death to any one person and subject to
the same limit for each person an amount not less
than $500 , 000 on account of one accident , and
automobile property damage insurance in an amount
not less than $100 ,000 .
e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The
insurance required un er the above paragraphs shall
provide adequate protection for the Contractor and
his sub-contractors , respectively, against damage
claims which may arise from operations under this
contract, whether such operations be by the insured
or by anyone directly or indirectly employed by
him, and also against any of the following special
hazards which may be encountered in the performance
of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor
shall furnish the Owner with satisfactory proof of
coverage by insurance required in these Contract
Documents in amounts and by carriers satisfactory
to the Owner . ( Sample attached. ) All insurance
requirements made upon the Contractor shall apply
to the sub- contractor , should the Prime
Contractor ' s insurance not cover the
sub-contractor's work operations.
g. LOCAL AGENT FOR INSURANCE AND BONDING : The
insurance and bonding companies with whom the
Contractor ' s insurance and performance , payment,
maintenance and all such other bonds are written
shall be represented by an agent or agents having
an office located within the city limits of the
C3-3 ( 6 )
City of Fort Worth, Tarrant County, Texas . Each
such agent shall be a duly qualified, one upon whom
service of process may be had , and must have
authority and power to act on behalf of the
insurance and/or bonding company to negotiate and
settle with the City of Fort Worth, or any other
claimant, any claims that the City of Fort Worth or
other claimant or any property owner who has been
damaged , may have against the Contractor ,
insurance , and/or bonding company. If the local
insurance representative is not so empowered by the
insurance or bonding companies, then such authority
must be vested in a local agent or claims officer
residing in the Metroplex, the Fort Worth-Dallas
area. The name of the agent or agents shall be set
forth on all of such bonds and certificates of
insurance.
C3-3 . 12 CONTRACTOR' S OBLIGATIONS : Under the Contract, the
Contractor shall pay for all materials , labor and services
when due.
C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll
covering payment of wages to all person engaged in work on the
project at the site of the project shall be furnished to the
Owner 's representative within seven ( 7 ) days after the close
of each payroll period. A copy or copies of the applicable
minimum wage rates as set forth in the Contract Documents
shall be kept posted in a conspicuous place at the site of the
project at all times during the course of the Contract .
Copies of the wage rates will be furnished the Contractor, by
the Owner; however, posting and protection of the wage rates
shall be the responsibility of the Contractor.
C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a person , persons , partnership , company , firm ,
association , corporation or other who is approved to do
business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will
have or shall establish a fully operational business office
within the Fort Worth-Dallas metropolitan area . The
Contractor shall charge, delegate, or assign this office (or
he may delegate his Project Superintendent ) with full
authority to transact all business actions required in the
performance of the Contract. This local authority shall be
made responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be
administrative or otherwise and as such shall be empowered,
thus delegated and directed, to settle all material, labor or
other expenditures, all claims against the work or any other
C3-3 ( 7 )
matter associated such as maintaining adequate and appropriate
insurance or security coverage for the project . Such local
authority for administration of the work under the Contract
shall be maintained until all business transactions executed
as part of the Contract are complete.
Should the Contractor ' s principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification
of the Contractor ' s assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project, all appropriately signed and sealed, as applicable,
by the Contractor ' s responsible officers with the
understanding that this written assignment of authority to a
local representative shall become part of the project Contract
as though bound directly into the project documents . The
intent of these requirements is that all matters associated
with the Contractor ' s administration , whether it be oriented
in furthering the work, or other, be governed direct by local
authority . This same requirement is imposed on insurance and
surety coverage. Should the Contractor's local representative
fail to perform to the satisfaction of Engineer, the Engineer,
at his sole discretion , may demand that such local
representative be replaced and the Engineer may, at his sole
discretion , stop all work until a new local authority
satisfactory to the Engineer is assigned. No credit of
working time will be for periods in which work stoppages are
in effect for this reason.
C3-3 . 15 VENUE ; Venue of any action hereinunder shall be
exclusively in Tarrant County, Texas.
C3-3 (S)
PART C - GENERAL CONDITIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF WORK
C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite
intention of these Contract Documents to provide for a
complete, useful project which the Contractor undertakes to
construct or furnish , all in full compliance with the
requirements and intent of the Contract Documents . It is
definitely understood that the Contractor shall do all work as
provided for in the Contract Documents, shall do all extra or
special work as may be considered by the Owner as necessary to
complete the project in a satisfactory and acceptable manner.
The Contractor shall, unless otherwise specifically stated in
these Contract Documents, furnish all labor, tools, materials,
machinery, equipment , special services , and incidentals
necessary to the prosecution and completion of the project.
C4-4 . 2 SPECIAL PROVISIONS : Should any work or conditions
which are not thoroughly and satisfactorily stipulated or
covered by General or Special Conditions of these Contract
Documents be anticipated, or should there be any additional
proposed work which is not covered by these Contract
Documents, then "Special Provisions" covering all such work
will be prepared by the Owner previous to the time of
receiving bids or proposals for such work and furnished to the
Bidder in the form of Addenda. All such "Special Provisions"
shall be considered to be a part of the Contract Documents
.- just as though they were originally written therein.
C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves
the right to alter the quantities of the work to be performed
or to extend or shorten the improvements at any time when and
as found to be necessary, and the Contractor shall perform the
work as altered, increased or decreased at the unit prices.
Such increased or decreased quantity shall not be more than 25
percent of the contemplated quantity of such item or items.
When such changes increase or decrease the original quantity
of any item or items of work to be done or materials to be
furnished by the 25 percent or more, then either party to the
contract shall upon written request to the other party be
entitled to a revised consideration upon that portion of the
work above or below the 25 percent of the original quantity
stated in the proposal; such revised consideration to be
determined by special agreement or as hereinafter provided for
"Extra Work . " No allowance will be made for any changes in
anticipated profits nor shall such changes be considered as
C4-4 (1 )
waiving or invalidating any conditions or provisions of the
Contract Documents.
Variations in quantities of sanitary sewer pipes in depth
categories, shall be interpreted herein as applying to the
overall quantities or sanitary sewer pipe in each pipe size,
but not to the various depth categories.
C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such changes in the Contract
Documents and in the character or quantities of the work as
may be necessary or desirable to insure completion in the most
satisfactory manner , provided such changes do not materially
alter the original Contract Documents or change the general
nature of the project as a whole. Such changes shall not be
considered as waiving or invalidating any condition or
provision of the Contract Documents.
C4-4 . 5 EXTRA WORK: Additional work made necessary by changes
and alterations o Tthe Contract Documents or of quantities or
for other reasons for "which no prices are provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with these
Contract Documents or approved additions thereto; provided,
however, that before any extra work is begun a "Change Order"
shall be executed or written order issued by the Owner to do
the work for payments or credits as shall be determined by one
or more combination of the following methods:
a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of ( 1) labor, ( 2 ) rental
of equipment used on the extra work for the time so
used at Associated General Contractors of America
current equipment rental rates ; ( 3 ) materials
entering permanently into the project, and ( 4 )
actual cost of insurance , bonds , and social
security as determined by the Owner , plus a fixed
fee to be agreed upon but not to exceed 10% of the
actual cost of such extra work. The fixed fee is
not to include any additional profit to the
Contractor for rental of equipment owned by him and
used for the extra work. The fee shall be full and
complete compensation to cover the cost of
superintendence, overhead, other profit, general
and all other expense not included in ( 1 ) , ( 2 ) ,
( 3 ) , and ( 4 ) above. The Contractor shall keep
accurate cost records on the form and in the method
"
C4-4 ( 2 )
suggested by the Owner and shall give the Owner
access to all accounts , bills , vouchers , and
records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work of any kind will be allowed unless
ordered in writing by the Owner . In case any orders or
instructions , either oral or written, appear to the Contractor
to involve Extra Work for which he should receive
compensation , he shall make written request to the Engineer
for written orders authorizing such Extra Work , prior to
beginning such work.
Should a difference arise as to what does or does not
constitute Extra Work, or as to the payment thereof , and the
Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written
orders and shall keep an accurate account of the actual
reasonable cost thereof as provided under method ( Item C ) .
Claims for extra work will not be paid unless the Contractor
shall file his claim with the Owner within five ( 5 ) days
before the time for making the first estimate after such work
is done and unless the claim is supported by satisfactory
vouchers and certified payrolls covering all labor and
materials expended upon the said Extra Work.
The Contractor shall furnish the Owner such installation
records of all deviations from the original Contract Documents
as may be necessary to enable the Owner to prepare for
permanent record a corrected set of plans showing the actual
installation.
The compensation agreed upon for ' extra work' whether or not
iniitiated 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 or the change or extra work.
C4-4 . 6 SCHEDULE OF OPERATIONS: Before commencing any work
under this contract, the Contractor shall submit to the Owner
and receive the Owner ' s approval thereof , a "Schedule of
Operations , " showing by a straight line method the date of
commencing and finishing each of the major elements of the
contract . There shall be also shown the estimated monthly
cost of work for which estimates are to be expected. There
C4-4 (3)
shall be presented also a composite graph showing the
anticipated progress of construction with the time being
plotted horizontally and the percentage of completion plotted
vertically. The progress charts shall be prepared on 8-1/2" x
11" sheets and at least five black or blue line prints shall
be furnished to the Owner.
C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND- SEWER PLANT
FACILITIES: Within ten ( 10 ) days prior to submission of
first monthly progress payment , the Contractor shall
prepare and submit to the Owner for approval six copies of
the schedule in which the Contractor proposes to carry on
the work, the date of which he will start the several major
activities ( including procurement of materials, plans, and
equipment) and the contemplated dates for completing the
same. The schedule shall be in the form of a time schedule
Critical Path Method (CPM) network diagram. As the work
progresses, the Contractor shall enter on the diagram the
actual progress at the end of each partial payment period
or at such intervals as directed by the Engineer . The
Contractor shall also revise the schedule to reflect any
adjustments in contract time approved by the Engineer .
Three copies of the updated schedule shall be delivered at
such intervals as directed by the Owner.
As a minimum, the construction schedule shall incorporate
all work elements and activities indicated in the proposal `
and in the technical specifications.
Prior to the final drafting of the detailed construction �.
schedule , the Contractor shall review the draft schedule
with the Engineer to ensure the Contractor ' s understanding
of the contract requirements .
The following guidelines shall be adhered to in preparing
the construction schedule:
a. Milestone dates and final project completion
dates shall be developed to conform to time
constraints , sequencing requirements and
completion time.
b. The construction process shall be divided into
activities with time durations of approximately
fourteen (14 ) days and construction values not to
exceed $ 50 , 000 . Fabrication , delivery and
submittal activities are exceptions to this
guideline.
C4-4 ( 4 )
C. Durations shall be in calendar days and normal
holidays and weather conditions over the duration
of the contract shall be accounted for within the
duration of each activity.
d. One critical path shall be shown on the
construction schedule.
e. Float time is defined as the amount of time
between the earliest start date and the latest
start date of a chain of activities of the CPM
construction schedule. Float time is not for the
exclusive use or benefit of either the Contractor
or the Owner.
f. Thirty days shall be used for submittal review
unless otherwise specified.
The construction schedule shall as a minimum be divided
into general categories as indicated in the Proposal and
Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve
activities of approximately fourteen (14 ) days duration.
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
this Section.
For each of the trades or subcontracts , the construction
schedule shall indicate the following procurements ,
construction and preacceptance activities and events in
their logical sequence for equipment and materials.
1. Preparation and transmittal of submittals.
2. Submittal review periods.
3 . Shop fabrication and delivery.
4. Erection or installation.
5. Transmittal of manufacturer ' s operation and
maintenance instructions.
6. Installed equipment and materials testing.
7. Owner' s operator instruction (if applicable) .
8 . Final inspection.
C4-4 (5 )
9 . Operational testing .
10. Final inspection .
If , in the opinion of the Owner , work accomplished falls
behind that scheduled , the Contractor shall take such
action as necessary to improve his progress. In addition,
the Owner may require the Contractor to submit a revised
schedule demonstrating his program and proposed plan to
make up lag in scheduled progress and to insure completion
of the work within the contract time. If the Owner finds
the proposed plan not acceptable , he may require the
Contractor to increase the work force, the construction
plant and equipment , the number of work shifts or the
overtime operations without additional cost to the Owner.
Failure of the Contractor to comply with these requirements
shall be considered grounds for determination by the Owner
that the Contractor is failing to prosecute the work with
such diligence as will insure its completion within the
time specified.
C4-4 (5)
PART C - GENERAL CONDITIONS
C5-5 CONTROL OF WORK AND
MATERIALS
rt
SECTION C5-5 CONTROL OF WORK AND MATERIALS
C5-5 . 1 AUTHORITY .OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents. He shall decide all questions which
arise as to the quality and acceptability of materials
furnished , work performed, rate of progress of the work,
overall sequence of the construction,' interpretation of the
Contract Documents , acceptable fulfillment of the contract,
compensation, mutual rights between Contractor and Owner under
these Contract Documents, supervision of the work, resumption
of operations, and all other questions or disputes which may
arise . Engineer will not be responsible for Contractor ' s
means , methods , techniques , sequences or procedures of
construction , or the safety precaution and programs incident
thereto, and he will not be responsible for Contractor ' s
failure to perform the work in accordance with the contract
documents.
He shall determine the amount and quality of the work
completed and materials furnished , and his decisions and
estimates shall be final . His estimates in such event shall
be a condition to the right of the Contractor to receive money
due him under the Contract . The Owner shall have executive
authority to enforce and make effective such necessary
decisions and orders as the Contractor fails to carry out
promptly.
In the event of any dispute between the Engineer and
Contractor over the decision of the Engineer on any such
matters, the Engineer must, within a reasonable time , upon
written request of the Contractor, render and deliver to both
the Owner and Contractor , a written decision on the matter in
controversy.
C5-5 . 2 CONFORMITY WITH PLANS: The finished project in all
cases shall conform with lines , grades , cross-sections ,
finish , and dimensions shown on the plans or any other
requirements otherwise described in the Contract Documents .
Any deviation from the approved Contract Documents required by
the Engineer during construction will in all cases be
determined by the Engineer and authorized by the Owner by
Change Order.
C5-5 (1)
t
C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents are made up of several sections , which , taken
together , are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of
the sections is as binding as though it occurred in all
sections. In case of discrepancies , figured dimension shall
govern over scaled dimensions , plans shall govern over
specifications, special conditions shall govern over general
conditions and standard specifications, and quantities shown
on the plans shall govern over those shown in the proposal .
The Contractor shall not take advantage of any apparent error
or omission in the Contract Documents , and the Owner shall be
permitted to make such corrections or interpretations as may
be deemed necessary for the fulfillment of the intent of the
Contract Documents . In the event the Contractor discovers an
apparent error or discrepancy, he shall immediately call this
condition to the attention of the Engineer. In the event of a
conflict in the drawings, specifications, or other portions of
the Contract Documents which were not reported prior to the
award of Contract , the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be
furnished with three sets of the Contract Documents and shall
have available on the site of the project at all times one set
of such Contract Documents.
The Contract shall give to the work the constant attention
necessary to facilitate the progress thereof and shall
cooperate with the Engineer , his inspector , and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times
at the site of the project a competent , English-speaking
superintendent and an assistant who are fully authorized to
act as the Contractor ' s agent on the work . Such
superintendent and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill instructions from the Owner, the Engineer, or his
authorized representatives . Pursuant to this responsibility
of the Contractor, the Contractor shall designate in writing
to the project superintendent, to act as the Contractor ' s
agent on the work. Such assistant project superintendent
shall be a resident of Tarrant County, Texas and shall be
subject to call, as is the project Superintendent, at any time
of the day or night on any day of the week on which the
Engineer determines that circumstances require the presence on
the project site of a representative of the Contractor to
C5-5 (2)
adequately provide for the safety or convenience of the
traveling public or the owners of property across which the
project extends or the safety of property contiguous to the
project routing.
The Contractor shall provide all facilities to enable the
Engineer and his inspector to examine and inspect the
workmanship and materials entering into the work.
C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the
opinion of the Owner or Engineer , a condition of emergency
exists related to any part of the work, the Contractor, or the
Contractor through his designated representative , shall
respond with dispatch to a verbal request made by the Owner or
Engineer to alleviate the emergency condition . Such a
response shall occur day or night, whether the project is
scheduled on a calendar-day or on a working-day basis.
Should the Contractor fail to respond to a request from the
Engineer to rectify any discrepancies , omissions , or
corrections necessary -to conform with the requirements of the
project specifications or plans, the Engineer 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 then deduct an amount equal to the entire costs for such
remedial action, plus 258 , from any funds due the Contractor
on the project.
C5-5 . 6 FIELD OFFICE: The Contractor shall provide , at no
extra compensation , an adequate field office for use of the
Engineer , if specifically called for. The field office shall
be not less than 10 by 14 feet in floor area , substantially
constructed , well heated , air conditioned , lighted, and
weather-proof , so that documents will not be damaged by the
elements.
C5-5 . 7 CONSTRUCTION STARES: The City, through its Engineer,
will furnish the Contractor with all lines , grades , and
measurements necessary to the proper prosecution and control
of the work contracted for under these Contract Documents , and
lines , grades and measurements will be established by means of
stakes or other customary method of marking as may be found
consistent with good practice.
C5-5 (3 )
These stakes or markings shall be set sufficiently in advance
of construction operations to avoid delay . Such stakes or
markings as may be established for the Contractor ' s use or
guidance shall be preserved by the Contractor until he is
authorized by the Engineer to remove them. Whenever, in the
opinion of the Engineer , any stakes or markings have been
carelessly or willfully destroyed, disturbed, or removed by
the Contractor or any of his employees , the full cost of
replacing such stakes or marks plus 25% will be charged
against the Contractor, and the full amount will be deducted
from payment due the Contractor.
C5- 5 . 8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City
Inspectors will be authorized to inspect all work done and to
be done and all materials furnished. Such inspection may
extend to all or any part of the work, and the preparation or
manufacturing of the materials to be used or equipment to be
installed. A City Inspector may be stationed on the work to
report to the Engineer as to the progress of the work and the
manner in which it is being performed, to report any evidence
that the materials being furnished or the work being performed
by the Contractor fails to fulfill the requirements of the
Contract Documents , and to call the attention of the
Contractor to any such failure or other infringements . Such
inspection or lack of inspection will not relieve the
Contractor from any obligation to perform the work in
accordance with the requirements of the Contract Documents.
In case of any dispute arising between the Contractor and the
City Inspector as to the materials or equipment furnished or
the manner of performing the work, the City Inspector will
have authority to reject materials or equipment to suspend
work until the question at issue can be referred to and be
decided by the Engineer . The City Inspector will not ,
however, be authorized to revoke, alter , enlarge, or release
any requirement of these Contract Documents, nor to approve or
accept any portion or section of the work, nor to issue any
instructions contrary to the requirements of the Contract
Documents . He will in no case act as superintendent or
foreman or perform any other duties for the Contractor , or
interfere with the management or operation of the work. He
will not accept from the Contractor any compensation in any
form for performing any duties . The Contractor shall regard
and obey the directions and instructions of the City Inspector
or Engineer when the same are consistent with the obligations
of the Contract Documents , provided, however, should the
Contractor object to any orders or instructions of the City
Inspector, the Contractor may within six days make written
appeal to the Engineer for his decision on the matter in
controversy.
C5-5 (4 )
C5-5 . 9 INSPECTION: The Contractor shall furnish the Engineer
with every reasonable facility for ascertaining whether or not
the work as performed is in accordance with the requirements
of the Contract Documents . If the Engineer so requests , the
Contractor shall , at any time before acceptance of the work,
remove or uncover such portion of the finished work as may be
directed. After examination, the Contractor shall restore
said portions of the work to the standard required by the
Contract -Documents.
Should the work exposed or examined prove acceptable, the
uncovering or removing and replacing of the covering or making
good of the parts removed shall be paid for as extra work, but
should be work so exposed or examined prove to be
unacceptable, the uncovering or removing and the replacing of
all adjacent defective or damaged parts shall be at the
Contractor ' s expense. No work shall be done or materials used
without suitable supervision or inspection.
C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
materials , or equipment which has been rejected shall be
remedied or removed and replaced in an acceptable manner by
the Contractor at his own expense. Work done beyond the lines
and grades given or as shown on the plans , except as herein
specifically provided, or any Extra Work done without written
authority, will be considered as unauthorized and done at the
expense of the Contractor and will not be paid for by the
Owner . Work so done may be ordered removed at the
Contractor ' s expense. Upon the failure on the part of the
Contractor to comply with any order of the Engineer made under
the provisions of this paragraph, the Engineer will have the
authority to cause defective work to be remedied or removed
and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due to
the Contractor . Failure to require the removal of any
defective or unauthorized work shall not constitute acceptance
of such works.
r
C5 - 5 . 11 SUBSTITUTE MATERIALS OR EQUIPMENT : If the
Specifications, law, ordinance , codes or regulations permit
Contractor to furnish or use a substitute that is equal to any
material or equipment specified , and if Contractor wishes to
furnish or use a proposed substitute , he shall, prior to the
preconstruction conference , make written application to
ENGINEER for approval of Such substitute certifying in writing
that the proposed substitute will perform adequately the
functions called for by the general design, be similar and of
equal substance to that specified and be suited to the same
use and capable of performing the same function as that
specified; and identifying all variations of the proposed
C5-5 (5 )
substitute from that specified and indicating available
maintenance service . No substitute shall be ordered or
installed without the written approval of Engineer who will be
the judge of the equality and may require Contractor to
furnish such other data about the proposed substitute as he
considers pertinent . No substitute shall be ordered or
installed without such performance guarantee and bonds as
Owner may require which shall be furnished at Contractor ' s
expense. Contractor shall indemnify and hold harmless Owner
and Engineer and anyone directly or indirectly employed by
either of them from and against the claims , damages, losses
and expenses (including attorneys fees) arising out of the use
of substituted materials or equipment.
C5-5 . 12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion
of the Engineer, or as called for in the Contract Documents ,
tests of materials or equipment are necessary, such tests will
be made at the expense of and paid for direct to the testing
agency by the Owner unless otherwise specifically provided.
The failure of the Owner. to make any tests of materials shall
be in no way relieve the Contractor of his responsibility of
furnishing materials and equipment fully conforming to the
requirements of the Contract Documents. Tests and sampling of -
materials , unless otherwise specified , will be made in
accordance with the latest methods prescribed by the American
Society for Testing Materials or specific requirements of the
Owner. The Contractor shall provide such facilities as the
Engineer may require for collecting and forwarding samples and
shall not , without specific written permission of the
Engineer, use the materials represented by the samples until
tests have been made and the materials approved for use. The
Contractor will furnish adequate samples without charge to the
Owner.
In case of concrete , the aggregates, design minimum, and the
mixing and transporting equipment shall be approved by the
Engineer before any concrete is placed, and the Contactor
shall be responsible for replacing any concrete which does not
meet the requirements of the Contract Documents. Tests shall
be made at least 9 days prior to the placing of concrete ,
using samples from the same aggregate, cement, and mortar
which are to be used later in the concrete . Should the source
of supply change, new tests shall be made prior to the use of
the new materials.
C5-5.13 STORAGE OF MATERIALS: All materials which are to be
used in the construction operation shall be stored so as to
insure the preservation of the quality and fitness of the work.
When directed by the Engineer, they shall be placed on wooden
platforms or other hard, clean durable surfaces and not on the
C5-5 (6 )
ground, and shall be placed under cover when directed. Stored
materials shall be placed and located so as to facilitate
prompt inspection.
C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and
dimensions shown on the Plans relative to existing utilities
are based on the best information available. Omission from, or
W the inclusion of utility locations on the Plans is not to be
considered as the nonexistence of, or a definite location of,
existing underground utilities . The location of many gas
mains , water mains, conduits , sewer lines and service lines
for all utilities , etc . , is unknown to the Owner , and the
Owner assumes no responsibility for failure to show any or all
such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure
will not be considered sufficient basis for claims for
additional compensation for Extra Work or for increasing the
pay quantities in any manner whatsoever, unless an obstruction
encountered is such as to necessitate changes in the lines and
grades of considerable magnitude or requires the building of
special works, provision for which is not made in the Contract
Documents , in which case the provision in these Contract
Documents for Extra Work shall apply.
- It shall be the Contractors responsibility to verify locations
of adjacent and/or conflicting utilities sufficiently in
advance of construction in order that he may negotiate such
local adjustments as necessary in the construction process to
provide adequate clearances . The Contractor shall take all
necessary precautions in order to protect all existing
utilities , structures and service lines . Verification of
existing utilities, structures and service lines shall include
notification of all utility companies at least forty eight
(48 ) hours in advance of construction including exploratory
excavation if necessary . All verification of existing
utilities and their adjustment shall be considered as
subsidiary work.
C5-5.15 INTERRUPTION OF SERVICE:
a. Normal Prosecution: In the normal prosectuion of
work where the interruption of service is necessary,
the Contractor , at least 24 hours in advance, shall
be required to:
1. Notify the Water Department ' s Distribution
Division as to location, time, and schedule of
service interruption.
C5-5 (7 )
2. Notify each customer personally through
responsible personnel as to time and schedule
of the interruption of their service, or
3. In the event that personal notification of a
customer cannot be made, a prepared tag form
shall be attached to the customer ' s entrance
door knob . The tag shall be durable in
composition, and in large bold type shall say:
"NOTICE"
Due to Utility Improvement in
your neighborhood, your (water)
(sewer) service will be inter-
rupted on between
the hours of and
This inconvenience will be as
short as possible.
Thank you,
Contractor
Address Phone
b. Emergency : In the event that an unforeseen service
interruption occurs , notice shall be as above , but
immediate.
C5-5 . 16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through
acts or neglect on the part of the Contractor , any other
Contractor or any sub-contractor shall suffer loss or damage
on the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If
such other Contractor or sub-contractor shall assert any claim
against the Owner on account of any damage alleged to have
been sustained, the Owner will notify the Contractor , who
shall indemnify and save harmless the Owner against any such
claim.
C5-5 . 17 CLEAN-UP: Clean--up of surplus and/or waste materials
accumulated on the job site during the prosecution of the work
under these Contract Documents shall be accomplished in
keeping with a daily routine established to the the
satisfaction of the Engineer . Twenty-fours fours after
written notice is given to the Contractor that the clean-up on
the job site is proceeding in a manner unsatisfactory to the
Engineer , if the Contractor fails to correct the
C5-5 (8)
unsatisfactory procedure, the City may take such direct action
as the Engineer deems appropriate to correct the clean-up
deficiencies cited to the Contractor in the written notice,
and the costs of such direct action , plus 25% of such costs ,
- shall be deducted from monies due or to become due to the
Contractor.
Upon the completion of the project as a whole as covered by
these Contract Documents , and before final acceptance and
final payment will be made, the Contractor shall clean and
remove from the site of the project all surplus and discarded
materials , temporary structures, and debris of every kind. He
shall leave the site of all work in a neat and orderly
condition equal to that which originally existed. Surplus and
waste materials removed from the site of the work shall be
disposed of at locations satisfactory to the Engineer. The
Contractor shall thoroughly clean all equipment and materials
installed by him and shall deliver over such materials and
equipment in a bright , clean , polished and new appearing
condition . No extra compensation will be made to the
Contractor for any clean-up required on the project.
C5-5. 18 FINAL INSPECTION: Whenever the work provided for in
and contemplated under the Contract Documents has been
- satisfactorily completed and final cleanup performed, the
Engineer will notify the proper officials of the Owner and
request that the Final inspection be made . Such inspection
will be made within 10 days after such notification . After
such final inspection, if the work and materials and equipment
are found satisfactory, the Contractor will be notified in
writing of the acceptance of the same after the proper
resolution has been passed by the City Council . No time
charge will be made against the Contractor between said date
of notification of the Engineer and the date of final
- inspection of the work.
C5-5 (9 )
PART C - GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times
- observe and comply with all Federal and State Laws and City
ordinances and regulations which in any way affect the conduct
of the work or his operations , and shall observe and comply
with all orders, laws , ordinances and regulations which exist
or which may be enacted later by bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or
ignorance thereof will be considered. The Contractor and his
Sureties shall indemnify and save harmless the City and all of
its officers , agents, and employees against any and all claims
or liability arising from or based on the violation of any
such law, ordinance, regulation, or order , whether it be by
himself or his employees.
C6-6 . 2 'PERMITS AND LICENSES: The Contractor shall procure all
permits and licenses, pay all charges , costs and fees , and
give all notices necessary and incident to the due and lawful
prosecution of the work.
C6-6 . 3 PATENTED DEVICES , MATERIALS AND PROCESSES: If the
Contractor is required or desires to use any design, device,
material, or process covered by letter, patent, or copyright,
he shall provide for such use by suitable legal agreement with
the patentee or owner of such patent , letter, or copyrighted
design . It is mutually agreed and understood that without
exception the contract prices shall include all royalties or
cost arising from patents, trade-marks, and copy rights in any
way involved in the work . The Contractor and his sureties
shall indemnify and save harmless the Owner from any and all
claims for infringement by reason of the use of any such
patented design , device , material or process , or any
trade-mark or copy right in connection with the work agreed to
be performed under these Contract Documents , and shall
indemnify the Owner for any cost, expense, or damage which it
r may be obliged to pay by reason of such infringement at any
time during the prosecution of the work or after completion of
the work, provided, however , that the Owner will assume the
responsibility to defend any and all suits brought for the
infringement of any patent claimed to be infringed upon by the
design , type of construction or material or equipment
specified -in the Contract Documents furnished the Contractor
by the Owner , and to hold the Contractor harmless on account
of such suits.
C6-6 (1)
C6-6 . 4 SANITARY PROVISIONS : The Contractor shall establish
and enforce among his employees such regulations in regard to
cleanliness and disposal of garbage and waste as will tend to
prevent the inception and spread of infectious or contagious
diseases and to effectively prevent the creation of a nuisance
about the work on any property either public or private, and
such regulations as are required by Law shall be put into
immediate force and effect by the Contractor . The necessary
sanitary conveniences for use of laborers on the work,
properly secluded from public observation , shall be
constructed and maintained by the Contractor and their use
shall be strictly enforced by the Contractor . All such
facilities shall be kept in a clean and sanitary condition,
free from objectionable odors so as not to cause a nuisance.
All sanitary laws and regulations of the State of Texas and
the City shall be strictly complied with.
C6-6 . 5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment
stored about the work shall be so placed and used, and the
work shall at all times be so conducted , as to cause no
greater obstruction or inconvenience to the public than is
considered to be absolutely necessary by the Engineer. The
Contractor is required to maintain at all times all phases of
his work in such a manner as not to impair the safety or
convenience of the public, including, but not limited to, safe
and convenient ingress and egress to property contiguous to
the work area. The Contractor shall make adequate provisions
to render reasonable ingress and egress for normal vehicular
traffic, except during actual trenching or pipe installation
operations, at all driveway crossings . Such provisions may
include bridging, placement of crushed stone or gravel or such
other means of providing proper ingress and egress for the
property served by the driveway as the Engineer may approve as
appropriate . Such other means may include the diversion of
driveway traffic, with specific approval by the Engineer. If
diversion of traffic is approved by the Engineer at any
location, the Contractor shall make arrangements satisfactory
to the Engineer at any location, the Contractor shall make
arrangements satisfactory to the Engineer for the diversion of
traffic, and shall , at his own expense, provide all materials
and perform all work necessary for the construction and
maintenance of roadways and bridges for such diversion of
traffic. Sidewalks must not be obstructed except by special
permission of the Engineer.
The materials excavated and the construction materials such as
pipe used in the construction of the work shall be placed so
as not to endanger the work or prevent free access to all fire
hydrants, fire alarm boxes , police call boxes , water valves ,
C6-6 (2 )
gas valves , or manholes in the vicinity. The Owner reserves
the right to remedy any neglect on the part of the Contractor
as regards to public convenience and safety which may come to
its attention , after twenty-four hours notice in writing to
the Contractor , save in cases of emergency when it shall have
the right to remedy any neglect without notice, and in either
case, the cost of such work done or materials furnished by the
Owner or by the City shall be deducted from monies due or to
become due to the Contractor.
The Contractor , after approval of the Engineer, shall notify
the Fire Department Headquarters, Traffic Engineer, and Police
Department , when any street or alley is requested to be closed
or obstructed or any fire hydrant is to be made inaccessible ,
t and, when so directed by the Engineer, shall keep any street,
streets, or highways in condition for unobstructed use by fire
apparatus . The Contractor shall promptly notify the Fire
Department Headquarters when all such obstructed streets ,
alleys, or hydrants are again placed back in service.
Where the Contractor is required to construct temporary
bridges or make other arrangements for crossing over ditches
or streams , his responsibility for accidents in connection
with such crossings shall include the roadway approaches as
well as the structures of such crossings.
The Contractor shall at all times conduct his operation and
the use of construction machinery so as not to damage or
destroy trees and shrubs located in close proximity to or on
the site of the work. Wherever any such damage may be done,
the Contractor shall immediately satisfy all claims of
property owners, and no payment will be made by the Owner in
settlement of such claims. The Contractor shall file with the
Engineer a written statement showing all such claims adjusted.
- C6-6 . 6 PRIVILEGES OF CONTRACTOR IN STREETS , ALLEYS , AND
RIGHT-OF-WAY: For the performance of the contract , the
Contractor will be permitted to use and occupy such portions
of the public streets and alleys , or other public places or
other rights-of-way as provided for in the ordinances of the
City , as shown in the Contract Documents , or as may be
specifically authorized in writing by the Engineer . A
reasonable amount of tools , materials , and equipment for
construction purposes may be stored in such space, but no more
than is necessary to avoid delay in the construction
operations . Excavated and waste materials shall be piled or
stacked in such a way as not to interfere with the use of
spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property.
If the street is occupied by railway tracks, the work shall be
C6-6 (3 )
carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other
contractors of the Owner may, for all purposes required by the
contract , enter upon the work and premises used by the
Contractor and shall be provided all reasonable facilities and
assistance for the completion of adjoining work . Any
additional grounds desired by the Contractor for his use shall
be provided by him at his own cost and expense.
C6-6. 7 RAILWAY CROSSINGS: When the work encroaches upon any
right-of-way of any railway , the City will secure the
necessary easement for the work. Where the railway tracks are
to be crossed , the Contractor shall observe all the
regulations and instructions of the railway company as to the
methods of performing the work and take all precautions for
safety of property and the public . Negotiations with the
railway companies for permits shall be done by and through the
City. The Contractor shall give the City notice not less than
five days prior to the time of his intentions to begin work on
that portion of the project which is related to the railway
properties . The Contractor will not be given extra or
additional compensation for such railway crossings unless
specifically set forth in the Contract Documents.
C6-6 . $ BARRICADESF WARNINGS AND WATCHMEN: Where the work is
carried on in or adjacent to any street , alley , or public
place, the Contractor shall at his own expense furnish, erect, E
and maintain such barricades , fences , lights and danger
signals , shall provide such, watchmen, and shall take all such
other precautionary measures for the protection of persons or
property and of the work as are necessary. Barricades and
fences shall be painted in a color that will be visible at
night. From sunset to sunrise the Contractor shall furnish
and maintain at least one easily visible burning light at each
barricade. A sufficient number of barricades shall be erected
and maintained to keep pedestrians away from, and vehicles
from being driven on or into, any work under construction or
being maintained. The Contractor shall furnish watchmen and
keep them at their respective assignments in sufficient
numbers to protect the work and prevent accident or damage.
All installations and procedures shall be consistent with the
provisions set forth in the "1980 Texas Manual on Uniform
Traffic Control Devices for Streets and Highways" issued under
the authority of the "State of Texas Uniform Act Regulating
Traffic on Highways " , codified as Article 6701d Veron's Civil
Statutes, pertinent sections being Section Nos. 27 , 29 , 30 and
31.
C6-6 ( 4)
The Contractor will not remove any regulatory sign ,
instructional sign, street name sign, or other sign which has
been erected by the City. If it is determined that a sign
must be removed to permit required construction , the
Contractor shall contact the Transportation and Public Works
department , Signs and Markings Division ( phone number
8780-8075 ) , to remove the sign. In the case of regulatory
signs, the Contractor must replace the permanent sign with a
temporary sign meeting the requirements of the above
referenced manual and such temporary sign must be installed
prior to the removal of the permanent sign. If the temporary
sign is not installed correctly or if it does not meet the
required specifications , the permanent sign shall be left in
place until the temporary sign requirements are met . When
construction work is completed to the extent that the
permanent sign can be re-installed, the Contractor shall again
contact the Signs and Markings Division to re-install the
permanent sign and shall leave his temporary sign in place
until such re-installation is completed.
The Contractor will be held responsible for all damage to the
work or the public due to failure of barricades , signs ,
fences , lights , or watchmen to protect them. Whenever
evidence is found of such damage to the work the Engineer may
order the damaged portion immediately removed and replaced by
the Contractor at the Contractor ' s own expense . The
Contractor ' s responsibility for the maintenance of barricades,
signs, fences and lights, and for providing watchmen shall not
cease until the project shall have been completed and accepted
by the Owner.
No compensation , except as specifically provided in these
Contract Documents, will be paid to the Contractor for the
work and materials involved in the constructing , providing,
and maintaining of barricades, signs, fences, and lights or
for salaries of watchmen , for the subsequent removal and
disposal of such barricades , signs , or for any other
incidentals necessary for the proper protection, safety, and
convenience of the public during the contract period, as this
work is considered to be subsidiary to the several items for
which unit or lump sum prices are requested in the Proposal.
C6-6 . 9 USE OF EXPLOSIVES , DROP WEIGHT, ETC. : Should the
Contractor elect to use explosives, drop weight, etc . , in the
prosecution of the work, the utmost care shall be exercised at
all times so as not to endanger life or property . The
Contractor shall notify the proper representative of any
public service corporation , any company , individual , or
utility, and the Owner , not less than twenty-four hours in
C6-6 (5 )
advance of the use of any activity which might damage or
endanger their or his property along or adjacent to the work.
Where the use of explosives is to be permitted on the project,
as specified in the Special Contract Documents , or the use of
explosives is requested, the Contractor shall submit notice to
the Engineer in writing twenty-four hours prior to commencing
and shall furnish evidence that he has insurance coverage to
protect against any damages and/or injuries arising out of
such use of explosives.
All claims arising out of the use of explosives shall be
investigated and a written report made by the Contractor ' s
insurers to the Engineer within ten (10) days after receipt of
written notice of the claim to the Contractor from either the
City or the claimant. The City shall proceed to give notice
to the Contractor of any such claim. The use of explosives
may be suspended by the Engineer if any complaint is received
and such use shall not be resumed until the cause of the
complaint has been addressed.
Whenever explosives are stored or kept, they shall be stored
in a safe and secure manner and all storage places shall be
plainly marked "DANGEROUS EXPLOSIVES" and shall be under the
care of a competent watchman at all times . All vehicles in
which explosives are being transported shall be plainly marked
as mentioned above and shall, insofar as possible, not use
heavy traffic routes.
C6-6 . 10 WORK WITHIN EASEMENTS : Where the work passes over,
through, or into private property, the Owner will provide such
right-of-way or easement privileges as the City may deem
necessary for the prosecution of the work. Any additional
rights-of-way or work area considered necessary by the
Contractor shall be provided by him at his own expense. Such
additional rights-of-way or work area shall be acquired for
the benefit of the City . The City shall be notified in
writing as to the rights so acquired before work begins in the
affected area. The Contractor shall not enter upon private
property for any purpose without having previously obtained
permission from the owner of such property. The Contractor
will not be allowed to store equipment or material on private
property unless and until the specified 'approval of the
property owner has been secured in writing by the Contractor
and a copy furnished to the Engineer . Unless specifically
provided otherwise , the Contractor shall clear all
rights-of--way or easements of obstructions which must be
removed to make possible proper prosecution of the work as a
part of the project construction operations . The Contractor
shall be responsible for the preservation of and shall use
C6-6 (6 )
every precaution to prevent damage to all trees , shrubbery,
plants, lawns, fences, culverts, curbing , and all other types
of structures or improvements , to all water , sewer, and gas
lines, to all conduits, overhead pole lines , or appurtenances
thereof , including the construction of temporary fences, and
to all other public or private property along adjacent to the
work.
The Contractor shall notify the proper representatives of
owners or. occupants of public or private lands or interest in
lands which might-=be affected by the work. Such notice shall
be made at least 48 hours in advance of the beginning of the
work. Notices shall be applicable to both public and private
utility companies or any corporation, company, individual; or
other , either as owners or occupants , whose land or interest
in land might affected by the work. The Contractor shall be
responsible for all damage or injury to property of any
character resulting from any act , omission , neglect , or
misconduct in the manner or method or execution of the work,
or at any time due to defective work, material, or equipment.
When and where any direct or indirect or injury is done to
public or private property on account of any act, omission,
neglect, or misconduct in the execution of the work, or in
consequence of the non-execution thereof on the part of the
Contractor, he shall restore or have restored at his own cost
and expense such property to a condition at least equal to
that existing before such damage or injury was done, by
repairing, rebuilding, or otherwise replacing and restoring as
may be directed by the Owner , or he shall make good such
damages or injury in a manner acceptable to the owner of the
property and the Engineer.
All fences encountered and removed during construction of
this project shall be restored to the original or a better
than original condition upon completion of this project.
when wire fencing, either wire mesh or barbed wire is to be
crossed, the Contractor shall set cross braced posts on
either side of permanent easement before the fence is cut.
Should additional fence cuts be necessary, the Contractor
shall provide cross braced posts at point of the proposed
cut in addition to the cross braced posts provided at the
- permanent easements limits, before the fence is cut.
Temporary fencing shall be erected in place of the fencing
_ removed whenever the work is not in progress and when the
site is vacated overnight , and/or at all times to prevent
livestock from entering the construction area. The cost for
fence removal, temporary closures and replacement shall be
subsidiary to the various items bid in the project
C6-6 ( 7 )
proposal. Therefore , no separate payment shall be allowed
for any service associated with this work.
In case of failure on the part of the Contractor to restore
such property to make good such damage or injury, the - Owner
may, upon 48 hour written notice under ordinary circumstances,
and without notice when a nuisance or hazardous condition
results, proceed to repair, rebuild, or otherwise restore such
property 'as may be determined by the Owner tQ be necessary,
and the cost thereby will be deducted from any monies due or
to become due to the Contractor under this Contract.
C6-6 . 11 INDEPENDENT CONTRACTOR: It is understood and agreed
by the parties hereto that Contractor shall perform all work
and services hereunder as an independent contractor, and not
as an officer , agent, servant or employee of the Owner _
Contractor shall have exclusive control of and the exclusive
right to control the details of all the work and services
performed hereunder , and all persons performing same, and
shall be solely responsible for the acts and omissions of its
officers , agents , servants , employees , contractors ,
subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between Owner and
Contractor, its officers , agents, employees, contractors and
subcontractors , and nothing herein shall be construed as
creating a partnership or joint enterprise between Owner and
Contractor.
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS_ Contractor
covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own
expense, Owner, its officers, agents, servants and employees, from and against any and all
claims or suits for property loss or damage and/or personal injury, including death, to any
and all persons, of whatsoever kind or character, whether real or asserted, arising out of or
in connection,with, directly or indirectly, the work and services to be performed hereunder
by Contractor, its officers, agents, employees, subcontractors, licensees or invitees,
whether or not caused, in whole or in part, by the alleged
negligence of the officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees of the City:
and said Contractor does hereby covenant and agree to assume all liability and
responsibility of City, its officers, agents,servants and employees for any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in
connection with,directly or indirectly,the work and services to be performed hereunder by
Contractor, its officers, agents, employees, subcontractors, licensees or invitees, r
whether or not caused, in whole or in part, by the alleged \
negligence of the officers, agents. servants, employees,
C6-6 (8 )
contractors, subcontractors, licen-sees and invitees of the City.
Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
harmless City from and against any and all injuries,damage, loss or destruction to property
of City during the performance of any of the terms and conditions of this Contract,
whether arising out of or in connection with or resulting from,
in whole or in part, any and all alleged acts or omissions
officers, agents, servants, employees, contractors,
.� subcontractors, licensees, invitees of Owner.
In the event a written claim for damages against the contractor or its subcontractors
remains unsettled at the time all work on the project has been completed to the satisfaction
of the Director of the Water Department, as evidenced by a final inspection, final payment
to the Contractor shall not be recommended to the Director of the Water Department for a
period of 30 days after the date of such final inspection, unless the Contractor shall submit
written evidence satisfactory to the Director that the claim has been settled and a release
has been obtained from the claimant involved.
If the claims concerned remains unsettled as of the expiration of the above 30-day period,
the Contractor may be deemed to be entitled to a semi-final payment for work completed,
such semi-final payment to be in the amount equal to the total dollar amount then due less
the dollar value of any written claims pending against the Contractor arising out of
performance of such work, and such semi-final payment may then be recommended by the
Director.
The Director shall not recommend final payment to a Contractor against whom such a
claim for damages is outstanding for a period of six months following the date of the
acceptance of the work performed unless the Contractor submits evidence in writing
satisfactory tot he Director that:
1. The claim has been settled and a release has been obtained from the
claimant involved, or
2. Good faith efforts have been made to settle such outstanding claims, and
such good faith efforts have failed.
If condition (1) above is met at any time within the six month period, the Director shall
recommend that the final payment to the Contractor be made. If condition (2) above is met
at any time within the six month period,the Director may recormend that final payment to
the Contractor be made. At the expiration of the six month period, the Director may
C6-6 (9 )
recommend that final payment be made if all other work has been performed and all other
obligations of the Contractor have been met to the satisfaction of the Director.
The Director may, if he deems it appropriate, refuse to accept bids on other Water
Department Contract work from a Contractor against whom a claim for damages is
outstanding as a result of work perforred under a City Contract.
(Revision Date: April IS, 1499)
C6-6 .13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor
claim compensation for any alleged damage by reason of the
acts or omissions of the Owner, he shall within three days
after the actual sustaining of, such alleged damage, make a
written statement to the Engineer, setting out in detail the
nature of the alleged damage., and on or before the 25th day of
the month succeeding that in which- any such damage is claimed
to have been sustained, the Contractor shall file with the
Engineer an itemized statement of the details and amount of
such alleged damage and, upon request, shall give the Engineer
access to all books of account, receipts, vouchers, bills of
lading, and other books or papers containing any evidence as
to the amount of such alleged damage. Unless such statements
shall be filed as hereinabove required, the Contractor' s claim
for compensation shall be waived, and he shall not be entitled
to payment on account of such damages-
C6-6 .14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC. :
In case it is necessary to change , move , or alter in any
manner the property of a public utility or others, the said
property shall not be moved or interfered with until orders
thereupon have been issued by the Engineer_ The right is
reserved to the owners of public utilities to enter the
geographical limits of the Contract for the purpose of making
such changes or repairs to their property that may be
necessary by the performance of this contract_ ;
C6-6. 15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing
sewer lines have to be taken up or removed, the Contractor
shall , at his own expense and cost, provide and maintain
temporary outlets and connections for all private or public
drains 'and sewers. The Contractor shall also take care of all
sewage and drainage which will be received from these drains
and sewers , and for this purpose he shall provide and
maintain, at his own cost and expense , adequate pumping
facilities and temporary outlets or diversions.
The Contractor, at his own cost and expense, shall construct
such troughs, pipes, or other structures necessary, and be
prepared at all times to dispose of drainage and sewage
C6-6 (10 )
received from these temporary connections until such times as
the permanent connections are built and are in service. The
existing sewers and connections shall be kept in service and
maintained under the Contract , except when specified or
ordered to be abandoned by the Engineer. All water, sewage,
and other waste shall be disposed of in a satisfactory manner
so that no nuisance is created and so that the work under
construction will be adequately protected.
C6-6 .16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
CITY: When the Contractor desires to use City water in
connection with any construction work, he shall make complete
and satisfactory arrangements with the Fort Worth City Water
Department for so doing.
City water furnished to the Contractor shall be delivered to
the Contractor from a connection on an existing City main .
All piping required beyond the point of delivery shall be
installed by the Contractor at his own expense.
The Contractor ' s responsibility in the use of all existing
fire hydrant and/or valbes is detailed in Section E2-1. 2 USE
OF FIRE HYDRANTS AND VALVES in these General Contract
Documents.
When meters are used to measure the water, the charges , if
any, for water will be at the regular established rates. When
meters are not used , the charges , if any , will be as
prescribed by the City Ordinance , or where no ordinance
applies , payment shall be made on estimates and rates
established by the Director of the Fort Worth Water
Department.
C6-6 . 17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in
the opinion of the Engineer , any section or portion of the
work or any structure is in suitable condition, it may be put
into use upon the written order of the Engineer , and such
usage shall not be held to be in any way an acceptance of said
work or structure or any part thereof or as a waiver of any of
the provisions of these Contract Documents . All necessary
repairs and removals of any section of the work so put into
use, due to defective materials or workmanship, equipment, or
to deficient operations on the part of the Contractor , shall
be performed by the Contractor at his own expense.
C6-6 . 18 CONTRACTOR ' S RESPONSIBILITY FOR THE WORK : Until
written acceptance by the Owner as provided for in these
Contract ' Documents , the work shall be under the charge and
care of the Contractor , and he shall take every necessary
precaution to prevent injury or damage to the work or any part
C6-6 (11)
thereof by action of the elements or from any cause
whatsoever, whether arising from the execution or nonexecution
of the work. The Contractor shall rebuild, repair, restore,
and make good at his own expense all injuries or damage to any
portion of the work occasioned by any of the hereinabove
causes.
C6-6 . 19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer
or any order by the Owner by payment of money or any payment
for or acceptance of any work, or any extension of time, or
any possession taken by the City shall not operate as a waiver
of any provision of the Contract Documents. Any waiver of any
breach or Contract shall not be held to be a waiver of any
other or subsequent breach.
The Owner reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to
adjust the same to meet the requirements of the Contract
Documents.
C6-6 . 20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying
out the provisions of these Contract Documents or in
exercising any power of authority granted thereunder, there
shall be no liability upon the authorized representatives of
the Owner, either personally or otherwise as they are agents i
and representatives of the City.
C6-6.21 STATE SALES TAX: On a contract awarded by the City of
Fort Worth, an organization which qualifies for exemption
pursuant the provisions of Article 20 . 04 (H) of the Texas
Limited Sales , excise, and Use Tax Act, 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 by the Contractor in lieu of the tax shall be subject
to and shall comply with the provisions of State Comptroller 's
Ruling . 011 , and any other applicable State Comptroller
rulings pertaining to the Texas Limited Sales, Excise, and Use
Tax Act.
On a contract awarded by a developer for the construction of a
publicly-owned improvement in a street right-of-way or other
easement which has been dedicated to the public and the City
of Fort Worth, an organization which qualifies for exemption
pursuant • to the provisions of Article 20. 04 (H) of the Texas
limited Sales , Excise , and Use Tax Act, the Contractor can
probably be exempted in the same manner stated above.
C6-6 (12)
Limited Sale , Excise and Use Tax permits and information can
t be obtained from:
Comptroller of Public Accounts
Sale Tax Division
Capitol Station
Austin, TX
C6-6 (13)
PART C - GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
SECTION C7-7 PROSECUTION AND PROGRESS:
C7-7. 1 SUBLETTING : The Contractor shall perform with his own
organization, and with the assistance of workman under his
immediate super intendance, work of a value of not less than
fifty (50% ) percent of the value embraced in the contract. If
the Contractor sublets any part of the work to be done under
these Contract Documents, he will not under any circumstances
be relieved of the responsibility and obligation assumed under
these Contract Documents . All transactions of the Engineer
will be with the Contractor . Subcontractors will be
considered only in the capacity of employees or workmen of the
Contractor and shall be subject to the same requirements as to
character and competency. The Owner will not recognize any
subcontractor on the work. The Contractor shall at all times,
when the work is in operation, be represented either in person
or by a superintendent or other designated representatives.
C7-7 . 2 ASSIGNMENT OF CONTRACT : The Contractor shall not
assign, transfer, sublet, convey, or otherwise dispose of the
contract or his rights , title, or interest in or to the same
or any part thereof without the previous consent of the Owner
expressed by resolution of the City Council and concurred in
by the Sureties.
If the Contractor does, without such previous consent, assign,
transfer, sublet, convey, or otherwise dispose of the contract
or his right , title, or interest therein or any part thereof,
to any person or persons , partnership , company , firm , or.
corporation , or does by bankruptcy, voluntary or involuntary,
or by assignment under the insolvency laws of any state ,
attempt to dispose of the contract may, at the option of the
Owner be revoked and annulled , unless the Sureties shall
successfully complete said contract , and in the event of any
such revocation or annulment, any monies due or to become due
under or by virtue of said contract shall be retained by the
Owner as liquidated damages for the reason that it would be
impracticable and extremely difficult to fix the actual
damages.
C7-7 . 3 PROSECUTION OF THE WORK : Prior to beginning any
construction operation , the Contractor shall submit to the
Engineer in five or more copies, if requested by the Engineer,
a progress schedule preferably in chart or diagram form, or a
brief outlining in detail and step by step the manner of
C7-7 (1 )
6
a
prosecuting the work and ordering materials and equipment
which he expects to follow in order to complete the project in
the scheduled time. There shall also be submitted a table of
estimated amounts to be earned by the Contractor during each r
monthly estimate period.
The Contractor shall commence the work to be performed under
this contract within the time limit stated in these Contract
Documents and shall conduct the work in a continuous manner
and with sufficient equipment, materials , and labor as is
necessary to insure its completion within the time limit.
The sequence requested of all construction operations shall be
at all times as specified in the Special Contract Documents . .
Any deviation from scuh sequencing shall be submitted to the
Engineer for his approval. Contractor shall not proceed with
any deviation until he has received written approval from the
Engineer . Such specification or approval by the Engineer
shall not relieve the Contractor from the full responsibility
of the complete performance of the Contract.
The contract time may -be changed only as set forth in Section
C7-7.8 "Extension of Time of Completion" of this Agreement ,
and a progress schedule shall not constitute a change in the
contract time. .
C7-7 . 4 LIMITATIONS OF OPERATIONS: The working operations
shall at all times be conducted by the Contractor so as to
create a minimum amount of inconvenience to the public. At
any time when, in the judgment of the Engineer, the Contractor
has obstructed or closed or is carrying on operations in a
portion of a street or public way greater than is necessary
for the proper execution of the work, the Engineer may require
the Contractor to finish the section on which operations are
in progress before the work is commenced on any additional
section or street.
C7-7. 5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall -
be used by the Contractor is available. The Contractor may
bring in from outside the City of Fort Worth his key men and
his superintendent . All other workmen, including equipment
operators , may be imported only after the local supply is
exhausted . The Contractor shall employ only such
superintendents , foremen , and workmen who are careful ,
competent, and fully qualified to perform the duties or tasks
assigned to them, and the Engineer may demand and secure the
summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of
the Owner , shall misconduct himself or be found to be
incompetent , disrespectful , intemperate , dishonest , or
C7-7 (2 )
otherwise objectionable or neglectful in the proper
performance of his or their duties, or who neglects or refuses
to comply with or carry out the directions of the Owner, and
such person or persons shall not be employed again thereon
- without written consent of the Engineer.
All workmen shall have sufficient skill , ability , and
experience to properly perform the work assigned to them and
operate any equipment necessary to properly carry out the
performance of the assigned duties.
The Contractor shall furnish and maintain on the work all such
equipment as is considered to be necessary for prosecution of
the work in an acceptable manner and at a satisfactory rate of
progress. All equipment , tools , and machinery used for
handling materials and executing any part of the work shall be
subject to the approval of the Engineer and shall be
maintained in a satisfactory, safe and efficient working
condition. Equipment on any portion of the work shall be such
that no injury to the work, workmen or adjacent property will
result from its use.
C7-7 . 6 WORK SCHEDULE: Elapsed working days shall be computed
starting with the first day of work completed as defined in
C1-1 . 23 "WORKING DAY" or the date stipulated in the "WORK
ORDER" for beginning work, whichever comes first.
Nothing in these Contract Documents shall be construed as
prohibiting the Contractor from working on Saturday, Sunday or
Legal Holidays , providing that the following requirements are
met:
a. A request to work on a specific Saturday, Sunday or
Legal Holiday must be made to the Engineer no later
than the proceeding Thursday.
b. Any work to be done on the project on such a
specific Saturday, Sunday or Legal Holiday must be,
r in the opinion of the Engineer , essential to the
timely completion of the project.
The Engineer ' s decision shall be final in response to such a
request for approval to work on a specific Saturday, Sunday or
Legal Holiday, and no extra compensation shall be allowed to
the Contractor for any work performed on such a specific
Saturday, Sunday or Legal Holiday.
Calendar 'Days shall be defined in C1-1. 24 and the Contractor
may work as he so desires.
C7-7 (3 )
C7-7 . 7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor
shall commence the working operations within the time
specified in the Contract Documents and set forth in the Work
Order. Failure to do so shall be considered by the Owner as
abandonment of the Contract by the Contractor and the Owner
may proceed as he sees fit.
The Contractor shall maintain a rate of progress such as will
insure that the whole work will be performed and the premises
cleaned up in accordance with the Contract Documents and
within the time established in such documents and such
extension of time as may be properly authorized by the Owner.
C7-7 . 8 EXTENSION OF TIME COMPLETION: The Contractor's request
for an extension of time of completion shall be considered
only when the request for such extension is submitted in
writing to the Engineer within seven days from and after the
time alleged cause of delay shall have occurred. Should an
extension of the time of completion be requested such request
will be forwarded to the City Council for approval .
In adjusting the contract time for completion of work ,
consideration will be given to unforseeable causes beyond the
control of and without the fault or negligence of the
Contractor, including but limited to acts of the public enemy,
acts of the Owner , fire, flood , tornadoes , epidemics ,
quarantine restrictions , strikes, freight embargoes , or delays
of sub-contractors due to such causes.
When the date of completion is based on a calendar day bid, a _
request for extension of time because of inclement weather
will not be considered. A request for extension of time due
to inability to obtain supplies and materials will be
considered only when a review of the Contractor ' s purchase
order dates and other pertinent data as requested by the
Engineer indicates that the Contractor has made a bonafide
attempt to secure delivery on schedule. This shall include
efforts to obtain the supplies and materials from alternate
sources in case the first source cannot make delivery.
If satisfactory execution and completion of the contract
should require work and materials in greater amounts or
quantities than those set forth in the approved Contract
Documents, then the contract time may be increased by Change
Order.
C7-7. 9 DELAYS: The Contractor shall receive no compensation
for delays or hindrances to the work, except when direct and
unavoidable extra cost to the Contractor is caused by the
failure of the City to provide information or material, if
C7-7 (4 )
any , which is to be furnished by the City. When such extra
compensation is claimed a written statement thereof shall be
presented by the Contractor to the Engineer and if by him
found correct shall be approved and referred by him to the
Council for final approval or disapproval ; and the action
thereon by the Council shall be final and binding. If delay
is caused by specific orders given by the Engineers to stop
work, or by the performance of extra work , or by the failure
of the City to provide material or necessary instructions for
carrying on the work , then such delay will entitle the
Contractor to an equivalent extension of time, his application
for which shall , however , be subject to the approval of the
City Council; and no such extension of time shall release the
Contractor or the surety on his performance bond from all his
obligations hereunder which shall remain in full force until
the discharge of the contract.
�. C7-7 . 10 TIME OF COMPLETION: The time of completion is an
essential element of the contract. Each bidder shall indicate
in the appropriate place on the last page of the Proposal the
number of working days or calendar days that he will require
to fully complete this contract or the time of completion will
be specified by the City in the Proposal section of the
contract documents.
The number of days indicated shall be a realistic estimate of
the time required to complete the work covered by the specific
contract being bid upon . The amount of time so stated by the
successful bidder or the City will become the time of
completion specified in the Contract Documents.
For each calendar day that any work shall remain uncompleted
after the time specified in the Contract Documents , or the
increased time granted by the Owner , or as automatically
increased by additional work or materials ordered after the
contract is signed , the sum per day given in the following
schedule , unless otherwise specified in other parts of the
Contract Documents , will be deducted from monies due the
Contractor , not as a penalty, but as liquidated damages
suffered by the Owner.
AMOUNT OF CONTRACT
Less than $ 5,000 inclusive $ 35.00
$ 5, 001 to $ 15,000 inclusive $ 45.00
$ 15, 001 to $ 25 ,000 inclusive $ 63. 00
$ 25, 001 to $ 50 ,000 inclusive $ 105. 00
$ 50,001 to $ 100,000 inclusive $ 154 . 00
$ 100, 001 to $ 500,000 inclusive $ 210.00
C7-7 (5 )
$ 500, 001 to $1, 000,000 inclusive $ 315.00
$1 ,000 ,001 to $2 ,000,000 inclusive $ 420.00
$2,000 , 001 and over $ 630. 00
The parties hereto understand and agree that any harm to the
City caused by the Contractor ' s delay in completing the work
hereunder in the time specified by the Contract Documents
would be incapable or very difficult of accurate estimation ,
and that. the "Amount of Liquidated Damages Per Day" , as set
out above, is a reasonable forecast of just compensation due
the City for harm caused by any delay.
C7-7 . 11 SUSPENSION BY COURT ORDER: The Contractor shall
suspend operations on such part or parts of the work ordered
by any court , and will not be entitled to additional
compensation by virtue of such court order . Neither will he
be liable to the City in the event the work is suspended by a
Court Order . Neither will the Owner be liable to the
Contractor by virtue of any Court Order or action for which
the Owner is not solely responsible.
C7-7 . 12 TEMPORARY SUSPENSION: The Owner shall have the right
to suspend the work operation wholly or in part for such
period or periods of time as he may deem necessary due to
unsuitable weather conditions or any other unfavorable
conditions which in the opinion of the Owner or Engineer cause
further prosecution of the work to be unsatisfactory or
detrimental to the interest of the project. During temporary
suspension of work covered by this contract, for any reason ,
the Owner will make no extra payment for stand-by time of
construction equipment and/or construction crews.
If it should become necessary to suspend work for an u
indefinite period, the Contractor shall store all materials in
such 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. -
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 as set forth in
Paragraph C7-7. 8 EXTENSION OF THE TIME OF COMPLETION , and
should it be determined by mutual consent of the Contractor
and the Engineer that a solution to allow construction to
proceed is not available within a reasonable period of time,
then the 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 Engineer
C7-7 (6 )
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.
s No reimbursement shall be allowed if the equipment is moved to
another construction project for the City of Fort Worth.
The Contractor shall not suspend work without written notice
from the Engineer and shall proceed with the work operations
promptly when notified by the Engineer to so resume
operations.
C7-7. 13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency , so declared by the
President of the United States or other lawful authority, it
becomes impossible for the Contractor to obtain all of the
necessary labor, materials, and equipment for the prosecution
of the work with reasonable continuity for a period of two
months , the Contractor shall within seven days notify the City
in writing, giving a detailed statement of the efforts which
have been made and listing all necessary items of labor,
materials , and equipment not obtainable . If , after
investigations, the Owner finds that such conditions existing
and that the inability of the Contractor to proceed is not
attributable in whole or in part to the fault or neglect of
the Contract, then if the Owner cannot after reasonable effort
assist the Contractor in procuring and making available the
necessary labor , materials and equipment within thirty days ,
the Contractor may request the Owner to terminate the contract
and the Owner may comply with the request, and the termination
shall be conditioned and based upon a final settlement
mutually acceptable to both the Owner and the Contractor and
final payment shall be made in accordance with the terms of
the agreed settlement, which shall include, but not be limited
to , the payment for all work executed but no anticipated
profits on work which has not been performed.
C7-7 .14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF
CONTRACT: The work operations on all or any portion or
section of the work under Contract shall be suspended
immediately on written order of the Engineer or the Contract
ma.y be declared cancelled by the City Council for any good and
sufficient cause. The following, by way of example, but not
of limitation, may be considered grounds for suspension or
cancellation:
a. Failure of the Contractor to commence work
operations within the time specified in the Work
Order issued by the Owner.
C7-7 (7)
b. Substantial evidence that progress of the work
operations by Contractor is insufficient to
complete the work within the specified time.
C. Failure of the Contractor to provide and maintain
sufficient labor and equipment to properly execute
the working operations.
d. Substantial evidence that the Contractor has
abandoned the work.
e. Substantial evidence that the Contractor has become
insolvent or bankrupt, or otherwise financially
unable to carry on the work satisfactorily.
f. Failure on the part of the Contractor to observe
any requirements of the Contract Documents or to
comply with any orders given by the Engineer or
Owner provided for in these Contract Documents.
g. Failure of the Contractor promptly to make good any
defect in materials or workmanship, or any defects
of any nature the correction of which has been
directed in writing by the Engineer or the Owner.
h. Substantial evidence of collusion for the purpose
of illegally procuring a contract or perpetrating
fraud on the City in the construction of work under
contract.
i . A 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.
j . If the Contractor shall for any cause whatsoever
not carry on the working operation in an acceptable
manner.
k. If the Contractor commences legal action against
the Owner.
A copy of the suspension order or action of the City Council
shall be served on the Contractor ' s Sureties. When work is
suspended for any cause or causes, or when the contract is
cancelled, the Contractor shall discontinue the work or such
part thereof as the Owner shall designate, whereupon the
Sureties may, at their option, assume the contract or that
portion thereof which the Owner has ordered the Contractor to
discontinue, and may perform the same or may, with the written
C7-7 (8) a
consent of the Owner , sublet the work or that portion of the
work as taken over, provided however, that the Sureties shall
exercise their option, if at all , within two weeks after the
written notice to discontinue the work has been served upon
the Contractor and upon the Sureties or their authorized
agents . The Sureties , in such event shall assume the
Contractor ' s place in all respects , and shall be paid by the
Owner for all work performed by them in accordance with the
terms of „ the Contract Documents. All monies remaining due the
Contractor at the time of this default shall thereupon become
due and payable to the Sureties as the work progresses ,
subject to all of the terms of the Contract Documents.
In case the Sureties do not, within the hereinabove specified
time, exercise their right and option to assume the contract
responsibilities , or that portion thereof which the Owner has
ordered by the Contractor to discontinue, then the Owner shall
have the power to complete, by contract or otherwise, as it
may determine, the work herein described or such part thereof
as it may deem necessary, and the Contractor hereto agrees
that the Owner shall have the right to take possession of and
use any materials , plants, tools , equipment, supplies , and
property of any kind provided by the Contractor for the
purpose of carrying on the work and to procure other tools,
equipment, materials, labor and property for the completion of
the work, and to charge to the account of the Contractor of
said contract expense for labor, materials , tools , equipment ,
and all expenses incidental thereto. The expense so charged
shall be deducted by the Owner from such monies as may be due
or may become due at any time thereafter to the Contractor
under and by virtue of the Contract or any part thereof . The
Owner shall not be required to obtain the lowest bid for the
work completing the contract, but the expense to be deducted
shall be the actual cost of the owner of such work.
In case such expenses shall exceed the amount which would have
been payable under the Contract if the same had been completed
by the Contractor , then the Contractor and his Sureties shall
pay the amount of such excess to the City on notice from the
Owner of the excess due. When any particular part of the work
is being carried on by the Owner by contract or otherwise
under the provisions of this section , the Contractor shall
continue the remainder of the work in conformity with the
terms of the Contract Documents and in such a manner as to not
hinder or interfere with performance of the work by the Owner.
C7 -7 . 15 FULFILLMENT OF CONTRACT : The Contract will be
considered as having been fulfilled, save as provided in any
bond or bonds or by law, when all the work and all sections or
parts of the project covered by the Contract Documents have
C7-7 ( 9 )
been finished and completed, the final inspection made by the
Engineer, and the final acceptance and final payment made by
the Owner.
C7-7 .16 TERMINATION FOR CONVENIENCE OF THE OWNER:
A. NOTICE OF TERMINATION: The performance of the work
under this contract may be terminated by the Owner
in whole , or from time to time in part , in
accordance with this section, whenever the Owner
shall determine that such termination is in the
best interest of the Owner . Any such termination
shall be effected by mailing a notice of
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 Mail by the Owner. 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 Owner regarding such
discretionary action.
B. CONTRACTOR ACTION: After receipt of a notice of
termination , and except as otherwise directed by
the Engineer, 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
work terminated by the notice of termination;
4. transfer title to the Owner and deliver in
the manner, at the times, and to the extent,
if any, directed by the Engineer:
C7-7 (10)
a. the fabricated or unfabricated parts ,
work in process , 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
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 Owner.
5. complete performance of such part of the work
as shall not have been terminated by the
notice of termination; and
6. take such action as may be necessary, or as
the Engineer 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.
At a time not later than 30 days after the
termination date specified in the notice of
termination , the Contractor may submit to the
- Engineer 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 the Engineer. Not later than 15 days
thereafter, the Owner shall accept title to such
items provided, that the list submitted shall be
subject to verification by the Engineer 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.
C. TERMINATION CLAIM: Within 60 days after notice of
term nation , the Contractor shall submit his
termination claim to the Engineer in the form and
with the certification prescribed by the Engineer .
Unless one or more extensions in writing are
granted by the Owner upon request of the
Contractor , made in writing within such 60-day
period or authorized extension thereof, any and all
such claims shall be conclusively deemed waived.
C7-7 (11 )
D. AMOUNTS : Subject to the provisions of Item
C7-7.16 (C) , the Contractor and Owner may agree upon
the whole or any part of the amount or amounts to
be paid to the Contractor by reason of the total or
partial termination of work pursuant hereto;
provided, that such agreed amount or amounts shall
never exceed the total contract price as reduced by
the amount of payments otherwise made and as
further reduced by the contract price of work not
terminated . The contract shall be amended
accordingly, and the Contractor shall be paid the
agreed amount . No amount shall be due for lost or
anticipated profits . Nothing in C7-7 . 16 ( E )
hereafter, prescribing the amount to be paid to the
Contractor in the event of failure of the
Contractor by reason of the termination of work
pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the
amount or amounts which may be agreed upon to be
paid to the Contractor pursuant to this paragraph.
E. FAILURE TO AGREE : In the event of the failure of
the Contractor and the Owner to agree as provided
in C7-7. 16 (D) upon the whole amount to be paid to
the Contractor by reason of the termination of work
pursuant to this section the Owner 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. No amount shall be due for
lost or anticipated profits.
F. DEDUCTIONS : In arriving at the amount due the
contractor under this section , there shall be
deducted ( a ) all unliquidated advance or other
payments on account theretofore made to the
Contractor , applicable to the terminated portion of
this contract; ( b) any claim which the Owner may
have against the Contractor in connection with this
contract; and (c ) the agreed price for , or the
proceeds of sale of, any materials , supplies or
other things kept by the Contractor or sold ,
pursuant to the provisions of this clause, and not
otherwise recovered by or credited to the Owner.
G. ADJUSTMENT : If the termination hereunder be
partial, prior to the settlement of the terminated
portion of this contract, the Contractor may file
with the Engineer a request in writing for an
C7-7 (12 )
equitable adjustment of the price or prices
specified in the contract relating to the continued
portion of the contract (the portion not terminated
by the notice of termination ) , such equitable
adjustment as may be agreed upon shall be made in
such price or prices ; nothing contained herein ,
however, shall limit the right of the Owner and the
Contractor to agree upon the amount or amounts to
be paid to the Contractor for the completion of the
continued portion of the contract when said
contract does not contain an established contract
price for such continued portion.
H. NO LIMITATION OF RIGHTS: Nothing contained in this
section shall limit or alter the rights which the
Owner may have for termination of this contract
under C7-7 . 14 hereof entitled "Suspension of
Abandonment of the work and Amendment of Contract"
or any other right which Owner may have for default
or breach of contract by Contractor.
C7-7 . 17 SAFETY METHODS AND PRACTICES: The Contractor shall be
responsible for initiating , maintaining, and supervising all
w safety precautions and programs in connection with the work at
all times and shall assume all responsibilities for their
enforcement.
The Contractor shall comply with federal , state , and local
laws, ordinances, and regulations so as to protect person and
property fY om injury, including death, or damage in connection
with the work.
C7-7 (13 )
PART C - GENERAL CONDITIONS
C8-8 MEASUREMENT AND PAYMENT
SECTION C8-8 MEASUREMENT AND PAYMENT
C8 - 8 . 1 MEASUREMENT OF QUANTITIES : The determination of
quantities of work performed by the Contractor and authorized
by the Contract Documents acceptably completed under the terms
of the Contract Documents shall be made by the Engineer , based
on measurements made by the Engineer. These measurements will
be made according to the United States Standard Measurements
used in common practice , and will be the actual length, area,
solid contents , numbers , and weights of the materials and
items installed.
C8-8 . 2 UNIT PRICES : When in the Proposal a "Unit Price" is
set forth, the said "Unit Price" shall include the furnishing
by the Contractor of all labor , tools, materials, machinery,
equipment , appliances and appurtenances necessary for the
construction of and the completion in a manner acceptable to
the Engineer of all work to be done under these Contract
Documents.
The "Unit Price" shall include all permanent and temporary
protection of overhead, surface, and underground structures ,
cleanup, finished, overhead expense, bond, insurance, patent
fees, royalties , risk due to the elements and other causes,
delays , profits , injuries, damages claims, taxes , and all
other items not specifically mentioned that may be required to
fully construct each item of the work complete in place and in
a satisfactory condition for operation.
C8-8 . 3 LUMP SUM: When in the Proposal a "Lump Sum" is set
forth, the sai "Lump Sum" shall represent the total cost for
the Contractor to furnish all labor , tools , materials ,
machinery, equipment, appurtenances , and all subsidary work
-� necessary for the construction and completion of all the work
to provide a complete and functional item as detailed in the
Special Contract Documents and/or Plans.
C8-8 . 4 SCOPE OF PAYMENT: The Contractor shall receive and
accept the compensation, as herein provided, in full payment
for furnishing all labor, tools , materials , and incidentals
for performing all work contemplated and embraced under these
Contract Documents, for all loss and damage arising out of the
nature of the work or from the action of the elements , for any
unforeseen defects or obstructions which may arise or be
encountered during the prosecution of the work at any time
C8-8 (1 )
before its final acceptance by the Owner, (except as provided
in paragraph C5-5 . 14 ) for all risks of whatever description
connected with the prosecution of the work, for all expense
incurred by or in consequence of suspension or discontinuance
of such prosecution of the working operations as herein
specified , or any and all infringements of patents ,
trademarks, copyrights, or other legal reservations, and for
completeing the work in an acceptable manner according to the
terms of -the Contract Documents.
The payment of any current or partial estimate prior to final
acceptance of the work by the Owner shall in no way constitute
an acknowledgment of the acceptance of the work, materials, or
equipment, nor in any way prejudice or affect the obligations
of the Contractor to repair, correct, renew, or replace at his
own and proper expense any defects or imperfections in the
construction or in the strength or quality of the material
used or equipment or machinery furnished in or about the
construction of the work under contract and its appurtenances,
or any damage due or attributed to such defects , which
defects , imperfection, or damage shall have been discovered on
or before the final inspection and acceptance of work or
during the one year guaranty period after final acceptance.
The Owner shall be the sole judge of such defects ,
imperfections , or damage, and the Contractor shall be liable
to the Owner for failure to correct the same as provided
herein.
C8-8. 5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and-
5th day of each month the Contractor shall submit to the
Engineer a statement showing an estimate of the value of the
work done during the previous month, or estimate period under
the Contract Documents . Not later than the 10th day of the
month the Engineer shall verify such estimate, and if it is
found to be acceptable and the value of work performed since
the last partial payment was made exceeds one hundred dollars
( $100 . 00 ) in amount, 90% of such estimated sum will be paid to
the Contractor if the total contract amount is less than
$400, 000 , or 95% of such estimated sum will be paid to the
Contractor if the total contract amount is $400,000 or greater
within twenty-five (25) days after the regular estimate period.
The City will have the option of preparing estimates on forms
furnished by the City . The partial estimate may include
acceptable nonperishable materials delivered to the work which
are to be incorporated into the work as a permanent part
thereof, but which at the the time of the estimate have not
been installed. ( such payment will be allowed on a basis of
85% of the net invoice value thereof . ) The Contractor shall
furnish the Engineer such information as he may request to aid
C8-8 (2 )
him as a guide in the verification or the preparation of
partial estimates.
It is understood that the partial estimate from month to month
will be approximate only, and all partial monthly estimates
and payment will be subject to correction in the estimate
rendered following the discovery of an error in any previous
estimate ,and such estimate shall not, in any respect, be taken
as an admission of the Owner of the amount of work done or of
its quality of sufficiency, or as an acceptance of the work
done or -the release of the Contractor of any of his
responsibilities under the Contract Documents.
The City reserves the right to withhold the payment of any
monthly estimate if the contractor fails to perform the work
strictly in accordance with the specifications or provisions
of this contract.
C8-8 . 6 WITHHOLDING PAYMENT : Payment on any estimate or
estimates may be held in abeyance if the performance of the
construction operations is not in accordance with the
requirements of the Contract Documents.
C8-8 . 7 FINAL ACCEPTANCE: Whenever the improvements provided
or by the Contract Documents shall have been completed and
all requirements of the Contract Documents shall have been
fulfilled on the part of the Contractor, the Contractor shall
notify the Engineer in writing that the improvements are ready
for the final inspection . The Engineer shall notify the
appropriate officials of the Owner, will within a reasonable
time make such final inspection , and if the work is
satisfactory, in an acceptable condition , and has been
completed in accordance with the terms of the Contract
Documents and all approved modifications thereof, the Engineer
will initiate the processing of the final estimate and
recommend final acceptance of the project and final payment
therefor as outlined in C8-8 .8 below.
C8-8 . 8 FINAL PAYMENT: Whenever all the improvements provided
or by the Contract Documents and all approved modifications
thereof shall have been completed and all requirements of the
Contract Documents have been fulfilled on the part of the
Contractor , a final estimate showing the value of the work
will be prepared by the Engineer as soon as the necessary
measurements, computations, and checks can be made.
All prior estimates upon which payment has been made are
subject to necessary corrections or revisions in the final
payment.
C8-8 ( 3 )
The amount of the final estimate, less previous payments and
any sum that have been deducted or retained under the
provisions of the Contract Documents, will be paid to the
Contractor within 60 days after final acceptance by the Owner
on a proper resolution of the City Council , provided the
Contractor has furnished to the Owner satisfactory evidence of
payment as follows: Prior to submission of the final estimate
for payment, the Contractor shall execute an affidavit, as
furnished by the City, certifying that all persons , firms ,
associations, corporations, or other organizations furnishing -
labor and/or materials have been paid in full, that the wage
scale established by the City Council in the City of Fort
worth has been paid , and that there are no claims pending for
personal injury and/or property damages.
The acceptance by the Contractor of the last or final payment
as aforesaid shall operate as and shall release the Owner from
all claims or liabilities under the Contract for anything done
or furnished or relating to the work under Contract Documents
or any act or neglect of said City relating to or connected
with the Contract.
The making of the final payment by the Owner shall not relieve
the Contractor of any guarantees or other requirements of the
Contract Documents which specifically continue thereafter.
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner
believes it has employed competent Engineers and designers to
prepare the Contract Documents and all modifications of the
approved Contract Documents . It is , therefore, agreed that
the Owner shall be responsible for the adequacy of its own
design features , sufficiency of the Contract Documents , the
safety of the structure , and the practicability of the
operations of the completed project, provided the Contractor
has complied with the requirements of the said Contract
Documents, all approved modifications thereof, and additions
and alterations thereto approved in writing by the Owner. The
burden of proof of such compliance shall be upon the
Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications
thereof, and all approved additions and alterations thereto.
C8-8.10 GENERAL GUARANTY: Neither the final certificate of
payment nor any provision in the Contract Documents nor
partial or entire occupancy or use of the premises by the
Owner shall constitute an acceptance of work not done in
accordance with the Contract Documents or relieve the
Contractor of liability in respect to any express warranties
or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects or damages in the work and
C8-8 (4 )
pay for any damage to other work re ing therefrom which
shall appear within a period of one a from the date of
final acceptance of the work un ess a longer period is
specified andshall furnish a good and sufficient maintenance
bond in the amount of 100 percent of the amount of the
contract which shall assure the performance of the general
guaranty as above outline . The Owner will give notice of
observed defects with reasonable promptness.
C8-8 . 11 SUBSIDIARY WORK : Any and all work specifically
governed by documentary requirements for the project , such as
conditions imposed by the Plans , the General Contract
Documents or these Special Contract Documents , in which no
specific item for bid has been provided for in the Proposal,
shall be considered as a subsidiary item of work , the cost of
which shall be included in the price bid in the Proposal, for
each bid item. Surface restoration , rock excavation and
cleanup are general items of work which fall in the category
of subsidiary work.
C8-8 . 12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish
unit prices for miscellaneous placement of material. These
materials shall be used only when directed by the Engineer,
depending on field conditions . Payment for miscellaneous
placement of material will be made for only that amount of
material used , measured to the nearest one-tenth unit .
Payment for miscellaneous placement of material shall be in
accordance with the General Contract Documents regardless of
the actual amount used for the project.
C8-8 . 13 RECORD DOCUMENTS : Contractor shall keep on record a
copy of all specifications , plans , addenda , modifications ,
shop drawings and samples at the site , in good order and
annotated to show all changes made during the construction
process . These shall be delivered to Engineer upon completion
of the work.
C8-8 (5 )
Nip
PART CS
SUPPLEMENTARY CONDITIONS
SUPPLEMENTARY CONDITIONS
FORT WORTH,WATER DEPARTMENT
WATER AND WASTEWATER TREATMENT PLANT PROJECTS
July 24,2002 (REVISED)
1. CONTRACT DOCUMENTS: In Section C1-1.2 CONTRACT DOCUMENTS,
delete Paragraph C1-1.2b SPECIAL CONTRACT DOCUMENTS and add the following:
"b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are
prepared for each specific project as a supplement to the General Contract Documents
and include the following items:
PART A- NOTICE TO BIDDERS (Advertisement) White
SPECIAL INSTRUCTION TO BIDDERS White
PART B -PROPOSAL(Bid) White
M/WBE BID SPECIFICATIONS Golden Rod
PART C -GENERAL CONDITIONS Canary Yellow
PART CS- SUPPLEMENTARY CONDITIONS Green
PART D - SPECIAL CONDITIONS Green
PART E- TECHNICAL SPECIFICATIONS White
PERMITS/EASEMENTS (Some Permits are Multicolored) White
PART F-BONDS AND INSURANCE White
PART G- CONTRACT White
PART H -PLANS/FIGURES (maybe bound separately) White"
2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire
Paragraph C 1-1.17, and replace with the following:
C1-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The
officially appointed_Director of the Transportation and Public Works Department of
the City of Fort Worth, or his duly authorized representative, assistant, or agents.
3. DIRECTOR OF ENGINEERING: Add the following paragraph after C1-1.17 and
before C1-1.18:
C1-1.17A DIRECTOR OF ENGINEERING: The officially appointed Director of the
Department of Engineering of the City of Fort Worth, referred to in the charter as the
City Engineer, or his duly authorized representative assistant, or agents.
4. ENGINEER: Delete entire Paragraph C1-1.19, and replace with the following:
The Director of the Fort Worth Department of Engineering, the Director of Fort
Worth Transportation and Public Works Department, the Director of the Fort Worth
Water Department, or their duly authorized assistants, agents, engineers, inspectors,
or superintendents, acting within the scope of the particular duties entrusted to them.
CS-1
.o
5. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as
follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and
Experience Record, all of which must be properly executed and filed with the Director of
�. the Water Department one week prior to the hour for opening of bids. Information shall
be on forms provided by the Bidder and acceptable to the City.
6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In
Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes
in the site conditions caused by factors outside of the control of the Contractor which
w occur after the Contractor's inspection and prior to installation."
7. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C - General
Conditions, Section C2-2, exchange paragraphs C2-2.7, C2-2.8, and C2-2.9 with the
following:
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security and other required material, to the
Purchasing Manager or his representative at the official location and stated time set
forth in the proposal at the proper time to the proper place. The mere fact that a
proposal was dispatched will not be considered. The Bidders must have the proposal-
actually delivered. Each proposal shall be in a sealed envelope plainly marked with
the word "PROPOSAL" and the name or description of the project designated in the
"Notice To Bidders". The envelope shall be addressed to the Purchasing Manager,
City of Fort Worth Purchasing Division, PO Box 17027,Fort Worth, Texas 76102."
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the
Purchasing Manager cannot be withdrawn prior to the time set for the opening of
proposals. A request for non consideration of a proposal must be made in writing,
addressed to the City Manager, and filed with him prior to the time set for the opening
of proposals. After all proposals not requested for non-consideration are opened and
publicly-read aloud, the proposals for which non-consideration requests have been
properly filed may, at the option of the Owner,be returned unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proposal by telegraphic communication at any time prior to the time set for
opening proposals, provided such telegraphic communication is received by the
Purchasing Manager prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly authenticated confirmation of
such telegraphic communication over the signature of the bidder was mailed prior to
the proposal opening time. If such confirmation is not received within forty-eight
(48) hours after the proposal opening time, no further consideration will be given to
the proposal.
r
CS-2
-8. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE
COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following:
C3-3.2 MINORITY BUSINESS ENTERPRISE[WOMEN BUSINESS ENTERPRISE
COMPLIANCE: Upon request, Contractor agrees to provide to Owner complete and
accurate information regarding actual work performed by a Minority Business
+� Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and
payment therefore. Contractor further agrees to permit an audit and/or examination of
any books, records or files in its possession that will substantiate the actual work
performed by an MBE and/or WBE. The misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Contractor will be
grounds for termination of the contract and/or initiating action under appropriate
federal. State or local laws or ordinances relating to false statements; further, any such
misrepresentation (other than a negligent misrepresentation) and/or commission of
fraud will result in the Contractor being determined to be irresponsible and barred
from participating in City work for a period of time of not less than three(3)years.
.� 9. C3-3.5 AWARD OF CONTRACT is modified to read as follows:
"The Owner reserves the right to withhold final action on the proposals for a
reasonable time, not to exceed the period stated for the duration of the Bid Security
stated in the Notice to Bidders or 90 days,whichever is shorter."
10. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which
begins with "No sureties", change the entire paragraph to read as follows:
"In order for a surety to be acceptable to the City, the surety must(1) hold a certificate
of authority from the United States Secretary of the Treasury to qualify as a surety on
obligations permitted or required under federal law; or (2) have obtained reinsurance
for any liability in excess of$100,000 from a reinsurer that is authorized and admitted
as a reinsurer in the state of Texas and is the holder of a certificate of authority from
the United States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under federal law. Satisfactory proof of any such reinsurance
shall be provided to the City upon request. The City, in its sole discretion, will
determine the adequacy of the proof required herein. Each bond shall be properly
executed by both the Contractor and the Bonding Company:"
11.0 INSURANCE. Change the following portions of C3-3.11 Insurance as shown
below:
11.1 INSURANCE FOR SUBCONTRACTORS: At the end of the first sentence of the
first paragraph, insert the following: " and certificates of insurance shall be delivered to
the Owner." At the end of the first paragraph of Section C3-3.11, after "and for all
subcontractors", insert the following: "The General Contractor may require all
subcontractors to be insured and submit documentation ensuring that the requirements of
C3-3.11 are met for all subcontractors. Failure of the OWNER to request required
documentation shall not constitute a waiver of the insurance requirements specified
�— CS-3
herein. The Contractor's liability shall not be limited to the specified amounts of
insurance required herein."
11.2 INSURANCE LIMITS. In Section C3-3.11, after the word "occurrence", add
"/aggregate".
11.3 COMPENSATION INSURANCE: Add the following to the end of Paragraph C3-
31 La: "Worker's compensation insurance covering employees in the project site shall be
indorsed with a waiver of subrogation providing rights of recovery in favor of the
OWNER."
11.4 COMMERCIAL GENERAL LIABILITY INSURANCE: In Paragraph C3-3.11b:
Replace the word "Comprehensive" with "Commercial" Add the following to Paragraph
C3-3.1 lb:
"Certificates of insurance shall state that Insurance is on an "occurrence" basis."
Certificate shall also contain a statement that no exclusions by endorsement have been
made to the Commercial General Liability Policy"
11.5 COMMERCIAL GENERAL LIABILITY (CGL) POLICY: Amend Paragraph
C3-3.11c, Additional Liability, as follows: by adding the following:
1. Add the following the Section 6 CONTRACTURAL LIABILITY: "The City, its
offices, employees and servants shall be endorsed as additional insured on
Contractor's insurance policies excepting employer's liability insurance coverage
under Contractor's worker's compensation insurance policy. Contractor's
insurance policies shall be indorsed to provide that such insurance is primary
protection and any self-funded or commercial coverage maintained by the
OWNER shall not be called upon to contribute to loss recovery."
2. Add the following_pazagraph:
"When required by the Contract Documents, Environmental Impairment Liability
Coverage must be provided in the limits of .$1,000,000 per occurrence and
$2,000,000 annual aggregate. The Environmental Impairment Liability (EIL)
must contain coverage for sudden and accidental contamination or pollution,
liability for gradual emissions, and clean-up costs. The E1L coverage shall
include two year completed operations coverage on a per Project basis. A
separate insurance policy may be needed to fulfill this requirement. E1L for
damages incurred in the course of transporting sludge shall be covered under the
contractor's insurance policy(s)."
.� 11.6 AUTOMOBILE INSURANCE LIMITS: Revise Paragraph C3-3.11d so that the
insurance limits are as follows:
Bodily Injury $250,000 each person
Bodily Injury $500,000 aggregate
Property Damage $100,000 aggregate
CS-4
11.7 PROOF OF CARRIAGE OF INSURANCE: Revise Paragraph C3-3.11f by
inserting the following after the first sentence: "Other than Worker's Compensation
Insurance, in lieu of specified insurance, the City may consider alternative coverage or
risk treatment measures through insurance pools or risk retention groups. The City must
approve in writing any alternative coverage."
11.8 LOCAL AGENT FOR INSURANCE AND BONDING: For Paragraph C3-3.11g,
delete entire paragraph beginning "Local Agent for Insurance and Bonding".
11.9 DEDUCTABLE LIMITS: Add the following Paragraph C3-3.1 l.g:
"DEDUCTIBLE LIMITS. The deductible limits or self-funded retention limits, on each
policy must not exceed$10,000 per occurrence unless otherwise approved by the City."
11.10 INSURANCE COMPANY: Add the following Paragraph C3-3.1 l.h:
"INSURANCE COMPANY: The insurance company with whom the Contractor's
insurance is written shall be authorized to do business in the State of Texas and shall have
a current A.M. Best Rating of"A:VII" or equivalent measure of financial strength and
solvency."
11.11 NOTIFICATION:: Add the following Paragraph C3-3.1 Li:
"NOTIFICATION. During the lifetime of this contract, the Contractor shall notify the
ENGINEER in writing, of any known loss occurrence that could give rise to a liability
claim or lawsuit or which could result in a property loss."
11.12 CANCELLATION: Add the following Paragraph C3-3.11 j:
"CANCELLATION: Insurance shall be endorsed to provide the City with a minimum of
thirty days notice of cancellation, non-renewal and/or material change in insurance policy
terms or coverage. A minimuml0 day notice shall be acceptable in the event of non-
payment of insurance premium to insurance company."
11.13 CITY RESPONSIBILITIES: Add the following paragraph to the end of Section
C3-3.11: "CITY RESPONSIBILITIES. The City shall not be responsible for direct
payment of insurance premium costs for Contractor's Insurance."
12. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.5c):
The Contractor agrees that should any change in the work of extra work be ordered, the
following applicable percentage shall be added to Material and Labor Costs to cover
overhead and profit:
1. Allowance to the Contractor for overhead and profit for extra work performed by
the Contractor's own forces shall not exceed 15%.
2. Allowance to the Contractor for overhead and profit for extra work performed by a
*' subcontractor and supervised by the Contractor shall not exceed 10%.
P
W. CS-5
• Contractor shall be reimbursed for direct field overhead when the change requires an
extension of the Contract period. Contractor shall not be reimbursed for indirect
overhead or indirect costs related to changes to this contract.
13. TESTING COSTS: Section 5-5.12,revise the first sentence to read as follows:
"Where, as called for in the Contract Documents, tests of materials or equipment are
necessary, such tests will be made at the expense of and paid for by the Contractor
unless otherwise specifically provided for in the Technical Specifications."
14. LAWS TO BE OBSERVED: Section C6-6.1, delete "or which may be enacted
later". After the word "exist," add "at the time of the Contract or may be hereafter exist
during the performance of the Contract."
15. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the
paragraph;
"Contractors are responsible for obtaining construction permits from the governing
agencies. Contractor shall schedule all code inspections with the Code Inspection
Department in accordance with the permit requirements and submit copy of updated
schedule to the Engineer weekly. Building, plumbing, electrical and mechanical
building permits are issued without charge. Water and sewer access fees will be paid
by the Water Department. Any other permit fees are the responsibility of the
Contractor."
16. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the
- word "watchmen" wherever in appears with the word "flagmen". In the first paragraph,
lines five (5) and six (6), replace "take all such other precautionary measures" with "take
all reasonable necessary measures".
-12. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire
Paragraph C6-6.12, and replacevith the following:
"C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and agrees to indemnify the City' Engineer and Architect, and
their personnel at the project site for the Contractor's sole negligence. In addition, the
Contractor covenants and agrees to indemnify, hold harmless and defend at its own
expense, the Owner, its officers, agents, servants, and employees, from and against all
claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise of, the work and services to be performed hereunder
by the Contractor, its officers, agents, employees subcontractors, licensees or invitees,
whether or not any such injury, damage or death is caused, in whole or in part, by
r the negligence or alleged negligence of the Owner, its officers, agents, servants, or
employees. Contractor likewise covenants and agrees to indemnify and hold harmless
Owner from and against any and all injuries to the Owner's officers, agents, servants;
and employees, loss or destruction of property of the Owner arising form the
performance of any of the terms and conditions of this Contract, whether or not any
I'
!"` CS-6
such injury or damage is caused, in whole or in part, by the negligence or alleged
negligence of the Owner, its officers, agents, servants, or employees
In the event the Owner receives a written claim for damages against the Contractor or
its subcontractors prior to final payment, final payment shall not be made until the
Contractor either (a) submits to the Owner satisfactory evidence that the claim has
been settled and/or a release from the claimant involved, or (b) provides the Owner
with a letter from the Contractor's liability insurance carrier that the claim has been
referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of
Fort Worth public work from a Contractor against whom a claim for damages is
�. outstanding as a result of work performed under a City Contract."
18. STATE SALES TAX:
A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety.
B. This contract is issued by an organization, which qualifies for exemption pursuant
to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax
Act. All equipment and materials not consumed by or incorporated into the project
construction are subject to State Sales Tax under House Bill 11, enacted August 15,
1991. all such taxes shall be included in the various amounts on the Proposal Form.
The successful Bidder shall be required to submit a breakdown between costs of labor,
consumable material and other construction costs and costs of material incorporated
into the project construction prior to execution of this contract.
B. At the time of execution of the Contract Documents by the Contractor, the
Contractor shall complete the "Statement of Materials and Other Charges" which
identifies the project costs anticipated in the Project into "Materials Incorporated into
-the-Project"-and "All Other Charges". The Contract shall be a"Separated Contract".
C., The City of Fort Worth will issue appropriate Certificates of Resale to the
Contractor.
D. All Change Orders to the Contract will separate charges for materials and labor
and will contain the following statement:
"For purposes of complying with Texas Tax Code, the Contractor agrees that the
charges for material incorporated into the project in excess of the estimated quantity
provided for herein will be no less than the invoice price for such material to the
Contractor."
CS-7
19. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows:
"Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day
of the month that work has been is in progress. The estimate shall be processed by the
City on the 10th day and 25th day respectively. Estimates will be paid within 25 days
following the end of the estimate period, less the appropriate retainage as set out
below. Partial pay estimates may include acceptable nonperishable materials delivered
to the work place which are to be incorporated into the work as a permanent part
thereof, but which at the time of pay estimate have not been so installed. If such
materials are included within a pay estimate, payment shall be based upon 85% of the
net invoice value thereof. The Contractor will furnish the engineer such information
as may be reasonably requested to aid in the verification or the preparation of the pay
estimate.
For contracts of less than $400,000.00 at the execution, retainage shall be ten percent
(10%). For contracts of$400,000.00 or more at the time of execution, retainage shall
be five percent (5%).
Contractor shall pay subcontractors in accord with subcontract agreement, within five
(5) business days after receipt by the Contractor of the payment by the City.
Contractor's failure to make the required payment to subcontractors will authorize the
City to withhold future payments from the Contractor until compliance with this
paragraph is accomplished.
It is understood that the partial pay estimates will be approximate only, and all partial
pay estimates and payment of the same will be subject to correction in the estimate
rendered following the discovery of an error in any previous estimate. Payment of any
partial pay estimate shall not, in any respect,be taken as an admission of the Owner of
the amount of work done or of its quality of sufficiency, or as an acceptance of the
work--done of the release of the Contractor of any of his responsibilities-under the
Contract Documents.
The City reserves the right to withhold the payment of any partial estimate if the
Contractor fails to perform the work in strict accordance with the specifications or
other provisions of this Contract."
20. RIGHT TO AUDIT: Add the following to Section C8-8:
C-8-8.14 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 normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate work space in order to
CS-8
r
„ conduct audits in compliance with the provisions of this section. 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 normal working hours to all subcontractor facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article together with subsection (c)hereof. 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:
1. 50 Copies and Under- 10 cents per page.
2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page
thereafter.” (5/25/93)
22. SCHEDULE OF COSTS: Add the following to Section C8-8:
C8-8.15 SCHEDULE OF COSTS: 'Following the completion of all work on the
Project and prior to submittal of a request for final payment, the Contractor shall
go provide a Schedule of Costs to City for approval which lists all equipment systems,
structures, building electrical and HVAC systems, overhead and project related costs.
The items will be grouped into categories using the Owner's list of category codes
4W which will be provided by the Owner at the Preconstruction Conference.
The Schedule of Costs will be used by the City as input to the Capital Assets System,
and will not be considered in preparation of modifications to the Contract. Costs
associated with the preparation and processing of this schedule of costs shall be
subsidiary to the price bid.
The Contractor will also provide a projected payment schedule tied to the project
schedule and the schedule of values which projects the monthly payments through the
end of the Project. The Payment schedule must be submitted along with the first
request for payment. This information is necessary to arrange financing of the Project
by the City.
END OF SECTION
CS-9
-
.r
PART D
SPECIAL CONDITIONS
-
-
PART D - SPECIAL CONDITIONS
D_1 AWARD OF CONTRACT. ..................
DD=2 SUBMISSION OF CONTRACT DOCUMENTS CONSTRUCTION START TIME AND
PRE-CONSTRUCTION SUBMITTALS ..............................................................................4
DD=3 GENERAL. ............................................................................................................... 5
D=4 OMIT..................................................................................................................................7
DD=5 PROJECT DESIGNATION. ...............................................................................................7
D-6 EQUAL EMPLOYMENT PROVISIONS..............................................................................7
D-7 PRE-CONSTRUCTION CONFERENCE............................................................................7
DD=8 COORDINATION MEETINGS ..........................................................................................7
D-9 OMIT...................................
D-10 BREAKDOWN OF BID PROPOSAL............................................
D-11 PROJECT CLEAN UP ......................................................................................................7
D-12 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW.....................8
D-13 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ...........10
D-14 CALENDAR DAY.............................................................................................................12
D-15 SUBSIDIARY WORK.................................................................... . . .12
13-16 WAGE RATES. ...............................................................................................................12
D-17 EASEMENTS AND PERMITS..........................................................................................14
D-18 COORDINATION WITH FORT WORTH WATER DEPARTMENT...................................15
D-19 DAMAGE TO PRIVATE PROPERTY.................. ..15
...........................................................
D-20 SHOP DRAWINGS..........................................................................................................15
D-21 CROSSING OF EXISTING UTILITIES.............................................................................16
D-22 EXISTING UTILITIES AND IMPROVEMENTS
D-23 CONSTRUCTION TRAFFIC OVER PIPELINES..............................................................17
D-24 TRAFFIC CONTROL ......................................................................................................17
D-25 PAYMENT .......................................18
D-26 OMIT. ..............................................................................................................................18
D-27 DETOURS ......................................................................................................................18
D-28 BARRICADES AND WARNING SIGNS...........................................................................18
D-29 EXAMINATION OF SITE ................................................................................................18
D-30 ZONING COMPLIANCE .................................................................................................18
D-31 WATER FOR CONSTRUCTION......................................................................................19
D-32 WASTE MATERIAL ........................................................................................................19
D-33 CLEANUP FOR FINAL ACCEPTANCE ...........................................................................19
D-34 PROPERTY ACCESS......................................................................................................19
D-35 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK.....................................19
D-36 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES................................19
D-37 OMIT. ..............................................................................................................................20
D-38 SANITARY FACILITIES FOR WORKERS.......................................................................20
D-39 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC...................................20
D-40 RIGHT TO AUDIT............................................................................................................20
D-41 BID QUANTITIES ............................................................................................................20
D-42 CUTTING OF CONCRETE..............................................................................................21
D-43 PROJECT DESIGNATION SIGN.....................................................................................21
D-44 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT..........................................21
D-45 MISCELLANEOUS PLACEMENT OF MATERIAL...........................................................21
D-46 TYPE "C" BACKFILL. ......................................................................................................22
D-47 CRUSHED LIMESTONE BACKFILL................................................................................22
D-48 2:27 CONCRETE.............................................................................................................22
D-49 TRENCH EXCAVATION, BACKFILL, AND COMPACTION.............................................22
05114102 SC-1
PART D - SPECIAL CONDITIONS
D-50 PAVEMENT REPAIR (E2-19)..........................................................................................24
D-51 TRENCH SAFETY SYSTEM FOR WATER DEPARTMENT PROJECTS ONLY..............25
D-52 NOT USED .....................................................................................................................26
D-53 NOT USED .....................................................................................................................26
D-54 NOT USED .....................................................................................................................26
D-55 NOT USED......................................................................................................................26
D-56 DETECTABLE WARNING TAPES...................................................................................26
D-57 PIPE CLEANING .............................................................................................................26
D-58 BARRICADES, WARNINGS, AND FLAGMEN.................................................................26
D-59 DISPOSAL OF SPOIL/FILL MATERIAL...........................................................................27
D-60 MECHANICS AND MATERIALMEN'S LIEN ....................................................................27
D-61 SUBSTITUTIONS ...........................................................................................................27
D-62 NOT USED......................................................................................................................27
D-63 NOT USED......................................................................................................................27
D-64 NOT USED......................................................................................................................27
D-65 NOT USED .....................................................................................................................28
s
D-66 SAMPLES AND QUALITY CONTROL TESTING.............................................................28
D-67 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL..............28
D-68 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ............................29
D-69 PROTECTION OF TREES, PLANTS AND SOIL 29
D-70 SITE RESTORATION......................................................................................................
D-71 CITY OF FORT WORTH STANDARD PRODUCT LIST..................................................30
D-72 NOT USED......................................................................................................................30
D-73 TOPSOIL, SODDING, SEEDING & HYDROMULCHING................................................30
D-74 CONFINED SPACE ENTRY PROGRAM.........................................................................35
D-75 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION................................35
D-76 EXCAVATION NEAR TREES..........................................................................................36
D-77 CONCRETE ENCASEMENT OF WATERLINE AND SEWER PIPE................................37
D-78 CLAY DAM ......................................................................................................................37
D-79 EXPLORATORY EXCAVATION (D-HOLE)......................................................................37 i
D-80 INSTALLATION OF WATER FACILITIES........................................................................37
80.1 Polyvinyl Chloride (PVC)Water Pipe ...........................................................................37
80.2 Blocking .......................................................................................................................38
80.3 Type of Casing Pipe.....................................................................................................38
80.4 Tie-Ins..........................................................................................................................38
80.5 Connection of Existing Mains.......................................................................................38
80.6 Valve Cut-Ins ...............................................................................................................39
80.7 Water Services. ...........................................................................................................39 E
80.8 2-Inch Temporary Service Line....................................................................................41
80.9 Adjust Manholes, and Vaults (Utility Cut).....................................................................42
80.10 Adjust Water Valve Boxes............................................................................................42
80.11 Purging and Sterilization of Water Lines ......................................................................42
80.12 Work Near Pressure Plane Boundaries..............................................
80.13 Water Sample Station..................................................................................................43
80.14 Ductile Iron and Gray Iron Fittings......................................................
D-81 SPRINKLING FOR DUST CONTROL. ............................................................................44
D-82 DEWATERING.................................................................................................................44
D-83 TRENCH EXCAVATION ON DEEP TRENCHES.............................................................44
D-84 TREE PRUNING. ............................................................................................................44
D-85 TREE REMOVAL.............................................................................................................45
05/14/02 SC-2
PART D - SPECIAL CONDITIONS
D-86 TEST HOLES ...............................................................................................................45
D-87 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION .............................46
D-88 TRAFFIC BUTTONS. ......................................................................................................46
D-89 NOT USED .....................................................................................................................46
D-90 TEMPORARY PAVEMENT REPAIR................................................................................47
05114102 SC-3
PART D - SPECIAL CONDITIONS
This Part D—Special Conditions is complimentary to Part C—General Conditions of the .�
Contract. Anything contained in this Part D that is additive to any provision in Part C — General
Conditions of the Contract are to be read together. Any conflict between Part C —General
Conditions of the Contract and this Part D, Part D shall control.
FOR: LAKE WORTH SOUTH SHORE WATERLINE IMPROVEMENTS PART 2
CITY FORT WORTH, TEXAS
DOE PROJECT NO. 3699 WATER PROJECT NO. P160-060160501090
D-1 AWARD OF CONTRACT
The City reserves the right to abandon without obligation to the contractor, any part of the project,
or the entire project, at any time before the contractor begins any construction work authorized by
the City. Award, if made, shall be to the lowest responsible bidder.
The following shall apply for contract documents with multiple units of work. Each unit represents
a separate project, each with an individual M/WBE specification and proposal section. The
proposal sections are arranged to allow prospective bidders to submit bids on one unit, some of
the units, or all of the units. Award of contract(s), if made, shall be to the lowest responsible
bidder for each individual unit. If a contractor is the low bidder on two units or more, a single set
of contract documents consisting of all applicable units will be created and one single award of
contract shall be made. The Contractor shall comply with the City's M/WBE Ordinance on each
unit. Bidders shall submit individual and separate monthly M/WBE reports for each Unit included
in the Contract.
Construction time on all units will run concurrently. For situations involving approved contracts
with multiple units, the total allowable construction completion time period for all the units shall be
the same as the unit with the longest construction time period.
D-2 SUBMISSION OF CONTRACT DOCUMENTS, CONSTRUCTION START TIME AND
PRE-CONSTRUCTION SUBMITTALS
The contractor(s) shall execute and return the contract documents to the Department of
Engineering within ten (10) working days after notification by the City.
A Pre-Construction meeting date will be established and noted in the Letter to Contractor. The
effective work order date will be set at the pre-construction conference.
The contractor(s) shall be required to start construction on the project no later than ten (10)
calendar working days after the pre-construction meeting date, unless a different date is
established in a Notice to Proceed. The City shall begin to charge time on the project to the
contractor eleven days after the pre-construction meeting date, unless a different date is
established in a Notice to Proceed.
Per City ordinance 13471, as amended by Ordinance No. 13781, the contractor(s) shall submit
the letters of intent or a copy of the agreements with certified M/WBE subcontractor(s) at or
before the pre-construction conference. To expedite M/WBE compliance contractors are strongly
encouraged to submit the executed letters of intent (with M/WBE subcontractors) at the time of
submittal of the UTILIZATION FORM or GOOD FAITH EFFORT FORM. The letter(s) must be
signed by both parties. If the contractor(s) fails to submit the letter(s) or agreement(s), the
05(14102 SC-4
PART D - SPECIAL CONDITIONS
contractor(s) will not be allowed to begin work. Time on the project will start to accumulate at the
end of the ten (10) days as stipulated above.
Additional submittals at time of pre-construction meeting shall include (but not limited to):
Contractors Work Plan and Schedule
Disposal Site for Waste Material Information
Sub-Contractor Identification
Trench Safety Design (if required)
Confined Space Entry Program
Name and number of a responsible person for off hour emergencies
Project schedule which must reflect a project completion date to be determined by the
completion time period stipulated in the proposal section.
The pre-construction conference is intended as a forum between the contractor and the
appropriate City staff to go over the project in detail and to afford the contractor the opportunity to
submit all the required documents listed above.
If the contractor fails to submit any of the required documents, the contractor will not be allowed
to begin work; however contract time shall begin as stipulated in this paragraph.
D-3 GENERAL
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily,
follow the guidelines listed below:
1. Plans
2. Contract Documents
3. Special Conditions
The following Special Conditions shall be applicable to this project and shall govern over any
conflicts with the General Contract Documents under the provisions stated above. The
Contractor shall be responsible for defects in this project due to faulty materials and
workmanship, or both, for a period of one (1) year from date of final acceptance of this project by
the City of Fort Worth and will be required to replace at his expense any part or all of this project
which becomes defective due to these causes.
Subject to modifications as herein contained, the Fort Worth Water Department's General
Contract Documents and General Specifications, with latest revisions, are made a part of the
General Contract Documents for this project. The Plans, these Special Contract Documents and
the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers
name, or identification include therein as specifying, referring or implying product control,
performance, quality, or other shall be binding upon the contractor. The specifications and
drawings shall be considered cooperative; therefore, work or material called for by one and not
shown or mentioned in the other shall be accomplished or furnished in a faithful manner as
though required by all.
Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-
qualified with the Water Department to perform such work in accordance with procedures
05/14/02 SC-5
PART D - SPECIAL CONDITIONS
described in the current Fort Worth Water Department General Specifications, which general
specifications shall govern performance of all such work.
This contract and project, where applicable, may also be governed by the two following published
specifications,.except as modified by these Special Provisions:
1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -
CITY OF FORT WORTH
2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH
CENTRALTEXAS
Any conflict between these contract documents and the above 2 publications shall be resolved in
favor of these contract documents.
A copy of either of these specifications may be purchased at the office of the Transportation and
Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth,
Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the
pay item by the designer. If not shown, then applicable published specifications in either of these
documents may be followed at the discretion of the Contractor. General Provisions shall be
those of the Fort Worth document rather than Division 1 of the North Central Texas document.
Bidders shall not separate, detach or remove any portion, segment or sheets from the
contract document at any time. Failure to bid or fully execute contract without retaining
contract documents intact may be grounds for designating bids as "non-responsive" and
rejecting bids or voiding contract as appropriate as determined by the City Engineer.
INTERPRETATION AND PREPARATION OF PROPOSAL:
A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered,
accompanied by its proper Bid Security, to the Purchasing Manager or his representative at
the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole
responsibility to deliver the proposal at the proper time to the proper place. The mere fact
that a proposal was dispatched will not be considered. The Bidders must have the proposal
actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word ..
"PROPOSAL", and the name or description of the project as designated in the "Notice to
Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth
Purchasing Division, PO Box 17027, Fort Worth, Texas 76102.
B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot
be withdrawn prior to the time set for opening proposals. A request for non-consideration of a _
proposal must be made in writing, addressed to the City Manager, and filed with him prior to
the time set for the opening of proposals. After all proposals not requested for non-
consideration are opened and publicly read aloud, the proposals for which non-consideration
requests have been properly filed may, at the option of the Owner, be returned unopened.
C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by
telegraphic communication at any time prior to the time set for opening proposals, provided
such telegraphic communication is received by the Purchasing Manager prior to the said
proposal opening time, and provided further, that the City Manager is satisfied that a written
0514102 SC-6
PART D - SPECIAL CONDITIONS
and duly authenticated confirmation of such telegraphic communication over the signature of
the bidder was mailed prior to the proposal opening time. If such confirmation is not received
within forty-eight (48) hours after the proposal opening time, no further consideration will be
given to the proposal.
D-4 OMIT
D-5 PROJECT DESIGNATION
Construction under these Special Documents shall be performed under the Project Designation:
Water Project No. P160-060160501090, DOE No. 3699
D-6 EQUAL EMPLOYMENT PROVISIONS
Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance
Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination
in employment practices.
The Contractor shall post the required notice to that effect on the project site, and at his request,
will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer
any qualified applicant he may have on file in his office to the Contractor. Appropriate notices
may be acquired from the Equal Employment Officer.
D-7 PRE-CONSTRUCTION CONFERENCE
Before the project work order is issued, a pre-construction conference shall be held with
representatives of the following agencies present: City Engineering Department, City Water
Department, City Public Works Department, other interested City Departments (such as Traffic),
interested utility companies (such as gas, telephone, and electric), Design Engineer and the
„ successful Contractor. Contractor shall submit a schedule of operations at the pre-construction
conference.
D-8 COORDINATION MEETINGS
For coordination purposes, weekly meetings at the job site may be required to maintain the
project on the desired schedule. The Contractor shall be present at all meetings.
D-9 OMIT
D-10 BREAKDOWN OF BID PROPOSAL
When requested by the Engineer, the Contractor shall furnish a cost breakdown of those bid
items shown in the Proposal as lump sum items. This information is for use in the preparation of
a recommendation to the City for award of contract.
D-11 PROJECT CLEAN UP
The Contractor shall be aware that keeping the project site in a neat and orderly condition is
considered an integral part of the contracted work and as such shall be considered subsidiary to
the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work
progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be
done on a daily basis. Clean up work shall include, but not be limited to:
05114102 SC-7
PART D - SPECIAL CONDITIONS
MW
1. Sweeping the street clean of dirt or debris
2. Storing excess material in appropriate and organized manner
3. Keeping trash of any kind off of resident's property
Each day as work progresses, Contractor shall store materials and clean up the work site so as
to minimize interruption of the use and enjoyment of private property. Additionally, as work is
completed on any particular private property, the contractor shall restore that property to the
condition it was in prior to the work, as well as make the necessary repair or replacement of any
damage.
If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next
estimate payment (and all subsequent payments until completed) the appropriate bid item(s) will
be reduced by 25%.
D-12 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
A. Definitions:
1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the ..
duration of the project.
2. Duration of the project- includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
3. Persons providing services on the project ("subcontractor" in §406.096)- includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor, transportation,
or other services related to a project. "Services" does not include activities unrelated to
the project, such as food/beverage vendors, office supply deliveries, and delivery of "
portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor
providing services on the project, for the duration of the project. -F
C. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
05114102 SC-8
PART D - SPECIAL CONDITIONS
new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The Contractor shall obtain from each person providing services on a project, and provide the
governmental entity:
1. A certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have.on file certificates of coverage showing coverage for all
persons providing services on the project; and
2. No later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within ten (10) days after the contractor knew or should have known„ of any change
that materially affects the provision of coverage of any person providing services on the
project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
1. Provide coverage, based on proper reporting on classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the Contractor:
a.) A certificate of coverage, prior to the other person beginning work on the project; and
b.) A new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage
ends during the duration of the project.
05114102 SC-9
PART D - SPECIAL CONDITIONS
5. Retain all required certificates of coverage on file for the duration of the project and for
one year thereafter.
6. Notify the governmental entity in writing by certified mail or personal delivery, within ten
(10) days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as required by
paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom
they are providing services.
8. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative, criminal, civil
penalties or other civil actions.
9. The contractor's failure to comply with any of these provisions is a breach of contract by
the contractor which entitles the governmental entity to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
J. The contractor shall post a notice on each project site informing all persons providing services
on the project that they are required to be covered, and stating how a person may verify
current coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least
30 point bold type and text in at least 19 point normal type, and shall be in both English and —
Spanish and any other language common to the worker population. The text for the notices
shall be the following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage".
D-13 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE '
In accordance with City of Fort Worth Ordinance No. 11923, as amended by City of Fort Worth
Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business
0514102 SC-10
PART D - SPECIAL CONDITIONS
enterprises and women business enterprises in City contracts. The Ordinance is incorporated in
these specifications by reference. A copy of the Ordinance may be obtained from the Office of
the City Secretary. Failure to comply with the ordinance shall be a material breach of contract.
The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH
EFFORT FORM, as applicable, must be submitted within five (5) city business days after bid
opening. Failure to comply shall render the bid non-responsive.
Upon request, contractor agrees to provide the City complete and accurate information regarding
actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and
payment thereof. Contractor further agrees to permit an audit and/or examination of any books,
records or files in its possession that will substantiate the actual work performed by an MBE
and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Contractor will be grounds for termination of the contract and/or
initiating action under appropriate federal, state, or local laws or ordinances relating to false
statement. Further, any such misrepresentation (other than a negligent misrepresentation)
and/or commission of fraud will result in the Contractor being determined to be irresponsible and
barred from participating in City work for a period of time of not less than three years.
The City will consider the contractor's performance regarding its M/WBE program in the
evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good
faith effort", shall result in a bid being rendered non-responsive to specifications.
Contractor shall provide copies of subcontracts or co-signed letters of intent with approved
M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide
monthly reports on utilization of the subcontractors to the City's M/WBE office.
The Contractor may count first and second tier subcontractors and/or suppliers toward meeting
the goals. The Contractor may count toward its goal a portion of the total dollar amount of the
contract with a joint venture equal to the percentage of the M/WBE participation in the joint
venture for a clearly defined portion of the work to be performed. All M/WBE contractors used in
meeting the goals must be certified prior to the award of the Contract. The M/WBE contractor(s)
must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or
Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine
(9) county marketplace at time of bid. The Contractor shall contact all such M/WBE
subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms
as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening
may result in the rejection of bid as non-responsive.
Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE
shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the
original contract, the M/WBE coordinator shall determine the goals applicable to the work to be
performed under the change order.
During the term of the contract the contract shall:
1. Make no unjustified changes or deletions in it's M/WBE participation commitments
submitted with or subsequent to the bid, and,
0514102 SC-11
PART D - SPECIAL CONDITIONS
2. If substantial subcontracting and/or substantial supplier opportunities arise during the term
of the contract which the contractor had represented he would perform with his forces, the
contractor shall notify the City before subcontracts or purchase orders are let, and shall be
required to comply with modifications to goals as determined by the City, and ,
3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to
change or delete any of the M/WBE subcontractors or suppliers. Justification for change
may be granted for the following:
a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation
Insurance.
b. Failure of Subcontractor to provide required general liability of other insurance.
c. Failure of Subcontractor to execute a standard subcontract form in the amount of the
proposal used by the Contractor in preparing his M/WBE Participation plan.
d. Default by the M/WBE subcontractor or supplier in the performance of the
subcontractor.
Within ten (10) days after final payment from the City, the contractor shall provide the
M/WBE Office with documentation to reflect final participation of each subcontractor and
supplier used on the project, inclusive of M/WBEs.
D-14 CALENDAR DAY
i
Delete paragraph C1-1.24, in Part C-General Conditions, in its entirety and substitute the
following new paragraph:
C1-1.24 Calendar Day: A Calendar day is any day of the week or month. All calendar
days are counted in computing contract time and for determining liquidated damages, if
any; however, the Contractor will not be allowed to work on Sundays or any holidays
observed by the City of Fort Worth.
D-15 SUBSIDIARY WORK
Any and all work specifically governed by documentary requirements for the project, such as
conditions imposed by the Plans, the General Contract Documents or these Special Contract
Documents, in which no specific item for bid has been provided for in the Proposal, shall be
considered as a subsidiary item of work, the cost of which shall be included in the price bid in the
Proposal for each bid item, including but not limited to surface restoration, removal and
replacement of fencing, and cleanup.
D-16 WAGE RATES
The labor classifications and minimum wage rates set forth herein have been predetermined by
the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as
being the prevailing classifications and rates that shall govern on all work performed by the
Contractor or any Subcontractor on the site of the project covered by these Contract Documents.
In no event shall less than the following rates of wages be paid. (Attached)
CITY OF FORT WORTH
_
05114102 SCA 2
PART D - SPECIAL CONDITIONS
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 2000
CLASSIFICATION RATE CLASSIFICATION RATE
Air Conditioning Mechanic $15.98 Laborer Skilled $10.35
Air Conditioning Mechanic Helper $10.75 Lather $14.00
Acoustic Ceiling Installer $14.02 Lather Helper $11.00
Acoustic Ceiling Installer Helper $10.88 Metal Building Assembler $10.00
Asbestos Worker $10.50 Metal Building Assembler Helper $ 8.70
Bricklayer/Stone Mason $17.21 Painter $12.83
Bricklayer/Stone Mason Helper $10.16 Painter Helper $ 8.35
_ Carpenter $13.92 Pipefitter $17.60
Carpenter Helper $10.38 Pipefitter Helper $10.18
Concrete Finisher $12.68 Plasterer $16.00
Concrete Finisher Helper $ 9.73 Plasterer Helper $11.00
Concrete Form Builder $11.97 Plumber $16.91
Concrete Form Builder Helper $ 9.42 Plumber Helper $ 9.75
Drywall Taper $11.33 Reinforcing Steel Setter $10.40
Drywall Taper Helper $ 8.00 Roofer $11.87
Electrician Journeyman $17.46 Roofer Helper $ 8.33
Electrician Helper $11.30 Sheet Metal Worker $14.45
Electronic Technician $12.50 Sheet Metal Worker Helper $ 9.57
Electronic Technician Helper $ 8.50 Sheetrock Hanger $12.45
Floor Layer(Carpet) $17.00 Sheetrock Hanger Helper $ 9.64
- Floor Layer(Resilient) $16.00 Sprinkler System Installer $16.87
Floor Layer Helper $13.50 Sprinkler System Installer Helper $10.13
Glazier $15.02 Steel Worker Structural $11.36
Glazier Helper $10.90 Steel Worker Structural Helper $ 8.80
Insulator $12.04 Welder $14.70
Insulator Helper $ 9.40 Welder Helper $11.74
Laborer Common $ 7.85
CLASSIFICATION RATE CLASSIFICATION RATE
HEAVY EQUIPMENT OPERATORS
a Crane, Clamshell, Backhoe, Derrick $12.50 Foundation Drill Operator $13.00
Dragline, Shovel Front End Loader Operator $11.22
Forklift Operator $ 9.63 Truck Driver $10.31
HIGHWAY (HEAVY) CONSTRUCTION
Asphalt Raker $10.32 Front End Loader(2 Y2 CY & Less) $ 9.94
Asphalt Shoveler $ 9.75 Front End Loader(over 2 Y2 CY) $ 9.32
Batching Plant Weigher $ 9.65 Milling Machine Operator $ 8.00
Carpenter(Rough) $13.64 Mixer $11.00
Concrete Finisher-Paving $10.16 Motor Grader Operator(Fine Grade) $12.31
Concrete Finisher Helper $ 9.70 Motor Grader Operator $13.75
05114102 SC-13
PART D - SPECIAL CONDITIONS
(Paving) Pavement Marking Machine $11.00 —
Concrete Finisher-Structures $13.44 Roller, Steel Wheel Plant-Mix
Flagger $ 7.00 Pavements $ 9.88
Form Builder-Structures $13.44 Roller, Steel Wheel Other Flatwheel
Form Setter-Paving & Curbs $10.25 or Tamping $12.12
Form Setter-Structures $ 9.75 Roller, Pneumatic, Self-Propelled
Laborer-Common $ 7.64 Scraper $ 8.02
Laborer-Utility $ 8.64 Traveling Mixer $10.00
Mechanic $13.25 Reinforcing Steel Setter(Paving) $ 9.75
Servicer $10.13 Truck Driver-Single Axle (Light) $ 8.00 �.
Pipe Layer $ 7.35 Truck Driver-Tanden Axle
Pipe Layer Helper $ 6.75 Semi-Trailer $10.22
Asphalt Distributor Operator $11.45 Truck Driver-Lowboy/Float $10.54
Asphalt Paving Machine Truck Driver-Transit Mix $10.63
Operator $11.09 Truck Driver-Winch $ 9.80
Concrete Paving Saw $10.53
Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
(< 1 1/2 CY) $10.00
Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
(> 1 1/2 CY) $11.52
D-17 EASEMENTS AND PERMITS
The performance of this contract requires certain temporary construction, right-of-entry
agreements, and/or permits to perform work on private property.
The City has attempted to obtain the temporary construction and/or right-of-entry agreements for
properties where construction activity is necessary on City owned facilities, such as sewer lines ..
or manholes. For locations where the City was unable to obtain the easement or right-of-entry, it
shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject
property. This shall be subsidiary to the contract. The agreements which the City has obtained
are available to the Contractor for review by contacting the plans desk at the Department of
Engineering, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain
written permission from property owners to perform such work as cleanout repair and sewer
service replacement on private property. Contractor shall adhere to all requirements of
Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to
the agreement terms along with any special conditions that may have been imposed on these
agreements, by the property owners.
The easements and/or private property shall be cleaned up after use and restored to its original
condition or better. In event additional work room is required by the Contractor, it shall be the
Contractor's responsibility to obtain written permission from the property owners involved for the
use of additional property required. No additional payment will be allowed for this item.
The City has obtained the necessary documentation for railroad and/or highway permits required
for construction of this project. The Contractor shall be responsible for complying with all
provisions of such permits, including obtaining the requisite insurance, and shall pay any and all
costs associated with or required by the permit(s). It is the Contractor's responsibility to provide
the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen .�
OY14102 SC-14
PART D - SPECIAL CONDITIONS
during construction in.railroad/agency right-of-way. Any and all costs associated with compliance
with permits(s) including payment for flagmen shall be subsidiary to the project price. No
additional payment will be allowed for this item.
D-18 COORDINATION WITH FORT WORTH WATER DEPARTMENT
During the construction of this project, it will be necessary to deactivate, for a period of time,
existing lines. The Contractor shall be required to coordinate with the Water Department to
determine the best times for deactivating and activating those lines.
D-19 DAMAGE TO PRIVATE PROPERTY
The Contractor shall immediately repair or replace any damage to private property, including but
y not limited to fences, walls, pavement and water and sewer services, at no cost to the Owner.
This shall be subsidiary to the contract and not a separate pay item.
D-20 SHOP DRAWINGS
Shop drawings shall be submitted by the Contractor to the Construction Engineer, for all
equipment and materials for this project. Contractor shall submit seven (7) copies of shop
drawings, layouts, manufacturer's data and material schedules as may be required by the
Engineer for his review. Such review by the Engineer shall include checking for general
conformance with the design concept of the project and general compliance with information
given in the General Contract Documents. Indicated action by the Engineer, which may result
from his review, shall not constitute concurrence with any deviation from the plans and
specifications unless such deviations are specifically identified by the method described below,
and further shall not relieve the Contractor of responsibility for errors or omissions in the
submitted data. Processed shop drawing submittal are not change orders. The purpose of
submittals, by the Contractor, is to demonstrate that the Contractor understands the design
concept, and that he demonstrates his understanding by indicating which equipment and
materials he intends to furnish and install, and by detailing the fabrication and installation
methods he intends to use. If deviations, discrepancies or conflicts between submittals and the
design drawings and/or specifications are discovered, either prior to or after submittals are
processed, the design drawings and specifications shall govern. The Contractor shall be
responsible for all dimensions which are to be confirmed and correlated at the job site, fabrication
processes and techniques of construction, coordination of his work with that of other trades and
satisfactory performance of his work. The Contractor shall check and verify all measurements
and review submittals prior to submittal, and sign or initial a statement included with the submittal,
which signifies compliance with the plans and specifications and dimensions suitable for the
application. Any deviation from the specified criteria shall be expressly stated in writing in the
submittal.
Shop drawings shall be submitted for the following items prior to installation:
1. All pipe
2. Reinforced steel fabrication for structures
3. Cast Iron structural appurtenances
Shop drawings must be approved in writing by the Engineer prior to the start of work.
05114102 SC-15
PART D - SPECIAL CONDITIONS
D-21 CROSSING OF EXISTING UTILITIES
Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or
proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet
barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made water tight or be -
constructed of-ductile iron pipe. The required length of replacement shall be determined by the
Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51
Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall
be extra strength cast iron soil pipe with. polyethylene wrapping. Adapter fittings shall be a
urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps.
Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary
work, the cost of which shall be included in the price bid in the Proposal for each bid item.
D-22 EXISTING UTILITIES AND IMPROVEMENTS
The plans show the locations of all known surface and subsurface structures. However, the
Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or
to show them in their exact location. It is mutually agreed that such failure shall not be
considered sufficient basis for claims for additional compensation for extra work or for increasing
the pay quantities in any manner whatsoever.
The Contractor shall be responsible for verifying the locations of and protecting all existing
utilities, service lines, or other property exposed by his construction operations. Contractor shall
make all necessary provisions for the support, protection, relocation, and/or temporary relocation
of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines,
electrical cables, drainage pipes, and all other utilities and structures both above and below
ground during construction. The Contractor is liable for all damages done to such existing
facilities as a result of his operations and any and all cost incurred for the protection and/or
temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall
be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION
WILL BE ALLOWED.
Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or
repair the utilities or service lines with the same type of original material and construction, or
better, unless otherwise shown or noted on the plans, at his own cost and expense. The
Contractor shall immediately notify the Owner of the damaged utility or service line. He shall
cooperate with the Owners of all utilities to locate existing underground facilities and notify the
Engineer of any conflicts in grades and alignment.
Any and all permanent structures such as parking lot surface, fencing, and like structures on
either public or private property shall be replaced at no cost to the City by material of equal value
and quality as that damaged.
In case it is necessary to change or move the property of any owner of a public utility, such
property shall not be moved or interfered with until ordered to do so by the Engineer. The right is
reserved to the owner of public utilities to enter upon the limits of the project for the purpose of
making such changes or repairs of their property that may be made necessary by performance of
this contract.
The utility lines and conduits shown on the plans are for information only and are not guaranteed
by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on
05114M2 SC-16
PART D - SPECIAL CONDITIONS
the plans as the best.information available at the time of design, from the owners of the utilities
involved and from evidences found on the ground.
D-23 CONSTRUCTION TRAFFIC OVER PIPELINES
It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe
under shallow bury conditions. It will be the responsibility of the Contractor to protect both the
new line and the existing lines from these possibly excessive loads. The Contractor shall not, at
any time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damage
to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's
expense, to the satisfaction of the City.
In locations where it is not permissible to cross the existing or proposed pipes without additional
protection the Contractor may elect to provide additional protection of the pipes so that more
frequent crossings of the pipes are allowed. It still is, however, the responsibility of the
Contractor to repair any damage to the existing or proposed lines, if the damage results from any
phase of his construction operation.
D-24 TRAFFIC CONTROL
The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of
the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for
providing traffic control during the construction of this project consistent with the provisions set
forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and
Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on
Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section
Nos. 27, 29, 30 and 31.
A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer
at (817) 871-8770 at least 10 working days prior to the pre-construction conference. Although
work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin
in accordance with the time frame established in the Notice to the Contractor.
s
The Contractor will not remove any regulatory sign, instructional sign, street name sign or other
sign which has been erected by the City. If it is determined that a sign must be removed to
permit required construction, the Contractor shall contact the Transportation and Public Works
Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the
case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign
meeting the requirements of the above-referenced manual and such temporary sign must be
installed prior to the removal of the permanent sign. If the temporary sign is not installed
correctly or if it does not meet the required specifications, the permanent sign shall be left in
place until the temporary sign requirements are met. When construction work is completed to the
extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs
and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place
until such reinstallation is completed.
The Contractor shall limit his work within one continuous lane of traffic at a time to minimize
interruption to the flow of traffic.
05N4102 SC-17
PART D - SPECIAL CONDITIONS
Work shall not be performed on certain locations/streets during "peak traffic periods" as -
determination by the City Traffic Engineer and in accordance with the applicable provision of the
"City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas."
The cost of the traffic control is subsidiary work and the cost of same shall be included in the
price bid for pipe complete in place as bid in the Proposal, and no other compensation will be
allowed.
D-25 PAYMENT
Payment for all work and material involved in salvaging, abandoning, and/or removing of existing
facilities shall be included in the linear foot bid price of the pipe except as follows:
1. Separate payment will be made for removal of all fire hydrants, gate valves 16-inch and
larger, and sanitary sewer manholes regardless of location.
2. Payment will be made for salvaging, abandoning, and/or removing of all other existing
facilities when said facility is not being replaced in the same trench, i.e., when removal
requires a separate trenching operation.
D-26 OMIT
D-27 DETOURS
The Contractor shall prosecute his work in such a manner as to create a minimum of interruption
to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the
project area.
D-28 BARRICADES AND WARNING SIGNS
Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and
Warning and/or Detour Signs," Item 524, and/or as shown on the plans. Construction signing and
barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No.
1" or latest edition there of.
D-29 EXAMINATION OF SITE
It shall be the responsibility of the prospective bidder to visit the project site and make such
examinations and explorations as may be necessary to determine all conditions which may affect
construction of this project. Particular attention should be given to methods of providing ingress
and egress to adjacent private and public properties, procedures for protecting existing
improvements and disposition of all materials to be removed. Proper consideration should be
given to these details during the preparation of the Proposal and all unusual conditions which
may give rise to later contingencies should be brought to the attention of the Owner prior to the
submission of the Proposal.
D-30 ZONING COMPLIANCE
During the construction of this project, the Contractor shall comply with present zoning
requirements of the City of Fort Worth in the use of vacant property for storage purposes.
0&14102 SC-18
PART D - SPECIAL CONDITIONS
D-31 WATER FOR CONSTRUCTION
Water for construction will be furnished by the Contractor at his own expense.
D-32 WASTE MATERIAL
All waste material shall become the property of the Contractor and shall be disposed of by the
Contractor at locations approved by the Engineer. All material shall be disposed of in such a
manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to
street improvements or to abutting property.
D-33 CLEANUP FOR FINAL ACCEPTANCE
Final cleanup work shall be done for this project as soon as all construction has been completed.
No more than seven days shall elapse after completion of construction before the roadway, right-
of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make
a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its
representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or
concrete and other construction materials, and in general preparing the site of the work in an
orderly manner and appearance. Final acceptance of the completed project work shall be given
by the City of Fort Worth Department of Engineering.
D-34 PROPERTY ACCESS
Access to adjacent property shall be maintained at all times unless otherwise directed by the
Engineer.
D-35 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK
Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a
schedule outlining the anticipated time for each phase of construction with starting and
completion dates, including sufficient time being allowed for cleanup.
D-36 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES
The following procedures will be followed regarding the subject item on this contract:
-. 1. A warning sign not less than five inches by seven inches, painted yellow with black letters
that are legible at twelve feet shall be placed inside and outside vehicles such as cranes,
derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus.
The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS
EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES."
2. Equipment that may be operated within ten feet of high voltage lines shall have insulating
cage-type of guard about the boom or arm, except back hoes or dippers, and insulator
links on the lift hook connections.
3. When necessary to work within six feet of high voltage electric lines, notification shall be
given the power company (TXU) who will erect temporary mechanical barriers, de-
energize the lines, or raise or lower the lines. The work done by the power company shall
not be at the expense of the City of Fort Worth. The notifying department shall maintain
an accurate log of all such calls to TXU, and shall record action taken in each case.
05114102 SC-19
PART D - SPECIAL CONDITIONS
4. The Contractor is required to make arrangements with the TXU company for the
temporary relocation or raising of high voltage lines at the Contractor's sole cost and
expense.
5. No person shall work within six feet of a high voltage line without protection having been
taken as outlined in Paragraph (3).
D-37 OMIT
D-38 SANITARY FACILITIES FOR WORKERS
Specific attention is directed to Section C6-6.4 of Part C— General Conditions of the Contract.
D-39 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
The Contractor's particular attention is directed to the requirements of Section C-6-6, "Legal
Relations and Responsibilities to the Public" of Part C—General Conditions of the Contract.
D-40 RIGHT TO AUDIT
A. Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this contract have access to and the right to examine and photocopy any directly
pertinent books, documents, papers and records of the Contractor involving transactions
relating to this contract. Contractor agrees that the City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. The City shall give Contractor reasonable advance notice of intended audits. T
B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect
that the subcontractor agrees that the City shall, under the expiration of three (3) years after
final payment under the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such subcontractor, involving
transactions to the subcontract, and further, that City shall have access during normal
working hours to all subcontractor facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of this article
together with subsection (c) hereof. City shall give subcontractor reasonable advance notice
of intended audits.
C. Contractor and subcontractor agree to photocopy such documents as may be requested by
the City. The City agrees to reimburse Contractor and subcontractor for the costs of copies at
the rate published in the Texas Administrative Code.
MW
D-41 BID QUANTITIES
Bid quantities of the various items in the proposal are for comparison only and may not reflect the
actual quantities. There is no limit to which a bid item can be increased or decreased.
Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured
quantities. To the extent that C4-4.3 conflicts with this provision, this provision controls. No claim
will be considered for lost or anticipated profits based upon differences in estimated quantities
versus actual quantities.
05114102 SC-20
PART D - SPECIAL CONDITIONS
D-42 CUTTING OF CONCRETE
When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be
subsidiary to the unit cost of the respective item.
D-43 PROJECT DESIGNATION SIGN
Project signs are required at locations shown on plans. It shall be in accordance with the
attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The exact
locations and methods of mounting shall be approved by the Engineer. In addition to the 4' x 8'
project signs, project signs shall be attached to barricades used where manhole rehabilitation or
replacement is being conducted. Signs suspended from barricading shall be placed in such a
way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs
shall be in accordance with Figure 30, except that they shall be V-0" by 2'-0" in size. The
information box shall have the following information:
For Questions on this Project Call:
(817) 871-8306 M-F 7:30 am to 4:30 p.m.
or
(817) 871-8300 Nights and Weekends
Any and all cost for the required materials, labor, and equipment necessary for the furnishing of
Project Signs shall be considered as a subsidiary cost of the project and no additional
compensation will be allowed.
D-44 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT
At locations in the project where mains are required to be placed under existing sidewalks and/or
driveways, such sidewalks and/or driveways shall be completely replaced for the full existing
width, between existing construction or expansion joints with 3000 psi concrete with reinforcing
steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works
Department Standard Specifications for Construction, Item 504.
At locations where mains are required to be placed under existing curb and gutter, such curb and
gutter shall be replaced to match type and geometry of the removed curb and gutter shall be
installed in accordance with City of Fort Worth Public Works Department Standard Specification
for Construction, Item 502.
„Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances
required, shall be included in the square yard price of the bid item for concrete sidewalk or
driveway repair.
D-45 MISCELLANEOUS PLACEMENT OF MATERIAL
_ Material has been allocated under various bid items in the Proposal to establish,unit prices for
miscellaneous placement of material. These materials shall be used only when directed by the
Engineer, depending on field conditions. Payment for miscellaneous placement of material will
be made for only that amount of material used, measured to the nearest one-tenth unit. Payment
for miscellaneous placement of material shall be in accordance with the General Contract
Documents regardless of the actual amount used for the project.
05114102 SC-21
PART D - SPECIAL CONDITIONS
D-46 TYPE "C" BACKFILL
Excavated material used for Type "C" backfill must be mechanically compacted unless the
Contractor can furnish the Engineer with satisfactory evidence the P.I. of the excavated material
is less then 8.* Such evidence shall be a test report from an independent testing laboratory and
must include representative samples of soils in all involved areas, with a map showing the
location and depth of the various test holes.
If excavated material is obviously granular in nature, containing little or no plastic material, the
Engineer may waive the test report requirement.
See E-1.24, Type"C" Backfill, and E2.11 Trench Backfill.**
* Revised 3/20/81
** Revised 4120/81
D-47 CRUSHED LIMESTONE BACKFILL
Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for
trench backfill on this project. The material shall conform to Public Works Standard
Specifications for Street and Storm Drain Construction Division 2 Item 208.2 - Materials and
Division 2 Item 208.3 - Materials Sources. Trench backfill and compaction shall meet the
requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract
Documents.
Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal
multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of
Backfill Materials, Construction Specifications, General Contract Documents.
D-48 2:27 CONCRETE
Transportation and Public Works Department typical sections for Pavement and Trench Repair
for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call-out
includes the word "concrete", the consistent interpretation of the Transportation and Public Works
Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete.
D-49 TRENCH EXCAVATION, BACKFILL, AND COMPACTION
Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within
easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2
Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications
except as specified herein.
A. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the
stated maximum trench widths are exceeded, either through accident or otherwise, and if the
Engineer determines that the design loadings of the pipe will be exceeded, the Contractor
will be required to support the pipe with an improved trench bottom. The expense of such
remedial measures shall be entirely the Contractor's own. All trenching operations shall be
confined to the width of permanent rights-of-way, permanent easements, and any temporary
construction easements. All excavation shall be in strict compliance with the Trench Safety ...
Systems Special Condition of this document.
05114102 SC-22
PART D - SPECIAL CONDITIONS
B. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be
backfilled above the top of the embedment material with Type "C" backfill material.
Excavated material used for Type "C" backfill must be mechanically compacted unless the
Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated
material is less than 8. Such evidence shall be a test report from an independent testing
laboratory and must include representative samples of soils in all involved areas, with a map
showing the location and depth of the various test holes. If excavated material is obviously
granular in nature, containing little or no plastic material, the Engineer may waive the test
report requirement. See E1-2.3, Type "C' or"D" Backfill, and E2-2.11 Trench Backfill for
additional requirements. When Type "C' back-fill material is not suitable, at the direction of
the Engineer, Type "B" backfill material shall be used. In general, all backfill material for
trenches in existing paved streets shall be in accordance with Figure A. Sand material
specified in Figure A shall be obtained from an approved source and shall consist of durable
particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and
shall meet the following gradation:
Size Sieve % Retained
#200 100
Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed
Limestone for Embedment of the General Contract Documents and Specifications shall be
replaced with the following:
Sieve Size % Retained
1" 0
'/•" 0-15
3/8" 55-90
.. #4 90-100
#8 95-100
All other provisions of this section shall remain the same.
C. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill.
Trenches which lie outside existing or future pavements shall be compacted to a minimum of
90% Standard Proctor Density (A.S.T.M. D698) by means of tamping only.
Trenches which lie under existing or future pavement shall be backfilled per Figure A with
95% Standard Proctor Density by jetting, mechanical tamping, or a combination of methods.
Backfill material to be mechanically tamped must be within +-4% of its optimum moisture
content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of
water line may be rolled in with heavy equipment tires, provided it is placed in lifts
appropriate to the material being used and the operation can be performed without damage
j to the installed pipe.
The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on
all trench backfill. Any retesting required as a result of failure to compact the backfill material
to meet the standards will be at the expense of the Contractor and will be billed at the
commercial rates as determined by the City. These soil density tests shall be performed at
two (2)foot vertical intervals beginning at a level two (2) feet above the top of the installed
05114102 SC-23
PART D - SPECIAL CONDITIONS
pipe and continuing to the top of the completed backfill at intervals along the trench not to
exceed 300 linear feet. The Contractor will be responsible for providing access and trench
safety system to the level of trench backfill to be tested. No extra compensation will be
allowed for exposing the backfill layer to be tested or providing trench safety system for tests
conducted by the City.
D. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" backfill, and
labor costs of excavation and backfill will be included in the price bid per linear foot of water
and sewer pipe.
NON-PAY ITEM —WASHED ROCK:
All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall be
washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not
required if gradation is met)
Sieve Size % Retained �.
1" 0
0-15
3/8" 55-90
#4 90-100
#8 95-100
Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131.
D-50 PAVEMENT REPAIR(E2-19) "w
The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing
pavement repair equal to or superior in composition, thickness, etc., to existing pavement as
detailed in the Public Works Department typical sections for Pavement and Trench Repair for
Utility Cuts, Figures 1 through 5.
All required paving cuts shall be made with a concrete saw in a true and straight line on both
sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be
backfilled and the top nine (9) inches shall be filled with required materials as shown on paving
details, compacted and level with the finished street surface. This finished grade shall be
maintained in a serviceable condition until the paving has been replaced. All residential
driveways shall be accessible at night and over weekends.
It has been determined by the Transportation and Public Works Department that the strip of
existing HMAC pavement between the existing gutter and the edge of the trench pavement repair
will not hold up if such strip of existing pavement is two (2) feet or less in width.
Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip
of the existing gutter, the Contractor shall be required to remove the existing paving to such
gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches
outside the trench wall nearest the center of the street to the gutter line.
05114102 SC-24
PART D - SPECIAL CONDITIONS
The pavement shall be replaced within a maximum of five (5) working days, providing job
placement conditions will permit repaving. If paving conditions are not suitable for repaving, in
the opinion of the Owner, the repaving shall be done at the earliest possible date.
A permit must be obtained from the Department of Engineering Construction Services Section by
the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make utility
cuts in the street. The Department of Engineering will inspect the paving repair after construction.
This permit requirement may be waived if work is being done under a Performance Bond and
inspected by the Department of Engineering.
D-51 TRENCH SAFETY SYSTEM FOR WATER DEPARTMENT PROJECTS ONLY
A. GENERAL: This specification covers the trench safety requirements for all trench
excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The
requirements of this item govern all trenches for mains, manholes, vaults, service lines, and
all other appurtenances. The design for the trench safety shall be signed and sealed by a
Registered Professional Engineer licensed in Texas.
B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and
Health Administration Standards, 29 CFR Part 1926, Sub-Part P - Excavations, are hereby
made a part of this specification and shall be the minimum governing requirements for trench
safety.
C. DEFINITIONS:
1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of
the ground in which the depth is greater than the width, where the width measured at the
bottom is not greater than fifteen (15) feet.
2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one or a
series of horizontal level or steps, usually with vertical or near-vertical surfaces between
levels.
3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined
away from the excavation.
4. SHIELD SYSTEM - Shields used in trenches are generally referred to as "trench boxes"
or"trench shields". Shield means a structure that is able to withstand the forces imposed
on it by a cave-in and protect workers within the structure. Shields can be permanent
structures or can be designed to be portable and move along as the work progresses.
Shields can be either pre-manufactured or job-built in accordance with OSHA standards.
5. SHORING SYSTEM - Shoring means a structure such as a metal hydraulic, mechanical
or timer system that supports the sides of a trench and which is designed to prevent cave-
ins. Shoring systems are generally comprised of cross-braces, vertical rails, (uprights),
horizontal rails (wales) and/or sheeting.
D. MEASUREMENT - Trench depth is the vertical measurement from the top of the existing
ground to the bottom of the pipe or structures. The quantity of trench safety systems shall be
based on the linear foot amount of trench depth greater than five (5) feet.
05114102 SC-25
4.
PART D - SPECIAL CONDITIONS
E. PAYMENT - Payment shall be full compensation for safety system design, labor, tools,
materials, equipment and incidentals necessary for the installation and removal of trench
safety systems.
D-52 NOT USED
D-53 NOT USED
D-54 NOT USED -r
D-55 NOT USED
D-56 DETECTABLE WARNING TAPES
Detectable underground utility warning tapes which can be located from the surface by a pipe
detector shall be installed directly above non-metallic water and sanitary sewer pipe. The
detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal,
and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective ..
inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents
found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall
not be less than two inches with a minimum unit weight of 2'/ pounds/1 inch/100'. The tape shall
be color coded and imprinted with the message as follows:
Type of Utility Color Code Legends
Water Safety Blue Caution! Buried Water Line Below
Sewer Safety Green Caution! Buried Sewer Line Below
Installation of detectable tapes shall be per manufacturer's recommendations and shall be as
close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18
inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking,
detectable tapes, and all other associated appurtenances required shall be included in the unit
price bid for the appropriate bid item(s).
D-57 PIPE CLEANING
Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall
be swept daily and kept clean during installation. A temporary night plug shall be installed on all
exposed pipe ends during any period of work stoppage.
D-58 BARRICADES, WARNINGS, AND FLAGMEN
Reference Part C - General Conditions, Section C6-6.8 Barricades, Warnings, and
Watchmen:
A. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word
Flagmen.
0Y14102 SC-26
PART D - SPECIAL CONDITIONS
B. In the first paragraph, lines five (5) and six (6), change the phrase "take all such other
precautionary measures"to "take all reasonable necessary measures".
D-59 DISPOSAL OF SPOILIFILL MATERIAL
Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of
Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator
("Administrator"), of the location of all sites where the Contractor intends to dispose of such
material. Contractor shall not dispose of such material until the proposed sites have been
determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the
City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the
Administrator to ensure that filling is not occurring within a floodplain without a permit. A
floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is
required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall
be evidenced by a letter signed by the Administrator stating that the site is not in a known flood
plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses
associated with obtaining the fill permit, including any necessary Engineering studies, shall be at
the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site
without a fill permit or a letter from the administrator approving the disposal site, upon notification
by the Director of Engineering Department, Contractor shall remove the spoil/fill material at its
expense and dispose of such materials in accordance with the Ordinances of the City and this
section.
- D-60 MECHANICS AND MATERIALMEN'S LIEN
The Contractor shall be required to execute a release of mechanics and materialmen's liens upon
receipt of payment.
D-61 SUBSTITUTIONS
The specifications for materials set out the minimum standard of quality which the City believes
necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor
has received written permission of the Engineer to make a substitution for the material which has
been specified. Where the term "or equal", or"or approved equal" is used, it is understood that if
a material, product, or piece of equipment bearing the name so used is furnished, it will be
approvable, as the particular trade name was used for the purpose of establishing a standard of
quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's
approval thereof must be obtained before the proposed substitute is procured by the Contractor.
Where the term "or equal", or "or approved equal" is not used in the specifications, this does not
- necessarily exclude alternative items or material or equipment which may accomplish the
intended purpose. However, the Contractor shall have the full responsibility of proving that the
proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall
be the sole judge of the acceptability of substitutions. The provisions of this sub-section as
related to"substitutions" shall be applicable to all sections of these specifications.
D-62 NOT USED
D-63 NOT USED
D-64 NOT USED
05114102 SC-27
r
E
PART D - SPECIAL CONDITIONS
D-65 NOT USED
D-66 SAMPLES AND QUALITY CONTROL TESTING
A. The Contractor shall furnish, at its own expense, certifications by a private laboratory for all
materials proposed to be used on the project, including a mix design for any asphaltic and/or
Portland cement concrete to be used, and gradation analysis for sand and crushed stone to
be used along with the name of the pit from which the material was taken. The contractor
shall provide manufacturer's certifications for all manufactured items to be used in the project MR
and will bear any expense related thereto.
B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine
days prior to the placing of concrete using the same aggregate, cement, and mortar which are
to be used later in the concrete. The Contractor shall provide a certified copy of the test
results to the City. _
C. Quality control testing of in-place material on this project will be performed by the city at its
own expense. Any retesting required as a result of failure of the material to meet project
specifications will be at the expense of the contractor and will be billed at commercial rates as
determined by the City. The failure of the City to make any tests of materials shall in no way
relieve the contractor of its responsibility to furnish materials and equipment conforming to the
requirements of the contract.
7
D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations
requiring testing. The Contractor shall provide access and trench safety system (if required)
for the site to be tested, and any work effort involved is deemed to be included in the unit
price for the item being tested.
E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to
the job site. The ticket shall specify the name of the pit supplying the fill material.
D-67 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL
A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water
pollution control measures deemed necessary by the Engineer for the duration of the
contract. These control measures shall at no time be used as a substitute for the permanent
control measures unless otherwise directed by the Engineer and they shall not include
measures taken by the CONTRACTOR to control conditions created by his construction
operations. The temporary measures shall include dikes, dams, berms, sediment basins,
fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble
liners, baled-hay retards, dikes, slope drains and other devices.
B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth
and the authority to limit the surface area of erodible-earth material exposed by preparing
right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by
excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control
measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or
other areas of water impoundment. Such work may involve the construction of temporary
berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats,
seeding, or other control devices or methods directed by the Engineer as necessary to control
soil erosion. Temporary pollution-control measures shall be used to prevent or correct
05114102 SC-28
PART D - SPECIAL CONDITIONS
erosion that may,develop during construction prior to installation of permanent pollution
control features, but are not associated with permanent control features on the project. The
Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and
borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the
finish grading, mulching, seeding, and other such permanent pollution-control measures
current in accordance with the accepted schedule. Should seasonal conditions make such
® limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed
by the Engineer.
1. Waste or disposal areas and construction roads shall be located and constructed in a
manner that will minimize the amount of sediment entering streams.
2. When work areas or material sources are located in or adjacent to live streams, such
areas shall be separated from the stream by a dike or other barrier to keep sediment from
entering a flowing stream. Care shall be taken during the construction and removal of
such barriers to minimize the muddying of a stream.
3. All waterways shall be cleared as soon as practicable of false work, piling, debris or other
obstructions placed during construction operations that are not a part of the finished work.
4. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and
reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall
conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes
and reservoirs and to avoid interference with movement of migratory fish.
C_ MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide
temporary erosion control shall be considered subsidiary to the contract and no extra pay will
be given for this work.
D-68 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES
The Contractor shall provide ingress and egress to the property being crossed by this
construction and adjacent property when construction is not in progress and at night. Drives shall
be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his
activities to minimize obstruction of access to drives and property during the progress of
construction. Notification shall be made to an owner prior to his driveway being removed and/or
rebuilt.
- D-69 PROTECTION OF TREES, PLANTS AND SOIL
All property along and adjacent to the Contractors' operations including lawns, yards, shrubs,
trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or
better than existed prior to start of work.
Any trees or other landscape features scarred or damaged by the Contractor's operations shall
be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work
will be permitted only by experienced workmen in an approved manner (No trimming or pruning
without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly
treated as soon as possible with a tree wound dressing.
D-70 SITE RESTORATION
oy14102 SC-29
PART D - SPECIAL CONDITIONS
The contractor shall be responsible for restoring the site to original grade and condition after
completion of his operations subject to approval of the Engineer. The basis for approval by the
Engineer will be grade restoration to plus minus one-tenth (0.1) of a foot.
D-71 CITY OF FORT WORTH STANDARD PRODUCT LIST
Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth _
Standard Product List, for the bid to be considered responsive. Products and processes listed in
the "City of Fort Worth Standard Product List, shall be considered to meet City of Fort Worth
minimum technical requirements.
D-72 NOT USED
D-73 TOPSOIL, SODDING, SEEDING & HYDROMULCHING
This item shall be performed in accordance with the City of Fort Worth Parks and Community
Services Department Specifications for Topsoil, Sodding and Seeding.
1. TOPSOIL
DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of
topsoil, free from rock and foreign material, in all parkways and medians to the lines and
grades as established by the Engineer.
CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to
supplement material secured from street excavation. All excavated materials from streets
which is suitable for topsoil will be used in the parkways and medians before any topsoil is
obtained from a borrow source. Topsoil material secured from street excavation shall be
stockpiled at locations approved by the Engineer, and at completion of grading and paving
operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6)
inches of compacted depth of topsoil parkways.
2. SODDING
DESCRIPTION: Sodding will consist of furnishing and planting Bermuda, Buffalo or St.
Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on
embankments or cut slopes, or in such areas as designated on the Drawings and in
accordance with the requirements of this Specification. Recommended Buffalo grass
varieties for sodding are Prairie and 609.
MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass
secured from sources where the soil is fertile. Sod to be placed during the dormant state of
these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a
healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum
thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy,
virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness
of native soil attached to the roots.
05114102 SC-30
PART D - SPECIAL CONDITIONS
The sod shall be free from obnoxious weeds or other grasses and shall not contain any
matter deleterious to its growth or which might affect its subsistence or hardiness when
transplanted. Sod to be placed between curb and walk and on terraces shall be the same
type grass as adjacent grass or existing lawn.
Care shall be taken at all times to retain native soil on the roots of the sod during the process
of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug
until planted. When so directed by the Engineer, the sod existing at the source shall be
watered to the extent required prior to excavating. Sod material shall be planted within three
days after it is excavated.
CONSTRUCTION METHODS: After the designated areas have been completed to the lines,
grades, and cross-sections shown on the Drawings and as provided for in other items of the
contract, sodding of the type specified shall be performed in accordance with the
requirements hereinafter described. Sodding shall be either "spot" or "block"; either
Bermuda, Buffalo or St. Augustine grass.
a. Spot Sodding
Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the
dimensions shown on the Drawings, shall be opened on areas to be sodded. In all
furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch
centers at proper depth so that the top of the sod shall not be more than one-half (1/2)
inch below the finished grade. Holes of equivalent depth and spacing may be used
instead of furrows. The soil shall be firm around each block and then the entire sodded
T area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five
(25) pounds per square inch compression. Hand tamping may be required on terraces.
b. Block Sodding.
At locations on the Drawings or where directed, sod blocks shall be carefully placed on
the prepared areas. The sod shall be so placed that the entire designated area shall be
covered, and any voids left in the block sodding shall be filled with additional sod and
tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact
solid mass. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to
the height or slope of the surface or nature of the soil, shall,. upon direction of the
Engineer, be pegged with wooden pegs driven through the sod block to the firm earth,
sufficiently close to hold the block sod firmly in place.
When necessary, the sodded areas shall be smoothed after planting has been completed
and shaped to conform to the cross-section previously provided and existing at the time
sodding operations were begun. Any excess dirt from planting operations shall be spread
uniformly over the adjacent areas or disposed of as directed by the Engineer so that the
completed surface will present a sightly appearance.
The sodded areas shall be thoroughly watered immediately after they are planted and
shall be subsequently watered at such times and in a manner and quantity directed by the
Engineer until completion and final acceptance of the project by the City of Fort Worth.
3. SEEDING
05/14/02 SC-31
PART D - SPECIAL CONDITIONS
DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a
mixture of seed of the kind specified along and across such areas as may be designated on
the Drawings and in accordance with these Specifications.
MATERIALS:
a. General. All seed used must carry a Texas Testing Seed label showing purity and
germination, name, type of seed, and that the seed meets all requirements of the Texas
Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis
shown on each tag shall be within nine (9) months of time of delivery to the project. Each
variety of seed shall be furnished and delivered in separate bags or containers. A sample
of each variety of seed shall be furnished for analysis and testing when directed by the
Engineer.
The specified seed shall equal or exceed the following percentages of Purity and
germination:
Common Name Purity Germination
Common Bermuda Grass 95% 90%
Annual Rye Grass 95% 95%
Tall Fescue 95% 90%
Western Wheatgrass 95% 90%
Buffalo Grass Varieties
Top Gun 95% 90% -
Cody 95% 90%
Table 120.2.(2)a.
URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS)
Mixture for Clay or Tight Soils Mixture for
Sandy Soils
Dates (Eastern Sections) (Western Sections) (All Sections)
Feb 1 Bermudagrass 40 Buffalograss 80 Bermudagrass 60
to Buffalograss 60 Bermudagrass 20 Buffalograss 40
May 1
Total: 100 Total: 100 Total: 100
Table, 120.2.(2)b
TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS)
Dates (All Sections) '-
Aug 15 Tall Fescue 50
to Western Wheatgrass 50
May 1 Annual Rye 50 -
Total: 100
05114102 SC-32
PART D - SPECIAL CONDITIONS
CONSTRUCTION METHODS: After the designated areas have been completed to the lines,
grades, and cross-sections shown on the Drawings and as provided for in other items of this
Contract, seeding of the type specified shall be performed in accordance with the
requirements hereinafter described.
a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent
washing of the slopes or dislodgment of the seed.
b. Finishing. Where applicable, the shoulders, slopes, and ditches shall be smoothed after
seed bed preparation has been completed and shaped to conform to the cross-section
previously provided and existing at the time planting operations were begun.
BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be
uniformly distributed over the areas shown on the Drawings and where directed. If the sowing
of seed is by hand, rather than by mechanical methods, the seed shall be sown in two
directions at right angles to each other. Seed and fertilizer shall be distributed at the same
time provided the specified uniform rate of application for both is obtained. "Finishing" as
specified in Section D-46, Construction Methods, is not applicable since no seed bed
preparation is required.
DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall
be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be
reduced to less than one (1) inch in diameter or they shall be removed. The area shall then
be finished to line and grade as specified under "Finishing" in Section D-46, Construction
Methods.
The seed, or seed mixture, specified shall then be planted at the rate required and the
application shall be made uniformly. If the sowing of seed is by hand rather than by
mechanical methods, seed shall be raked or harrowed into the soil to a depth of
approximately one-eight (1/8) inch. The planted area shall be rolled with a corrugated roller of
the"Cu ltipacker'type. All rolling of the slope areas shall be on the contour.
ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed
to be seeded, shall be loosened to the minimum depth of three (3) inches and all particles in
the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed.
The area shall then be finished to line and grade as specified under "Finishing" in Section D-
46, Construction Methods.
Water shall then be applied to the cultivated area of the seed bed until a minimum depth of
six (6) inches is thoroughly moistened.
After the watering, when the ground has become sufficiently dry to be loose and pliable, the
seed, or seed mixture specified, shall then be planted at the rate required and the application
shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods,
the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may
be distributed at the same time, provided the specified uniform rate of application for both is
obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of
approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface
without ruts or tracks. In between the time compacting is completed and the asphalt is
05(14102 SC-33
PART D - SPECIAL CONDITIONS
applied, the planted area shall be watered sufficiently to assure uniform moisture from the -
surface to a minimum of six (6) inches in depth.
The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall
be of the type and grade as shown on the Drawings and shall conform to the requirements of
the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown
on the Drawings, or if Drawings are not included, then MS-2 shall be used. Applications of
the asphalt shall be at a rate of three-tenths (0.3) gallons per square yard. It shall be applied
to the area in such a manner so that a complete film is obtained and the finished surface shall
be comparatively smooth.
RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where
temporary cool season species have been planted may be replanted beginning February 1
with warm season species as listed in Table 120.2(2)a. The re-seeding will be achieved in the
following manner. The cool season species shall be mowed down to a height of one (1) inch
to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate
soil penetration.
* Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the
soil and places the seed in the slit which is then pressed close with a cultipacker wheel.
4. HYDROMULCH SEEDING:
If hydromulch seeding is provided, seed mix shall have 95% purity of Bermuda Grass and
have a germination rate of 90%. Contractor shall ensure that the grass establishes.
5. CONSTRUCTION WITHIN PARK AREAS
TURF RESTORATION OF PARK AREAS: FERTILIZER
DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas
as are designated on the Drawings and in accordance with these Specifications.
MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled
showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in
accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used
with an analysis of 16-20-0 or 16-5-8 or having the analysis shown on the Drawings. The
figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash
nutrients respectively as determined by the methods of the Association of Official Agricultural
Chemists.
In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted
or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and
applied per acre shall equal or exceed that specified for each nutrient.
CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and
proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to
be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry
and in good physical condition. Fertilizer that is powdered to caked will be rejected.
Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer.
05114102 SC-34
PART D - SPECIAL CONDITIONS
Unless otherwise, indicated on the Drawings, fertilizer shall be applied uniformly at the
average rate of three hundred (300) pounds per acre for all types of "Sodding" and four
hundred (400) pounds per acre for all types of"Seeding".
MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard
in place on the project site. Measurement will be made only on topsoils secured from borrow
sources.
Acceptable material for"Seeding"will be measured by the linear foot, complete in place.
Acceptable material for"Sodding"will be measured by the linear foot, complete in place.
Acceptable material for"Fertilizer" shall be subsidiary to the price of sodding or seeding.
PAYMENT: All work performed as ordered and measured as provided under "Measurement"
shall be paid for at the unit price bid for each item of work. Its price shall be full compensation
for excavating (except as noted below), loading, hauling, placing and furnishing all labor,
equipment, tools, supplies, and incidentals necessary to complete work.
All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place
topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items
and will not be paid for directly.
"Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit
price per square yard, complete in place, as provided in the proposal and contract. The
contract unit price shall be the total compensation for furnishing and placing all sod; for all
rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials,
labor, equipment, tools and incidentals necessary to complete the work, all in accordance with
the Drawings and these Specifications.
The work performed and materials furnished and measured as provided under
"Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type
specified, as the case may be, which price shall each be full compensation for furnishing all
materials and for performing all operations necessary to complete the work accepted as
follows:
Fertilizer material and application will not be measured or paid for directly, but is considered
subsidiary to Sodding and Seeding.
D-74 CONFINED SPACE ENTRY PROGRAM
It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED
SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and
subcontractors at all times during construction. All active sewer manholes, regardless of depth,
are defined by OSHA as "permit required confined spaces". Contractors shall submit an
acceptable "CONFINED SPACE ENTRY PROGRAM" for all applicable manholes and maintain
an active file for these manholes. The cost of complying with this program shall be subsidiary to
the pay items involving work in confined spaces.
D-75 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION
O.V14 2 SC-35
PART D - SPECIAL CONDITIONS
1. Prior to the final inspection being conducted for the project, the contractor shall contact
the city inspector in writing when the entire project or a designated portion of the project is
substantially complete.
2. The inspector along with appropriate City staff and the City's consultant shall make an
inspection of the substantially completed work and prepare and submit to the contractor a
list of items needing to be completed or corrected.
3. The contractor shall take immediate steps to rectify the listed deficiencies and notify the
owner in writing when all the items have been completed or corrected.
4. Payment for substantial completion inspection as well as final inspection shall be
subsidiary to the project price. Contractor shall still be required to address all other _
deficiencies which are discovered at the time of final inspection.
5. Final inspection shall be in conformance with general condition item "C5-5.18 Final
Inspection" of PART C -GENERAL CONDITIONS.
D-76 EXCAVATION NEAR TREES
1. The Contractor shall be responsible for taking measures to minimize damage to tree
limbs, tree trunks, and tree roots at each work site. All such measures shall be
considered as incidental work included in the Contract Unit Price bid for applicable pipe or
structure installation except for short tunneling/tree augering.
2. Any and all trees located within the equipment operating area at each work site shall, at
the direction of the Engineer, be protected by erecting a "snow fence" along the drip line
or edge of the tree root system between tree and the construction area.
3. Contractor shall inspect each work site in advance and arrange to have any tree limbs
pruned that might be damaged by equipment operations. The Engineer shall be notified
at least 24 hours prior to any tree trimming work. No trimming work will be permitted
within private property without written permission of the Owner.
4. Nothing shall be stored over the tree root system within the drip line area of any tree.
5. Before excavation (off the roadway) within the drip line area of any tree, the earth shall be
sawcut for a minimum depth of 2 feet.
6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 �•
D.I. pipe shall be utilized.
7. Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during
construction shall be removed and replaced with the same type and diameter tree at the
contractor's expense.
8. Contractor shall employ a qualified landscaper for all the work required for tree care to
ensure utilization of the best agricultural practices and procedures.
05114102 SC-36
PART D - SPECIAL CONDITIONS
9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter
shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe
installation shall be pressure grouted.
D-77 CONCRETE ENCASEMENT OF WATERLINE AND SEWER PIPE
Concrete encasement of waterlines and sewers shall be paid for at the Contract Unit Price per
linear foot of concrete encasement as measured in place along the centerline of the pipe for each
pipe diameter indicated. The Contract Unit Price shall include all costs associated with
installation and reinforcement of the concrete encasement.
D-78 CLAY DAM
Clay darn construction shall be performed in accordance with the Wastewater Clay Dam
Construction, figure in the Drawings in these Specifications, at locations indicated on the
Drawings or as directed by the City. Clay dams shall be keyed into undisturbed soil to make an
impervious barrier to reduce groundwater percolation through the pipeline trench. Construction
material shall consist of compacted bentonite clay or 2:27 concrete. Payment for work such as
forming, placing and finishing shall be subsidiary to the price bid for pipe installation.
D-79 EXPLORATORY EXCAVATION (D-HOLE)
The Contractor shall be responsible for verifying the locations of all existing utilities prior to
construction, in accordance with item D-22.
At locations identified on the drawings, contractor shall conduct an exploratory excavation (D-
Hole), to locate and verify the location and elevation of the existing underground utility where it
may be in potential conflict with a proposed facility alignment. The exploratory excavation shall
be conducted prior to construction of the entire project only at locations denoted on the plans
or as directed by the engineer. Contractor shall submit a report of findings (including surveyed
elevations of existing conflicting utilities) to the City prior to the start of construction of the entire
project. If the contractor determines an existing utility is in conflict with the proposed facility, the
contractor shall contact the engineer immediately for appropriate design modifications.
The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain
a safe and proper driving surface to ensure the safety of the general public and to meet the
approval of the City inspector. The contractor shall be liable for any and all damages incurred
due to the exploratory excavation (D-Hole).
.Payment shall not be made for verification of existing utilities per item D-22. Payment for
exploratory excavation (D-Hole), at locations identified on the plans or as directed by the
Engineer, shall include full compensation for all materials, excavation, surface restoration, field
surveys, and all incidentals necessary to complete the work, shall be the unit price bid. No
payment shall be made for exploratory excavation(s) conducted after construction has begun.
D-80 INSTALLATION OF WATER FACILITIES
80.1 Polyvinyl Chloride (PVC) Water Pipe
POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance
with the material standard contained in the General Contract Documents. Payment for work
such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant
required, shall be included in the linear foot price bid of the appropriate BID ITEM(S).
05114102 SC-37
PART D - SPECIAL CONDITIONS
80.2 Blocking
Concrete blocking on this Project will necessarily be required as shown on the Plans and
shall be installed in accordance with the General Contract Documents. All valves shall have -
concrete blocking provided for supporting. No separate payment will be made for any of the
work involved for the item and all costs incurred will be considered to be included in the
linear foot bid price of the pipe or the bid price of the valve.
80.3 Type of Casing Pipe
1. WATER:
The casing pipe for open cut and bored or tunneled section shall be AWWA C-200
Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of
E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and
Specifications for Water Department Projects. The steel casing pipe shall be supplied as
follows:
For the inside and outside of casing pipe, coal-tar protective coating in accordance with
the requirements of Sec. 2.2 and related sections in AWWA C-203.
Touch-up after field welds shall provide coating equal to those specified above.
C. Minimum thickness for casing pipe used shall be 0.375 inch.
Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade
Waterworks Manufacturing Company or an approved equal shall be used on all non-
concrete pipes when installed in casing. Installation shall be as recommended by the
manufacturer.
2. SEWER:
Boring used on this project shall be in accordance with the material standard E1-15 and
Construction standard E2-15 as per Fig. 110 of the General Contract Documents. -�
I
3. PAYMENT:
Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and
incidental work shall be included in the unit price bid per foot.
80.4 Tie-Ins
The Contractor shall be responsible for making tie-ins to the existing water mains. It shall
be the responsibility of the Contractor to verify the exact location and elevation of the
existing line tie-ins. And any differences in locations and elevation of existing line tie-ins
between the contract drawings and what may be encountered in the field shall be
considered as incidental to construction. The cost of making tie-ins to existing water or
sanitary sewer mains shall be included in the linear foot bid price of the pipe.
80.5 Connection of Existing Mains
The Contractor shall determine the exact location, elevation, configuration and angulation
of existing water or sanitary sewer lines prior to manufacturing of the connecting piece.
Any differences in locations, elevation, configuration, and or angulation of existing lines
between the contract drawings and what may be encountered in the said work shall be
considered as incidental to construction. Where it is required to shut down existing mains
in order to make proposed connections, such down time shall be coordinated with the
Engineer, and all efforts shall be made to keep this down time to a minimum. In case of
05114102 SC-38
PART D - SPECIAL CONDITIONS
shutting down.an existing main, the Contractor shall notify the Manager, Construction
Services, Phone 871-7813, at least 48-hours prior to the required shut down time. The
Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE,
Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT
GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The
Contractor shall notify the customer both personally and in writing as to the location, time,
and schedule of the service interruption.
The cost of removing any existing concrete blocking shall be included in the cost of
connection. Unless bid separately all cost incurred shall be included in the linear foot
price bid for the appropriate pipe size.
80.6 Valve Cut-Ins
It may be necessary to cut-in gate valves to isolate the water main from which the
extension and/or replacement is to be connected. This may require closing valves in other
lines and putting consumers out of service for that period of time necessary to cut in the
new valve; the work must be expedited to the utmost and all such cut-ins must be
coordinated with the engineer in charge of inspection. All consumers shall be individually
advised prior to the shut out and advised of the approximate length of time they may be
without service.
s
Payment for work such as backfill, bedding, fittings, blocking and all other associated
appurtenants required, shall be included in the price of the appropriate bid items.
80.7 Water Services
The relocation, replacement, or reconnection of water services will be required as shown
on the plans, and/or as described in these Special Contract Documents in addition to
those located in the field and identified by the Engineer.
All service's shall be constructed by the contractor utilizing approved factory manufactured
tap saddles (when required) and corporation stops, type K copper water tubing, curb
stops with lock wings, meter boxes, and if required approved manufactured
service branches. All materials used shall be as specified in the Material Standards (E1-
17 & E1-18) contained in the General Contract Documents.
All water services to be replaced shall be installed at a minimum depth of 36 inches
below final grade.
All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1-
inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation
from the main line to the meter box.
All services which are to be replaced or relocated shall be installed with the service main
tap and service line being in line with the service meter unless otherwise directed by the
Engineer.
A minimum of 24 hours advance notice shall be given when service interruption will be
required as specified in Section C5-5.15 INTERRUPTION OF SERVICE.
All water service meters shall be removed, tagged, and collected by the contractor for
pickup by the Water Department for reconditioning or replacement. After installation of the
05114102 SC-39
PART D - SPECIAL CONDITIONS
water service in the proposed location and receipt of a meter from the project inspector
the contractor shall install the meter. The meter box shall be reset as necessary to be
flush with existing ground or as otherwise directed by the Engineer. All such work
on the outlet side of the service meter shall be performed by a licensed plumber.
1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is
required when the existing service is lead or is too shallow to avoid breakage during street —
reconstruction. The contractor shall replace the existing service line with Type K copper
from the main to the meter, curb stop with lock wings, and corporation stop.
Payment for all work and materials such as backfill, fittings, type K copper tubing, curb
stop with lock wings, service line adjustment, and any relocation of up to 12-inches from
center line existing meter location to center line proposed meter location shall be included
in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind
Meter. Any vertical adjustment of customer service line within the 5 foot area shall be
subsidiary to the service installation.
Payment for all work and materials such as tap saddle (if required), corporation stops, and
fittings shall be included in the price bid for Service Taps to Main.
2. WATER SERVICE RECONNECTION: Water service reconnection is required when the
existing service is copper and at adequate depth to avoid breakage during street
reconstruction. The contractor shall adjust the existing water service line as required for
reconnection and furnish a new tap with corporation stop. The contractor will be paid for
one (1) Service Tap to Main for each service reconnected plus for any copper service line
used in excess of five (5) feet from Main to five (5) feet behind the Meter.
3. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement
and relocation of a water service and meter box is required and the location of the meter
and meter box is moved more than twelve (12) inches, as measured from the center line
of the existing meter to location to the center line of the proposed meter location, separate
payment will be allowed for the relocation of service meter and meter box. Centerline is -�
defined by a line extended from the service tap through the meter. Only relocations made
perpendicular to this centerline will be paid for separately. Relocations made along the
centerline will be paid of in feet of copper service line.
When relocation.of service meter and meter box is required, payment for all work and
materials such as backfill, fittings, five (5) feet of type K copper service and all materials,
labor, and equipment used by and for the licensed plumber shall be included in the price
bid for the service meter relocation. All other costs will be included in other appropriate
bid item(s).
This item will also be used to pay for all service meter and meter box relocations as
required by the Engineer when the service line is not being replaced. Adjustment of only _
the meter box and customer service line within 5 feet distance behind the meter will not
justify separate payment at any time. Locations with multiple service branches will be
paid for as one service meter and meter box relocation.
05/14/02 SC-40
PART D - SPECIAL CONDITIONS
4. NEW SERVICE: When new services are required the contractor shall install tap saddle
(when required), corporation stop, type K copper service line, curb stop with lock wings,
and meter box.
Payment for all work and materials such as backfill, fittings, type K copper tubing, and
curb stop with lock wings shall be included in the Linear Foot price bid for Service Line
from Main to Meter five (5) feet behind the meter.
Payment for all work and materials such as tap saddle, corporation stops, and fittings
shall be included in the price bid for Service Taps to Mains.
Payment for all work and materials such as furnishing and setting new meter box shall be
included in the price bid for furnish and set meter box.
5. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the
contractor shall furnish approved factory manufactured branches.
Payment for multiple service branches will include furnishing and installing the multiple
service branch only and all other cost will be included in other appropriate bid item(s).
6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple
service lines with taps servicing a single service meter encountered during construction
shall be replaced with one service line that is applicable for the size of the existing service
meter and approved by the Engineer.
Payment shall be made at the unit bid price in the appropriate bid item(s).
80.8 2-Inch Temporary Service Line
The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide
temporary water service to all buildings that will necessarily be required to have severed
water service during said work. The contractor shall be responsible for coordinating the
schedule of the temporary service connections and permanent service reconnections with
the building owners and the Engineer in order that the work be performed in an
expeditious manner. Severed water service must be reconnected within 2 hours of
discontinuance of service.
A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an
appropriate fire hydrant adapter fitting shall be required at the temporary service point of
connection to the City water supply. The 2-inch temporary service main and 3/4-inch
service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2"
temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated
lime (HTH) prior to installation.
In order to accurately measure the amount of water used during construction, the
Contractor will install a fire hydrant meter for all temporary service lines. Water used
during construction for flushing new mains that cannot be metered from a hydrant will be
estimated as accurately as possible. At the pre-construction conference the contractor will
advise the inspector of the number of meters that will be needed along with the locations
where they will be used. The inspector will deliver the hydrant meters to the locations.
After installation, the contractor will take full responsibility for the meters until such time
as the contractor returns those meters to the inspector. Any damage to the meters will be
05114102 SC-41
f
PART D - SPECIAL CONDITIONS
the sole responsibility of the contractor. The Water Department Meter Shop will evaluate
the condition of the meters upon return and if repairs are needed the contractor will receive
an invoice for those repairs. The issued meter is for this specific project and location only.
Any water that the contractor may need for personal use will require a separate hydrant
meter obtained by the Contractor, at their cost,from the Water Department.
The out-of-service meters shall be removed, tagged and collected by the Contractor for
delivery to the Water Department Meter Shop for reconditioning or replacement. Upon
restoring permanent service, the Contractor shall re-install the meters at the correct
location. The meter box shall be reset as necessary to be flush with the existing ground or
as otherwise directed by the Engineer.
The temporary service layout shall have a minimum available flow rate of 5 GPM at a
dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor
to determine the length of temporary service allowed, number of service taps and number
of feed points.
When the temporary service is required for more than one location the 2-inch temporary
service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next
successive project location.
Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service
connections, removal of temporary services and all other associated appurtenants
required, shall be included in the appropriate bid item.
80.9 Adjust Manholes, and Vaults (Utility Cut)
Contractor will be responsible for adjusting water valve boxes, manholes and vaults to
match new pavement grade. The unit price bid will be full payment for materials including
all labor, equipment, tools and incidentals necessary to complete the work.
80.10 Adjust Water Valve Boxes
Contractor will be responsible for adjusting water valve boxes to match new pavement
grade. The water valves themselves will be adjusted, if necessary, by City of Fort Worth
Water Department forces.
Prior to the beginning of work, the Contractor shall make an inventory of the condition of
existing water valve boxes. The Construction Engineer will field verify this inventory and
provide the Contractor replacements for broken valve boxes. The contractor shall replace
the valve boxes which are damaged during construction at no cost to the City.
The unit price bid per each will be full compensation for all labor, materials, equipment,
tools, and incidentals necessary to complete the work.
80.11 Purging and Sterilization of Water Lines
Before being placed into service all newly constructed water lines shall be purged and
sterilized in accordance with E2-24 of the General Contract Documents and Specifications
except as modified herein. The Contractor will furnish all water for INITIAL cleaning and
sterilization of water lines. All materials for construction of the project, including
appropriately sized "pipe cleaning pigs chlorine gas or chlorinated lime (HTH) shall be
M furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities
05114!02 SC-42
PART D - SPECIAL CONDITIONS
to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be
measured after 24 hours and shall not be less than 10 parts per million of free chlorine.
Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary
sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The
line may not be placed in service until two successive sets of samples, taken 24 hours
apart, have met the established standards of purity.
Purging and sterilization of the water lines shall be considered as incidental to the project
and all costs incurred will be considered to be included in the linear foot bid price of the
pipe.
80.12 Work Near Pressure Plane Boundaries
Contractor shall take note that the water line to be replaced under this contract may cross
or may be in close proximity to an existing pressure plane boundary. Care shall be taken
to ensure all "pressure plane" valves installed are installed closed and no cross
connections are made between pressure planes
80.13 Water Sample Station
GENERAL:
All water sampling station installations will be per attached Figure 34 or as required in
large water meter vaults as per Figure 33 unless otherwise directed by the Engineer.
The appropriate water sampling station will be furnished to the Contractor free of charge;
however, the Contractor will be required to pick up this item at the Field Operations
Warehouse.
PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials
necessary for the installation of the 3/4-inch type K copper service line will be shall be
included in the price bid for copper Service Line from Main to Meter.
Payment for all work and materials necessary for the installation tap saddle (if required),
corporation stops, and fittings shall be included in the price bid for Service Taps to Main.
Payment for all work and materials necessary for the installation of the sampling station,
concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper
service line which are required to provide a complete and functional water sampling
station shall be included in the price bid for Water Sample Stations.
PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials
necessary for the installation tap saddle, gate valve, and fittings shall be included in the
price bid for Service Taps to Main.
Payment for all work and materials necessary for the installation of the sampling station,
modification to the vault, fittings, and all type K copper service line which are required to
provide a complete and functional water sampling station shall be included in the price bid
for Water Sample Stations.
80.14 Ductile Iron and Gray Iron Fittings
0514102 SC-43
PART D - SPECIAL CONDITIONS
Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, —
fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings:
E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-iron
fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price
bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene
wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete _
cradle necessary for construction as designed.
All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with
polyethylene wrapping conforming to Material Specification E1-13 and Construction
Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie-
down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping,
horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall
be included in bid items for vales and fittings and no other payments will be allowed.
D-81 SPRINKLING FOR DUST CONTROL
All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall
apply. However, no direct payment will be made for this item and it shall be considered to this
contract.
D-82 DEWATERING
The Contractor shall be responsible for determining the method of dewatering operation for the
water or sewage flows from the existing mains and ground water. The Contractor shall be
responsible for damage of any nature resulting from the dewatering operations.
The DISCHARGE from any dewatering operation shall be conducted as approved by the
Engineer. Ground water shall not be discharged into sanitary sewers.
Dewatering shall be considered as incidental to a construction and all costs incurred will be
considered to be included in the project price. :.
D-83 TRENCH EXCAVATION ON DEEP TRENCHES
Contractor to prevent any water flowing into open trench during construction. Contractor shall not
leave excavated trench open overnight. Contractor shall fill any trench the same day of
excavation. No extra payment shall be allowed for this special condition.
D-84 TREE PRUNING
A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees".
B. ROOT PRUNING EQUIPMENT
1. Vibratory Knife
2. Vermeer V-1550RC Root Pruner
C. NATURAL RESOURCES PROTECTION FENCE
05114102 SC-44
PART D - SPECIAL CONDITIONS
1. Steel "T' =,Bar stakes, 6 feet long.
2. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge).
3. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red
color.
4. Combination Fence: Commercially manufactured combination soil separator fabric on
wire mesh backing as shown on the Drawings.
D. ROOT PRUNING
1. Survey and stake location of root pruning trenches as shown on drawings.
2. Using the approved specified equipment, make a cut a minimum of 36 inches deep in
order to minimize damage to the undisturbed root zone.
3. Backfill and compact the trench immediately after trenching.
4. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the
Engineer.
5. Within 24 hours, prune flush with ground and backfill any exposed roots due to
construction activity. Cover with wood chips of mulch in order to equalize soil
temperature and minimize water loss due to evaporation.
6. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no
roots over 1-inch diameter being cut unless cut by hand or cut by specified methods,
equipment and protection.
E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing
operation on areas designated by the Engineer.
F. Tree Pruning shall be considered subsidiary to the project contract price.
= D-85 TREE REMOVAL
Trees to be removed shall be removed using applicable methods, including stump and root ball
removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing
utilities both overhead and buried. The Contractor shall immediately repair or replace any
damage to utilities and private property including, but not limited to, water and sewer services,
pavement, fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree
removal, including temporary service costs, shall be considered subsidiary to the project contract
price and no additional payment will be allowed.
D-86 TEST HOLES
The matter of subsurface exploration to ascertain the nature of the soils, including the amount of
rock, if any, through which this pipeline installation is to be made is the responsibility of any and
all prospective bidders, and any bidder on this project shall submit his bid under this condition.
Whether prospective bidders perform this subsurface exploration jointly or independently, and
0514102 SC-45
PART D - SPECIAL CONDITIONS
whether they make such determination by the use of test holes or other means, shall be left to -
the discretion of such prospective bidders.
If test borings have been made and are provided for bidder's information, at the locations shown -
on the logs of borings in the appendix of this specification, it is expressly declared that neither the
City nor the .Engineer guarantees the accuracy for the information or that the material
encountered in excavations is the same, either in character, location, or elevation, as shown on _
the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations
as he deems necessary to determine the nature of the material to be excavated. The Contractor
assumes all responsibility for interpretation of these records and for making and maintaining the
required excavation and of doing other work affected by the geology of the site.
The cost of all rock removal and other associated appurtenances, if required, shall be included in i
the linear foot bid price of the pipe.
D-87 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION
Prior to beginning construction on any block in the project, the contractor shall, on a block by
block basis, prepare and deliver a notice or flyer of the pending construction to the front door of
each residence or business that will be impacted by construction. The notice shall be prepared as ..
follows:
The notification notice or flyer shall be posted seven (7) days prior to beginning any construction ,..
activity on each block in the project area. The flyer shall be prepared on the Contractor's
letterhead and shall include the following information: Name of Project, DOE No., Scope of
Project (i.e. type of construction activity), actual construction duration within the block, the name
of the contractor's foreman and his phone number, the name of the City's inspector and his
phone number and the City's after-hours phone number. A sample of the 'pre-construction
notification'flyer is attached.
The contractor shall submit a schedule showing the construction start and finish time for each
block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City
Inspector for his review prior to being distributed. The contractor will not be allowed to begin
construction on any block until the flyer is delivered to all residents of the block. An electronic
version of the sample flyer can be obtained from the construction office at 871-8306.
All work involved with the pre-construction notification flyer shall be considered subsidiary to the
contract price and no additional compensation shall be made.
D-88 TRAFFIC BUTTONS
The removal and replacement of traffic buttons is the responsibility of the contractor and shall be
considered a subsidiary item. In the event that the contractor prefers for the Signals, Signs and
Markings Division (SSMD) of the Transportation/Public Works Department to install the
markings, the contractor shall contact SSMD at (817) 871-8770 and shall reimburse SSMD for all
costs incurred, both labor and material. No additional compensation shall be made to the
contractor for this reimbursement.
D-89 NOT USED
0514102 SC-46
PART D - SPECIAL CONDITIONS
D-90 TEMPORARY PAVEMENT REPAIR
The Contractor shall provide a temporary pavement repair immediately after trench backfill and
compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of
*� compacted flex base. This temporary repair shall be rolled to provide a smooth transition
between the existing pavement and the temporary repair. The unit price bid under the
appropriate bid item of the proposal shall cover all costs for providing temporary pavement repair
for all street cuts prior to street reconstruction.
PM
05114102 SC-47
P-
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PART E
TECHNICAL SPECIFICATIONS
SPECIFICATIONS
CITY OF FORT WORTH, TEXAS
WATER DEPARTMENT
(January 1, 1978)
All materials, construction methods and procedures used in this project shall conform to Sections
z E1, E2, and E2A of the Fort Worth Water Department General Contract Documents and General
Specifications, together with any additional material specification(s), construction(s) or later
revision(s). (See revisions listed on this sheet.) Sections E1, E2 and E2A of the Fort Worth Water
Department General Contract Documents and General Specifications are hereby made a part of
this contract document by reference for all purposes, the same as if copies verbatim herein, and
such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an
official record of the City of Fort Worth.
INDEX
CONTACT CITY OF FORT WORTH FOR COMPLETE DOCUMENTS:
E1 MATERIAL SPECIFICATIONS
IP E2 CONSTRUCTION SPECIFICATIONS
E2A GENERAL DESIGN DETAILS
Revisions as of April 20, 1981, follow:
E1-2.4Backfill: (Correct minimum compaction requirement to 95% Procter density and correct P.I.
values as follows:)
C. Additional backfill requirements when approved for use in streets:
1. Type 'B' Backfill
c Maximum plastic index (PI) shall be 8
2. Type 'C' Backfill
(a) Material meeting requirements and having a PI of 8 or less shall
be considered as suitable for compaction by jetting.
(b) Material meeting requirements and having a PI of° or more shall
be considered for use only with mechanical compaction.
E2-2.11 Trench Backfill: (Correct Minimum compaction requirement wherever it appears in this
section to 95% Procter density except for paragraph a.1. where the "95% modified Procter density" shall
remain unchanged.)
7
SECTION 01000
MEASUREMENT AND PAYMENT
1.0 GENERAL
The 'Bid Price" for each and every Item, as set forth in the proposal, shall include the
furnishing of all labor,tools, materials,machinery,appliances, and equipment appurtenant to
- and necessary for the construction and completion in a first class, workmanlike manner of all
work as herein specified in strict accordance with these specifications and accompanying
plans. The 'Bid Price" shall also include any and all kinds, amount or class of excavation,
backfilling, pumping, or drainage, sheeting, shoring and bracing, disposal of any and all
surplus materials, protection of all overhead, surface or underground structures; removal
and replacement of any poles, conduits, pipelines, appurtenances and connections, cleaning
up, overhead expense, bonds, public liability and compensation and property damage
insurance, patent fees, and royalties, risk due to the elements, mobilization and
demobilization, and profits, unless otherwise specified.
The bid price shall also include all other incidentals not specifically mentioned above that
may be required to fully construct each and every Item complete in place in accordance with
the true intent and meaning of the specifications and accompanying plans.
The Contractor shall take all measures necessary to protect existing structures, lawns,trees,
shrubbery, etc., on the areas adjacent to the work, that are not necessary to remove or cut
as a part of the construction, and if damaged, shall replace them in as good condition or
better than previously existed at his own cost and expense without additional compensation
from the Owner.
s The Contractor shall protect and save all trees located on leased lots or between the
property lines and the street right-of-way, and all trees noted in the plans and as instructed
by the Owner without additional compensation by the Owner.
Listed below are descriptions of Items as listed in the Proposal and the manner in which
payment shall be awarded for each. If there is not a specific measurement and/or payment
— section,paragraph or Item associated with each Technical Specification contained in this
Contract Document, then the following descriptions shall be used to describe measurement
and payment.
2.00 BID ITEMS
2.01 ITEM NOS. 1 AND 2—PIPE
The unit price bid per linear foot of pipe, at all depths and at the various locations shown in
the proposal and included in the Contract shall be full compensation for saw cutting and
removing pavement, driveways and sidewalks; removing all utilities; clearing trees and
brush; sawing, boring, hammering,trenching and dewatering; for furnishing and installing
pipe, pipe detection tape,transition pieces, closure pieces,concrete blocking, fencing, backfill
and embedment material, carrier pipe within encasement pipe; conducting hydrostatic testing and
disinfection; and for clean up, disposal, replacing utilities and structures, and other work
necessary for acceptable installation completely in place.
r
01000—Page 1 of 7
Measurement for the pipe at various locations shall be the actual horizontal length along the
centerline of the pipe, from center to center of connecting pipes or to ends of pipes,with no
deduction in length made for valves, fittings and adapters. No separate measurement will
be made for payment for trenching, depth of installation, boring, connection to existing water
lines, removal of the thrust blocking, saw cutting and removal of pavement and sidewalks,
�. disposal,dewatering,hydrostatic testing,pigging,purging, sterilization with chlorination and
dechlorination,transition pieces, concrete blocking,fencing,joint restraints,topsoil,and
replacement of structures but will be considered subsidiary to installing the pipe.
2.02 ITEM NOS.3 AND 4—GATE VALVES
The unit price per each for gate valve and box at locations and sizes shown in the proposal
and included in the contract shall be full compensation for furnishing and installing the gate
valve and box or manhole; all required accessories and appurtenances; saw cutting and
removing pavement,driveways, and sidewalks; removing all utilities;trenching and
dewatering; transition pieces, closure pieces, concrete blocking,joint restraint,fencing,
backfill and embedment material;conducting hydrostatic testing, purging, and sterilization,
and for cleanup, disposal, replacing utilities and structures, and other work necessary for
- acceptable installation completely in place. All gate valves used shall be clockwise open.
Measurement for the gate valve and box or manhole will be the actual number installed. No
separate measurement will be made for payment for trenching, depth of installation, saw
cutting and removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,
purging, sterilization,transition pieces,concrete blocking, fittings, fencing,joint restraints,
3 replacement of structures, or furnishing and installing topsoil around valve box or manhole,
but will be considered subsidiary to installing the valve.
2.03 ITEM NO. 5—FIRE HYDRANT
The unit price per each for fire hydrants at locations shown in the proposal and included in
the contract shall be full compensation for furnishing and installing the fire hydrant;all
required accessories and appurtenances; saw cutting and removing pavement, driveways,
and sidewalks; removing all utilities:trenching and dewatering;transition pieces, closure
pieces, concrete encasement,concrete blocking,joint restraint, fencing, backfill and
embedment material; conducting hydrostatic testing; and for cleanup, disposal,replacing
utilities and structures,and other work necessary for acceptable installation completely in
place.
Measurement for the fire hydrants will be the actual number installed. No separate
measurement will be made for payment for trenching, depth of installation,saw cutting and
_ removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,purging,
sterilization,transition pieces,concrete blocking, fencing,joint restraints, replacement of
structures, or furnishing and installing topsoil around fire hydrant, but will be considered
subsidiary to installing the hydrant.
2.04 ITEM NO. 6—FIRE HYDRANT EXTENSION SECTIONS
The Fire Hydrant Extension Sections Bid Item is intended to be used when there is a need to
elevate the fire hydrant due to the natural topography at locations not shown in the Plans, or the
Specification.
01000—Page 2 of 7
The unit price bid per vertical foot of pipe shall be full compensation for barrel extension section
and extension rod with connectors for furnishing and installing fire hydrant extension sections at
any locations within the pipeline project, which is not shown in the Plans or the Specification.
Payment will be made on the actual quantity authorized in writing by the OWNER.
Measurement for the pipe at various locations shall be the actual vertical length along the
centerline of the pipe, from center to center of connecting pipes or to ends of pipes, with no
deduction in length made for valves, fittings and adapters. No separate measurement will
be made for payment for trenching, boring, connection to existing water lines, removal of the
thrust blocking, saw cutting and removal of pavement and sidewalks, disposal,dewatering,
hydrostatic testing, pigging, purging, sterilization with chlorination and dechlorination,transition
pieces, concrete blocking, fencing,joint restraints,topsoil, and replacement of structures but will
be considered subsidiary to installing the extensions.
2.05 ITEM NO. 7—SERVICE TAP
The unit price bid per each tap,at all depths and at the various locations shown in the
proposal and included in the Contract shall be full compensation for saw cutting and
removing pavement, driveways and sidewalks; removing all utilities: trenching and
dewatering; for furnishing and installing copper pipe,corporation stop pipe detection tape,
transition pieces, closure pieces,concrete blocking, shutoff valves, fittings, fencing, backfill
�. and embedment material, hydrostatic testing, disinfection; and for clean up,disposal,
replacing utilities and structures, and other work necessary for acceptable installation
completely in place.
Measurement for service taps shall be the actual number of taps. No separate measurement will
be made for payment for trenching, depth of installation, saw cutting and removal of pavement
and sidewalks, disposal, dewatering, hydrostatic testing, purging, sterilization,transition pieces,
fittings, fencing,joint restraints,topsoil,replacement of structures but will be considered
subsidiary to installing the Pipe.
2.06 ITEM NO. 8—1-INCH COPPER WATER SERVICE LINE
The unit price bid per linear foot of service line, at all depths and at the various locations shown
in the proposal and included in the Contract shall be full compensation for saw cutting and
removing pavement, driveways and sidewalks; removing all utilities: trenching and
dewatering; for furnishing and installing copper pipe,corporation stop pipe detection tape,
�. transition pieces, closure pieces,concrete blocking, shutoff valves, fittings,fencing, backfill
and embedment material, hydrostatic testing, disinfection; and for clean up, disposal,
replacing utilities and structures, and other work necessary for acceptable installation
completely in place.
Measurement for service line shall be the linear foot of the service lines routed to property line.
No separate measurement will be made for payment for trenching, depth of installation, saw
.. cutting and removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,
purging, sterilization,transition pieces, fittings, fencing,joint restraints,topsoil, replacement of
structures but will be considered subsidiary to installing the Pipe.
"� 01000—Page 3 of 7
2.07 ITEM NO. 9—CLASS A METER BOX
Unit price per meter box, supplied and installed on a service line, shall be full compensation
for saw cutting and removing pavement, driveways and sidewalks: removing all utilities;
trenching and dewatering; for furnishing and installing copper pipe, transition pieces, closure
pieces, concrete blocking, shutoff valves, fittings, fencing, backfill and embedment material,
hydrostatic testing; and for clean up, disposal, replacing utilities and structures, and other work
necessary for acceptable installation completely in place.
Measurement for meter box shall be the actual number supplied and installed. No separate
measurement will be made for payment for trenching, depth of installation, saw cutting and
removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing, purging,
sterilization, transition pieces, fittings, fencing,joint restraints, topsoil, replacement of
structures but will be considered subsidiary to installing a meter box.
2.08 ITEM NO. 10—ASPHALT PAVEMENT REPAIR-TRENCH
r
The unit price per each linear foot of asphalt pavement repaired shall be full compensation
i for replacing asphalt pavement removed from street, driveway and/or sidewalk following
backfill and compaction of trench as shown on drawings and other work necessary for acceptable
installation including concrete sub-base as necessary completely in place.
Measurement and payment shall be actual horizontal length along center line of pipe, where
trenching is used to install piping main, lateral or service across an existing asphalt paved
surface.
2.09 ITEM NO. 11 —DUCTILE IRON FITTINGS
j The unit price per ton of ductile iron fittings at various locations,types, and sizes shown in
i the proposal and included in the contract shall be full compensation for furnishing and
installing the fittings; all required accessories and appurtenances; saw cutting and removing
pavement, driveways,and sidewalks; removing all utilities: trenching and dewatering;
transition pieces, closure pieces, concrete blocking, fencing, backfill and embedment
material; conducting hydrostatic testing, purging, and sterilization, and for cleanup, disposal,
replacing utilities and structures, and other work necessary for acceptable installation
completely in place.
Measurement for the ductile iron fittings will be the actual weight of fitting installed. No
separate measurement will be made for payment for trenching, depth of installation, saw
cutting and removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,
_ purging, sterilization,transition pieces, concrete blocking, fencing,joint restraints,
replacement of structures, but will be considered subsidiary to installing fittings.
_ 2.10 ITEM NO. 12—CONCRETE ENCASEMENT
The unit price per linear foot of concrete encasement as measured along centerline of
waterline at locations shown or described in the proposal and included in the contract shall
be full compensation for furnishing materials, equipment and labor for constructing concrete
encasements.
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01000—Page 4 of 7
1
I
Trenching, boring, backfill, saw cutting, hammering, pavement removal, dewatering, clean
up, disposal, replacing utilities and structures for all depths will be paid under
4 Items 1 and 2.
2.11 ITEM NO. 13-SEEDING AND GEOTEXTILE BLANKET
The unit price bid per linear foot of seeding and geotextile shall be full compensation for seeding,
laying, cutting, and anchoring blanket on all disturbed soil and watering per Specification 02778
"Erosion Control Blanket,"and other work necessary to achieve an acceptable growth of grass.
Contractor is encouraged to minimize the area of disturbance.
Measurement and payment shall be horizontal length along centerline of pipe.
2.12 ITEM NO. 14-STORM WATER POLLUTION PREVENTION SYSTEM
The unit price bid per linear foot shall be full compensation for furnishing and installing a storm
water pollution prevention system and shall include all permits; design and all material and labor
necessary to provide a pollution prevention system in accordance with the specifications, and
including additional measures as may be required to meet local codes and ordinances, proper
maintenance of the system during and after construction and proper removal and disposal when
completed.
Measurement for the pollution prevention system shall be along the centerline of the pipeline
and shall be inclusive of both sides of the pipe trench. Payment for stormwater pollution
i prevention shall be 50 percent coinciding with payment of pipeline, and 50 percent at
establishment of ground cover to 70 percent coverage and cleanup of pollution control
measures as described in Appendix A: Stormwater Pollution Prevention Plan.
2.13 ITEM NO. 15--TRENCH EXCAVATION SAFETY PROTECTION SYSTEM
The unit price bid per linear foot shall be full compensation for designing, furnishing and
installing a trench excavation safety protection system and shall include all geotechnical
work, all shoring(including any special shoring), sheeting, bracing and any other equipment,
labor, designed by a Professional Engineer, and inspected by competent personnel on a
daily basis, and all material and labor necessary to provide a trench safety system in
accordance with the specifications.
i Measurement for the trench safety system along the pipeline shall be measured along the
centerline of the pipeline.
2.14 ITEM NO. 16-TYPE "E (1500 PSI) CONCRETE
_ The Type "E" concrete Bid Item is intended to be used when additional Type "E" concrete is
i required as directed by the OWNER at locations not shown in the Plans, or the
Specifications.
The unit price bid per cubic yard of additional Type'E' concrete shall be full compensation
when authorized by the OWNER, for furnishing and installing Type "E' concrete at any
locations within the pipeline project, which is not shown in the Plans or the Specification.
Payment will be made on the actual quantity authorized in writing by the OWNER.
01000—Pa(-,e 5 of 7
t
2.15 ITEM NO. 17—TYPE "B (2500 PSI) CONCRETE
The Type "E" concrete Bid Item is intended to be used when additional Type "E" concrete is
required as directed by the OWNER at locations not shown in the Plans, or the
Specifications.
The unit price bid per cubic yard of additional Type'E' concrete shall be full compensation
when authorized by the OWNER, for furnishing and installing Type "E' concrete at any
locations within the pipeline project, which is not shown in the Plans or the Specification.
Payment will be made on the actual quantity authorized in writing by the OWNER
2.16 ITEM NO. 18—CRUSHED LIMESTONE
The crushed limestone Bid Item is intended to be used when additional crushed limestone is
required as directed by the OWNER at locations not shown in the Plans, or the Specification.
The unit price bid per cubic yard of crushed limestone shall be full compensation when
authorized by the OWNER, for furnishing and installing crushed limestone at any locations
within the pipeline project, which is not shown in the Plans or the Specification. Payment will
be made on the actual quantity authorized in writing by the OWNER.
2.17 ITEM NO. 19—BALLAST STONE
The ballast stone Bid Item is intended to be used when additional ballast stone is
required as directed by the OWNER at locations not shown in the Plans, or the Specification.
The unit price bid per cubic yard of ballast stone shall be full compensation when
authorized by the OWNER, for furnishing and installing ballast stone at any locations
within the pipeline project, which is not shown in the Plans or the Specification. Payment will
be made on the actual quantity authorized in writing by the OWNER.
2.18 ITEM NO. 20—ROCK RIPRAP
The rock riprap Bid Item is intended to be used when additional rock riprap is
required as directed by the OWNER at locations not shown in the Plans, or the Specification.
t The unit price bid per cubic yard of rock riprap shall be full compensation when authorized by the
OWNER, for furnishing and installing rock riprap at any locations within the pipeline project,
which is not shown in the Plans or the Specification. Payment will be made on the actual
quantity authorized in writing by the OWNER.
2.19 ITEM NO. 21 —MAILBOX REPLACEMENT
f The Mailbox Replacement Bid Item is intended to be used when the replacement of a mailbox is
required as directed by the OWNER at locations not shown in the Plans, or the Specification.
iThe unit price bid per each mailbox shall be full compensation equal to or greater than the
existing mailbox when authorized by the OWNER, for furnishing and replacing mailboxes at any
location within the pipeline project, which is not shown in the Plans or the Specification.
01000—Page 6 of 7
Payment will be made on the actual quantity authorized in writing by the OWNER.
2.20 ITEM NO. 22—CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT
The unit price per each square yard of driveway repair shall be full compensation for replacing
driveway and/or sidewalk following backfill and compaction of trench as shown on drawings
and other work necessary for acceptable installation completely in place in accordance with
Drawing No. S-S5 in Section H of this document.
Measurement and payment shall be actual horizontal length along centerline of pipe, where
trenching is used to install piping main, lateral or service across an existing concrete paved
surface.
2.21 ITEM NO. 23—SOD
The unit price per square foot of sod shall be full compensation for furnishing, installing and
watering sod around meter boxes, valve boxes/pits and over trenching located on managed
or private lawns, completely in place and growing. Provide sod to match the grass type of
existing establish growth, when present. Provide Bermuda grass sod when a predominate
species of grass does not exist.
Measurement and payment shall be square feet of sod installed within the following
limitations. Quantity of sod installed over a trench shall not exceed an area two feet longer
and two feet wider than the trenched area being covered. Sod placed around valve boxes,
meter boxes or manholes shall not extend more than 18 inches beyond the outside
perimeter of the structure. Quantities exceeding these limits are not payable under this item.
2.22 ITEM NO. 24—AUTOMATIC FLUSHING UNIT
The unit price per each for automatic flushing unit at locations and sizes shown in the proposal
and included in the contract shall be full compensation for furnishing and installing the automatic
*� flushing unit, 2-inch service line, fittings, all required accessories and appurtenances; saw cutting
and removing pavement, driveways, and sidewalks, removing all utilities; trenching and
dewatering; transition pieces, closure pieces, concrete blocking,joint restraint, fencing, backfill
and embedment material, corporation stop, curb stop with valve box and cover, and flowmeter;
conducting hydrostatic testing, purging, and sterilization, and for cleanup, disposal, replacing
utilities and structures, and other work necessary for acceptable installation completely in place.
All valves used shall be clockwise open.
Measurement for the automatic flushing valve will be the actual number installed. No
_ separate measurement will be made for payment for trenching, depth of installation, saw
cutting and removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,
purging, sterilization,transition pieces, concrete blocking, fittings, fencing,joint restraints,
replacement of structures, or furnishing and installing topsoil around the automatic flushing unit,
but will be considered subsidiary to installing the automatic flushing unit.
END SECTION
,�, 01000—Page 7 of 7
I
SECTION 01800
ROCK RIPRAP-GROUT-FILTER FABRIC:
A. GENERAL:
This item shall govern for the installation of rock riprap of the various sizes shown on
the plans.
® B. DESIGN CRITERIA:
1. The toe of the riprap revetment shall be entrenched in stable channel bottoms. If the
channel bottom is not stable,the design shall incorporate other requirements needed
to stabilize the revetment toe.
2. The channel side slope shall be as shown on the drawings.
3. Engineering filter fabric material shall be placed underneath the riprap.
4. Riprap shall extend up the bank to an elevation where vegetation will provide adequate
protection. See cross sections.
C. PRODUCT:
1. RIPRAP MATERIAL: Stone for riprap shall be durable and of a suitable quality to
insure permanence in the structure. It shall be free from cracks, seams, and other
defects that would tend to increase deterioration. Rock shall be reasonably well
graded between the following prescribed limits:
24"RIPRAP
Sieve Size (Square Mesh) Percent Passing
24 inch 100
18 inch 80-90
12 inch 45-55
6 inch 0-20
18"RIPRAP
Sieve Size (Square Mesh) Percent Passing
18 inch 100
12 inch 60-85
6 inch 15-45
3 inch 0-15
2. RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid
cubic foot(min.)calculated from the bulk specific gravity(saturated surface dry).
1800—Page 1 of 4
3. FILTER FABRIC BLANKET:
Approved Manufacturer:
• Supac - Heavy Grade 8NP(UV)
• Trevira 011/280
• Amoco 4553
• Equal Heavy Grade
4. RIPRAP GROUTING
l
a. FINE AGGREGATE: Fine aggregate for grouting mix shall consist of
natural sand, manufactured sand, or a combination of natural and
manufactured sands. The grading and uniformity of the fine aggregate
shall conform to the following requirements as delivered to the mixers:
Sieve Designation, U.S. Permissible Limits
Standard Square Mesh Percent bight, Passing
r, 3/8 in. (9.5 mm) 100
No. 4 (4.75 mm) 95-100
No. 8 (2.36 mm) 80-95
No. 16 (1.18 mm) 55-75
No. 30 (600 um) 30-60
No. 50 (300 um) 12-30
No. 100 (150 um) 2-10
D. EXECUTION:
1. CONSTRUCTION:
a. The channel side slope and the toe excavation shall be prepared to the
required lines and grades.
j b. Filter fabric and riprap shall be placed in succession to the required
f thickness and elevations. Riprap shall be hand placed around structures
to prevent damage to the structures.
} 2. INSTALLATION OF THE FILTER FABRIC (GEOTEXTILE): The geotextile shall be
placed in the manner and at the locations shown on the drawings. At the time of
installation, the geotextile shall be rejected if it has defects, rips, holes, flaws,
deterioration or damage incurred during manufacture, transportation or storage. The
surface to receive the geotextile shall be prepared to a relatively smooth condition free
of obstructions, depressions, debris, and soft or low density pockets of material.
Erosion features such as rills, gullies, etc. must be graded out of the surface before
geotextile placement. The geotextile shall be placed with the long dimension
perpendicular to the centerline of the channel and laid smooth and free of tension,
stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum
width of 24-inches of overlap for each joint. Temporary pinning of the textile to help
hold it in place until the rock riprap is placed. The temporary pins shall be removed as
the riprap is placed to relieve high tensile stress which may occur during placement of
1800—Page 2 of 4
material on the geotextile. The specified placement procedure requires that the length
of the geotextile be greater than the actual slope length. The Contractor shall adjust
the actual length of the geotextile used based on initial installation experience. The
geotextile shall be protected at all times during'construction from contamination by
surface runoff and any geotextile so contaminated shall be removed and replaced with
uncontaminated geotextile. Any geotextile damaged during its installation or during
placement of riprap shall be replaced by the Contractor at no cost to the Owner. The
work shall be scheduled so that the covering of the geotextile with a layer of the
specified material is accomplished within seven (7)calendar days after placement of
the geotextile. Failure to comply shall require replacement of geotextile. The
geotextile shall be protected from damage prior to and during the placement of rock
riprap. Before placement of gabion units, the Contractor shall demonstrate that the
placement technique will prevent damage to the geotextile. In no case shall any type
of equipment be allowed on the unprotected geotextile.
3. RIPRAP PLACEMENT: Stone for riprap shall be placed on the filter fabric blanket in
such a manner as to produce a reasonably well graded mass of rock with the minimum
practicable percentage of voids and shall be constructed within the specified tolerance
to the lines and grades shown on the drawings. Then intent of these specifications is
to require placement of riprap to the thickness shown and to allow isolated stones to
extend as much as six inches above grade. Riprap shall be placed to its full course
thickness at one operation and in such a manner as to avoid displacing the fabric. The
larger stones shall be well distributed and the entire mass of stones in their final
position shall conform to the gradation specified here in before. The finished riprap shall
be free from objectionable pockets of small stones and clusters of larger stones. The
desired distribution of the various sizes of stones throughout the mass shall be
obtained by selective loading of the material at the quarry or other source, by
controlled dumping of successive loads during final placing, or by other methods of
placement which will produce the specified results. Rearranging of individual stones,
by mechanical equipment or by hand will be required to the extent necessary to obtain
a reasonably well graded distribution of stone specified above, the Contractor shall
s maintain the riprap protection until accepted. Any material displaced by any cause
shall be replaced at his erosion to the lines and grades shown on the Drawings.
4. GROUT PLACEMENT: Grout shall be composed of cement, water and air-entraining
admixture and sand mixed in the proportions of 1 part of Portland cement to 3 parts of
sand, sufficient water to produce a workable mixture, and that amount of admixture
which will entrain sufficient air to produce durable grout, as determined by the
ENGINEER. Sand for grouting shall conform to the requirements of paragraph FINE
AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for
concrete except that the time of mixing shall be increased to that necessary to produce a
mixture having a consistency such as to permit gravity flow into the interstices of the
riprap with the help of limited spading and brooming. The grout shall be used in the
work within a period of one(1)hour after mixing. Retempering of ground will not be
permitted. Riprap shall not be grouted when the ambient temperature is below 35 degree
F. or above 95 degrees F. unless approved by the ENGINEER in writing; nor when the
Qrout, without special protection, is likely to be subjected to freezing temperatures before
final set has occurred. Prior to grouting, all surfaces of riprap shall be wetted. The riprap
shall be grouted in successive longitudinal strips, approximately 10 feet in width,
commencing at the lowest strip and working up the slope. Grout shall be brought to the
place of final deposit by approved means, and in no case will grout be permitted to flow
1800—Page 3 of 4
on the riprapped surface a distance in excess of 10 feet. Immediately after dumping the
batch of grout, it shall be distributed over the surface of the strip by the use of brooms
and the grout worked into place between stones with suitable spades,trowels, or vibrating
equipment. As a final operation, the grout shall'be removed from the top surfaces of the
upper stones and from pockets and depressions in the surface of the stone protection.
After completion of any strip as specified, no workman or any load shall be permitted on
the grouted surface for a period of at least 24 hours. The grouted surface shall be
protected from rain, flowing water, and mechanical injury. The surface of all grouted
riprap shall be cured by keeping the surface continually wet for a period of not less than 7
days.
E. MEASUREMENT AND PAYMENT
The unit price bid per cubic yard of rock riprap shall be full compensation when
authorized by the OWNER, for furnishing and installing rock riprap at any
locations within the pipeline project, including the filter fabric, the stone riprap,
and the grout, which is not shown in the Plans or the Specification. Payment will
be made on the actual quantity authorized in writing by the OWNER.
END SECTION
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1800—Page 4 of 4
SECTION 01534
FILTER FABRIC FENCE
PART 1 GENERAL
1.01 SUMMARY
This Section includes the furnishing, installation, and maintenance of filter fabric fence, for
erosion and sedimentation control utilized during construction and prior to the final
development of the site.
1.02 (NOT USED)
1.03 REFERENCES
The publications listed below form a part of this specification to the extent referenced. The
publications are referred to in the text by basic designation only.
AMERICAN SOCIETY OF TESTING AND MATERIALS (ASTM)
ASTM D3786 1987 Standard Test Method for Hydraulic Bursting Strength of
Knitted Goods and Nonwoven Fabrics - Diaphragm Bursting Strength
Tester Method
ASTM D4632 1991 Standard Test Method for Grab Breaking Load and Elongation
of Geotextiles
1.04 - 1.05 (NOT USED)
1.06 SUBMITTALS
Manufacturer's catalog sheets on filter fabrics showing that they meet or exceed
requirements of this Section.
1.07- 1.11 (NOT USED)
PART 2 PRODUCTS
2.01 MANUFACTURER(S)
Filter fabric to be manufactured by Marifi,Inc., or an approved equal.
2.02 MATERIALS AND/OR EQUIPMENT
i
A. Filter Fabric
1. Provide woven or nonwoven geotextile filter fabric made of either
polypropylene, polyethylene, ethylene, or polyamide material.
Standard'November 9,1999 01534-Page 1 of 4 Filter Fabric Fence
a
i
2. Geotextile fabric shall have a grab strength of 100 psi in any principal
direction per ASTM D4632, Mullen burst strength exceeding 200 psi per
i ASTM D3786, and the equivalent opening size between 50 and 140.
3. Filter fabric material is to contain ultraviolet ray inhibitors and stabilizers to
i provide a minimum of six months of expected usable life at a temperature
range of 0°F to 120°F.
2.03 -2.04 (NOT USED)
PART 3 EXECUTION
i
3.01 GENERAL
A. Provide erosion and sedimentation control systems at locations shown on PLANS.
Such systems to be of the type indicated and to be constructed in accordance with the
requirements shown on Attachment A and as specified within this Section.
i
B. No clearing and grubbing or rough cutting, other than as specifically directed by the
OWNER to allow soil testing and surveying, to be permitted until erosion and
sedimentation control systems are in place.
i
C. Maintain existing erosion and sedimentation control systems located within the
project site installed by others prior to start of construction under this Contract until
acceptance of the project or until directed by the OWNER to remove acid discard the
existing system.
i D. Inspect and repair or replace components of all erosion and sedimentation control
systems as specified within this Section. Unless otherwise directed, maintain the
erosion and sedimentation control systems until the project is accepted by the
OWNER. Remove erosion and sedimentation control systems promptly when
? directed by the OWNER. Discard removed materials offsite.
E. Remove and dispose sediment deposits at the project spoil site. If a project spoil site
is not designated on PLANS, dispose of sediment offsite at location not in or adjacent
to stream or floodplain. Off site disposal will be the responsibility of the
CONTRACTOR. Sediment to be placed at the project site to be spread, compacted
i and stabilized as directed by the OWNER. Sediment is not to be allowed to flush
into stream or drainage way. If sediment has been contaminated, it must be disposed
of in accordance with existing federal, state and local regulations.
a
F. Equipment and vehicles to be prohibited by the CONTRACTOR from maneuvering
on areas outside of rights-of-way and easements for construction. Damages caused
i by construction traffic to erosion and sedimentation control systems to be repaired
immediately.
3.02 (NOT USED)
Standard/November 9.1999 01534- Page 2 of 4 Filter Fabric Fence
3.03 ERECTION/INSTALLATION/APPLICATION AND/OR CONSTRUCTION
A. Provide filter fabric fence at the location(s) specified on PLANS in accordance with
Attachment A to this Section. Filter fabric fences to be installed in such a manner
that surface runoff will percolate through the system in sheet flow fashion and allow
sediment to be retained and accumulated.
T B. Trench in the toe of the filter fabric fence with a spade or mechanical trencher as
shown on Attachment A. Backfill and compact trench.
C. Attach the filter fabric to 1-inch by 2-inch wooden stakes spaced a maximum of 3
feet apart and embed a minimum of 1 foot. Install wooden stakes at a slight angle
toward the source of anticipated runoff.
D. Filter fabric fence to have a height of 18 inches.
E. Provide filter fabric in continuous rolls and cut to the length of the fence to minimize
the use of joints. When joints are necessary, splice the fabric together only at a
support post with a minimum 6-inch overlap, and seal securely.
F. Inspect the filter fabric fence after each rainfall, daily during periods of prolonged
rainfall, or at a minimum of once every two weeks. Repair or replace damaged
sections immediately. Remove sediment deposits when silt reaches one-third of the
height of the fence.
3.03 -3.10 (NOT USED)
3.11 MEASUREMENT AND PAYMENT
A. Unless indicated in the BID as a pay item, no separate payment for work performed
under this Section. Include cost of work performed under this Section in Contract
prices bid for items of which this work is a component.
B. When indicated in the BID as pay item,measure and pay for the filter fabric fence by
r the linear feet of completed and accepted filter fabric fence between the limits of the
beginning and ending of wooden stakes. Filter fabric fence, measured as stated, will
be paid for at the unit price bid for"Filter Fabric Fence, Complete In Place."
IF C. Payment for filter fabric fence will include and be full compensation for all labor,
equipment,materials, supervision,and all incidental expenses for construction of
these items,complete in place, including, but not limited to,protection of trees,
maintenance requirements,repair and replacement of damaged sections, removal of
sediment deposits, and removal of erosion and sedimentation control systems at the
end of construction.
Standard(November 9.1999 01534-Page 3 of 4 Fiher Fabnc Fence
r
r
ATTACHMENT A
FILTER FABRIC FENCE
REQUIRED SPACING 2. EXCAVATE A 4"x4" TRENCH UPSLOPE
ALONG THE LINE OF STAKES.
y iI
i
3, =1 �
FLOW J,
NN FLOW 'law" 4"
1
' 3. STAKE FILTER MATERIAL TO 4. SACKFILL AND COMPACT THE
STAKES AND EXTEND IT INTO EXCAVATED SOIL.
THE TRENCH.
N
pp
r
FLOW
FLOW '� a
ALTERNATE V-TRENCH
EXTENSION OF FABRIC EXTENSION OF FABRIC
INTO TRENCH. INTO TRENCH.
FILTER FABRIC FILTER FABRIC
FLOW � FLOW
—� —�
4" IM N.
N �-
GENERAL NOTES:
1. POSTS TO BE SET AT 3-FOOT MAXIMUM SPACING. IF FACTORY
PREASSEMBLED FENCE WITH SUPPORT NETTING IS USED, x—
SPACING OF POST MAY BE INCREASED TO 8 FEET MAXIMUM.
! 2. WHEN TWO SECTIONS OF FILTER FABRIC ADJOIN EACH OTHER
THEY SHOULD BE OVERLAPPED 6 INCHES AT THE POSTS, SYMBOL
AND FOLDED.
END OF SECTION
t
rp
I
Standard/November 9.1999 01534-Page 4 of 4 Filter Fabric Fence
7
SECTION 01539
STRAW BALE FENCE
PART 1 GENERAL
1.01 SUMMARY
This Section includes the furnishing, installation and maintenance of straw bale fences for
erosion and sedimentation control utilized during construction and prior to the final
development of the site.
1.02 - 1.11 (NOT USED)
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION
3.01 GENERAL
A. Provide erosion and sedimentation control systems at the location(s) shown on
PLANS. Such systems to be of the type indicated and to be constructed in
accordance with the requirements shown on Attachment A and specified within this
Section.
B. No clearing and grubbing or rough cutting, other than as specifically directed by the
OWNER to allow soil testing and surveying, to be permitted until erosion and
sedimentation control systems are in place.
C. Maintain existing erosion and sedimentation control systems located within the
project site installed by others prior to start of construction under this contract until
acceptance of the project or until directed by the OWNER to remove and discard the
existing systems.
D. Inspect and repair or replace components of all erosion and sedimentation control
systems as specified within this Section. Unless otherwise directed, maintain the
erosion and sedimentation control systems promptly when directed by the OWNER.
Discard removed materials offsite.
• E. Remove and dispose sediment deposits at the project spoil site. If a project spoil site
is not designated on PLANS,dispose of sediment offsite at location not in or adjacent
to stream or floodplain. Off site disposal will be the responsibility of the
CONTRACTOR. Sediment to be placed at the project site should be spread,
compacted and stabilized as directed by OWNER. Sediment shall not be allowed to
flush into stream or drainage way. If sediment has been contaminated, it must be
disposed of in accordance with existing federal, state and local regulations.
Standard"Febmary 1.1999 01539- Page 1 of 4 Strew Bale Fence
F. Equipment and vehicles be prohibited by the CONTRACTOR from maneuvering on
areas outside of dedicated rights-of-way and easements for construction. Damages
caused by construction traffic to erosion and'sedimentation control system to be
repaired immediately.
3.02 (NOT USED)
3.03 ERECTION/INSTALLATION/APPLICATION AND/OR CONSTRUCTION
A. Provide straw bale fences at locations shown on PLANS in accordance with
Attachment A to this Section. Straw bale fences shall be installed in such a manner
" that surface runoff will percolate through the system in sheet flow fashion and allow
sediment to be retained and accumulated.
r B. Bind bales with either wire, nylon, or polypropylene rope tied across the hay bales.
Jute or cotton binding is not allowed.
C. Place bales in a row with ends tightly abutting the adjacent bales. Place bales with
bindings parallel to ground surface.
D. Embed each bale in the soil a minimum of 4-inches, where possible.
E. Anchor bales securely in place with 2-3/8-inch rebar stakes driven through the bales.
The first stake in each bale to be angled toward previously laid bale to force bales.
together.
F. Fill the gaps between bales with straw to prevent sediment from escaping between
bales. Wedge carefully in order not to separate bales.
G. Inspect straw bale fences after each rainfall, daily during periods of prolonged
rainfall, or at a minimum of once a week. Repair or replace damaged section
immediately. Remove sediment deposits when silt reaches one-third of the height of
the fence.
3.04-3.10 (NOT USED)
3.11 MEASUREMENT AND PAYMENT
A. Unless indicated in the BID as a pay item, no separate payment for work performed
under this Section. Include cost of work performed under this Section in Contract
prices bid for items of which this work is a component.
B. When indicated in the BID as pay item, measure and pay for straw bale fence by the
linear feet of completed and accepted straw bale fence. Straw bale fence, measured
as stated, will be paid for at the unit price bid for"Straw Bale Fence, Complete in
Place."
Standard/February 1.1999 01539-Page 2 of 4 straw Bale Frnx
C. Payment for straw bale fence will include and be full compensation for all labor,
equipment,materials, supervision, and all incidental expenses for construction of
these items,complete in place, including, but not limited to,embankment and
excavation,protection of trees,top soiling, dust control, maintenance requirements,
repair and replacement of damaged sections,removal of sediment deposits, and
removal of erosion and sedimentation control systems at the end of the construction.
Standard'February I.1999 01539-Page 3 of 4 Straw Bale Fence
r
� i
ATTACHMENT A
r STRAW BALE FENCE
STAKE
HAY OR STRAW BALE
COMPACTED EARTH
! IIIIII f II �i'II III I I FLOW
C 4" VERTICAL FACE
SECTION
ANGLE FIRST STAKE
p TOWARD PREVIOUSLY
p LAID BALE
FILL VOIDS BETWEEN ,�i:::�•
BALES WITH SURPLUS !-._.•,;,.. _N�:r�',y;;�'`•
I+ STRAW
I
FLAW
FLAW
I
I I 2 RE-BAR STAKES, ,•
1 1/2' TO 2' INTO
GROUND.
GENERAL NOTES ANCHORING DETAIL
r
;
1. BALES TO BE PLACED IN A ROW WITH ENDS TIGHTLY ABUTTING THE ADJACENT
BALES. FILL THE VOIDS BETWEEN BALES WITH SURPLUS STRAW. PLACE BALES
WITH BINDING PARALLEL TO GROUND SURFACE.
2. EACH BALE TO BE EMBEDDED IN THE SOIL A MINIMUM OF 4
INCHES.
3. BALES SHALL BE SECURELY ANCHORED IN PLACE BY 3/8 INCH REBAR STAKES
DRIVEN THROUGH THE BALES. THE FIRST STAKE IN EACH BALE SHALL BE ANGLED
TOWARDS THE PREVIOUS BALE TO FORCE THE BALES TOGETHER.
4. BALES TO BE BOUND BY EITHER WIRE, NYLON, OR POLYPROPYLENE ROPE TIED
ACROSS THE BALES.
SYMBOL
END OF SECTION
+w
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Standard/Febmry 1.1999 01539-Page 4 of 4 Stmw Bale Fence
s
SECTION 02778,
EROSION CONTROL BLANKET
PART 1 - GENERAL
1.01 SCOPE
The CONTRACTOR shall furnish all labor, materials, tools, supervision, transportation, and
installation equipment necessary for the installation of the erosion control blankets, as specified
herein.
1.02 REFERENCES -
The current ASTM Standards on Geosynthetics, sponsored by ASTM Committee D-35, apply to
these specifications.
1.03 MATERIALS: REQUIREMENTS FOR EROSION CONTROL BLANKETS
A. Surface slope less than 3:1:
1. General: Provide 100 percent biodegradable mat with a 100 percent straw fiber.
2. Matrix: 100 percent straw fiber shall be evenly distributed over the entire mat at a
density of 0.5 lbs/sy.
3. Netting: Biodegradable, natural organic fiber thread shall be woven into approximate
1/2-inch x 1-inch mesh. Netting should weigh approximately 9.3 Ibs/1000 sf.
4. Provide North American Green S75BN or approved equal.
B. Surface slope 3:1 or greater:
1. General: Provide 100 percent biodegradable mat with a straw and coconut fiber matrix.
2. Matrix: Homogeneous mixture of 70% straw at 0.35 lb/sy and 30% coconut fiber at
0.15 lb/sy shall be evenly distributed over the entire mat at a density of 0.5 Ib/sy.
3. Netting: Biodegradable, natural organic fiber thread shall be woven into approximate
1/2-inch x 1-inch mesh on both sides of the blanket. Netting should weigh
approximately 9.3 Ibs/1000 sf.
4. Provide North American Green SC150BN or approved equal.
1.04 SUBMITTALS
A. Property values specification: The CONTRACTOR shall submit the manufacturer's
specification information which indicates the property values of the products that are to be
submitted for use on the project.
B. Samples: A sample (12-inch by 12-inch) of each erosion control blanket will be submitted
along with the specification data.
02778-1
PART 2 - INSPECTION AND TESTING
2.01 SHIPPING, STORAGE AND HANDLING
A. General: The erosion control blankets shall be shipped, stored and handled in accordance
with manufacturers'written recommendations and as specified herein. The CONTRACTOR
will be responsible for shipping, storage and handling.
B. Roll Identification: Each roll will be labeled either by printing directly on the erosion control
blanket or tagged with name of manufacturer, product number, and physical dimensions.
The label or tag information shall be affixed or attached to the roll at all times during
deployment of the roll. The roll identification number and manufacturer name will also be
marked on the protective covering.
C. Handling: No hooks, tongs or other sharp tools or instruments shall be used for handling
" erosion control blanket rolls. The erosion control blankets shall not be dragged along the
ground.
D. Site Storage: Erosion control blanket rolls shall be protected from ultraviolet (UV) light
exposure, precipitation or other inundation, soil, mud,dirt, debris, puncture, cutting, or other
damaging or deleterious conditions. The erosion control blankets shall not be stored_ directly
on the ground.
2.03 GEOTEXTILE INSPECTION
LL Prior to installation, the CONTRACTOR shall visually inspect all erosion control blanket rolls for
imperfections and possible damage. All defective rolls shall be marked and repaired in
accordance with manufacturer approved methods.
PART 3 - INSTALLATION
3.01 PLACEMENT
A. Seed the area, before installing erosion control blankets. Work shall comply with general,
supplimentary and special conditions of this specification. See Part D—Special Conditions,
paragraph D-73.3.
A B. The erosion control blanket shall be installed as described in this specification,as shown on
the Plans, or in accordance with manufacturer approved installation procedures.
B. Cleanup within the work area will be an ongoing responsibility of the CONTRACTOR.
Particular care will be taken to ensure that trash, tools, stakes, or other materials are not
trapped beneath the erosion control blanket.
3.02 DEPLOYMENT
Erosion control blankets shall be deployed free of wrinkles and folds. On slopes, the erosion
control blankets shall be anchored at the top and unrolled down the slope.
02778-2
3.03 REPAIRS
A. CONTRACTOR shall make site inspections weekly and repair all damage to erosion control
blanket. Provide additional anchors to secure blanket as needed.
B. Erosion control blanket repairs will be made with patches of the same erosion control
blanket material.
3.04 JOINING METHODS
Overlap erosion control blanket blankets per manufacturer's recommendations for best results.
Blankets shall be anchored using 4-inch UV-degradable plastic pins or 6-inch wire staples. Pins
or staples shall be applied in accordance with manufacturer's staple pattern guide.
3.05 COVER
Exposure: The erosion control blanket shall cover all backfill and disturbed soil as indicated on
the Plans. Within 24 hours of application, erosion control blanket shall be thoroughly saturated
with water and kept moist until grass completely covers the blanketed surface.
END OF SECTION
r
02778-3
SECTION 15112
Automatic Flushing Unit
- General: The equipment furnished under this Section shall be automatic water distribution flushing
device designed to be permanently installed on water distribution lines. The primary purpose of this
equipment shall be to automatically flush the desired amounts of water from water distribution systems
for the purpose of maintaining water quality.
Performance: This equipment shall be connected to a water distribution line as required by the plans or
standard installation detail. The unit is designed for automatic flushing of the water distribution line
through the opening of a control valve that is an integral part of the unit. This equipment shall be capable
of being programmed to activate on the days desired(on a continually rotating 14-day cycle). Additional
programming capabilities shall include activation at the desired time of day and for the desired duration
(in one-minute increments). All programming capabilities shall be accomplished by means of a
detachable hand held programmer. The programmer shall be capable of programming multiple units
purchased from the same manufacturer.
Acceptable Manufacturers: Automatic water distribution flushing equipment to be supplied under this
specification shall be Hydro-Guard® as manufactured by Environmental Enhancement& Technologies
USA, Inc.,(Naples, Florida)or approved equal.
Automatic Water Distribution Flushing System Components: The automatic water distribution
flushing system is composed of the automatic flushing unit, hand-held programmer, portable.sampling
device,and security screwdriver.
Automatic Flushing Unit: The automatic flushing unit shall be a single unit consisting of the following
major components described below:
1. Integral Piping and Control Valve
The piping and control valve components shall include the following:
a. The unit's internal control valve shall be capable of being activated by a 9-volt internal
battery and have operating life of 8 to 12 months under normal operating conditions.
b. The control valve shall be a globe valve type design capable of passing sand and other
debris up to 3/4" in diameter without obstructing the valve's throat.
c. The unit's standard internal piping shall be schedule 80 PVC (brass can be offered as
an option if desired).
d. The unit's internal piping and control valve shall have a static pressure rating of 150
psi with an operational rating of 100 psi.
e. Internal piping and control valve shall be capable of being removed from the housing
by means of a quick disconnect, permitting easy maintenance and repairs.
15112-Page 1 of 4
f. The control valve shall be constructed of a non-corrosive glass-reinforced nylon or
equal and shall be fitted with stainless steel hardware. The valve shall be of the type that
can be easily rebuilt.
g. The unit shall be supplied with a standard 2"male NPT water supply connection.
2.Housing
The Housing components shall be designed to dissipate the energy and distribute the flow of
pressurized water leaving the water distribution system in a circular pattern around the unit. The
discharged water shall be directed downward onto a ground level splash pad directing the flow of
water horizontally onto the surrounding area in a manner that does not promote erosion in
adequately grassed areas.
The unit shall be supplied with a below grade bottom vented base to provide stability and anti-
buoyancy capabilities. The base shall be constructed of HDPE or other non-corrosive, high
quality, polyethylene material.
j The unit's above grade components shall be constructed of a non-corrosive maintenance free
material and shall be permanently colored light green to blend with typical residential and
commercial environments. The material shall be specifically designed for direct exposure to the
sun and weather and have a minimum life expectancy of 15 years.
All mounting brackets and hardware shall be stainless steel.
3. Sampling System
The sampling system shall include the following features:
a. The sampling system shall be constructed of polyethylene or other material with equal
or greater resistance to bacterial regrowth and be connected with brass fittings.
b. The sampling system shall be designed in such a way to reduce the potential for
sampling system contamination by allowing access and inspection of the internal piping
compartment and components without disassembly or depressurization of the sampling
system.
c. Connection to the unit's sampling system shall be by means of a quick-disconnect. The
unit's sampling connection shall be buried or housed in a secure weather tight area to
minimize contamination of the sampling connection. The sampling connection itself shall
be provided with a protective sanhary cover.
4. Electrical/Electronic System
The Electrical/Electronic System shall include the following features and capabilities:
a. Be capable of storing instructions from a hand-held detachable programmer and
capable of operating the unit's internal control valve having a replaceable 9-volt battery
power supply.
15112—Page 2 of 4
b. Be provided with a secured, waterproof,quick-connection programming port.
c. Have a removable watertight programming pod with bayonet style weather tight
connection.
t d. Have heavy duty power cable with 18 gage wire.
e. Use a 9-volt waterproof latching solenoid to operate the control valve.
5. Winterization
The unit shall have available as an accessory a winterizing pump.
6. Execution
a. Prior to installation,the drainage patterns for the intended installation location shall be
viewed to ensure that any discharged water will not create hazardous conditions for
pedestrian or vehicular traffic. The selected location's drainage pattern shall also permit
discharged water to flow away from the automatic flushing valve or be absorbed by the
surrounding soil as not to create pooling over the automatic flushing valve.
b. Remove rock or other debris that might create uneven pressure on the unit from the
bottom of the hole. Compact the bottom of the hole to minimize settling after
installation.
c. Install a 4" lift of non-compacted sand or similar bedding material into the_bottom of
the hole.
d. Backfill the hole around the automatic flushing valve with clean fill, free of rock or
other debris. Backfilling shall be accomplished in 6" lifts. Use a level to ensure that the
unit is level after each lift.
e. The area 36"around the automatic flushing valve shall be sodded to prevent erosion.
f. The automatic flushing valve shall be disinfected in accordance with ADH and AWWA
Standards.
Hand Held Programmer: The Hand Held Programmer shall include the following capabilities:
1. Be menu driven for easy use.
2. Be capable of displaying and accepting commands in both English and Spanish.
3.Be supplied with a carrying case.
4.Be powered by a 9-volt battery.
5.Have a standby(operation interrupt)weather function.
6. Have a manual override operation function.
15112—Page 3 of 4
7. Be capable of storing and downloading preprogrammed instructions into the flushing
unit's internal memory.
8. Be capable of performing a solenoid operation cycle test without activating the unit.
Portable Sampling Device:
The portable sampling device shall include a quick-disconnect capable of connection to the sampling
connection that is integral to the automatic flushing unit. The portable sampling device shall consist of the
quick-disconnect, needle valve, and polyethylene sample tubing. The portable sampling device shall be
adjustable to provide a fine stream of water suitable for filling bacterial sample bottles.
Security Screwdriver:
The programming port and sampling connection of the automatic flushing unit is accessible only through
removal of two security screws. A security screwdriver with the same pattern as provided on the
automatic flushing unit is available for removal and replacement of the security screws.
w
Replacement Parts:No replacement parts are provided standard with each unit. The manufacturer
supplying equipment under this specification must maintain a supply of replacement parts.
Operation and Maintenance Manual: Each automatic water distribution system flushing unit provided
shall include a copy of the manufacturer's operation and maintenance manual.
Warranty: The equipment shall be guaranteed against defects in material and workmanship under
normal use and service for a period of one year after shipment during which time repairs or replacements
shall be made without charge.
15112—Page 4 of 4
a
PART F
a BONDS AND INSURANCE
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statues, Contractor Certifies that it
provides worker's compensation insurance coverage for all of its employees employed on City of
Fort Worth Project Number P160-0601601501090.
CONTRACTOR
By:
nn
Title
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
e known to me to be the person whose name is subscribed to the �f -regoi g
instrum t, and acknowledged to me that�he executed the same as the act and deed of, /. e,#,)i
,. for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this of
200,$
Notary Kublic in and for the State of Texas
USA VVINN
NOWY Public,Stele d To=
INr Gana EVkw Feb.21,2=
ACORDa. CERTIFICATE OF LIABILITY INSURANCE DATE(MMA70/YY)s
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Allied N. America Corp. of Tx ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
12M Colt Rood, Suits 750 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75251
(972)155-1400 F:(972)38741837 INSURERS AFFORDING COVERAGE
INSURED INSURER A.Zurich Armrican Insurance CO
Site Concrete. Inc. INSURERS:Ameficen Guar • Llab Ina Co
P. O. Box 154489 INSURER C:Great American Insurance CO
bvhg, Texas 75015-44811 INSURER D:American Zurich Insurance Co
INSURER E:
COVERAGES
THE POUCIES 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,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY FXPIRAM LIMITS DATE(MMfDQfM DATE imLyppmri
GENERAL LIABILITY EACH OCCURRENCE S 1 000 000
A X COMMERCIAL GENERAL LIABILITY GLO297912e 05/11/03 05/11/04 FIRE DAMAGE(Any one 11 50,000
CLAIMS MADE LJ OCCUR 000
PER A ADV INJURY 1
GENERAL AGGREGATE S k0001000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 000
POLICY X ME E LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ i
B X ANY AUTO TAP2979127 05111/03 OS/11/04 (Ea accident) +��
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per per"n)
X HIRED AUTOS BODILY INJURY S
X NON-OWNED AUTOS (Per a cident)
PROPERTY DAMAGE $
(PeraccidaM)
GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT
ANY AUTO EA A
OTHER THAN
AUTO ONLY: AGG
C EXCESS LIABILITY TUU3577800 05111/03 05111/04 EACH OCCURRENCE 000
X OCCUR FI CLAIMS MADE AGGREGATE slockwo
DEDUCTIBLE
RETENTION $ $TATU D WORKERS COMPENSATION AND WC2079125 05111/03 05/11/04 X I TORYS IMIT
EMPLOYERS'(JAwLnY
E.L.EACH ACCIDENT S 1000 000
E.L.DISEASE-EA EMPLOYEE 1000 000
E.L.DISEASE-POLICY LIMIT E 1,000,000
OTHER
DESCRIPTION OF OPERATKIHS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: Job No. 2302.9; Lake Worth South Shors Water Improvements - Part 2
PIGO-060160501090 m City of Fort Worth Is named Additional Insured
for coverpes.except Workers' Compenaallon (If required by written
contract and signed by Named Insured) and In provided Waiver of
Subrogation for all coverages.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _SW_DAYS WRITTEN
• NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
City o f Fort Worth IMPOSE NO OBLIGATION OR ABILITY OF ANY KIND UPON INSURER,ITS AGENTS OR
1000 Throckmorton Street REPRESENTATIVES.
Fort Worth, Texas 76102 AUTHORIZED REPRESE VE
ACORD 25-S(7/97) CACOF6tORPORATION 1988
PIMFORMANCE BOND
Bond No.SU1003828
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS. That we, (1)
Site Concrete, Inc. , a (2) Corporation of Grand Prairie, TX , hereinafter called
Principal, and (')Arch Insurance Company and Insurance Company of thg West corporation
organized and existing under the laws of the State of""' a or d fully authorized to
transact business in the State of Texas, as Surety, are held and firmly bound unto the City
of Fort Worth, a municipal corporation organized and existing under the laws of the State
%wo HuThedreb NinelJVi4a'flibusanSaA fit City, in the penal sum of
Hundred Fifty Three and 90/100 (S 295,953.90 . ) lawful money of the
United States to be paid in Fort Worth, Tarrant County, Texas, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, said
Principal has entered into a certain contract with the City of Fort Worth,Texas, dated the
of 200 , a copy of which is hereto attached and made part hereof,
for the coniruction of:
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS
PART 2
designated as Proiect No. P160-060160501090 and DOE No. 3699 , such project and
construction in the City of Fort Worth being hereinafter referred to as the "work," and
such agreement and contract and the specifications therein mentioned adopted by the City
are expressly made apart hereof, as though written herein in full.
NOW THEREFORE, if the Principal shall well, truly and faithfully perform the
work in accordance with the plans, specifications and contract documents during the
original term thereof, and any extensions thereof which may be granted by City with or
without notice to the Surety, and if he shall satisfy all claims and demands incurred under
such contract, including the payment of all amounts owed by the Principal to persons
who furnished labor, materials, or services on the Project, regardless of whether
mechanics' or material men's liens could be filed to secure same, and if the Principal
shall fully indemnify and save harmless the City from,all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and
expense which the City may incur in making good any default, then this obligation shall
be void; otherwise to remain in full force and effect.
an
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alterations or additions to the
terms of the agreement or the contract or to the work to be performed thereunder or the
r, specifications accompanying the same shall in any wise affect its obligation on this bond,
and it does hereby waive notice of any change, extension of time, alteration or addition to
the terms of the agreement or the contract or to the work or to the specifications_
+
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each of
which shall be deemed an original dated day of h 20
Site Concrete, Inc.
PRINCIPAL (4)
+
H11^�T:
(Principal) Secretary Jean IV Boney, President
+
(S E A L) Address:
3340 Roy Orr Blvd.
Grand Prairie, TX 75050
rless as to Principal
r
Arch Insurance Company and Insurance Company of the West
SURETY ?
ATTEST: By: i ` t �1• h
Attorney-in-Fact Michael B. Hitt
r U Address:
Witness Jv 12377 Merit nr_
na"as, rx Z5951
■ NOTE:(1) Date of Bond must not be prior to date of Contract.
(2) A Corporation, a Partnership or an Individual, as case may be.
• (3) Correct name of Surety.
(4) If Contractor is Partnership, all Partners should execute Bond or
the General or Managing Partner.
(5) A true copy of Power of Attorney shall be attached to Bond by
Attorney-in-Fact.
PAYMENT BOND
Bond No. SU1003828
T14E STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That we, (1)
Site Concrete,Inc. , a (2) Corporation of Grand Prairie,TX hereinafter called
Principal, and (3)Arch Insurance Company and Insurance Company of thg West corporation
organized and existing under the laws of the State o a ornand fully authorized to
transact business in the State of Texas, as Surety, are held and firmly bound unto the City
—
of Fort Worth, a municipal corporation organized and existing under the laws of the State
�wo Hundred Ninefy ve Thousanfl ne City, in the penal sum of
!ZadrecLFi#ttr Tnrc+a and gp(�00 ($ 295,953.90 ) ]awful money of the
United States to be paid in Fort Worth, Tarrant County, Texas, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS,
said Principal has entered into a certain conrract with the City of Fort Worth, Texas,
dated the ""� of , 20c" ), a copy of which is hereto attached and made
part hereof, for the co struction of:
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS
PART 2
designated as Project No. P160-060160501090 and DOE No. 3699 , such project
and construction in the City of Fort Worth, being hereinafter referred to as the "work",
and such contracts and the specifications therein mentioned adopted by the City are
expressly made a part hereof, as though written herein in full.
NOW, THEREFORE, the condition of this obligation is such that, if the Principal
shall promptly make payment to all claimants as defined in Chapter 2253 of the Texas
_ Government Code, as amended, supplying labor and materials in the prosecution of the
work provided for in said contracts, then this obligation shall be null and void, otherwise
it shall remain in full force and effect.
—
THIS BOND IS MADE AND ENTERED into solely for the protection of all
claimants supplying labor and material in the prosecution of the work provided for in said
contracts, as claimants are defined in Chapter 2253, and all such claimants shall have a
direct right of action under the bond as provided in Chapter 2253 of the Texas
Government Code,
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie in Tarrant County, State of Texas, and that the said Surety, for value received,
hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the contracts or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the contracts or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the City and the
Principal shall abridge the right of any beneficiary hereunder whose claim may be
unsatisfied.
IN WITNESS WHEREOF,this instrument is executed in six counterparts, each of
' which shall be deemed an original dated �day of 20
Site Concrete, Inc.
PRINCIPAL (4)
T E,
_ Ai T� 3!l TV: ay: C
i J
rincipal) Secretary ie S. Boney, President
(S E A L) Address:
3340 Roy Orr Blvd.
Grand Prairie,TX
WjYness as to Principal
a
Arch Insurance Company and Insurance Company of the West
SURETY.)
A,
ATTEST: By: V- -a
Attorney-in-Fact Michael B. Hill
_ Address:
Witness 12377 Merit
nr-
riall2s. TX 75951
NOTE:(1) Date of Bond muse not be prior to date of Contract.
(2) A Corporation, a Partnership or an Individual, as case may be.
., (3) Correct name of Surety.
'(4) If Contractor is Partnership,all Partners should execute Bond or
the General or Managing Partner.
(5) A true copy of Power of Attorney shall be attached to Bond by
Attorney-in-Fact.
MAINTENANCE BOND Bond No. SU1003828
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL BY THESE PRESENTS:
That Site Concrete, Inc. hereinafter called
Contractor,as principal, and Arch Insurance Company and Insurance Company thecVfp6ration
�- organized under the laws of the State of Missouri&California as surety, do hereby
acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a
Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas,
at Fort Worth, in Tarrant County,Texas,the sum of Two Hundred Ninety Five Thousand Nine Hundred
Fifty Three and 90/t$0 295,953.90 ), law-ful money of the United States, for payment of
which sum well and truly be made unto said City of Fort Worth and its successors, said
Contractor and surety do hereby bind themselves, their heirs, executors, administrators,
assigns and successors,jointly and severally.
This obligation is conditioned;however, that:
WHEREAS,said Principal has entereo into a certain contract with the City of Fort
Worth, Texas, dated the .�2 of 20_2_'Xor the performance of the
following public work and the a rnstruction of the following described public
improvements:
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS
PART 2
all of the same being referred to herein and in said contract as the Work and being
designated as Project No.(s) P160-060160501090 and D.O.E. 3699 , and in said
contract, including all of the specifications, conditions and written instruments referred to
therein as contract documents being hereby incorporated herein by reference for all
,purposes and made a part hereof, the same as if set out verbatim herein; and,
WHEREAS, in said Contract, Contractor binds itself to use such materials and to
' so construct the work that it will remain in good repair and condition for and during the
period 2 year(s) after the date of the final acceptance of the work by the City; and
WHEREAS, said Contractor binds itself to maintain said work in good repair and
condition for said term of 2 year(s); and
WHEREAS, said Contractor binds itself to repair or reconstruct the work in
whole or in part at any time within said period, if in the opinion of the Director of the
City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS,
said Contractor binds itself, upon receiving notice of the need therefor to repair or
reconstruct said work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform its said agreement
to maintain, repair or reconstruct said work in accordance with all the terms and
conditions of said Contract, these presents shall be null and void, and have no .force or
effect. Otherwise, this Bond shall be and remain in full force and effect, and said City
shall have and recover from the said Contractor and its surety damages in the premises as
prescribed by said Contract_
This obligation shall be a continuing one and successive recoveries may be had
hereon for successive breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF, re Pontractox has cau§e these-presents to be
rch nsurance ompany an insurance ompan o est
executed in 6 counterparts and �s Uht111,
has caused these presents to be executed in 6 counterparts by its duly authorized
Attorney-in-Fact, and attested by its corporate seal, this day
of , A.D_20L)
Site Concrete, Inc.
Contractor
By_ *-j&
J n S. Boney, President
Arch Insurance Company and Insurance Company of the West
Surety
By.
/"" ' i
Michael B. Hill,Attorney-In-Fact
12377 Merit Dr., Dallas, TX 75251
Address
ATTEST:
(S E A, L)
Secretary
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint
Michael B. Hill,Cindy Fowler,William D.Baldwin,and Suzanne C. Bladwin of Richardson,TX(EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being In full force and effect:
"VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and flied with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the.Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which It is attached,shall continue to be valid and binding upon the Company.
OOMLOO13 00 03 03
® Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to b8 figned and its corporate seal to be affixed by their
authorized officers, this 23rd day of May 20
Attested and Certified Arch Insurance Company
ance C
a
.�
CDR T1 '0
U SEAL 10
MEN
rleaeurl
Joseph S. II, Corporate Secretary Thomas P. Luckstone,Vice President
STATE OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
OFFICIAL SEAL
MELISSA B.GILLCAN,Notary Publc
State of Connecticut Melissa B.Gilligan, Notary Public
My Commission Expires February 28,2005 My commission expires 2-28-05
CERTIFICATION
�* I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated May 23. 2003 on behalf of the person(s) as listed above is a true and correct copy and that
the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;
and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on
the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this_�i _day of
NP
Joseph S. 1.16 b Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
.tFonce C
/A'C4 \\O
CORFORA E.
Y xrnL �
— Home Office: Kansas City, MO
00ML0013 00 03 03
Page 2 of 2 Printed in U.S.A.
No. 0004743
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
f duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint
GLENN E.GANCI,MICHAEL B.BILL,WILLIAM D.BALDWIN,CINDY FOWLER
on their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
qn 1NSU
avr,AA'4�i �rr'k0� INSURANCE COMPANY OF THE WEST
oar■avEe a Q�p , n THE EXPLORER INSURANCE COMPANY
q 4
SEAL � INDEPENDENCE CASUALTY AND SURETY COMPANY
° r
v� O
�:0■A �� ■
err�o■e� dy1 �'� � � y��
t!
JONI H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of California
County of San Diego } ss.
On January 16,2001,before me,Norrna Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be
the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
NORMA PORTER
COMM. #1257540 , l/
- NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY 0
U � My Commission Expires �
MARCH 19,2004
Norma Porter,Notary Public
RESOLUTIONS
on This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant
s■tr Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
OW and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
1,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this day of C2 100-27 .
PEI
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group,
11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
G
A
PART G
CONTRACT
-
PART G - CONTRACT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT, made and entered into _-3�) 2003 by and
between the City of Fort Worth, a home-rule munic pal corporation located in Tarrant
County, Texas, acting through its City Manager thereunto duly authorized so to do, Party
*h First D hereinafter J�i�2 �oAyter&_ -r'W_ . of the
of�„e First Part, �,ereira���r termed ` Owner", and
City of 11r County of and State of
7�4 g , Party of the Second part, herein fter termed "CONTRACTOR".
_ WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part (Owner),
said Party of the Second Part (Contractor) hereby agrees with the said Party of the First
Part (Owner) to commence and complete certain improvements described as follows:
Lake Worth South Shore Water Improvements Part 2
Water Project No. P160-0601601501090
DOE No. 3699
and all extra work connected therewith, under the terms as stated in the Contract
Documents, and at his (their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other
accessories and services necessary to complete the said construction, in accordance with all
the requirements of the Contract Documents, which include all maps, plats, blueprints and
other drawings and printed or written explanatory matter thereof, and the specifications
thereof, as prepared by the Engineers employed by the Owner, each of which has been
identified by the endorsement of the Contractor and the Engineers thereon, together with
the Contractor's Written Proposal and the other parts of the Contract Documents hereto
attached, including the Fort Worth Water Department General Contract Documents and
General Specifications, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
G-1 7.NH
PP
The contractor hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete same
within the time stated in the Proposal.
The owner agrees to pay the Contractor in current funds for the performance of the
contact in accordance with the Proposal submitted therefor, subject to additions and
deductions, as provided in the Contract Documents and all approved modifications thereof,
and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the Parties to these Presents have executed this Contract
in quadruplicate in the year and day first above written.
ATTEST: City of Fort Worth. Texas (Owner)
Party of the First Part
B
Mac A. Ott, Assistant City Manager
b3
'Gloria Pe o , City Secretary contract Authorization
SEAL 6 03
I
(SEAL) Date
WITNESSES: CONTRACTOR:
-74LA'��— 0 , !�>�/ �- - - -7
1 1
By:
,fey Pfe "p%L-ea
Appro for Fort Worth City Water Department Q
Dale A. Fisseler,Director
Approved as to Form Legality:
Cynthia B. Garcia, Assistant City Attorney
Contract Authorization v`FFICIA1 ROD
Date
G-2
PART H
PLANS / FIGURES
i
NO.3 BARS ON 24" CENTERS BOTH WAYS
WITH MIN.2 BARS LONGITUDINAL IN DITCH
EXISTING CURB EXIST-CONC. CLASS "A"REINFORCED CONCRETE EXISTING CONC. EXISTING
9 GUTTER ' PAVEMENT PAVEMENT REPLACEMENT EXISTING
CURB QGUTTER
SAW CUT SAW CUT
A •
I � i• i /� -` °°o;ie���ogcb000°°°'�0�°fie°po��oo /
•
j 2:27 CONCRETE __
LEXIST BASE DITCH WALL ALL TRENCH BACKfILL SHALL EXISTING BASE
(IF ANY) MEET REQUIREMENTS FOR (IF ANY)
GRADATION aCOMPACTION AS
SPECIFIED IN ITEM 402 OF THE
STANDARD SPECIFICATIONS FOR
CONSTRUCTION PUBLIC WORKS
DEPT.,CITY OF VORT WORTH,TX.
OR BACKFILL AS SPECIFIED IN
SECTIONS EI-2 a E2-2 OF THE
PROPOSED FACILITY SPECIFICATIONS FOR WATER
INSTALLATION DEPT.PROJECTS FORT WORTH
WATER DEPT.,CIYY OF FORT
PIPE WORTH,T EXAS.
NOT Us
NO.I-REINFORCED CONCRETE PAVEMENT NO•'2- IF STEEL EXISTS IN CONCRETE NO.3-REINFORCED CONCRETE PAVE-
SHALL BE REPLACED TO ORIGINAL „ PAVEMENT TO BE CUT,THE STEEL SHALL MENT WILL BE REPLACED OVER
DEPTH OR TO A MINIMUM DEPTH OF S BE CUT a SALVAGED AS POSSIBLE.A MIN- TRENCH,AS SHOWN,IN THE EVENT
WHICHEVER IS GREATER. IMUM LAP SPLICE DISTANCE OF 12” NON-REINFORCED CONCRETE
NO.4-BEDDING OF PIPE TO MATCH SHALL BE PROVIDED. PAVEMENT IS REMOVED.
ADJACENT SECTIONS OR SPECIFI-
CATION 402,WHICHEVER IS GREATER. TYPICAL S ECTION-TRENCH REPAIR
NO.5-2.27 CONCRETE MAY BE
�DELETED IFHALF THE SPECIFIED CONCRETE- PAVEMENT REV,-6-1-76
THICKNESS QF 2.27 IS ADDED TO REV.-11-1-79
THE CLASS 'A"CONCRETE. CITY OF FORT WORTH,TEXAS REV.-12-15-80
F
IlENO.0-3226 TRANSPORTATION/PUBLIC WORKS REV.-B-4 30--82
840••82
L--_ _____ENGINEERING DIVISION _ FIG.1
NO s SeAI a' 14*C[Mft43 80TH HATS UITM
0101 y SANS LOMHTWGINAL O {ITCH
MCU4O
EN goof 040000 M►NALT IMPACC N[KAUSINI Ce1ST ASRWLT EXISTING,
MMACt n 11%- NM 1 u suOrACg CWIS s SuTTEN
SAW o eut
�--re coA* w
3 '
'e „F-
p RAW
I ' COW.
am
1141 CONC $ASt ...•-.
. ! 1'•l7 CORONETS
golly rN NAM CLASSIC•oMFOW46 •• ALL TNIMCM SACMFILL SMALL 019T •FIST WO"of
M ANTI commit Mgt A1SUT810I11TS FINN MAOAfoN ANO I IF ANT I
• CON1NCVON as SAtCIFIRO w ITEM
• : . AOO of two STeN1MAS SogCwICA-
TONS ION CoMSfsucfM.INOIi
• onme Ot RT.cIfT M PONT SONY*
•c■AT 00 OACMFILL At SROII.10 M
c,low EI•S ANN 11.11 Too
MTCM SIL SC N
1001 M NFAN
T-
►sO/tcro.P40T ATM moves
wov.CIT• w PONT Res U'lte".
.`. FrSO{lO 0"%ITT ■BTALLATIM
•rFt
"Tits
g& STtO/1 OONS 01100 MTt MM NOLL NN8•9 418tL 419018 N CO COfT1 A.l'R/M000IA CORCAITt 1499 M4'ALL/Map A4IVLALT COINM eMALL
M NIFLA4IO TO ONOIML "M SAM TO M CUT.TN STt1L NOLL WE 4EFLACEO 84 6900. M 190RLAi116 TO T168 ONGIUL
Us A A ammm MRTN M S'. SMALL M CUT A"BALOAMO AS 0•eN TAfs"■Tom E VENT NON- OORTN,FNPJU MV/Ut NT 40 ALL
.OIlmmeww N in OWTIN. ►OSSIOL4 A OM MOD LM MLtx NeIN/ONCteedual g BAN& IS ASRMALy 914e6TA AMALL at I%'
no-meows a AK TO I ATM bAS/SN► OISTANCS so IS'WILL No oubv L OtNOTSS. M RNt "Mae suspect COIN
SECTISNO No wear1CATIM NS womern MA-s-1.07 CONCRETE UAT sE DELET19.IF
H NMe BTNMS1STt HALF THE 8►ECIFIIO Tq -ONESSOF f.*T IS
ADDED TO THE CLASS'A COMCA111.
TYPICAL SECTION TRENCH REPAIR
ASPHALT SURFACE & REINFORCED CONCRETE JASE
Ctrl of fosr givers SEW-0-1-70 NEV..-Se
'1 TNANSPONTATION/P' IC WORKS DEPT. ARW-M-1-yS
/Ik •38=1 REV-12-19740 FA A RFV-A•so-so
I • I 1
NO 3 BARS ON Z4-CENTERS BOTH VATS WITH
MIN 2 BARS LONGITUDINAL IN DITCH
EXIST CUR•--� EXlif BRICK REPLACE BRICK 11 fXIiT 9RICM EEIST, CURB
• GUTTER SURFACE SURFACE 1 SURFACE •GUTTER
SAW CUT
V IF
IF
•• 1 SAW[UT
! r
• • !� e
;�:: i cl'Cb°-''.LG-C'.. o �• ice.►e•
CONCRETE
SASE
Ir i2:' IZ"
LEXIST CONIC BASE
2:27 CONCRETE
All TRENCH BACKF ILL SHALL MEET
S
EXIST sue ASE CLASS-&'REINFORCED �.� IEDUIREMENTS FOR GRADATION AND L--EXIST SUB 943E
11F 4MT 1 CONCRETE SASE COMPACTION AS SPECIFIE0 IN ITEM 1 IF ANY 1
402 Of THE ITANOA0D SPECIFICA
TIONI FOR CONSTRUCTION, PUBLIC
W0RR5 DEPT-Cori OF PORT WORTH
TEXAS OR GACRPILL AS SPECIFIED IN
SECTIONS CI-! AND E2-2 OF THE
• SPECIFICATIONS 13P RATER IT�!PART•
OITC" WALL WENT PROJECTF FORT WORTH MA:ER
1,\DEPT,CITY Of TORT ROR T". TEXAS
r" `rRDrosED FACILITY INSTALLATION ,
PIPE
d
NOTES,
NO 1-CONCRETE BASE WILL BE REPLACED MO 2•IF STILL EXISTS NM CONCRETE BASE NOS-REINFORCED CONCRETE BASE NO 4•EXISTING SRICX SHALL BE REMOVED
TO ORIGINAL DEPTH OR TO A MINI TO Be CUT, THE STEEL SHALL WILL BEREPLACED AS SHOWN, CAREFULLY TO AVOIDDAMAGE DAMAGED
MUM DEPT"OF S SI CUT AND SALVAD[0 AS POSS•BLE OVER THE TRENCH IN THE EVENT SRR:X IS TO ME REPLACED WITH UN-
4 MINIMUM LAP SPLICE DISTANCE NO"'REINFORCED CONCRETE BASE DAMAGED BRICK TO MATCH ADJACENT
OF 12"MILL BE PROVIDED. Is REMOVED BRICK
NOS• SEWING OF PIPE TO MATCH ADJACENT
SECTIONS OR SPECIFICATION 402,WHICHEVER HO.S-2127 CONCRETE FAY BE DELETED IF HALF THE SPECIFIED THICKNESS
IS MORE STRINGENT. OF 2127 IB ADDED TO THE CLARE`A CONCRETE.
TYPICAL SECTION-TRENCH REPAIR
TYPICAL BRICK SURFACE a REINFORCED CONCRETE BASE
cirr of FORT wowrm REV.6-1-TG
TRANSPORTATION/PUBLIC WORKS DEPT. NEV.II-1-79
REV,IZ-IS-00
file No C-3228 ___ _ - EM61MJrER/M6 -O/V/S/ON -- pE� a'?D_Dr i/6. J
1[E NOTE O morrow
EXIST CWOS EXIST am Ac LSIA.O. BEPLACEISEBT r•—[dlfT MKAC �•-[dIST CURB
O GUTTER RMIPACE ( 1• move ) WB►AGE \ O BWTTER
1[W nerl fw on
�.
B •
do
a
Ie' Ir- I
PRIME COAT
E•dT CONCRETE
®
2.27 COITCSETS MALL OE B1lTALLEB A MIL OF r ALL TAEHCM SACK/ILL SMALL MEET [dIST SAS[
BELOW BOTTOM Or EXIST. M.M.&AL MWSIATfT, - REOWR[H[Nff FOR S1IAOATpN AUG
COMPACTION AN SPECIr IEO MI ITEM
102 or rme STARIARO SrEc1to
CA•
is ALL 9SMIT AMPMAX 004LL SE REPLAQO TO THE TIOIIB 01 COWSTROf, FOR ►WONT"
(AMSL BEPM —J— WORMS ON SA CST VIL*Of, SK WONT"
SMALL SE 2 O/FIR 6R 3.! YRf[. 39cle ON B2 AND Al STof TH M
ACtoHS[�d Al1O Ed•2 OP THE
9r9CJF.CAfIOMS /OR WATER OE►ANT-
WENT PROJECTS.PORT WORTH WATER
BEOOWB or PI►E TO MATCH YYCENT KOTION D[III,CIT♦ of FORT WORTH,TEXAS
OR VIVIFICATION 401. WMICNCVEN 1$ WORE
BTROBENT. P*CPOSEO FALWTT g1TALLATION
® TETt rBOACT EN ON OMINMRT ON MAJMPROi .
EWKYTE M PAL-MEITM 0/ENIOTM N.ILAL FOOD 41
TO TIS MI%CCMMW O AMOY TO WITMlU*CONS I TM —PIPE
LOOSfI I A/SAMNATE.Tw PILL OMBTM Or ST/1ROE on" •. .'• DITCH WALL
BE MEMO NEPLAOMB NRM APPOOPMATE TNEAMW TO
EIOSTNIO BASE OR WBMABE IATEMAL.
TYPICAL_ SECTION-TRENCH REPAIR
• TYPICAL H. M. A. C.`SURFACE WITH SOIL BASE
cirr Of fowl worm r M0TMI" ASrNALTIC LORI ra
[v•1-1
TP.ANtiP??TATL WI l YI. M,R .S DEPT. 1E10_11_I-79
i1S Ne.C•3229 fir/Tr�lwnw O/Y/!/Ow -I:-TB Bo flit. I
FSEt NOTE MO.3 SELOW —
earl,cults
EXIDT.CDRe D BUTTER
D GUTTER '- °_-- T1140 COURSE
°— -- SECOND COORS[I OR R*H.M.A.0
nRST Coum
4. 4p m 0
/ �•
/ PRIME COAT
L-CXIS7 DAlE 2:27 :ONCRETE - ALL TR[NCN SACRPILL SMALL MELT
REQUIREMENTS FOR CRAVAT-ON AM0 EXIST.BARE
DITCH WALL CCAW-ACTION AS SPECIF I[0 IN IT[Y
PROPOl ED FACILITY •OS OF THE A T &PtC1PICA-
INSTALLATION TIDNS FOR CONSTRUCTION.PUBLIC
• WORKS DEPT,CITY OF FORT WORTH
PIPE TtRAS OR OCKFILL AS SPECIFIED IN
SECTIONS E1.2 AND E2.1 OF THE
SPECIFICATIONS FOR WATER DEPART-
NOTES, WENT PROJECTS.FORT WORTH WATER
1. 2:27 CONCRETE SHALL BE INSTALLED A MINIMUM D[PT.[UTT OF PORT CORTH.TEXAS.
OF B•BELOW BOTTOM OF ASPHALT PAVEMENT, • _
2. BEDDING OF PIPE 70 MATCH ADJACENT SECTIONS OR Pt UCTRAT" PAVENEYT RE►LACEfItNT
SPECIFICATION 402,WHICHEVER 13 MORE STRINGENT COURSE GRAOI IN>D RATE OF GRACE AND RATt•Of
° NO. APPLICATION-ASPHALT APPLICATUX11-$TONS:
S. ON MAJOR PAOJECTl,THE PROJECT ENGINEER OR DESIGNER 1 ACO 0.40 SAL. 2.1. 1- fE L0./O.T.
MUST EVALUATE THE FULL WIDTH OF EXISTING PikETRATION
PAVEMENT AS TO THICKNESS,COIOITI ON R ABILITY TO 0 K B' O S S SAT. O.Y. •' OS LBJ R.T.
WITHSTAND COROFRUCTIOM LOADWO.IF APPROPRIATE,THE 1 AC 6- O.Ef BAL. B°T. f(1RE-COATI N LBRf.
FULL WIDTH OF SURFACE SMALL BE REMOVED S REPLACED
• WITH APPROPRIATE TREATMENT TO EX0114111 EASE OR
SUBGRADE MATERIAL. IN THAT EVENT,2 OF N.H.A.C•
CAN BE SUSSTITUTEO FOR THE THREE COURSE
PENETRATION PAVEMENT. `
TYPICAL SECTION-TRENCH REPAIR.
TYPICAL PENETRATION PAVEMENT WITH SOIL BA E.
CJT1' Of FORT �ORTN REV-s-1-TS REV-2-12:B61D.ES)
REV-11-1-T$
TRANSPORTATION/PUBLIC WORKS DEPARTMENT REV•IE-IS-SO
REv.-3-4- 1 f/S•
File No C-3230 fNO/NEERINC O/Y/9/CAI Rer,-$-s-o$ /[.W.1
i
-� r--BROWN ,.— PMS 288 (Blue) ._. PMS 288 (Blue)
' 8'-o"
4'
r
r
2.25" t I
FdRTW6RTH Your" Water-
Unds In Action-.
225" 3,75,.
I a
I F
` ' • • 00-00000-00 I I I I I I F ! I
o III III I !
r
1 , I I o
11
- ---------
4,5"
9" Radius
`.White PMS 288 (Blue)
PROJECT SIGN Scala 1" = 1'
Figure 30
09/18/96 E2-1 Construction
I
DUMMY JOINT IN RAMP OPTIONAL PROVIDE EXPANSION JOINT ONLY
IN III - 0'l DRIVEWAY ONLY. IF CONNECTING TO EXISTING
CONCRETE DRIVE.
EXISTING CURB 81 GUTTER,IF „
ANY, MUST BE SAWED AS DIRECT- REINFORCE 6 DRIVE # 3 BARS
ED BY THE ENGINEER. A AT 18 O.C.B•W.
REINFORCE 4" WALK $13 GARS
R,O.W. LINE AT 18" O.C.B.W. REFERENCE
I I I I I
j III- 0"FOR ISI GL WY. I I
f I I IB'-0"FOR �0 UBLE DWY
STANDARD SIDEWALK 10'-0"MIN. I I N'G'L DW pp•P�O ,
17'-0"MIN. Y\ STANDARD
CURB 8. GUTTER
io I
I
co OR MATCH AS
OIRECT ED
EXP. JOINT 20'-0" MIN.SINGLE DWY. EXP. JOINT
EXCEPT EXCEPT
SLIP-FORMED 27!- 0 MIN.DOUBLE DWY. SLIP-FORMED
L HALF LENGTH PAID AS
A ATTACHED CURB (CONC=
PAVEMENT ONLY)
PLAN VIEW
SIDEWALK SLOPE 1/4" PER SEE STANDARD CURB
FOOT TO FACE OF CURB OR AS 8 GUTTER SECTION.
DIRECTED BY ENGINEERS PARKWAY WIDTH
A B (SEE TABLE) 18
4' SIDEWALK PLA��3" STANDARD
2 DRIVEWAY AND CURB DOWN 8 GUTTER PAY LIMITS RB
_�, O.
1 2°SAND CUSHION'
OR APPROVED
SUBGRADE. SECTION A-A
R,OW.LINE STABILIZED
PKWY. WIDTH A 8 DWY, PAY LIMIT ENT SUBGRADE
W/CONCRETE PAVEM
10, 1 91
I1' TO 14' 2'To5' 9' SIDEWALK SECTION THRU DRIVEWAY TO BE
POURED SAME THICKNESS AS DRIVEWAY
15'T019' 3'to7' 12' APPROACH B PAID FOR AS DRIVEWAY
APPROACH. EXISTING SIDEWALK, IFANY,
20' T022 5to7' 15� TO BE REMOVED AND REPLACED.
RrSED 9/29/67 J.A.N./W.>t.M. DRIVEWAY APPROACH
R. -'SED AUG., 79-D.J.S./W.R.M. CITY of FORT WORTH, TEXAS - CONSTRUCTION STANDARD
REVISED FEB.,' 81 -D.J.S./W.R.M,
REVISED MAY, X83-E.F.WJW.R.M, DRAWING NO. S- S 5 DATE : MAY, 1983
361 Addendum 3
APPENDIX A
STORM WATER POLLUTION PREVENTION PLAN
STORM WATER
., POLLUTION PREVENTION PLAN
for
UNDERGROUND UTILITY CONSTRUCTION
for
LAKE WORTH SOUTH
SHORE WATER
IMPROVEMENTS
PART 2
CITY OF FORT WORTH
TARRANT COUNTY
TEXAS
Turner CollieOBraden Inc
POLLUTION PItA:Vk:N7'ION PLAN
Project Name and Location:
Name: Lake Worth South Shore Water Line Improvements, Part 2
Location: Along Shoreview Drive and Abelia Street in north Fort Worth,Tarrant County,
Texas,east of Las Vegas Trail, South of IH-820,west of Bomber's Way, and north
of the City of White Settlement.
Latitude: 32°47'30"
Latitude: 97°27'30"
Owner
Contact: City of Fort Worth Water Department
.t Attn: Madelene Rafalko
1000 Throckmorton Street
Fort Worth,TX 76102
817-871-8423
Engineer
_ Contact: Turner Collie & Braden Inc.
Attn: Steve James, P.E.
1200 Summit Avenue
Suite 600
Fort Worth,TX 76102
817-698-6700
Contractor(s)Name and Address:
C
2
1.0 Site Description
a. Description of the Construction Activity
The project consists of installation of 1,690 linear feet of 6-inch water main, 2,889 linear
feet of 10-inch water main, valves, fire hydrants, and other appurtenance work to provide
water service and fire protection to the residents along Shoreview Drive, Killdeer Drive,
and Abelia Road (Attachment 1). The water line is to be placed on the side of the
roadways opposite Lake Worth where possible(see Plans). Trenches for the water line
will be approximately 2 feet wide and 5 feet deep. Erosion control measures in the form
of hay bales and silt fences will be used during construction to minimize storm water
pollution resulting from the construction.
The hilly terrain and close proximity to Lake Worth make storm water management
practices essential. Erosion control measures will be available on-site prior to
construction. The contractor will use work practices described in this Plan to minimize
_ the introduction of sediment into Lake Worth, to the extent possible without violating the
conditions set forth in the contract documents.
b. Notice of Intent
All parties defined as owners or operators must submit a Notice of Intent(NOI) at least
48 hours prior to commencement of on site construction activities. Submittal of late
" NOI's is not prohibited, however, authorization under the construction general permit is
only for discharges that occur after permit coverage is granted. Unpermitted discharges
may be subject to enforcement actions by the EPA. For the purpose of this permit, an
operator is defined as any party meeting either of the following requirements:
1. The party has operational control over construction plans and specifications,
including the ability to make modifications to those plans and specifications.
2. The party has day-to-day operational control of those activities at a project, which
are necessary to ensure compliance with a storm water pollution prevention plan for
the site or other permit conditions.
Copies of all NOI's associated with this project are included in Attachment 2 of this
SWPPP. Also, included is the form the EPA requires to be posted on the job site.
_ When the Permit Coverage Notice is received, insert a copy of notice into Attachment 3
of this plan.
C. Operator Compliance Certification and Authorized Signatory
This SWPPP must be compliance certified by the appropriate authorized representative
of the City of Fort Worth on the Operator Compliance Certification sheet and Authorized
Signatory sheet located in Attachment 4.
3
d. Certification Sheets
All contractors, subcontractors and operators engaged in activities under this SWPPP
that disturb surface soil must be identified and must sign a certification statement located
in Attachment 5.
e. Sequence of Major Activities
It is desired that the Contractor apply generally accepted erosion control, sediment loss
prevention, and waste management practices as described in the North Central Texas
Council of Governments'Storm Water Quality Best Management Practices for
Construction Activities. At a minimum, the Contractor will use a combination of silt
fences and straw bale dikes to control sediment loss and geotextile mats for erosion
control (See Attachment 6).
_ 1. Place sediment control structures at downstream inlets to the lake including all
culverts under the roadway prior to beginning the clearing of trees and other
vegetation from the portion of the project in inlet's drainage area. The erosion
control is shown in the plans.
2. Provide a silt fence around all areas used to store fill materials.
3. Provide stabilized construction entrance (See Attachment 7) for any
equipment staging areas.
4. The Contractor shall provide one of the following sediment control methods along
the area of active construction. This flexibility is needed because of the highly
variable topography and the variability of the water line location relative to the
roadway and the drainage ditch adjacent to the roadway.
1
a) Line trench is in roadway near ditch along southern side of road. In this case, if
space permits, the Contractor should place material excavated from the trench
along the trench in a manner that would allow both the existing ditch and
temporary trench to divert runoff around the newly excavated material.
Depending on the gradient of the road, diversion of sheet flow down the length
of road may also be needed.
_ b) Line is south of roadway. In this case, the Contractor should place excavated
material along the south side of the trench and minimize disturbance of cover
in the drainage ditch. As shown in Attachment 8, Figure: Type 2 Active
Construction Erosion Control Method, the Contractor should place a line of
silt fence between the trench and the drainage ditch. The Contractor should
place a straw bale diversion dikes on the south side of the excavated material
perpendicular to the excavated material to direct stormwater flowing along the
uphill side of the excavated material into stabilized areas. The diversion dikes
shall be located every 100 feet, unless the slope along the trench requires
closer locations per the Structural Control Specifications/Details in
Attachment 6. If the drainage ditch is disturbed, straw bail diversion dikes
4
+
shall be used to reduce tlox� velocities in the drainage ditch.
c) Line Crossed road. In this case, the Contractor should place excavated material
at a location that will allow runoff to be intercepted by the trench rather than
by the excavated material. Additional sediment protection may also be
required between the excavated material and the lake.
5. The disturbed area shall be covered with permanent stabilizing material within 14
calendar days of closing the trench. Trenches in pavement shall have temporary or
permanent pavement repair. Disturbed areas along trenches shall be covered with a
seeded geotextile. Once the permanent stabilizing material is in place, the active
9 construction erosion control devices shall be removed.
6. Water newly seeded areas with an amount of water and at a frequency needed to
establish ground cover. Do not remove sediment controls structures at inlets until
' ground cover has been reestablished.
7. Inspect sediment and erosion controls after each rainfall and modify controls as
needed to correct deficiencies.
f. Estimated Total Site Area,Total Disturbed Area
The total area of the site is approximately 0.50 acres. Approximately 0.20 acres of the
+ site will be disturbed at one time or another during the project. Natural vegetation,
including trees, shrubs, grasses, and weeds will be disturbed during the excavation and
installation of the water line.
+
g. Ground Cover
The ground cover that will be disturbed consists of natural vegetation including grasses,
weeds, shrubs, and some trees.
h. Runoff Coefficient
The runoff coefficient "c" for the paved areas that will be disturbed is 0.9. The runoff
+ coefficient for the vegetated areas will vary from 0.2 to 0.3. The runoff coefficient for
the overall project is calculated at 0.60. Completion of this project is not expected to
alter the above runoff coefficients.
i. Site Map
A vicinity map and USGS topographic map are attached (Attachment 1).
j. Soil Map
The soil map, soil types, and descriptions for the water line alignment are shown in
Attachment 9.
5
k. Name of the Receiving Water and Extent of Wetlands
Lake Worth, which is owned by the City of Fort Worth.
1. Location and description of any discharge associated with industrial activity
other than construction: None.
M. Endangered and Threatened Species.
The habitat for endangered species within Tarrant County will not be disturbed for this
project.
n. National Register of Historic Places.
The areas that will be disturbed by the proposed water line are not listed in the National
Register of Historic Places.
o. Notice of Termination
Compliance of the site with the General Construction Permit remains the responsibility
of all operators that have submitted an NOI until such time as they have submitted a
Notice of Termination (NOT).The permittee's authorization to discharge under the
General Construction Permit terminates at midnight of the day the NOT is signed.
All permittees must submit an NOT within thirty(30)days after one or more of the
following conditions have been met:
IP 1. Final stabilization has been achieved for all portions of the site for which the
permittee was responsible.
2. Another operator/permittee has assumed control over all areas of the site that have
not been finally submitted.
3. In residential construction operations, temporary stabilization has been completed
and the residence has been transferred to the homeowner.
A copy of the NOT associated with this construction operation is included in
Attachment 10.
P. EPA Permit Requirements
A copy of the NPDES General Permits for Storm Water Discharges from Construction
Activities in Region 6 is provided in Attachment 11.
2.0 Controls
All controls described herein will be constructed in accordance with the Technical Specifications
contained in Chapter E of these documents.
6
a. Performance Standards
In keeping in compliance with Part IV.D 2.a of the EPA's General Construction Permit
the following short and long term goals and criteria need to be applied. It is EPA's intent
that erosion and sediment controls should be designed to retain sediment on site to the
extent practicable.
All control measures must be properly selected, installed, and maintained in accordance
with the manufacturer's specifications and good engineering practices. If periodic
inspections or other information indicates a control has been used inappropriately, or
incorrectly, the permittee must replace or modify the control for site conditions.
If sediment escapes the construction site, off-site accumulations of sediment must be
removed at a frequency sufficient to minimize off-site impacts(e.g., fugitive sediment in
street could be washed into storm sewers by the next rain and/or pose a safety hazard to
users of public streets).
b. Erosion and Sediment Controls
Major erosion and sediment controls will be installed as shown on the plans prior to the
start of construction as outlined under this Storm Water Pollution Prevention Plan
(SWPPP)and will be maintained by the Contractors or his Subcontractors.
1. Nonstructural Practices
i. Upon the installation of the water lines, a seeded erosion control mat
will be provided for disturbed areas by the contractor.
ii. When all construction activity is completed and the site is stabilized,
temporary structural control devices will be removed and soils disturbed
by their removal will be reseeded. Stabilization occurs when 70 % of
the vegetation is growing in disturbed areas.
The General Permit provides that stabilization measures must be initiated on
portions of disturbed areas where construction activities have temporarily or
permanently ceased as soon as practicable, but no more than 14 days after
construction activity on that particular portion of the site has temporarily or
permanently ceased unless construction activities will resume on that portion of
WE the site within 21 days from the date that construction activities ceased.
2. Structural Practices
i. Sediment control devices such as a silt fence will be placed in drainage
ways to trap any sediment generated from construction. These will be
removed upon stabilization of the site.
ii. Haybales or burlap bag barriers will be placed on either side of existing
.• inlets to trap sediment that escapes silt fences. The hay bales will be
removed after final stabilization of the site.
7
C. Storm Water Management
Storm water from adjacent properties will be discharged by overland flow to the
proposed roadside ditch system,then into the natural drainage system.
d. Other Controls
I. Waste Disposal
i. Waste Materials
All trash and construction debris from the site will be disposed of off-
site by the Contractor. The trash and debris will be hauled to an
approved landfill. No construction waste material will be buried onsite.
All personnel will be instructed regarding the correct procedure for
waste disposal. The Contractor's foreman, who manages the day-to-day
site operations,will be responsible for seeing that these procedures are
followed.
r ii. Hazardous Waste
No hazardous waste is expected to be generated or encountered in this
project. In the event that hazardous waste is encountered, all hazardous
waste materials will be disposed of in the manner specified by local or
state regulation or by the manufacturer. The Contractor's foreman, who
r manages day-to-day site operations, will be responsible for seeing that
these practices are followed.
iii. Sanitary Waste
All sanitary waste will be regularly collected from the portable units
provided by a licensed sanitary waste management contractor.
2. Dust Control
The contractor will use appropriate measures to control dust.
3. Demonstration of Compliance with State and Local Regulations
The proposed project will be in compliance with applicable state and local waste
disposal and sanitary sewer regulations.
e. Approved State or Local Plans
There are no approved state or local site plan requirements for storm water management
or erosion and sediment control.
8
f. Off-Site Vehicle Tracking
Normally,off-site vehicle tracking of sediments is not a problem at the site. However, as
mentioned, a stabilized construction entrance should be provided, if needed,to help
- reduce vehicle tracking of sediments on paved roadways. Attachment 7 shows a typical
stabilized construction entrance. Paved streets shall be swept whenever it is necessary to
remove excess mud, dirt, or rock tracked from the site. The contractor is reminded that
all disturbed areas shall be covered with grass seed and mat.
g. Petroleum Products
All on-site vehicles will be monitored for leaks and will receive regular preventive
maintenance to reduce the chance of leakage. Petroleum products will be stored in
tightly sealed containers, which are clearly labeled.
h. Paints and Sealers
In instances where paints and sealers are needed, all containers will be tightly sealed a
stored when not required for use. Excess paint will not be discharged to the storm sewer
system but will be properly disposed of according to the manufacturer's instructions a
state and local regulations.
i. Concrete Trucks
Contractor shall provide a location for concrete trucks to wash out or discharge surplus
concrete or drum wash water on the site. The concrete wash out location shall be
enclosed with silt fence and shall have a slight depression to catch the concrete. When
concrete has set,the waste concrete shall be disposed in an appropriate landfill.
3.0 Maintenance
The following is a list of erosion and sediment controls to be used on this project.
a. Stabilization Practices
b. Structural Practices
I. Filter fabric fences
2. Haybales on upstream side of existing headwalls.
3. Storm sewers and roadside ditches
C. To maintain the practices described above,the following will be performed by
Contractor
I. Maintenance and repairs will be conducted within 24 hours of inspection report
(see Section 4.0 below).
2. Sediment will be removed from behind the sediment fences when it becomes
9
about one-third the height of the fence.
3. Sediment will be removed from the sediment trap when storage capacity has
been 50% filled.
4. All temporary controls will be removed after the disturbed areas have been
stabilized.
5. Paved streets adjacent to the construction staging entrance will be cleaned
regularly to remove excess mud and dirt tracked from the site.
i
d. Seeded areas will be inspected to confirm that a healthy stand of vegetation is
maintained. The site has achieved final stabilization once all areas are covered with
pavement, or have a stand of vegetation with at least 70% of the background vegetation
density. The density of 70% or greater must be maintained to be considered as stabilized.
The operator or their representative will water, fertilize and reseed disturbed areas as
needed to achieve this goal
e. In the event that sediment escapes the construction site, off-site accumulations of
sediment must be removed at a frequency sufficient to minimize adverse impacts. An
example of this may be the situation where sediment has washed into the street and
could be carried into the storm sewers by the next rainfall and/or pose a safety hazard to
users of public streets.
f. Specific individuals will be responsible for inspections, maintenance and repair
activities, and filling out the inspection and maintenance report.
g. Personnel selected for inspection and maintenance responsibilities will receive training.
They will be trained in the inspection and maintenance practices necessary for keeping
the erosion and sediment controls in good working order.
h. Based on inspection results, any necessary modification to this SWPPP shall be
t implemented within seven (7) calendar days of the inspection. A modification is
necessary if a control measure or operational procedure does not provide adequate
pollutant control. All revisions shall be recorded on the Record of Revisions(included
in Attachment 12)within 7 calendar days of the inspection. Revisions must be shown
on the job site copy.
i. It is the responsibility of the operator to maintain effective pollutant discharge controls.
Physical site conditions or contractor/subcontractor practices could make it necessary to
install more controls than were originally planned. For example, localized concentrations
of surface runoff or unusually steep areas could require additional silt barrier, or other
structural controls. Assessing the need for, and installing additional controls will be a
continuing contractor/subcontractor responsibility until final stabilization is achieved.
' Contractors and subcontractors implementing this SWPPP must remain alert to the need
to periodically refine and update this SWPPP in order to accomplish the intended goals.
10
4.0 Inspections
a. The Contractor will designate a qualified person or persons to perform the following
inspections:
1. Disturbed areas and areas used for storage of materials that are exposed to
precipitation will be inspected for evidence of, or the potential for, pollutants
entering the drainage system.
., 2. Erosion and sediment control measures identified in the plan will be observed to
assure that they are operating correctly.
3. Where discharge locations or points are accessible, they will be inspected to
ascertain whether erosion control measures are effective in preventing
significant impacts to receiving waters.
4. Locations where vehicles enter or exit the site will be inspected for evidence of
offsite sediment tracking.
The inspection will be conducted by the responsible person at least once every seven-
calendar days and within 24 hours after a storm of 0.5 inches or greater.
After a portion of the site is finally stabilized, inspection will be conducted at least once
every month.
b. Based on the results of the inspection, the site description (Section I) and control
measures(Section 2)of this Pollution Prevention Plan will be revised as appropriate, but
in no case later than seven calendar days following the inspection.
C. A report summarizing the scope of the inspection, name(s)and qualifications of
personnel making the inspection, the date(s)of the inspection, major observations
., relating to the implementation of the storm water pollution prevention plan, and actions
taken in accordance with item "b" above will be made and retained as part of the storm
water pollution prevention plan for at least three years from the date that the site finally
is stabilized. The report will be signed in accordance with Part VI.G of the General
Permit.
_ A copy of the signed report will be submitted to the City of Fort Worth with the
Contractor's monthly pay estimate.
_ Copies of the forms to be used for the Inspection and Maintenance Report are included
in Attachment 13 as a part of this SWPPP.
11
5.0 Non-Storm Water Discharges
a. Inventory for Pollution Prevention Plan
The following substances listed below are expected to be present onsite during
construction:
Concrete Fuels Stone
Detergents Lubricants Mortar
Wood Fire Fighting Discharges Spring Water
Uncontaminated Groundwater Pavement Wash Water Air conditioner
Condensate
A copy of the Non-Storm Water Discharge Inspection Report is Available in
Attachment 14.
b. Spill Prevention
The following are the material management practices that will be used to reduce the risk
of spills or other accidental exposure of the materials and substances described above to
storm water runoff.
1. Good Housekeeping
The following good housekeeping practices will be followed by the Contractor
onsite during the construction project
i. An effort will be made to store only enough product required to do the
job.
ii. All materials stored onsite will be stored in a neat, orderly manner in
their appropriate containers, and, if possible, under a roof or other
enclosure.
iii. Products will be kept in their original containers with the original
manufacturer's label.
iv. Substances will not be mixed with one another unless recommended by
the manufacturer.
_
V. Whenever possible, all of a product will be used up before disposing of
the container.
vi. Manufacturers' recommendations for proper use and disposal will be
followed.
V11. The site superintendent will inspect daily to assure proper use and
disposal of materials onsite.
12
viii. The contractor shall locate fuel/material storage areas away from storm
water conveyance systems. Contractor shall use a liner under
aboveground storage tanks. Contractor shall use filter fabric fencing,
haybales or berms around fuel storage areas.
ix. Contractor shall advise the City of Fort Worth immediately, verbally and
in writing, of any fuel or toxic material spills onto the project site and of
the actions taken to remedy the problem.
m
X. Contractor is responsible for disposing of fuels, materials, and
contaminated excavations in a legally approved manner.
xi. Contractor is responsible for complying with all applicable
environmental laws.
2. Once a spill has occurred, measures will be taken to prevent this type of spill
from recurring. A description of the spill,what caused it,and the cleanup
measures will also be included in the inspection report.
3. The City of Fort Worth's site supervisors are responsible for the day-to-day site
operations and will be the spill prevention and cleanup coordinators. They will
designate other site personnel who will receive spill prevention and cleanup
training.
C. Hazardous Products
1. General Practices
These practices will be used to reduce the risks associated with hazardous
materials, if hazardous materials are used.
i. Products will be kept in original containers unless they are not
resealable.
ii. Original labels and material safety data will be retained.
iii. If surplus product must be disposed of,manufacturers' or local and state
recommended methods for proper disposal will be followed.
6.0 Standard Specifications
® This section is not required by the General Permit, but is included for information purposes.
ITEMS SPECIFIED
1534 Filter Fabric Fence
1539 Straw Bale Fence
2778 Erosion Control Blanket
13
Seeding—(see Part D— Special Conditions D-73)
7.0 Procedural Requirements
During construction, the City of Fort Worth, contractors and subcontractors must comply with
the following requirements of the USEPA NPDES Storm Water General Permit:
• This SWPPP must be compliance certified for the Project prior to submission of the
Notice of Intent (NOI)
• The NOI (EPA Form 3510-6 (8/98))must be completed, signed and postmarked at least
t 2 days or 48 hours prior to beginning of the Project construction. Each entity meeting
either of the two criteria for an operator must submit a NOI to the USEPA, Storm Water
_ Notice of Intent(4203), 401 M Street, SW, Washington, DC 20460. The NOI should be
mailed either certified or registered mail with return receipt requested.
• A notice describing the construction activity and SWPPP must be conspicuously posted
i
near the main entrance of the site. If displaying the notice near the main entrance is
infeasible, the notice can be posted in a local public building such as the town hall or
public library. The permit notice must include the project's permit number, the name and
phone number of a local contact, a brief project description, and the location of the
f SWPPP if not kept on site. The EPA encourages that the general public have access to
the SWPPP at reasonable hours.
• The operator is required to keep a signed copy of this SWPPP and supporting
documents. In maintaining plans, all records and supporting documents should be
compiled together in an orderly fashion,. Federal regulations require permittee(s)to keep
the SWPPP and all reports and documents for at least three years after the project is
complete. This provision ensures that all records are available in the event the documents
need to be reviewed.
• The City, of Fort Worth, and/or their designated representatives will conduct inspections
of the project as described previously to assure compliance with this SWPPP. Based o
inspection results, this SWPPP and BMPs may require modification by the contractors
' and/or subcontractors, to assure the quality of storm water to the identified non-storm
water discharges, is leaving the site in compliance with the EPA NPDES Storm Water
General Permit. Refer to the USEPA NPDES Storm Water General Permit, Part IVA, for
specific inspection requirements. All modifications must be implemented within 7
calendar days after the inspection, if practicable.
• Modification specific to construction projects must be approved by the City of Fort
Worth prior to implementation by the contractor and/or subcontractors as required under
the USEPA NPDES Storm Water General Permit. This SWPPP may be amended at any
time if it is found to inadequately address conditions of the USEPA NPDES Storm
Water General Permit or any amendments to the permit.
r • This SWPPP must be updated within 7 calendar days from the date of inspection each
time there are significant modifications to construction activities,contractors, or
pollutant control practices. The Record of Revision is located in Attachment 12.
I 14
• Discharge of hazardous substances or oil into storm water is subject to reporting
requirements. In the event of a spill of a hazardous substance, the operator is required to
notify the National Response Center(1-800-424-8802)to properly report the spill. In
addition, the operator shall submit a written description of the release (including the type
and amount of material released, the date of release, the circumstances of the release,
and the steps to be taken to prevent future spills)to the EPA regional office in Dallas.
The SWPPP must be revised within 14 calendar days after the release to reflect the
release, staling the information above along with modifications to minimize the
possibility of future occurrences. Each contractor and subcontractor is responsible for
complying with these reporting requirements.
i
• Upon completion of the construction activities and final stabilization of the site, the
operator and/or contractor must complete and submit a Notice of Termination (NOT) to
it the USEPA, Storm Water Notice of Termination (4203), 401 M Street, SW, Washington,
DC 20460 upon final stabilization of the construction site. A copy of the NOT(Form
3510-7) is included in Attachment 10.
• A copy of the General Construction Permit is included in Attachment 11. Questions
regarding the US EPA NPDES program and this permit can be directed to the EPA,
Region VI at 1-800-245-6510 or the Notice of Intent Processing Center(703) 931-3230.
• This SWPPP along with supporting documentation must be retained for a period of three
(3)years after the completion of the Project. It is recommended that each of.the
¢ operator(s) maintain a copy of the SWPPP for the three-year period.
The SWPPP is not submitted to the USEPA unless the Director specifically requests a copy for
0 review. However, when the Director requests the SWPPP,the permittee(s) should also submit
the SWPPP to state or local sediment and erosion or storm water management agencies, or to a
municipal operator, where the site discharges through a USEPA NPDES storm water permitted
municipal separate storm sewer system.
f
I
15
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ATTACHMENT 2
NOTICE OF INTENT
THIS FORM REPLACES PREVIOUS FORM 3510-6(8-98) Form Approved. OMB No.2040-0188
See Reverse for Instructions
United States Environmental Protection Agency
NPDES Washington,DC 20460
FORM \�,EPA Notice of Intent(NOI)for Storm Water Discharges Associated with
CONSTRUCTION ACTIVITY Under a NPDES General Permit
Submission of this Notice of Intent constitutes notice that the party identified in Section I of this form intends to be authorized by a NPDES permit issued
for storm water discharges associated with construction activity in the State/Indian Country Land identified in Section II of this form. Submission of this Notice
of Intent also constitutes notice that the party identified in Section I of this form meets the eligibility requirements in Part I.B.of the general permit(including
those related to protection of endangered species determined through the procedures in Addendum A of the general permit),understands that continued
a authorization to discharge is contingent on maintaining permit eligibility,and that implementation of the Storm Water Pollution Prevention Plan required under
Part IV of the general permit will begin at the time the permittee commences work on the construction project identified in Secion II below. IN ORDER TO
OBTAIN AUTHORIZATION,ALL INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM. SEE INSTRUCTIONS ON BACK OF FORM.
I. Owner/Operator(Applicant)Information
Name: 1 1 1 1 1 1 1 ! 1 1 1 1 1 1 ! I l t l l l j l l l l { (_ 1 1 Phone: 1 1 1 1 1 1 I I I I
Status of n
Address:( 1 1 { I J l l i I I I I I l l l l l l l l l l l 1 I I I I I I I Owner/Operator: ❑
City: L_l_I I I I if_l I I I I I L I l l l l ! L 4 State: Zip Code: I I I_ I I I—I l a l I
II. Project/Site Information Is the facility located on Indian
Country Lands?
Project Name: 1 l l l 1 1 1 1 1 1 1 1 1 1 [ ! I I I I I I I I I I I I I I I Yes ❑ No ❑
Project Address/Location:
City: I I I I I I 1 I I I I I I j I I I I I I I I I 1 State: Zip Code:
Latitude: 1 1 1 1 1 1 1 Longitude: L 1 1 I 1 I I I County:
Has the Storm Water Pollution Prevention Plan(SWPPP)been prepared? Yes ❑ No❑
Optional: Address of location of
SWPPP for viewing ❑Address in Section I above ❑Address in Section II above ❑ Other address(if known)below:
SWPPP Phone:
Address:
City: I I 1 I I 1 I I I I 1 I 1 I I I 1 1 I 1 I I I State: L_I Zip Code: L I I I I I—I I I I
Name of Receiving Water: 1 1 1 1 1 I I I I 1 1 1 1 1 1 I I I I I I I I I
I I I 1 I I I I I 1 1 I I l l l l Based on instruction provided in Addendum A of the permit,are
Month Day %ar Marta Day %ar there any listed endangered or threatened species,or designated
Estimated Construction Start Date Estimated Completion Date critical habitat in the project area?
Estimate of area to be disturbed(to nearest acre): I I I I I I I Yes ❑ No ❑
Estimate of Likelihood of Discharge(choose only one): I have satisfied permit eligibility with regard to protection of
endangered species through the indicated section of Part I.B.3.e.(2)
1. ❑ Unlikely 3. ❑ Once per week 5. ❑ Continual of the permit(check one or more boxes):
2. ❑ Once per month 4. ❑ Once per day (a) ❑ (b) ❑ (c) ❑ (d)❑
III. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage this system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and
imprisonment for knowing violations.
Print Name: L I I I 1 I l I I I l lrlI 1 1 1 1 1 1 1 t 1 1 11 I l l I I Date: I I I I I I
Signature:
EPA Form 3510-9 replaced 3510-6(8-98)
Instructions—EPA Form 3510-9 Form Approved. OMB No.2040-0188
EPANotice of Intent(NOI)for Storm Water Discharges Associated with
Construction Activity to be Covered Under a NPDES Permit
Who Must File a Notice of Intent Form Convert decimal latitude 45.1234567 to degrees,minutes,and seconds.
Under the provisions of the Clean Water Act,as amended,(33 U.S.C.1251 1) The numbers to the left of the decimal point are degrees.
et.seq.;the Act),except as provided by Part I.B.3 the permit,Federal law 2) To obtain minutes, multiply the first four numbers to the right of the
prohibits discharges of pollutants in storm water from construction activities decimal point by 0.006. 1234 x.006=7.404.
without a National Pollutant Discharge Elimination System Permit. Operator(s) 3) The numbers to the left of the decimal point in the result obtained in
of construction sites where 5 or more acres are disturbed,smaller sites that step 2 are the minutes: 7'.
are part of a larger common plan of development or sale where there is a 4) To obtain seconds,multiply the remaining three numbers to the right of
cumulative disturbance of at least 5 acres,or any site designated by the the decimal from the result in step 2 by 0.06: 404 x 0.06=24.24. Since
Director,must submit an NOI to obtain coverage under an NPDES Storm the numbers to the right of the decimal point are not used,the result is
Water Construction General Permit. if you have questions about whether 24".
you need a permit under the NPDES Storm Water program,or if you need 5) The conversion for 45.1234=45° 7' 24'.
information as to whether a particular program is administered by EPA or Indicate whether the project is on Indian Country Lands.
State agency,write to or telephone the Notice of Intent Processing Center
at(703)931-3230. Indicate if the Storm Water Pollution Prevention Plan(SWPPP)has been
developed. Refer to Part IV of the general permit for information on SWPPPs.
Where to File NOI Form To be eligible for coverage,a SWPPP must have been prepared.
NOls must be sent to the following address: Optional: Provide the address and phone number where the SWPPP can
Storm Water Notice of Intent(4203M) be viewed if different from addresses previously given. Check appropriate
US EPA-Ariel Rios Building box.
1200 Pennsylvania Ave.,NW Enter the name of the closest water body which receives the project's
Washington,D.C. 20460 construction storm water discharge.
Do not send Storm Water Pollution Prevention Plans (SW PPPs)to the Enter the estimated construction start and completion dates using four digits
above address. For overnight/express delivery of NOls,please send them to for the year(i.e.05/27/1998).
SW NOI,US EPA-ICC Building, 1201 Constitution Ave.,NW,Rm.7329, Enter the estimated area to be disturbed including but not limited to:
Washington,DC 20004.NOI Center phone number is 866-352-7755. grubbing,excavation,grading,and utilities and infrastructure installation.
When to File Indicate to the nearest acre;if less than 1 acre,enter'1." Note: 1 acre=
43,560 sq.ft.
This form must be filed at least 48 hours before construction begins. Indicate your best estimate of the likelihood of storm water discharges from
Completing the Form the project. EPA recognizes that actual discharges may differ from this
estimate due to unforeseen or chance circumstances.
OBTAIN AND READ A COPY OF THE APPROPRIATE EPA STORM WATER Indicate if there are any listed endangered or threatened species, or
ONSTRUCTION GENERAL PERMIT FOR YOUR AREA. To complete designated critical habitat in the project area.
As form,type or print,using uppercase letters,in the appropriate areas
only. Please place each character between the marks (abbreviate if Indicate which Part of the permit that the applicant is eligible with regard
necessary to stay within the number of characters allowed for each item). to protection of endangered or threatened species,or designated critical
Use one space for breaks between words,but not for punctuation marks habitat.
unless they are needed to clarify your response. If you have any questions
on this forth,call the Notice of Intent Processing Center at(703)931-3230. Section 111. Certification
Section I. Facility Owner/Operator(Applicant)Information Federal Statutes provide for severe penalties for submitting false information
Provide the legal name, mailing address, and telephone number of the on this application forth. Federal regulations require this application to be
person,firth,public organization,or any other entity that meet either of the signed as follows:
following two criteria: (1)they have operational control over construction For a corporation: by a responsible corporate officer, which means:
plans and specifications,including the ability to make modifications to those (i)president,secretary,treasurer,or vice president of the corporation in
plans and specifications;or(2)they have the day4o-day operational control charge of a principal business function,or any other person who performs
+� of those activities at the project necessary to ensure compliance with SWPPP similar policy or decision making functions,or(ii)the manager of one or
requirements or other permit conditions. Each person that meets either of more manufacturing,production,or operating facilities employing more than
these criteria must file this form. Do not use a colloquial name. Correspon- 250 persons or having gross annual sales or expenditures exceeding$25
dence for the permit will be sent to this address. million(in second-quarter 1980 dollars),if authority to sign documents has
.r Enter the appropriate letter to indicate the legal status of the owner/operator been assigned or delegated to the manager in accordance with corporate
of the project: F=Federal;S=State;M=Public(other than federal or procedures;
state);P=Private. For a partnership or sole proprietorship: by a general partner of the proprietor,
or
Section 11. Project/Site Information For a municipality,state,federal,or other public facility: by either a principal
Enter the official or legal name and complete street address,including city, executive or ranking elected official. An unsigned or undated NOI forth will
county,state,zip code,and phone number of the project or site. If it lacks not be granted permit coverage.
a street address,indicate with a general statement the location of the site
(e.g.,Intersection of State Highways 61 and 34). Complete site information Paperwork Reduction Act Notice
must be provided for permit coverage to be granted. Public reporting burden for this application is estimated to average 3.7
The applicant must also provide the latitude and longitude of the facility in hours. This estimate includes time for reviewing instructions, searching
degrees,minutes,and seconds to the nearest 15 seconds. The latitude existing data sources,gathering and maintaining the data needed,and
and longitude of your facility can be located on USGS quadrangle maps. completing and reviewing the collection of information. An agency may not
Quadrangle maps can be obtained by calling 1-800 USA MAPS. Longitude conduct or sponsor,and a person is not required to respond to,a collection
and latitude may also be obtained at the Census Bureau Internet site: of information unless it displays a currently valid OMB control number.
httpJ/www.census.gov/cgi-bin/gazefteer. Send comments regarding the burden estimate, any other aspect of the
Latitude and longitude for a facility in decimal form must be converted to collection of information,or suggestions for improving this form,including
degrees,minutes and seconds for proper entry on the NOI forth. To convert any suggestions which may increase or reduce this burden tat Director,
+ecimal latitude or longitude to degrees,minutes,and seconds,follow the Agency,Regulatory Information Division ton, ,U.S.Environmental Protection
� .teps in the following example. Agency,401 M Street,SW,Washington,D.C. 20460. Include the OMB
control number on any correspondence. Do not send the completed forth
to this address.
J���ED ST,gT�s E G
a EPA NPDES
EG�`O
rq � ZA
PROS Storm Water Program o�e�
The following information is posted in compliance with Part IV.B.2.of the NPDES Region 6 Storm Water Construction
General Permit[63 Fed.Reg.36502]. This form should be posted in a conspicuous place accessible by the public at the
entrance of the facility. All parties that either individually,or taken together,meet the definition of"operator,"must be
permitted. Each parry should complete and post a separate form. Each of these parties must have separate and distinct
- NPDES permit numbers(e.g.a separate permit is typically needed for each Owner/Developer,General Contractor,and/or
Builder). If you do not know your NPDES Permit Number,contact the NOI Processing Center at(301)495-4145. EPA's
Region 6 storm water hotline phone number is (800)245-6510. If you have mailed your NOI application form and have
not received a permit number,you must post a copy of the NOT application form next to this document until you receive
your permit number. This form was prepared as an example and it is not a required form for use with the permit. This
information may be displayed in alternative form or formats within guidelines set forth in the permit. Additional
information regarding the NPDES Region 6 storm water program may be found on the Internet at
httt)://www.et)a.eov/region6/sw/. Any person with a complaint about the operation of this facility in regards to this
permit should contact EPA Region 6 at(214)665-7112.
Permit Number
Contact Name
Contact Phone
Project Description
r
SWPPP Location(only
r necessary if the site is inactive or does no
have an on-site location to store the plan.
htt2 "www.epa.zov/earthIr6/6en/w/sw/sign.odf Revision 4, October 28, 1999
ATTACHMENT 3
PERMIT COVERAGE NOTICE
(To be incorporated when received from EPA)
y
ATTACHMENT 4
OPERATOR COMPLIANCE CERTIFICATION
,.. AND AUTHORIZATION SIGNATORY
dW
t
"Director"
US EPA Region 6
1445 Ross Ave., Suite 1200 (6EN-W)
Dallas, TX 75202-2733
NPDES Storm Water General Permit No.
Delegating an "Authorized Representative"
Dear Director:
This letter serves to designate either a person or specifically described position as an authorized person for
signing reports, storm water pollution prevention plans, certifications or other information requested by the Director or
required by the permit. This authorization cannot be used for signing an NPDES permit application (e.g. Notice of
Intent(NOI))in accordance with 40 CFR 122.22. The following person or position is hereby authorized to sign
reports,plans or certifications other than the NOI application:
By signing this authorization,I confirm that I meet the following requirements to make such a designation as set
forth in either Part VI.G.1 of the Construction general permit [63 Eqd$&g 36506] or Part 9.7. of the Multi-Sector
_ general perrrut [65 x"64746-64880].
For a corporation: by a responsible corporate officer. For the purpose of this section,a responsible corporate officer means: a president,
secretary,treasurer,or vice-president of the corporation in charge of a principal business function or any other person who performs
similar policy or decision making functions for the corporation;or the manager of one or more manufacturing,production or operating
facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 525.000,000(in second quarter 1980
dollars)if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
_ For a partnership or sole proprietorship: by a general partner or the proprietor,respectively.
For a municipality,State,Federal or other public agency: by either a principal executive officer or ranking elected official. For purposes of
this section,a principal executive officer of a Federal agency includes(1)the chief executive officer of the agency,or(2)a senior executive
officer having responsibility for the overall operations of a principal geographic unit of the agency(e.g.Regional Administrators of EPA).
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information,the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment for knowing violations."
Name Title Date
You are encouraged to print this out on your company letterhead.
ATTACHMENT 5
CERTIFICATION
SHEETS
CONTRACTOR/SUBCONTRACTOR CERTIFICATION
Site: Shoreview Drive, in Fort Worth, Tarrant County, Texas.
Latitude: 32°47'30"
Longitude: 97°27'30"
I certify under penalty of law that I understand the terms and conditions of the general National Pollutant
Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with
industrial activity from the construction site identified as part of this certification.
Signature: For:
Firm:
Address:
Date: Phone:
f
ATTACHMENT 6
EROSION CONTROL MEASURES
-
-
i
i
Section 4- Construction BMPs
Erosion Control Mats Applications
Perimeter Control
® Slope Protection
Sediment Trapping
Erosion Channel Protection
■ Control Temporary Stabilization
Mats
stur e a
lool� ow.. �rDp Permanent Stabilization
i
R F.1 Fj Waste Management
Housekeeping Practices
Targeted Constituents
DESCRIPTION
An erosion control mat (ECM) is a geomembrane or biodegradable fabric 0 Sediment
planed over disturbed areas to limit the effects of erosion due to rainfall impact O Nutrients
and runoff across barren soil.Erosion control mats are manufactured by a wide Toxic Materials
variety of vendors addressing a wide variety of conditions such as vegetation
establishment and high velocity flow. Types of matting include organic (jute, O Oil& Grease
straw)and synthetic(plastic and glass fiber)materials. O Floatable Materials
PRIMARY USE O Other Construction
Mats can provide both temporary and/or permanent stabilization for Wastes
disturbed soil or barren areas. It is used for difficult to stabilize areas such as
steep slopes, temporary or permanent drainage swales, embankments or high Implementation
traffic (pedestrian) areas. Some mats are reusable, reducing the initial cost of Requirements
n
e
the installation. • Capital Costs
APPLICATIONS 0 Maintenance
Mats can be used on any construction-related disturbed area, but are 0 Training
particularly effective for erosion control of fine grained soils, and on short,
steep slopes (such as stream banks) where erosion is high and growth of 0 Suitability for
vegetation is slow. Slopes>5%
DESIGN CRITERIA Legend
A mat may be used by itself or in combination with netting or other anchors to 0 Significant Impact
promote soil stabilization. Choice of matting depends largely on slope, 0 Medium Impact
climate, soil type, and durability. Mats are usually installed according to the
manufacturer's recommended guidelines. After appropriate installation, the O Low Impact
matting should be checked for: uniform contact with the soil; security of the 7 Unknown or
lap joints;and flushness of the staples with the ground. Questionable Impact
Manufacturers information will verify acceptable applications for a particular
' product. Fe = 0.90
LIMITATIONS E-6
Although matting is highly effective in controlling erosion,it may be less cost-
effective than other BMPs for erosion control and it may require a contractor
with considerable mat installation experience for installation.
North Central Texas
Council of Governments
NCTCOG Construction BMP Manual 4-17 February 1993
Section 4-Construction BMPs
Erosion Control Mats
MAINTENANCE REQUIREMENTS
Matted areas must be inspected on a weekly basis, and after significant (>05 inch) rainfall, for bare spots
caused by weather related events. Missing or loosened matting must be replaced or re-anchored.
Specification Section
N
`® Detail ID
2160
.w
•
NCTCOG Construction Manual 4-18 February 1993
Section 4-Construction BMPs
Silt Fence Applications
Perimeter Control
Drainage area Slope Protection
imits
" l
Disturbed �oQe:;.:;°'' ,, Sediment Trapping
F�
Area
,.• . : '''free Channel Protection
Silt Fence ' Temporary Stabilization
:,� Permanent Stabilization
Stabilized Area
Waste Management
Supports
Housekeeping Practices
Targeted Constituents
DESCRIPTION
A silt fence consists of geotextile fabric supported by poultry netting or other • Sediment
backing stretched between either wooden or metal posts with the lower edge O Nutrients
of the fabric securely embedded in the soil. The fence is typically located Toxic Materials
downstream of disturbed areas to intercept runoff in the form of sheet flow.
Silt fence provides both filtration and time for sedimentation to reduce O Oil & Grease
sediment and it reduces the velocity of the runoff. Properly designed silt fence p Floatable Materials
is economical since it can be re-located during construction and re-used on
other projects. O Other Construction
Wastes
PRIMARY USE
Silt fence is normally used as perimeter control located downstream of Implementation
disturbed areas.It is only feasible for non-concentrated,sheet flow conditions. Requirements
O Capital Costs
APPLICATIONS
Silt fence is an economical means to treat overland,non-concentrated flows for 0 Maintenance
T all types of projects.Silt fences are used as perimeter control devices for both O Training
site developments and linear (roadway) type projects. They are most effective
with coarse to silty soil types.Due to the potential of clogging,silt fence should O Suitability for
not be used with clay soil types. Slopes >5%
In order to reduce the length of silt fence, it should be placed adjacent to the Legend
down slope side of the construction activities. 0 Significant Impact
- DESIGN CRITERIA O Medium Impact
O Fences are to be constructed along a line of constant elevation(along a O Low Impact
contour line)where possible. ? Unknown or
O Maximum slope adjacent to the fence is 1:1.
O Maximum distance of flow to silt fence should be 200 feet or less. Questionable Impact
O Maximum concentrated flow to silt fence shall be 1 CFS per 20 feet of C
fence. Fe = 0.75
O If 50% or less of soil, by weight, passes the U.S. Standard sieve No.
200,select the equivalent opening size(E.O.S.)to retain 85%of the soil. S-1
O Maximum equivalent opening size shall be 70 070 sieve).
O Minimum equivalent opening size shall be 100(#100 sieve). -
O If 85% or more of soil, by weight, passes the U.S. Standard sieve No.
200,silt fences shall not be used due to potential clogging. •
North Central Texas
Council of Governments
NCTCOG Construction BMP Manual 4-21 February 1993
s
Section 4-Construction BMPs
Silt Fence
O Sufficient room for the operation of sediment removal equipment shall be provided between the
silt fence and other obstructions in order to properly maintain the fence.
O The ends of the fence shall be turned upstream to prevent bypass of stormwater.
LIMITATIONS
Minor ponding will likely occur at the upstream side of the silt fence resulting in minor localized flooding.
Fences which are constructed in swales or low areas subject to concentrated flow may be overtopped
resulting in failure of the filter fence. Silt fences subject to areas of concentrated flow (waterways with
flows> 1 cfs)are not acceptable.
Silt fence can interfere with construction operations, therefore planning of access routes onto the site is
critical.
Silt fence can fail structurally under heavy storm flows, creating maintenance problems and reducing the
effectiveness of the system.
MAINTENANCE REQUIREMENTS
Inspections should be made on a weekly basis, especially after large storm events. If the fabric becomes
clogged,it should be cleaned or if necessary,replaced.
Sediment should be removed when it reaches approximately one-half the height of the fence.
5DQC41iCation Sevior
♦ B
Detail ID 2020
G G
February 1993
NCTCOG Construction Manual 4-22
Section 4- Construction BMPs
Straw Bale Dike Applications
Perimeter Control
NOW Slope Protection
Disturbed Drainage Sediment Trapping
Area
Channel Protection
Temporary Stabilization
Stabilized Area Permanent Stabilization
Waste Management
4" Embedment
Housekeeping Practices
DESCRIPTION Targeted Constituents
A straw bale dike is a temporary barrier constructed of straw bales anchored O Sediment
with wood posts, that is used to intercept sediment-laden runoff generated by O Nutrients
small disturbed areas.The straw bales can serve as both a filtration device and Toxic Materials
a dam/dike device to treat and redirect flow.Bales can consist of hay or straw
in which straw is defined as best quality straw from wheat,oats or barley,free O Oil & Grease
of weed and grass seed and hay is defined as straw which includes weed and
grass seed. O Floatable Materials
PRIMARY USE O Other Construction
A straw bale dike is used to trap sediment-laden storm runoff from small Wastes
drainage areas with relatively level grades, allowing for reduction of velocity Implementation
a thereby causing sediment to settle out. Requirements
APPLICATIONS O Capital Costs
Straw bale dikes are used to treat flow after it leaves a disturbed area on a i Maintenance
relatively small W acre)site. Due to the limited life of the straw bale,it is cost O Training
effective for small projects of a short duration.The limited weight and strength
of the straw bale makes it suitable for small, flat (< 2 percent slope) O Suitability for
contributing drainage areas. Due to the problems with straw degradation and Slopes >5%
the lack of uniform quality in straw bales, their use is discouraged except for
small residential applications. Legend
Straw bales can also be used as check dams(see Check Dam BMP S-7)for small 0 Significant Impact
watercourses such as interceptor swales and borrow ditches. Due to the O Medium Impact
problems in securely anchoring the bales, only small watercourses can O Low Impact
effectively use straw bale check dams.
Unknown or
DESIGN CRITERIA Questionable Impact
O Straw bale dikes are to be constructed along a line of constant
elevation(along a contour line). Fe = 0.67
O Straw bale dikes are suitable only for treating sheet flows across
grades of 2%or flatter. S-2
O Maximum contributing drainage area shall be 0.25 acre per 100 linear
feet of dike.
O Maximum distance of flow to dike should be 100 feet or less.
O Dimensions for individual bales shall be 30 inches minimum length,18
inches minimum height,24 inches minimum width and shall weigh no
less than 50 pounds when dry.
North Central Texas
Council of Governments
NCTCOG Construction BMP Manual 4-23 February 1993
Section 4-Construction BMPs
Straw Bale Dike
• Each straw bale shall be placed into an excavated trench having a depth of 4 inches and a width
just wide enough to accommodate the bales themselves.
O Straw bales shall be installed in such a way that there is no space between bales prevent seepage.
• Individual bales shall be held in place by at least two wood stakes driven a minimum
distance of 6 inches below the 4" excavated trench to undisturbed ground, with the first stake
driven at an angle toward the previously installed bale.
• The ends of the dike shall be turned upgrade to prevent bypass of stormwater.
• Place bales on sides such that bindings are not buried.
LIMITATIONS
Due to a short effective life caused by biological decomposition,straw bales must be replaced after a period
of no more than 3 months. During the wet and warm seasons, however, they must be replaced more
frequently as is determined by periodic inspections for structural integrity.
Straw bale dikes are not recommended for use with concentrated flows of any kind except for small check
flows in which they can serve as a check dam.
The effectiveness of straw bales in reducing sediment is very limited. Improperly maintained,straw bales
can have a negative impact on the water quality of the runoff.
MAINTENANCE REQUIREMENTS
Straw bales shall be replaced if there are signs of degradation such as straw located downstream from the
bales, structural deficiencies due to rotting straw in the bale or other signs of deterioration. Sediment
should be removed from behind the bales when it reaches a depth of approximately 6 inches.
Specification Section
A
Detail ID 2010
E
NCTCOG Construction Manual 4-24 February 1993
ATTACHMENT 7
STABILIZATION CONSTRUCTION ENTRANCE
Section 4- Construction BMPs
Stabilized Construction Entrance Applications
Perimeter Control
' Depth Slope Protection
Sediment Trapping
m' tional)
Channel Protection
y J AoWashRack
onstruction Temporary Stabilization
Width trance Permanent Stabilization
Waste Management
ment barrier Filter Fabric Housekeeping Practices
sucas st ence
Targeted Constituents
DESCRIPTION
A stabilized construction entrance consists of a pad consisting of gravel, 0 Sediment
crushed stone,recycled concrete or other rock like material on top of geotextile O Nutrients
filter cloth to facilitate the wash down and removal of sediment and other Toxic Materials
debris from construction equipment prior to exiting the construction site. For
added effectiveness, a wash rack area can be incorporated into the design to O Oil & Grease
further reduce sediment tracking. For long term projects,cattle guards or other
type of permanent rack system can be used in conjunction with a wash rack. O Floatable Materials
This directly addresses the problem of silt and mud deposition in roadways O Other Construction
used for construction site access. Wastes
PRIMARY USE Implementation
Stabilized construction entrances are used primarily for sites in which Requirements
significant truck traffic occurs on a daily basis. It reduces the need to remove t♦ Capital Costs
sediment from streets. If used properly,it also directs the majority of traffic to
a single location,reducing the number and quantity of disturbed areas on the 0 Maintenance
site and providing protection for other structural controls through traffic
O Training
control.
APPLICATIONS O Suitability for
Slopes>5%
Stabilized construction entrances are a required part of the erosion control plan
for all site developments larger than 5 acres and a recommended practice for Legend
all construction sites.It is not suitable for long,linear projects. If possible,small 0 Significant Impact
entrances should be incorporated into small lot construction due to the large
percentage of disturbed area on the site and the high potential for offsite 0 Medium Impact
tracking of silt and mud. O Low Impact
DESIGN CRITERIA ? Unknown or
• Stabilized construction entrances are to be constructed such that Questionable Impact
drainage across the entrance is directed to a controlled,stabilized outlet
on site with provisions for storage proper filtration and removal of Fe = N/A
wash water.
• The entrance must be properly graded so that storm water is not
allowed to leave the site and enter roadways. S-9
dP O Minimum width of entrance shall be 15 feet, but in no case shall the
width be less than that of the entry way to be used. upw
• Minimum depth of entrance shall be 8 inches for the entire length of
the control.
North Central Texas
Council of Governments
NCTCOG Construction BMP Manual 4-37 February 1993
Section 4- Construction BMPs
Stabilized Construction Entrance
O Minimum dimensions for the entrance shall be as follows:
Avg. Min.Width Min.Depth
Tract Area Lot Depth of Entrance of Entrance
< 1 Acre 100 feet 15 feet 20 feet
y <5 Acres 200 feet 20 feet 30 feet
<10 Acres >200 feet 20 feet 40 feet
>10 Acres >200 feet 25 feet 50 feet
• LIMITATIONS
Selection of the construction entrance location is critical in that to be effective,it must be used exclusively.
Stabilized entrances are rather expensive considering that it must be installed in combination with one or
more other sediment control techniques, but it may be cost effective compared to labor intensive street
cleaning.
MAINTENANCE REQUIREMENTS
Inspections should be made on a regular basis and after large storm events in order to ascertain whether or
not sediment and pollution are being effectively detained on site.
When sediment has substantially clogged the void area between the rocks, the aggregate mat must be
washed do%-,--:or replaced.
Y Periodic re-grading and top dressing with additional stone must be done to keep the efficiency of the
entrance from diminishing.
Specification Section
G
Detail ID 2070
r i
NCTCOG Construction Manual 4-38 February 1993
W
ATTACHMENT 8
�. TYPE 2 ACTIVE CONSTRUCTION EROSION
AND SEDIMENT CONTROL
TOP OF SLOPE
EAR HEN PLUG
NAY BALE
\ EXCAVATED MATERIAL
po
�a
Tc .v
EARTHEN PLUG
RCAD WAY DRAINAGE DITCH
SILT FENCE
ATTACHMENT 8
WATER PROJECT NO.: P160-060160501090
D.O.E NO.: 3699
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS PART 2
TYPE 2 - ACTIVE CONSTRUCTION EROSION AND SEDIMENT CONTROL
- ATTACHMENT 9
SCS SOIL SURVEY
SOILS MAP
7 7 �
LAKEm.
46 WORTH `
Arl
.. �p,y, � � �• Ys. h�;
68
►7 FLOOD
81
65
ABEL t ,*
,62
1D
A
6 67
STATES DEPARTMENT OF AGRICULTURE
ONSERVATION SERVICE TARRANT COUNT
SOIL LEGEND
SYMBOL NAME SYMBOL NAME
1 Alecto gravelly clay Ibam,1 to 8 percent slopes 45 Mabank fine Sandy loam,0 to 1 percent slopes
2 Altdo-Bolar Complex,5 to 20 percent slopes 46 1�Ma'oterre,Aledo,and Brackett soils,3 to 20 percent slopes
3 Afedo-Bolar-Urban land complex,3 to 20 percent slopes 47 Medlin clay,5 to 15 percent slopes
4 Aleoo-Urban land complex,1 to 8 percent slopes 48 Mingo clay loam,1 to 3 percent slopes
ga
"I 5 At to sit IV clay loam,5 to 12 percent slopes 49 Mingo-Urban land complex.1 to 3 percent slopes
6 Aqudla loamy fine sand,1 to 5 Percent slopes
7 Aren ts,freouently flooded 50 Navo clay loam,1 to 3 percent slopes
8 Arents,loamy 51 Navo-Urban land complex,1 to 3 percent slopes
52 Nimrod fine sand,1 to 5 percent slopes
9 Basted fine Sandy loam,0 to 3 percent slopes
10 Bastin-Urban land complex,0 to 5 percent slopes 53 Oven clay,occasionally flooded
11 Birome fine Sandy loam,1 to 5 percent slopes 54 Oven clay,frequently flooded
12 Birome-Aubrey-Rayex complex,5 to 15 percent slopes 55 Ovan-Urban land Complex,occasionally flooded
13 Birome-Aubrey•Urban land complex,5 to 15 percent slopes
14 Bolor clay loam,1 to 3 percent slopes 56 Pits,quarries
15 Briar day loom,3 to 5 percent slopes 57 Ponder clay loam,1 to 3 percent slopes
° 16 Bolar-Urban land complex.1 to 5 percent slopes 5B Ponder-Urban land complex,0 to 3 percent slopes
17 Brackett clay loam,3 to 8 percent slopes 59 Pulexas fine sandy loom,frequently flooded
18 8ranyon clay,0 to 1 percent slopes 60 Pulexes•Urban land complex,occasionally flooded
19 Burleson day,0 to 1 percent slopes 61 -�Purves clay,0 to 3 Percent slopes
62 ;Purves-Urban land complex,0 to 3 percent slopes
20 Chats inty Cloy,1 IO 3 percent slopes
21 Croswell fine sandy loam,1 to 3 percent slopes 63 Rader fine sandy loam,0 to 3 percent slopes
22 Crosstell line sandy loam,3 to 6 percent slopes 64 Rader-Urban lend complex,0 to 3 percent slopes
23 Crositell-Urban land complex,1 to 6 percent slopes
65 116P Sanger Clay,1 to 3 percent slopes
24 Ferris clay,5 to 12 percent slopes,eroded 66 Sanger clay.3 to 5 percent slopes
25 Ferris-Heiden complex.2 to 5 percent slopes 67 too Sanger-Urban land complex,1 to 5 percent slopes
° 26 Frio play clay,occasionally flooded 68 San Saba cloy.0 to 2 percent slopes
27 Frio silty clay,frequently flooded 69 Selden loamy fine sand,1 to 3 percent slopes
28 Frso-Urban land complex,occafionally flooded 70 Stlovve fine sandy loam,3 to 8 percent slopes
71 Silslid loamy fine sand,i to 5 percent popes
29 Gases fine sandy loam,i to 3 percent slopes 72 Sdstid-Urban land Complex,1 to 5 percent slopes
30 Gasd fine sandy loam,3 to 8 percent slopes 73 Slidell clay.0 to 1 percent slopes
w 31 Gases sandy clay Iwm,graded,t to 5 percent slopes 74 Slidell clay,1 to 3 percent slopes ,
Gases-Urban land complex.1 to 8 percent slopes 75 Speck clay loam,0 to 3 percent slopes °
76 Stephenville fine sandy loam,B to 15 percent slopes
Heiden clay,1 to 3 percent slopes 77 Sunev clay loam,1 to 3 percent slopes
34 Houston Black clay.1 to 3 percent slopes 78 Sunev day loam,3 to 8 percent slopes
35 Houston Black-Urban land complex,1 to 4 percent slopes 79 Sunev-Urban land complex,2 to 8 percent slopes
36 Justin loam,1 to 3 percent slopes BO Trinity clay,frequently flooded
37 Konpl fine sandy loam,t to 5 percent slopes 81 Urban land
38 Leson clay,1 to 3 percent slopes 82 Weatherford fine sandy loam,3 to 8 percent slopes
+ 39 Lindale clay loam,1 to 3 percent slopes 83 Whitesboro loam,frequently flooded
40 Lindele-Urban land complex,1 to 3 percent slopes 84 Wilson day loam,0 to 2 percent slopes
41 Lott silty clay,1 to 3 percent slopes 85 Wilson-Urban land complex.0 to 2 Percent slopes
42 Lotb Urban land corrplex,1 to 5 Percent slopes 86 Windthorst fine sandy loam,1 to 3 percent sloes
43 Luckenbach clay loam,1 to 3 percent slopes 87 Windthorst fine sandy loam,3 to 8 percent slopes
44 Luc kenbach-Urban land complex,1 to 3 percent slopes 88 Windthorsl fine sandy loam.2 to 8 percent slopes,eroded
/a
f 13
f
L
L detailed soil map units
` The map units on the detailed soil maps at the back of made up of all of them. Maloterre, Aledo, and Brackett
` this survey represent the soils in the survey area. The soils, 3 to 20 percent slopes, is an undifferentiated group
map unit descriptions in this section, along with the soil in this survey area.
maps, can be used to determine the suitability and Most map units include small scattered areas of soils
potential of a soil for specific uses. They also can be other than those for which the map unit is named. Some
used to plan the management needed for those uses. of these included soils have properties that differ
More information on each map unit, or soil, is given substantially from those of the major soil or soils. Such
under "Use and management of the soils." differences could significantly affect use and
Each map unit on the detailed soil maps represents an management of the soils in the map unit. The included
area on the landscape and consists of one or more soils soils are identified in each map unit description. Some
for which the unit is named. small areas of strongly contrasting soils are identified by
A symbol identifying the soil precedes the map unit a special symbol on the soil maps.
name in the soil descriptions. Each description includes Table 5 gives the acreage and proportionate extent of
general facts about the soil and gives the principal each map unit. Other tables (see "Summary of tables")
hazards and limitations to be considered in planning for give properties of the soils and the limitations,
specific uses. capabilities, and potentials for many uses. The Glossary
Soils that have profiles that are almost alike make up defines many of the terms used in describing the soils-.
'soil series. Except for differences in texture of the
surface layer or of the underlying material, all the soils of
a series have major horizons that are similar in soil descriptions
composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface 1—Aledo gravelly clay loam, 1 to 8 percent slopes.
layer or of the underlying material. They also can differ in This shallow and very shallow, gently sloping and
slope, stoniness, salinity, wetness, degree of erosion, sloping, loamy soil is on ridgetops underlain by fractured
and other characteristics that affect their use. On the limestone. Areas are oblong and average about 20
basis of such differences, a soil series is divided into soil acres. Slopes average about 3 percent.
0mSes. Most of the areas shown on the detailed soil Typically, the surface layer is moderately alkaline,
maps are phases of soil series. The name of a soil brown gravelly clay loam about 7 inches thick. From a
t: P
sec
depth of 7 to 17 inches is moderately alkaline, brown
commonly indicates a feature that affects use or
,o.,-,_management. For example, Gasil fine sandy loam, 1 to 3 very gravelly clay loam that is about 60 percent
} r. limestone fragments. Below that to a depth of 24 inches
percent slopes, is one of several phases in the Gasil 9 P
+ . series. is coarsely fractured limestone.
;�,,Some map units are made up of two or more major This soil is well drained. Permeability is moderate, and
gals.These map units are called soil complexes, soil available water capacity is very low. Runoff is medium,
�Y associations, or undifferentiated groups. There are no and the hazard of erosion is moderate. The root zone is
'soil associations in this survey. restricted; however, plant roots can penetrate the
`soil complex consists of two or more soils in such fractures in the bedrock.
intricate pattern or in such small areas that they Included in mapping are small areas of Bolar and
t be shown separately on the soil maps. The Purves soils and soils similar to the Aledo soil that are
ipattem and proportion of the soils are somewhat similar less than 8 inches deep to bedrock. These very shallow
areas. Aledo-Bolar complex, 5 to 20 percent soils are in the more sloping positions and make up as
Js an example. much as 30 percent of some mapped areas. Bolar and
Lndi/ferentiated group is made up of two or more Purves soils are on ridgetops and comprise 5 to 10
-that could be mapped individually but are mapped percent of some areas.
unit because similar interpretations can be made This Aledo soil is mainly used as rangeland. A few
and management. The pattern and proportion of minor areas near deep soils are cultivated.
s in a mapped area are not uniform. An area can This soil is poorly suited to use as pastureland and
?fade up of only one of the major soils, or it can be cropland because of the layers of fractured rock near the
t
14 Soil survey
surface and very low available water capacity. Kleingrass upper slopes, and Sanger soils on foot slopes. These
is one of the better suited pasture grasses. soils make up less than 15 percent of any mapped area.
The Aledo soil is moderately suited to most urban In a few mapped areas, the closely similar Brackett soils
uses. Depth to rock is the main limitation. make up as much as 20 percent.
This soil is moderately suited to most recreation uses. These soils are used mostly as rangeland. They are
Small stones and depth to rock are limitations. Using poorly suited to cropland and pastureland because of
loamy fill material and maintaining a good grass cover slope and depth to bedrock.
help to overcome these limitations. The soils in this complex are moderately suited to
Areas of this map unit are preferred by quail and most urban uses. The major limitations are depth to
doves for food and cover. bedrock, slope, corrosivity to uncoated steel, and
This soil is in capability subclass Vls and the Shallow seepage during the wet seasons. These limitations are
range site. difficult to overcome, and good design and planning are
essential. Areas in which seepage occurs should be
2—Aledo-Bolar complex, 5 to 20 percent slopes. avoided as construction sites. Lawns need frequent
The soils in this complex are shallow, very shallow, and watering, and topsoil is needed in places. The high
moderately deep; sloping to moderately steep; and content of lime in these soils causes chlorosis in
loamy. They are on the higher ridges and side slopes. sensitive plants. The soils is this complex are poorly
The side slopes have horizontal limestone strata that suited to most recreation uses because of slope, depth
outcrop every 5- to 30-foot change in elevation. The to bedrock, and small stones on the surface.
outcrops resist weathering and give the area a benched, Areas of this map unit are preferred by quail and
or terraced, appearance. Areas are subrounded to long doves for food and cover.
and narrow and range from 8 to about 650 acres. This complex is in capability subclass Vls. The Aledo
This complex is about 65 percent Aledo soil, 25 soil is in the Shallow range site, and the Bolar soil is in
percent Bolar soil, and 10 percent other soils and rock the Clay Loam range site.
outcrops. The Aledo soil is underlain by fractured
limestone at a depth of less than 20 inches. The Bolar 3—Aledo-Bolar-Urban land complex, 3 to 20
soil is in areas between bands of the Aledo soil. The percent slopes. The soils in this complex are gently
Soils in this complex are so intricately mixed that it is not sloping to moderately steep. They are on narrow ridges
practical to map them separately. and side slopes. The side slopes have horizontal
Typically, the surface layer of the Aledo soil is limestone strata that outcrop every 5- to 30-foot change
moderately alkaline, dark grayish brown gravelly clay in elevation. These rock outcrops resist weathering and
loam about 8 inches thick. From a depth of 8 to 17 give the areas a benched or terraced appearance.
inches is moderately alkaline, grayish brown very gravelly Slopes are convex and average about 8 percent. Areas
clay loam. Below that is limestone that is coarsely are generally oblong and range from 20 to about 300
fractured and interbedded with clayey marl. acres.
The Aledo soil is well drained. Permeability is This complex is about 20 to 30 percent Aledo soil, 15
moderate, and available water capacity is very low. to 20 percent Bolar soil, 15 to 50 percent Urban land,
Runoff is rapid, and the hazard of erosion is severe. and 20 percent other soils and rock outcrops. These
Water seeps to the surface along rock outcrops during soils and Urban land are so intricately mixed that it is not
wet seasons. The root zone is very shallow to shallow. practical to map them separately.
Plant roots penetrate the fractures in the limestone. The Aledo soil is on ridges and more sloping areas
Typically, the surface layer of the Bolar soil is dark near rock outcrops. Typically, the surface layer is
grayish brown clay loam about 10 inches thick. The moderately alkaline, dark grayish brown gravelly clay
upper part of the subsoil, from a depth of 10 to 24 loam about 8 inches thick. From a depth of 8 to 17
• inches, is brown silty clay loam that has common inches is moderately alkaline, grayish brown very gravelly
fragments of limestone. The lower part, from a depth of clay loam that is about 65 percent by volume limestone
24 to 30 inches, is light gray silty clay loam that has fragments. This layer is underlain by a bed of limestone
yellowish and brownish mottles and fragments of that is coarsely fractured.
limestone. Below that is fractured limestone interbedded The Aledo soil is well drained. Permeability is
with clayey marl. Reaction is moderately alkaline moderate, and available water capacity is very low;
throughout. however, in places, water seeps to the surface above
The Bolar soil is well drained. Permeability is bands of limestone outcrops. The root zone is shallow to
moderate, and available water capacity is low. Runoff is very shallow. Calcium carbonate concretions restrict the
rapid, and the hazard of erosion is severe. The root zone choice of plants that are adapted to this soil.
is moderately deep and is easily penetrated by plant The Bolar soil is on slightly convex side slopes and
roots. the less sloping areas in the complex. Typically, this soil
Included with this complex in mapping are small areas has a very dark grayish brown clay loam surface layer
of Frio soils on narrow flood plains, Medlin soils on about 10 inches thick. The upper part of the subsoil is
38 Soil survey
46—Maloterre, Aledo, and Brackett soils, 3 to 20 about 20 percent fragments of limestone and shells.
percent slopes. These very shallow and shallow, gently Below that is indurated limestone containing many
sloping to moderately steep soils are on uplands on imbedded fossil shells. The surface layer is gravelly loam
slopes along drainageways (fig. 15). This map unit in some areas.
consists of about 35 percent Maloterre soil, 30 percent Typically, the surface layer of the Aledo soil is dark
• Aledo soil, 20 percent Brackett soil, and 15 percent grayish brown gravelly clay loam about 7 inches thick.
other soils and rock outcrops. Most areas contain the From a depth of 7 to 16 inches is brown very gravelly
major soils, but the proportions vary from area to area. clay loam containing about 40 percent fragments of
The Brackett soil is not present in some areas. The limestone and shells. Below that is limestone that is
Maloterre soil is on upper slopes near limestone fractured and contains many imbedded fossil shells. This
outcrops. Aledo and Brackett soils are mostly on mid soil is calcareous, and reaction is moderately alkaline
and lower side slopes, but there are some scattered
areas of these soils where beds of fractured or chalky throughout. The surface layer is gravely loam in some
limestone are near the surface. A few long, narrow areas.
bands of limestone boulders and stone size fragments of Typically, the surface layer of the Brackett soil is
limestone and shells are scattered on the surface. Areas grayish brown clay loam about 7 inches thick. The
range from 40 to 600 acres. subsoil, from a depth of 7 to 14 inches is light brownish
Typically, the surface layer of the Maloterre soil is gray gravelly clay loam. Below that to a depth of 28 3
brown gravelly clay loam about 7 inches thick that is inches is alternating layers of marl and chalky limestone
Aix
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a _✓. ffll> .�•;, ,` yd 1 + - - ' _ `, `�� ,t"'t t !r.y"M y,^,"�° 'a'� ., ti •ems. +�e?;y� '� ..'� i.+y, '.
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oil
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v . �.' r• �'• A u y 'S�s .j "•,.y* Y+}Ty+ . 31%a - y _
� '���"`{{{«< ,�, � �a!- Y.F4"�, � i aC. .a'ti�V y �� .r�^..fi{"�p S[-"`,�rar.�aJ-� 'rs•=w -
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Figure 15.---Scattered live oak trees on Maloterre, Aledo, and Brackett soils, 3 to 20 percent slopes.
Tarrant County, Texas 39
that can be cut with a spade. This soil is calcareous, and Frio soils along narrow drainageways, Sanger soils along
reaction is moderately alkaline throughout. The surface foot slopes, and a few small areas of gently sloping
layer is loam in some areas. It has varied amounts of Medlin soils. A few uncrossable gullies are present in
w coarse fragments. some areas. These included soils make up as much as
The Maloterre soil is somewhat excessively drained, 15 percent of mapped areas.
and the Aledo and Brackett soils are well drained. This Medlin soil is poorly suited to use as pastureland
Maloterre and Brackett soils have moderately slow and cropland and for urban purposes. Slope, the severe
permeability, and the Aledo soil has moderate hazard of erosion, gullies, shrinking and swelling with
permeability. Because of the slopes, runoff is rapid, and changes in moisture, permeability, and corrosivity to
the hazard of erosion is severe. Available water capacity uncoated steel are limitations. Soil slippage is likely to
is very low. occur if deep cuts are made across the slope.
Included with these soils in mapping are small areas of This soil is poorly suited to most recreation uses. The
Aledo, Brackett, and Maloterre soils with slopes of more clay surface, slope, and permeability are limitations.
than 20 percent; areas of limestone outcrops; areas of Areas of this map unit are regularly inhabited by doves
soils that are similar to Brackett soils but that have more and quail. Deer from adjacent woods use the abundant
coarse fragments or are underlain by indurated supply of forbs as a food supply.
limestone; and small areas of Bolar and Sunev soils This soil is in capability subclass Vle and the
along foot slopes. These included soils and rock Blackland range site.
outcrops make up 10 to 25 percent of most areas.
Because of the very shallow and shallow rooting depth
to limestone or marl, slopes, and the rock outcrops, the
soils in this unit are used as rangeland. 48—Mingo clay loam, 1 to 3 percent slopes. This
These soils are poorly suited to most urban uses. moderately deep, gently sloping soil is on convex
Depth to limestone and the severe hazard of erosion are ridgetops. Areas are subrounded and range from about
the main limitations. Good design and careful installation 12 to 75 acres.
are needed to overcome these limitations. Typically, the surface layer is neutral, dark grayish
The soils in this unit are poorly suited to most brown clay loam about 5 inches thick. The subsoil, from
rr 3tion uses because of slope, the severe hazard of a depth of 5 to 25 inches, is brown clay that is neutral in
ei._.on, depth to rock, and rock outcrops. Recreation the upper part and mildly alkaline in the lower part. From
t uses are mainly limited to picnic areas and paths and a depth of 25 to 31 inches, it is moderately alkaline,
trails. brown clay. Below that is fractured, platy limestone.
Areas of this map unit are used by doves and quail for This soil is well drained. Permeability is very slow, and
the food supply. Cover for protection is excellent. available water capacity is low. Runoff is slow to
The soils in this unit are in capability subclass Vlls. medium, and the hazard of erosion is moderate. The root
The Maloterre soil is in the Very Shallow range site. The zone is moderately deep, but plant roots slowly
Aledo soil is in the Rocky Hills range site. The Brackett penetrate the underlying layers. The soil is difficult to
t soil is in the Steep Adobe range site. work during extremes in moisture conditions.
Included with this soil in mapping are small areas of
47—Medlin clay, 5 to 15 percent slopes. This Lindale and Speck soils along the outer edges of the
moderately deep and deep, sloping to moderately steep, mapped areas and Ponder soils in the lower, concave
clayey soil is on side slopes of ridges (fig. 16). Areas are areas. These included soils make up as much as 15
long and narrow and follow the contour of the slope. percent of some mapped areas.
Gullied, natural drainageways are common to most This Mingo soil is moderately suited to use as
areas. Areas range from 15 to more than 200 acres. cropland. The major crops are grain sorghum and small
Typically, the surface layer is moderately alkaline, grains. Depth to limestone limits available moisture.
grayish brown clay about 9 inches thick. The next layer, Leaving crop residue on the soil helps to improve soil
to a depth of about 33 inches is moderately alkaline, tilth and conserve moisture. Growing deep rooted
light olive brown clay. From a depth of 33 to 58 inches is legumes helps to aerate the soil and adds nitrogen.
moderately alkaline, light yellowish brown clay. The This soil is moderately suited to use as pastureland.
underlying material to a depth of 67 inches is moderately Kleingrass, improved bermudagrass, weeping lovegrass,
alkaline, grayish brown and light yellowish brown, johnsongrass, and vetch are suitable. Proper pasture
stratified shaly clay. management includes weed control, fertilization, and
This soil is well drained. Permeability is very slow, and controlled grazing.
available water capacity is high. Runoff is rapid, and the The Mingo soil is moderately suited to most urban
hazard of erosion is severe. Deep, wide cracks form uses. Depth to rock, corrosivity to uncoated steel, and
W► the soil is dry. The root zone is deep, but plant shrinking and swelling with changes in moisture are
ro,- - penetrate slowly. limitations. Limestone bedrock is difficult to excavate.
Included with this soil in mapping are small areas of The soil is poorly suited to septic tank filter fields
Tarrant County, Texas 45
included with this complex in mapping are small areas The complex is about 50 to 60 percent Pulexas soil,
of closely similar Crosstell and Navo soils and a few 15 to 30 percent Urban land, and about 25 percent
small areas of somewhat poorly drained Wilson soils in closely similar Whitesboro soils and a few areas that are
depressions. These included soils make up as much as from a few inches to 2 feet loamy fill material. This soil
15 percent of a mapped area. and Urban land are so intricately mixed that it is not
The Ponder soil is moderately suited to most urban practical to map them separately.
uses. Shrinking and swelling with changes in moisture, Typically, the Pulexas soil is neutral, light yellowish
corrosivity, to uncoated steel, and permeability are brown and yellowish brown fine sandy loam containing
limitations that can be partly overcome by proper design few to common thin strata of loam, loamy fine sand, and
j and careful installation. clay loam to a depth of 64 inches.
This soil is moderately suited to most recreation uses. This soil is well drained. Permeability is moderately
Slow permeability is the main limitation. rapid, and available water capacity is medium. Runoff is
This complex is not in a capability subclass or a range slow, and the hazard of erosion is slight. The root zone
lsite. is deep and is easily penetrated by plant roots.
�. The Urban land part of the complex is covered by
59—Pulexas fine sandy loam, frequently flooded. small businesses, individual dwellings, apartments, golf
This deep, nearly level soil is on narrow flood plains of courses, and parks and adjoining sidewalks, streets, and
streams that are within and that drain sandy and loamy other structures. Some areas have been filled with
areas. It is also on slight benches or overwashes above material from excavated channels and adjoining uplands.
the more clayey soils on larger flood plains. The soil is These areas have been altered to the extent that
i flooded once or more every two years for brief periods. classification is not feasible.
Areas are elongated and range from 20 to about 200 Included with this complex in mapping are small areas
acres. of closely similar Whitesboro soils and areas of loamy fill
Typically, to a depth of 64 inches, this soil is neutral, material. These included soils make up as much as 25
light yellowish brown and yellowish brown fine sandy percent of any mapped area.
i The Pulexas soil is poorly suited to most urban uses. .
.�
loam ontaining thin, loamy strata. The hazard of flooding is the major limitation. Adequate
soil is well drained. Permeability is moderately
rap and available water capacity is medium. Runoff is protection against this limitation is difficult to provide.
slow, and the hazard of water erosion is slight. The root This soil is moderately suited to most recreation uses.
izone is deep and is easily penetrated by plant roots. It is poorly suited to use as campsites because of the
Included with this soil in mapping are small areas of hazard of flooding.
Whitesboro soils in slightly lower positions on the This complex is not in a capability subclass or range
landscape and in depressions on the outer edges of the site.
Mood plain. These included soils make up less than 15 61—Purves clay, 0 to 3 percent slopes. This
percent of any mapped area. shallow, nearly level and gently sloping, clayey soil is on
This Pulexas soil is well suited to use as pastureland. ridgetops. Areas are elongated and range from 6 to
Improved bermudagrass, switchgrass, singletary peas, about 235 acres.
rarrowleaf clover, and vetch are suitable. Fertilization, Typically, the surface layer is moderately alkaline, dark
controlled grazing, and weed control are needed to grayish brown clay to a depth of 7 inches. From a depth
maintain high forage yields. of 7 to 15 inches is moderately alkaline, brown clay.
�. This soil is poorly suited to use as cropland and for Below that is fractured limestone interbedded with clayey
urban and recreation purposes because of the hazard of marl.
flooding, This limitation can be overcome only by major This soil is well drained. Permeability is moderately
flood control. slow, and available water capacity is very low. Surface
Areas of this map unit furnish excellent wildlife habitat runoff is slow to medium, and the hazard of erosion is
for quail, doves, deer, squirrels, and raccoons. Many moderate. This soil has good tilth and can be easily
songbirds frequent the area for food, cover, and nesting. worked, but deep plowing often brings up pieces of
This soil is in capability subclass Vw and the Loamy limestone. The root zone is restricted by rock at a
IsOttomland range site. shallow depth.
Included with this soil in mapping are small areas of
60—Pulexas-Urban land complex, occasionally Aledo soils, a soil similar to the Purves soil but that is
flooded. The soil in this complex is deep and nearly less than 8 inches deep to fractured indurated limestone,
revel. It is on narrow flood plains of streams that drain another soil similar to the Purves soil but that is
Tandy and loamy areas. In most areas the natural noncalcareous, and a soil that has more than 35 percent
meP' wing stream channel has been replaced by a coarse fragments. The included soils make up less than
, wider, and straighter channel. The soil is flooded 35 percent of any mapped area.
mly once every 4 to 20 years. Areas are elongated and This Purves soil is moderately suited to use as
•ange from 20 to more than 125 acres. cropland. Small grain, grain sorghum, and hay crops are
46
Soil survi
grown. Crops that grow during the cool seasons are The Purves soil is moderately suited to most urban
' better suited to this soil than crops grown during the uses. The shallow depth to limestone is the main
warm seasons because of the very low available water limitation. This soil is poorly suited to septic tank filter
capacity and droughtiness. The objectives of fields. Shrinking and swelling with changes in moisture
rr management are controlling erosion and maintaining soil and corrosivity to uncoated steel are limitations that can
tilth and fertility. Growing closely spaced crops or crops be overcome by good design and careful installation.
that produce large amounts of residue and rotating them This soil is poorly suited to most recreation uses. The
P Y
with cool season legumes help to control erosion and clay surface that is sticky when the soil is wet and that
Ilw maintain soil tilth. cracks when the soil is dry and the shallow depth to roc
This soil is moderately suited to use as pastureland. are the main limitations.
Droughtiness limits production. Improved bermudagrass This complex is not in a capability subclass or range
and kleingrass are commonly grown. Proper site.
management includes fertilization, weed control, and
controlled grazing. 63—Rader fine sandy loam, 0 to 3 percent slopes.
The Purves soil is moderately suited to most urban This deep, nearly level and gently sloping, loamy soil is
uses. The main limitations are depth to limestone, on low terraces and in valleys. Areas are slightly mound}
shrinking and swelling with changes in moisture, and are longer than they are wide. They range from 5 to
corrosivity to uncoated steel, and moderately slow more than 100 acres. Slopes average about 1 percent.
permeability. In most areas the limestone bedrock can Typically, the surface layer is fine sand about 18
., be excavated without the use of explosives. Most inches thick. The upper part is brown, and the lower part
limitations can be overcome by good design and careful is pale brown. The subsoil, from a depth of 18 to 27
installation. inches, is yellowish brown sandy clay loam. From a
This soil is poorly suited to most recreation uses. The depth of 27 to about 69 inches, it is sandy clay in the
Y clay surface that is sticky when the soil is wet and that upper part and sandy clay loam in the lower part. It is
cracks when the soil is dry and the shallow depth to mottled in shades of yellow, gray, brown, and red.
limestone are the main limitations. Reaction typically is slightly acid in the upper part of the
Areas of this map unit are preferred by quail and soil and medium acid or strongly acid in the lower.part.
doves for food and cover. This soil is moderately well drained. Permeability is
This soil is in capability subclass Ille and the Shallow very slow, and available water capacity is medium.
range site. Runoff is slow, and the hazard of erosion is slight. The
62—Purves-Urban land complex, 0 to 3 percent soil is easy to work, but a perched water table is present
slopes. The soil in this complex is shallow and nearly on the clayey lower layers after periods of heavy rainfall.
level and gently sloping. It is on convex ridges. Areas are The root zone is deep, but plant roots have difficulty
irregular in shape and are longer than they are wide. penetrating the clayey lower layers.
They range from 15 to about 70 acres. Included with this soil in mapping are small areas of
This complex is about 45 to 65 percent Purves soil, 15 Mabank soils in depressions that make up 5 to 15
to 40 percent Urban land, and less than 20 percent percent of some mapped areas. Also included is a soil
closely similar soils. The Purves soil and Urban land are that is similar to the Rader soil but that does not have a
so intricately mixed that it is not practical to map them transitional layer in the upper part of the subsoil and
separately. another soil that is similar but that does not have gray
Typically, the surface layer of the Purves soil is mottles within the upper 30 inches. The included soils
. moderately alkaline, dark grayish brown clay about 7 make up 5 to 25 percent of most mapped areas.
inches thick. From a depth of 7 to 15 inches is This Rader soil is mainly used as pastureland and is
moderately alkaline, brown clay. Below that is fractured well suited to this use. Improved bermudagrass,
limestone interbedded with clayey marl. kleingrass, weeping lovegrass, switchgrass, vetch,
This soil is well drained. Permeability is moderately singletary peas, and arrowleaf clover are commonly
slow, and available water capacity is very low. Runoff is grown. Pasture management includes fertilization, weed
slow, and the hazard of erosion is moderate. The root control, and controlled grazing.
zone is limited by the limestone. Natural fertility is high. This soil is well suited to use as cropland. Low natural
The Urban land part of the complex is covered by fertility and the rapid loss of moisture during the summer
individual dwellings, small businesses, and apartments are limitations for production. Terracing and contour
and adjoining streets, driveways, sidewalks, patios, and farming are needed to control erosion in areas where the
other structures that alter the soil to the extent that slope exceeds one percent. Leaving crop residue on the
classification is not practical. soil and growing deep-rooted legumes help to slow
Included with this complex in mapping are closely runoff and maintain soil tilth.
similar Aledo soils and a soil that is similar to the Purves The Rader soil is moderately suited to most urban
soil but that is gravelly and stony. These included soils uses. The main limitations are seasonal wetness,
make up as much as 20 percent of a mapped area. shrinking and swelling with changes in moisture,
1�.
Tarrant County, Texas 47
Lcorrosivity to uncoated steel and concrete, and Seasonal wetness and permeability are the main
permeability. Some low-lying areas near drainageways limitations. Woody plantings provide food and cover for
Lare flooded by runoff from adjacent, higher areas. Good songbirds.
design and careful installation are needed to overcome This complex is not in a capability subclass or range
these limitations. site.
This soil is moderately suited to recreation uses.
Seasonal wetness and very slow permeability are the
main limitations. 65--Sanger clay, 1 to 3 percent slopes. This deep,
Areas of this map unit furnish an abundance of woody gently sloping, clayey soil is in valley fill areas between
and herbaceous plants that provide excellent food and limestone ridges. Areas are broad and subrounded to
cover for deer, quail, and doves. long and narrow. They range from about 10 to 200
This soil is in capability subclass Ills and the Sandy acres. Untilled areas have gilgai microrelief.
Loam range site. Typically, the surface layer is about 20 inches thick. It
is clay that is very dark grayish brown in the upper part
and dark grayish brown in the lower part.
64—Rader-Urban land complex, 0 to 3 percent From a depth of 20 to 49 inches is grayish brown silty
slopes. The soil in this complex is deep and nearly level clay. From a depth of 49 to 80 inches is light yellowish
and gently sloping. It is on high stream terraces and in brown silty clay that has common masses of calcium
valleys. Areas are irregular in shape and mostly longer carbonate and limestone fragments and pebbles. This
than they are wide. They range from 10 to more than soil is moderately alkaline and it is calcareous throughout.
100 acres. Slopes average about 1 percent. This soil is well drained. Permeability is very slow, and
F The complex is 40 to 65 percent Rader soil, 15 to 40 available water capacity is high. Runoff is medium, and
percent Urban land, and less than 25 percent closely the hazard of erosion is moderate. When the soil is dry,
similar soils. The Rader soil and Urban land are so cracks extend to the surface and water enters the soil
intricately mixed that it is not practical to map them
� rapidly. When the soil is wet and the cracks are sealed,
separately. water enters the soil very slowly. This soil is difficult to
:Typically, the surface layer is fine sandy loam about 18 work. When it is wet, it is sticky. When it is dry, it is hard
,.:
it thick. The upper part is brown, and the lower part and clods form when it is plowed. The high lime content
I Y'is -_,e brown. The subsoil, from a depth of 18 to 27 causes chlorosis in sensitive plants. The root zone is
arches, is yellowish brown sandy clay loam. From a deep, but plant roots penetrate slowly because of the
depth of 27 to about 69 inches, it is sandy clay in the clayey texture.
upper part and sandy clay loam in the lower part. It is Included with this soil in mapping are small areas of
Ix .mottled in shades of yellow, gray, brown, and red. Ponder soils on slight ridges. San Saba soils near the
Reaction typically is slightly acid in the upper part of the head of drainageways, and Slidell soils on foot slopes.
,soil and medium acid or strongly acid in the lower part. These included soils make up less than 15 percent of
- This soil is moderately well drained. Permeability is any mapped area.
very slow, and available water capacity is medium. This Sanger soil is mainly used as cropland, but a
Runoff is slow,
and the hazard of erosion is slight. A
P.' water table is present on the clayey lower layers significant acreage is used as pastureland and
- rangeland. This soil is well suited to use as cropland (fig.
after periods of heavy rainfall. The root zone is deep, but
plant roots have difficulty penetrating the clayey lower 18). It is mainly used for grain sorghum, small grain, and
:layers. forage sorghums. Corn and cotton are grown on smaller
The Urban land part of this complex is covered by acreages. The main objectives of management are
,:'individual dwellings, small businesses, and apartments controlling erosion and maintaining filth. Terracing and
WW adjoining streets, sidewalks, driveways, parking lots, farming on the contour help to slow runoff and to control
patios, and other structures that obscure or alter the erosion. Leaving crop residue on the soil helps to
'soils to the extent that classification is not practical. improve soil filth and conserve moisture.
'-included with this complex in mapping are small areas This soil is well suited to use as pastureland. Suitable
f'Crosstell, Gasil, and Mabank soils. The included soils pasture species are improved bermudagrass, tall fescue,
make up less than 25 percent of any mapped area. johnsongrass, kleingrass, vetch, and sweetclover.
,$he Rader soil is moderately suited to urban uses. Fertilization, weed control, and controlled grazing are
nal wetness, shrinking and swelling with changes management objectives.
Moisture, corrosivity to uncoated steel and concrete, The Sanger soil is moderately suited to most urban
end very slow permeability are the main limitations. uses. The main limitations are shrinking and swelling with
low-lying areas near drainageways are flooded by changes in moisture and corrosivity to uncoated steel.
If from adjacent, higher areas. Good design and These limitations can only be partly overcome by good
d installation are needed to overcome these design and careful installation. This soil is poorly suited
! motions, to septic tank absorption fields because of very slow
This soil is moderately suited to recreation uses. permeability.
Tarrant County, Texas 49
L
management are controlling erosion and maintaining soils on less sloping areas. These included soils make
Lfilth. Terracing and contour farming are needed to slow up as much as 25 percent of this map unit.
runoff and control erosion. Growing deep rooted The Sanger soil is moderately suited to urban uses.
legumes and leaving crop residue on the soil help to Shrinking and swelling with changes in moisture, low
reduce erosion and maintain tilth. strength affecting streets and roads, corrosivity to
L This soil is well suited to use as pastureland. Improved uncoated steel, and very slow permeability are limitations
bermudagrass, indiangrass, switchgrass, johnsongrass, that can be partly overcome by good design and careful
kleingrass, vetch, and sweetclover are suitable. Pasture installation.
management includes fertilization, weed control, and This soil is poorly suited to recreation uses. The clay
controlled grazing. texture, slope, permeability and wide cracks that form
The Sanger soil is moderately suited to most urban when the soil is dry are the main limitations.
uses. Shrinking and swelling with changes in moisture, This complex is not in a capability subclass or range
corrosivity to uncoated steel, and permeability are the site.
Lmain limitations. These limitations can only be partly
overcome by good design and careful installation. 68—San Saba clay, 0 to 2 percent slopes. This
This soil is poorly suited to most recreation uses. The moderately deep, nearly level and gently sloping, clayey
i limitations are the very slow permeability and the clay soil is at the head of natural drainageways. Areas are
surface that cracks when the soil is dry and is sticky subrounded and range from 5 to about 110 acres.
` when the soil is wet. Typically, the surface layer is moderately alkaline, very
Areas of this map unit are regularly inhabited by doves dark gray clay about 24 inches thick and has brownish
6 and quail. Deer use the site for cover, but only mottles in the lower 8 inches. The subsoil, from a depth
occasionally because of the lack of woody cover. Deer of 24 to 30 inches is moderately alkaline, dark grayish
from adjacent woods use the abundant supply of forbs brown clay. Below that is indurated, fractured limestone.
as a food supply. This soil is moderately well drained. Permeability is
This soil is in capability subclass Ille and the Blackland very slow, and available water capacity is low. Runoff is
6 ranae site. slow, and the hazard of erosion is slight. This soil forms
wide cracks when it is dry. The soil is difficult to work
w -Sanger-Urban land complex, 1 to 5 percent during extremes in moisture conditions. The root zone is
slopes. The soil in this complex is deep and gently moderately deep, but plant roots penetrate slowly.
*� sloping. It is on uplands. Many areas are in valleys below Included with this soil in mapping are small areas of
Purves soils near outer edges of mapped areas and a
limestone ridges. Areas are subrounded and range from soil similar to the San Saba soil but that has bedrock at
10 to more than 200 acres. Slopes average about 3
percent. a depth of more than 40 inches. The included soils make
db This complex is about 45 to 70 percent Sanger soil, 15 up as much as 15 percent of some areas.
to 35 percent Urban land, and less than 25 percent This San Saba soil is used almost equally for cropland
closely similar soils. The Sanger soil and Urban land are and rangeland. It is well suited to use as cropland, and is
so intricately mixed that it is not practical to map them used for grain sorghum and small grain. The low
available water capacity lowers the yield of summer
separately. crops. The management objectives are controlling
Typically, the Sanger soil is moderately alkaline, erosion and maintaining soil tilth. Growing closely spaced
calcareous clay to a depth of about 49 inches. It is very crops and crops that produce large amounts of residue
dark grayish brown in the upper part and dark grayish helps to control erosion and maintain tilth. Growing deep
brown in the lower part. From a depth of 20 to 80 inches rooted legumes helps to aerate the soil and improve
is moderately alkaline, calcareous. brownish silty clay fertility.
that has common masses of calcium carbonate and This soil is well suited to use as pastureland. Adapted
limestone fragments in the lower part. pasture plants are improved bermudagrass, indiangrass,
This soil is well drained. Permeability is very slow, and switchgrass, kleingrass, sweetclover, and vetch.
available water capacity is high. Runoff is medium, and Fertilization, weed control, and controlled grazing are
the hazard of erosion is moderate. Chlorosis is a hazard management objectives.
for some plants grown on this soil. The root zone is The San Saba soil is moderately suited to most urban
deep, and natural fertility is high. uses. Shrinking and swelling with changes in moisture,
The Urban land part of the complex is covered by depth to rock, permeability, and corrosivity to uncoated
W individual dwellings, small businesses, and apartments steel are the main limitations. Good design and careful
and adjoining streets, driveways, sidewalks, parking lots, installation can help to overcome these limitations.
and other structures. Some areas have been altered by This soil is poorly suited to most recreation uses. The
co' "fiction to the extent that classification is not main limitations are depth to rock, very slow
rPr, .al. permeability, and the clayey surface layer that forms
Included with this complex in mapping are small areas deep, wide cracks when the soil is dry and that is sticky
Of Ponder and San Saba soils and large areas of Slidell when the soil is wet.
THIS FORM REPLACES PREVIOUS FORM 3510-7(6-92) Form Approved. oaatao.sao•ooes
Please See Instructions Before Completing This Form Apprr+haexpina: &3148
United States Environmental Protection Agency
PDES Washington,DC 20460
FORM 0-M/ Notice of Termination(NOT)of Coverage Under a NPDES General Permit for
Storm Water Discharges Associated with Industrial Activity
Submission of this Notice of Termination oonstitutes notice that the party Identified In Section II of this form Is no longer auftar(zed to discharge storm water
associated with industrial activity under the NPDES program. ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.
I.Permit Information
NPDES Storm Water Check Here If You are No Longer a Check Here If the Storm Water a
General Permit Number: { , , , , , , the Operator of the Facility: Discharge Is Being Terminated:
11.Facility Operator Information
Name: , , : , , , , , , , , , , , , , , , , , , , , Phone:
Address:t r t , , , , J.J , , f , , , , r t , , , , , , , , t ,
city. State: ZIP Code• { t t 11 , � ► , s , {
111.Facility/Site Location Information
Name: e , , , , , , , , ,
r� '
Address:{ , , , , , , , , , r , , , r , , , , t t , , , , , ,
r { , r r r , , , , , r , r t , , , , r r I 1 { State: ZIP Code: { r i r t , r I I I I
Latitude: L.l_LL 1 _LJ Longitude:L I I I I Quarter: LEI Section: W Township: l I Range: I l l l l
IV. Certification: I certify under penalty of law that all storm water discharges associated with industrial activity from the identified facility that are
authorized by a NPDES general permit have been eliminated or that I am no longer the operator of the facility or construction site. I understand that by
submitting this Notice of Terrnination,I am no longer authorized to discharge storm water associated with industrial activity under this general permit,and
that discharging pollutants in storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where
the discharge Is not authorized by a NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from
liability for any violations of this permit or the Clean Water Act.
�� Date: t
Print Name: � .t- � , _1._.1._.1 i..._.1._.J_J.._J�J._J�._hI__.LL..LL -
Signature:
Instructions for Completing Notice of Termination(NOT)Form
r0-
Who May File a Notice of Termination(NOT)Form Where to File NOT Form
PertNaess who are presently covered under an EPA-issued National Pollutant Send this form to the the following address:
Disclarge Elimination System (NPDES) General Permit (including the 1995
MuWSector Permit)for Storm Water Dicharges Associated with Industrial Activity Storm Water Notice of Termination(4203)
may submit a Notice of Termination(NOT)form when their facilities no longer 401 M Street,S.W.
have ary storm water discharges associated with industrial activity as defined in Washington.DC 20460
the storm water regulations at 40 CFR 12226(bx14),or when they are no longer
the operator Of the fac"".
Completing tine Form
For construction activities, elimination of all storm water discharges associated
with Industrial activity occurs when disturbed soils at the construction site have Type or print,using upper-case letters,in the appropriate areas only. Plesse
been finally stabilized and temporary erosion and sediment control measures place each character between the marks. Abbreviate H necessary to stay within
have been removed or will be removed at an appropriate time,or that as storm the number of characters allowed for each Hem. Use only one space for breaks
water discharges associated with Industrial activity from the construction site that between words,but not for punctuation marks unless they are needed to clarify
are authorized by a NPDES general pemrH have otherwise been eliminated.Final your response. H you have arry questions about this form,telephone or writs the
stabilization means that all soil-disturbing activities at the site have been Notice of Intent Processing Center at(703)931-3230.
completed,and that a uniform perennial vegetative cover with a density of 7D%of
the cover for unpaved areas and areas not covered by permanent structures has
been established,or equivalent permanent stabilization measures(such as the
use of ripen,gablons,or geotextiles)have been employed.
EPA Form 3510.7(6-99)
Instructions-EPA Form 3510-7
Notice of Termination(NOT)of Coverage Under The NPDES General Permit
for Storm Water Discharges Associated With Industrial Activity
Section I Permit Information Section IV Certification
Enter the existing NPDES Storm Water General Permit number assigned to th a Federal statutes provide to r severe penalties for submitting false information on this
facility or site identified in Section III. If you do not know the permit number application form. Federal regulations require this application to be signed a s
telephone or write your EPA Regional storm water contact person. follows:
Indicate your reason for submitting this Notice of Termination by checking th a For a corporation:by a responsible corporate officer,which means:(i)president,
appropriate box: secretary,treasurer,or vice-president of the corporation in charge of a Principe I
business function,or any other person who performs similar policy or decisio n
If there has been a change of operator and you are no longer the operator of making functions,or(ii)the manager of one or more manufacturing,production,or
the facility or site identified in Section III,check the corresponding box. operating facilities employing more than 250 persons or having gross annual sales
or experditures exceeding$25 million(in second-quarter 1980 dollars),if authority
If all stone water discharges at the facility or site identified in Section III have to sign documents has been assigned or delegated to the manager in accordance
been terminated,check the corresponding box. with corporate procedures;
Section II Facility Operator Information Fora partnership or sole proprietorship: by a general partner or the proprietor;or
Give the legal rem a of the person,firm,public organization,or any other entity that For a municipality, State, Federal,or other public facility: by either a principa I
operates the facility or site described in this application. The name of the operator executive officer or ranking elected official.
may or may not be the same name as the facility. The operator of the facility is the
legal entity which controls the facility's operation, rather than the plant or sit a Paperwork Reduction Act Notice
manager. Do rot use a colloquial nam e. Enter the complete address and telephone
number of the operator. Public reporting burden for this application is estimated to average 0.5 hours pe r
application, including time for reviewing instructions, searching existing cat a
Section 111 Facility/Site Location Information sources,gathering and maintaining the data needed,and completing and reviewing
the collection of information. Send comments regarding the burden estimate,any
Enter the facility's or site's official or legal name and complete address,including other aspect of the collection of information,or suggestions for improving this form,
city,slate and LP code. If the facility lacks a street address,indicate the state,the including any suggestions which may increase or reduce this burden to:Chief ,
'atitude and longitude of the facility to the nearest 15 seconds, or the quarter Information Policy Branch,2136,U.S.Environmental Protection Agency,401 M
action,township,and range(to the nearest quarter section)of the approximat a Street, SW, Washington, DC 20460, or Director, Office of Information an d
,enter of the site. Regulatory Affairs,Office of Management and Budget,Washington,DC 20503.
r
r
ATTACHMENT 11
s
NPDES GENERAL PERMITS FOR STORM WATER DISCHARGES
FROM CONSTRUCTION ACTIVITIES
Monday
July 6, 1998
=.
E
c
Part II
Environmental
Protection Agency
Reissuance of NPDES General Permits
for Storm Water Discharges From
Construction Activities in Region 6;
Notice
36489
36490 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
ENVIRONMENTAL PROTECTION IV.Endangered Species Protection (February 17. 1998) in the"Summary of
AGENCY V.Historic Properties Protection Responses to Comments on the
VI.Regulatory Review(Executive Order Proposed Permit"section of the
[FRL-6119-71 12866) reissuance of NPDES General Permits
VII.Unfunded Mandates Reform Act From Construction Activities for
Reissuance of NPDES General Permits VIII.Paperwork Reduction Act
for Storm Water Discharges from 1X.Regulatory Flexibility Act Regions 1, 2, 3, 7, 8,9 and 10.
Construction Activities in Region 6 I.Introduction How do I Know if Need a Permit?
AGENCY:Environmental Protection The United States Environmental You need a storm water permit if you
Agency(EPA). Protection Agency Region 6 office is can be considered an"operator"of the
ACTION:Notice of final NPDES general reissuing the general permits which construction activity that would result
permits. authorizes the discharge storm water in the"discharge of storm water
associated with construction activity.As associated with construction activity."
SUMMARY:Region 6 is issuing the final used in this permit, "storm water You must become a permittee if you
�* National Pollutant Discharge associated with construction activity" meet either of the following two criteria:
Elimination System (NPDES)general means construction activity disturbing ► You have operational control of
permits for storm water discharges at least five acres,or construction construction project plans and
associated with construction activity in activity disturbing less than five acres specifications, including the ability to
,. Region 6.EPA first issued permits for which is part of a larger common plan make modifications to those plans and
these activities in September 1992. of development or sale with the specifications;or
These permits subsequently expired in potential to disturb cumulatively five or D' You have day-to-day operational
September 1997.Today's permits, more acres (See 40 CFR control of those activities at a project
which replace those expired permits. 122.26(b)(14)(x)). which are necessary to ensure
are similar to the permits issued in These permits replace the previous compliance with a storm water
1992.The main changes from those Baseline Construction General Permits pollution prevention plan (SWPPP)for
1992 permits are summarized in the which were issued for a five-year term the site or other permit conditions(e.g.,
SUPPLEMENTARY INFORMATION section, in September 1992.The most significant you are authorized to direct workers at
below. changes from the 1992 permits are: a site to carry out activities required by
ADDRESSES:The index to the ► New conditions to protect listed the SWPPP or comply with other permit
administrative record and the complete endangered and threatened species and conditions).
There may be more than one party at
critical habitats:
administrative record are available at a site performing the tasks relating to
the Water Docket,MC-4101,U.S.EPA, ► Expanded coverage to pe g g
401 M Street SW,Washington, DC construction sites under five acres of "operational control"as defined above.
20460.Copies of information in the disturbed land which are not part of a Depending on the site and the
record are available upon request.A larger common plan of development or relationship between the parties(e.g.,
reasonable fee may be charged for sale when an operator has been owner,developer),there can either be a
copying.in .The index to the designated by the Director to obtain single party acting as site operator and administrative record is also available coverage. consequently be responsible for
obtainin permit coverage,or there can
from EPA Region 6,Water Quality ► A requirement to post at the g P
Protection Division,Customer Service construction site the confirmation of be two or more operators with all
Branch(6WQ-CA) 1445 Ross Avenue, permit coverage (the permit number or needing permit coverage.The following
Suite 1200,Dallas,TX 75202. copy of the Notice of Intent(NOI)if a are three general operator scenarios
DATES:These general permits shall be Permit number has not yet been (variations on any of the three are
g assigned) including a brief description possible as the number of"owners"and
effective on July 6, 1998. of the Project; contractors increases):
NOTICE OF INTENT:A NOTICE OF INTENT ► Storm water pollution prevention ► Owner as Sole Permittee.The
(NOI)FORM MUST BE SUBMITTED TO OBTAIN plan performance objectives have been property owner designs the structures
COVERAGE FOR STORM WATER DISCHARGES added. for the site,develops and implements
UNDER THESE PERMITS.THE N01 FORM IS These general permits for storm water the SWPPP,and serves as general
GIVEN IN ADDENDUM C OF THESE PERMITS. discharges associated with construction contractor (or has an on-site
DEADLINES FOR SUBMITTAL OF N01'S ARE activity was proposed on June 2, 1997 representative with full authority to
PROVIDED IN PART ILA OF THE PERMITS. (62 FR 29786),and are hereby issued for direct day-to-day operations). He may be
FOR FURTHER INFORMATION CONTACT: For the following areas in Region 6:The the only party that needs a permit,in
T further information on the NPDES States of New Mexico and Texas:Indian which case everyone else on the site
Construction General Permits,call the Country lands in Louisiana.Oklahoma, may be considered subcontractors and
EPA Region 6 Storm Water Hotline at 1- Texas and New Mexico(except Navajo not need permit coverage.
800-245-6510.Information is also Reservation Lands and Ute Mountain ► Contractor as Sole Permittee.The
available through the EPA Region 6's Reservation Lands);and oil and gas property owner hires a construction
storm water web site at "http:// construction in the State of Oklahoma. company to design the project,prepare
www.epa.gov/region6/sw/and on the the SWPPP,and supervise
PIPESPIPES bulletin board web site at" the II.Answers to Common Questions implementation of the plan and
bulletin board web at In this section,EPA provides answers compliance with the permit (e.g.,a
to some of the more common questions "turnkey" project). Here,the contractor
SUPPLEMENTARY INFORMATION: on the construction storm water would be the only party needing a
Contents permitting program.These answers are permit.It is under this scenario that an
I.Introduction fairly broad and may not take into individual having a personal residence
Ir.Answers to Common Questions account all scenarios possible at built for his own use(e.g.,not those to
Ill.Section 401 Certification and Coastal construction sites.More details on these be sold for profit or used as rental
Zone Management Act issues are provided at 63 FR 7858 property) would not be considered an
Federal Register/Vol. 63. No. 128/Monday, July 6, 1998/Notices 36491
operator. EPA believes that the general having a house built by a residential parcel, any subsequent development or
contractor, being a professional in the homebuilder). redevelopment of that parcel would be
building industry,should be the entity fly.project Will Disturb Less Than Five regarded as a new plan of development,
rather than the individual who is better but it May Be Part of a "Larger ger and would then be subject to the five-
"
equipped to meet the requirements of acre cutoff for storm water permitting.
both applying for permit coverage and Common Plan of Development or Sale.
developing and properly implementing How Can I Tell and What Must I do. What Must I do to Satisfy The Permit
a SWPPP. However, individuals would If your smaller project is part of a Eligibility Requirements Related to
meet the definition of''operator"and larger common plan of development or Endangered Species?
require permit coverage in instances sale that collectively will disturb five or In order to be eligible for this permit,
where they perform general contracting more acres (e.g.,you are building on six you must follow the procedures and
t duties for construction of their personal half-acre residential lots in a 10-acre examples found in Addendum A for the
residences. development or are putting in a parking protection of endangered species. You
► Owner and Contractor as Co- lot in a large retail center) you need cannot submit your NOI until you are
Permittees.The owner retains control permit coverage.The "plan'' in a able to certify your eligibility for the
over any changes to site plans, SWPPPs, common plan of development or sale is permit. Enough lead time should be
or storm water conveyance or control broadly defined as anv announcement built into your project schedule to
designs;but the contractor is or piece of documentation (including a accomplish these procedures. If another
responsible for overseeing actual earth sign,public notice or hearing,sales operator has certified eligibility for the
disturbing activities and daily pitch,advertisement, drawing,permit project (or at least the portion of the
implementation of SWPPP and other application,zoning request, computer project you will be working on) in his
permit conditions. In this case, both design, etc.) or physical demarcation NO],you will usually be able to rely on
parties may need coverage. (including boundary signs, lot stakes, his certification of project eligibility and
However,you are probably not an surveyor markings,etc.) indicating not have to repeat the process. EPA
operator and subsequently do not need construction activities may occur on a created this ''coat tail'' eligibility option
permit coverage if: specific plot. You must still meet the for protection of endangered species to
0- You are a subcontractor hired by, definition of operator in order to be allow the site developer/owner to obtain
and under the supervision of, the owner required to get permit coverage, up-front ''clearance" for a project,
or a general contractor ion if the regardless of the acreage you personally thereby avoiding duplication of effort by
disturb.As a subcontractor, it is his contractors and unnecessary delays
contractor directs your activities on-site, unlikely you would need a permit. in construction.
you probably are not an operator); or For some situations where less than
00, your activities on site result in five acres of the original common plan What Does the Permit Require
earth disturbance and you are not of development remain undeveloped,a Regarding Historic Preservation?
legally a subcontractor, but a SWPPP permit may not be needed for the Today's permit does not currently
specifically identifies someone other construction projects''filling in" the last impose requirements related to historic
than you (or your subcontractor) as the parts of the common plan of preservation,though EPA may modify
party having operational control to development.A case in which a permit the permit at a later date after further
address the impacts your activities may would not be needed is where several discussions with the Advisory Council
have on storm water quality (i.e., empty lots totaling less than five acres on Historic Preservation. Therefore,
another operator has assumed remain after the rest of the project had under today's permit, EPA will conduct
responsibility for the impacts of your been completed,providing stabilization consultations as it did under the pre-
construction activities).This particular had also been completed for the entire existing Baseline Construction General
provision will apply to most utility project.However, if the total area of all Permit on a case-by-case basis as
service line installations. For further the undeveloped lots in the original needed. Removal of the proposed permit
information concerning whether utility common plan of development was more provisions related to historic
service line installations meet the than five acres,a permit would be preservation in no way relieves
definition of operator and require needed. applicants and permittees of their
permit coverage,see the discussion obligations to comply with applicable
When Can You Consider Future
under"Installation of Utility Service State,Tribal or local laws for the
Lines"in Section VIII, Summary Construction on a Property To Be Part reservation of historic properties EPA
Response to Public Comments of the of a Separate Plan of Development or p p p
p reminds permittees that according to
Fact Sheet. Sale? section 1 10(k) of the National Historic
In addition,for purposes of this In many cases, a common plan of Preservation Act (NHPA),an intentional
permit and determining who is an development or sale consists of many action to significantly adversely affect
operator, "owner''refers to the party small construction projects that historic resources with intent to avoid
that owns the structure being built. collectively add up to five (5) or more Federal historic preservation
Ownership of the land where acres of total disturbed land.For requirements may jeopardize future
construction is occurring does not example,an original common plan of permit coverage for such a permittee.
necessarily imply the property owner is development for a residential
an operator(e.g., a landowner whose subdivision might lay out the streets. How Many Notices of Intent (NOW Must
property is being disturbed by house lots, and areas for parks, schools I Snbmit?Where and When Are They
construction of a gas pipeline). and commercial development that the
Likewise, if the erection of a structure developer plans to build or sell to others You only need to submit one NO] to
has been contracted for, but possession for development. All these areas would cover all activities on anv one common
of the title or lease to the land or remain part of the common plan of plan of development or sale.The site
structure is not to occur until after development or sale until the intended map you develop for the storm water
construction, the would-be owner mav_ construction occurs. After this initial pollution prevention plan identifies
not be considered an operator(e.g., plan is completed for a particular which parts of the overall project are
36492 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
under your control.For example,if you Must Every Permittee Have His Own temporary stabilization and the
�. are a homebuilder in a residential Separate SWPPP or Is a Joint Plan residence has been transferred to the
development,you need submit only one Allowed? homeowner.
NOI to cover all your lots,even if they The only requirement is that there be III.Section 401 Certification and
are on opposite sides of the at least one SWPPP for a site which Coastal Zone Management Act
development. incorporates the required elements for
The NOI must be postmarked two all operators,but there can be separate Section 401 of the Clean Water Act
days before you begin work on site.The plans if individual permittees so desire. states that EPA may not issue an NPDES
address for submitting NOls is found in permit until the State in which the
EPA encourages permittees to explore
the instruction portion of the NOI form possible cost savings by having a joint discharge will originate grants or waives
and in Part II.C. of the CGP.You must certification to ensure compliance with
SWPPP for several operators. For
also look in Part X of the permit to appropriate requirements of the Act and
determine if copies of the NOI form are example,the prime developer could State law.The Region has received
to be sent to a State or Indian Tribe. assume the inspection responsibilities section 401 certification from the
for the entire site,while each appropriate States and Indian Tribes for
If Am on an ongoing Construction homebuilder shares in the installation all facilities covered by today's permits.
Project,do I Have to Fill in a New NOI and maintenance of sediment traps
To Be Covered by the Permit? serving common areas. Additional permit requirements were
required as a condition of certification
Yes,if you are on an ongoing If a Project Will Not Be Completed by the State of Texas and by the Pueblos
construction project,a construction Before This Permit Expires, How Can I of Isleta,Nambe,Picuris,Pojoaque,
project which started prior to the Keep Permit Coverage? Sandia,Tesuque and Santa Clara in
effective date of this permit,you must New Mexico.These additional permit
complete a revised NOI Form(EPA If the permit is reissued or replaced requirements are contained in Part X of
Form 3510-9) to obtain coverage under With a new one before the current one q
expires.you will need to comply with the permits.
this permit.However,applicants who P y p y The Coastal Zone Management Act
have previously submitted an NOI for whatever conditions the new permit (CZMA) requires all Federal permitting
permit coverage prior to the effective requires in order to transition coverage actions to be reviewed for consistency
date of this permit have the option to from the old permit.This usually with each approved State Coastal Zone
leave the section regarding Addendum includes submitting a new NOI.if the Management Plan.Texas is the only
A on endangered species blank unless permit expires before a replacement State covered by these permits that has
there is a potential impact on permit can be issued,the permit will be an approved Coastal Zone Management
administratively"continued."You are
endangered species or their habitat. Plan.EPA Region 6 has determined that
automatically covered under the ••
How do I Know Which Permit continued permit,without needing to the permit is consistent with the Texas
Coastal Zone Management Plan.The
Conditions Apply to Me? submit anything to EPA,until the
Texas Coastal Zone Management Plan
You are responsible for complying earliest of: procedures for Federal consistency with
with all parts of the permit that are Do- The permit being reissued or Coastal Management Program goals and
applicable to the construction activities replaced; policies (31 TAC 506.12)state that if an
you perform.Part II1.E.of the permit 10- Submittal of a Notice of activity requiring a state agency or
defines the roles of various operators at Termination(NOT); subdivision action above thresholds
r„ a site.In addition,several States and NO- Issuance of an individual permit requires an equivalent Federal permit,
Indian Tribes require alternative or for your activity;or the Texas Coastal Coordination Council
additional permit conditions,and these 100- The Director issues a formal may determine the consistency of the
can be found in Part X of the permit. decision not to reissue the permit,at state agency/subdivision action or the
which time you must seek coverage Federal ermit,but not both.Permittees
�• Do I Have Flexibility in Preparing the under an alternative permit. p
Storm Water Pollution Prevention Plan whose construction projects are located
(SWPPP)and Selecting Best When Can 1 Terminate Permit Coverage? within the boundary of the Texas
Management Practices (BMPs)for My Can I Terminate Coverage(i.e.,Liability Coastal Management Program above
Site? for Permit Compliance)Before the Entire thresholds will be required,as a part of
Storm water pollution prevention Project Is Finished? pre-construction project approval,to
have a consistency review the Texas
plan requirements were designed to You can submit an NOT for your
Council.An additional consistency
allow maximum flexibility to develop portion of a site providing: (1)You have review by the Texas Coastal
the needed storm water controls based achieved final stabilization of the Coordination Council of the storm water
on the specifics of the site.Some of the portion of the site for which you area discharges from these construction
factors you might consider include: permittee (including, if applicable, projects covered by today's permit is,
more stringent local development returning agricultural land to its pre- therefore,not required.
PA requirements and/or building codes; construction agricultural use); (2)
precipitation patterns for the area at the another operator/permittee has assumed IV. Endangered Species Protection
time the project will be underway;soil control according to Part V1.G.2.c.of the A.Background
types;slopes; layout of structures for the permit over all areas of the site that have
site;sensitivity of nearby water bodies; not been finally stabilized which you The Construction General Permit
safety concerns of the storm water were responsible for(for example,a (CGP) also contains conditions to ensure
controls(e.g.,potential hazards of water developer can pass permit responsibility the activities regulated by it are
in storm water retention ponds to the for lots in a subdivision to the protective of species that are listed
safety of children;the potential of homebuilder who purchases those lots, under the Endangered Species Act
drawing birds to retention ponds and providing the homebuilder has filed his (ESA) as endangered or threatened
the hazards they pose to aircraft):and own NOI);or(3) for residential (known as"listed species"),and listed
coordination with other site operators. construction only,you have completed species habitat that is designated under
i
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36493
the ESA as critical ("critical habitat"). In discussions.correspondence,etc. concurrence on a finding of no
addition, the permit's coverage does not between the Services and a Federal likelihood of adverse effects; or
extend to discharges and discharge-
agency or a designated non-Federal 5. The applicant's activity was
related activities likely to jeopardize the representative (NFR) to determine considered as part of a larger, more
continued existence of species proposed whether a Federal action is likely to comprehensive site-specific assessment
but not vet listed as endangered or have an adverse effect on listed species of impacts on endangered and
threatened or result in the adverse or critical habitat. During informal threatened species by the owner or other
modification of habitat proposed to be consultation the Services may suggest operator of the site and that permittee
designated critical habitat. modifications to the action that a certified eligibility under items 1., 2., 3.
The ESA places several different Federal agency, permit applicant or or 4. above.
requirements on activities covered by non-Federal representative could
the CGP. First,section 9 of the ESA and implement to avoid likely adverse The proposal required that applicants
the ESA implementing regulations effects to listed species or critical assess the impacts of their''storm water
generally prohibit any person from habitat. If adverse effects are likely and discharges" and "BMPs to control storm
"taking"a listed animal species(e.g., those effects cannot be addressed water runoff' on listed species and
harassing or harming it) unless the take through informal consultation, then critical habitat that are located''in
is authorized under the ESA. This formal consultation generally occurs. proximity''to the those discharges and
prohibition applies to all entities and Also of relevance for the CGP are ESA BMPs when developing Storm Water
includes EPA,permit applicants, section 10 incidental taking permits. Pollution Prevention Plans (SWPPPs) as
permittees and the public at large. Section 10 of the ESA allows persons, part of the application process.The
including non-Federal entities to
Second,section 7(a)(2) of the ESA proposed CGP also required applicants
requires that Federal agencies consult incidentally take listed animal species, to include measures in SWPPPs to
with the Fish and Wildlife Service where otherwise prohibited,through the Protect listed species and critical
(FWS) or the National Marine Fisheries issuance of a permit after development habitat. "In proximity" was defined in
Service (NMFS) (''the Services'') to of a habitat conservation plan (HCP). Addendum A to include species:
insure that any action authorized, These procedures were developed to ► Located in the path or immediate
funded or carried out by them (also allow non-Federal entities such as area through which or over which
Ow known as"agency actions") are not
likely to jeopardize the continued developers to,among other things,alter contaminated point source storm water
existence o any listed species e result habitat without incurring takings flows from construction activities to the
e
in xistence
destruction or adverse liability where take is minimized to the point of discharge into the receiving
modification of critical habitat. extent practicable. water;
Jeopardizing the continued existence of B. Conditions in the June 2, 1997 0- Located in the immediate vicinity
a listed species means to engage in an Proposed Permit To Protect Species and of,or nearby, the point of discharge into
action that reasonably would be Critical Habitat receiving waters; or
expected,directly or indirectly, to The CGP was proposed with a number Do- Located in the area of a site where
reduce appreciably the likelihood of storm water BMPs are planned or are to
both the survival and recovery of a of conditions to ensure that storm water be constructed.
listed species in the wild by reducing discharges and best management
the reproduction, numbers or practices (BMPs) to control storm water EPA also solicited comment on
distribution ti that species (See 40 CFR runoff were protective of listed species whether the area or scope of impacts to
402.02).istrib or critical habitat. Specifically, coverage be considered by applicants should be
The ESA section 7 implementing under the proposed CGP would be broadened to encompass listed species
regulations se ti CFR 402 apply this granted only under the following found on the entire construction site
consultation requirement a any action circumstances: and not just those species found "in
1.An applicant's storm water proximity'' as currently defined in
authorized by a Federal agency that may discharges or BMPs to control storm Addendum A.
affect listed species or critical habitat, g
including permits. This effect, among Water runoff were not likely to adversely Failure by permittees to abide by
other things,can be beneficial, affect listed species (identified in measures in their SWPPPs to protect
detrimental,direct and indirect.The Addendum A of the permit) or critical species and critical habitat would
issuance of the CGP by EPA is thus habitat; or invalidate permit coverage.Attached to
subject to the ESA section 7(a)(2) 2.The applicant's activity was the proposed permits were instructions
consultation requirements. Finally, ESA previously authorized under§7 or§10 (Addendum A) to assist permit
section 7(a)(1)directs Federal agencies of the Endangered Species Act (ESA) applicants in making this inquiry.The
to use their authority to further the and that authorization addressed storm proposal indicated that a county-by-
purposes of the ESA by carrying out water discharges and BMPs to control county species list would be included in
programs for the conservation of listed storm water runoff;or Addendum A of the final permit to
species,and section 7(a)(4) directs 3.The applicant's activity was assist applicants in determining if listed
Federal agencies to confer with the considered as part of a larger, more species might be"in proximity" to
Services on Agency actions likely to comprehensive assessment of impacts storm water discharges and BMPs. EPA
jeopardize the existence of species on endangered and threatened species did not provide a draft species list in
Ow proposed but not yet finally listed or under§7 or§10 of the ESA which proposed Addendum A.Instead, EPA
result in the adverse modification of accounted for storm water discharges referred commenters to a similar species
critical habitat proposed to be and BMPs to control storm water runoff; list that was used for an earlier EPA-
designated. or issued storm water permit, the
The ESA regulations provide for two 4. Consultation under§7 of the ESA Multisector Storm Water General
types of consultation: formal and was conducted for the applicant's Permit, that was issued on September
informal.Informal consultation is an activity which resulted in either a no 29, 1995 (See 62 FR 29792, note 12,June
optional process that includes jeopardy opinion or a written 2. 1997).
36494 Federal Register/Vol, 63, No. 128/Monday, July 6, 1998/Notices
C.Final CGP Conditions To Protect results in either a no jeopardy opinion species are in the project area:and (3)
�* Listed Species or a written concurrence by the whether the applicant's storm water
On April 28, 1997,EPA entered into Service(s) on a finding that the discharges and discharge-related
formal consultation with the Fish and applicant's storm water discharges and activities are likely to adversely affect
Wildlife Service(FWS) and the National storm water discharge-related activities listed species or critical habitat.If
Marine Fisheries Service(NMFS) (the are not likely to adversely affect listed adverse effects are likely,then
"Services") for issuance of the CGP. species or critical habitat.A section 7 applicants would have to meet one of
After discussions with the Services, consultation may occur in the context of the eligibility requirements of Part
EPA terminated formal consultation and another Federal on (e.g.,an ESA section I.B.3.e.(2)(b)-(d) (paragraphs b.,c.,and
entered into ESA section 7 informal 7 consultation was performed for d.above) to receive permit coverage.
consultation and conferencing with the issuance of a wetlands dredge and fill "Discharge-related activities" include
Fish and Wildlife Service(FWS) and the permit for the project,or as part of a activities which cause point source
National Fisheries Service Services National Environmental Policy Act storm water pollutant discharges
(NMFS) on June 11, 1997.On November (NEPAL review);or including but not limited to excavation,
w 4,and 26, 1997,EPA completed ESA c.The applicant's construction site development,and other surface
informal consultation when NMFS and activities are covered by a permit under disturbing activities,and measures to
FWS provided their respective section 10 of the ESA and that permit control,reduce or prevent storm water
concurrences with EPA's finding that addresses the effects of the applicant's pollution including the siting,
�+ storm water discharges and storm water construction and operation of BMPs.
issuance of the CGP was not likely to discharge-related activities on listed The "project area" includes:
adversely affect listed species or critical species and critical habitat (Part 1.Area(s) on the construction site
habitat.However,the negotiations on 1.B.3.e.(2)(c));or where storm water discharges originate
CGP did not consider ongoing d.The applicant's storm water and flow towards the point of discharge
construction projects;i.e.,construction discharges and storm water discharge- into the receiving waters(this includes
projects which started prior to the related activities were already addressed the entire area or areas where
effective date of these permits. in another operator's certification of excavation,site development,or other
In January, 1998,Region 6 decided to eligibility under Part 1.B.3.e.(2)(a), (b),or ground disturbance activities occur),
address ESA certification issues for (c) which included the applicants and the immediate vicinity;
ongoing construction projects before project area.By certifying eligibility 2.Area(s)where storm water
finalizing the permit.In February, 1998, under Part I.B.3.e.(2)(d),the applicant discharges flow from the construction
EPA Region 6 began a supplemental agrees to comply with any measures or site to the point of discharge into .
informal consultation with FWS and controls upon which the other receiving waters;
NMFS on language to clarify operator's certification under Part 3.Area(s) where storm water from
requirements for ongoing construction I.B.3.e.(2)(a), (b) or(c) was based. construction activities discharges into
activity.EPA Region 6 completed ESA The CGP requires that applicants the receiving waters and the area(s) in
informal section 7 consultation and consider effects to listed species and the immediate vicinity of the point of
+� conferencing when FWS and NMFS critical habitat when developing discharge,and
provided their concurrences that SWPPPs and require that those plans 4.Area(s) where storm water BMPs
issuance of these permits is unlikely to include measures,as appropriate,to will be constructed and operated,
adversely affect listed species or critical protect those resources. Failure by including any area(s) where storm water
habitat on June 9,and 15,respectively. permittees to abide by measures in the flows to and from BMPs.
With the completion of these SWPPPs to protect species and critical The project area will vary with the
consultations,EPA Region 6 has habitat may invalidate permit coverage. size and structure of the construction
reduced the administrative burden This permit requires all projects activity,the nature and quantity of the
associated with obtaining permit commencing construction after the storm water discharges, the measures
coverage for ongoing construction effective date of this permit,to follow (including BMPs)to control storm water
projects for the federal agencies and the the procedures provided in Addendum runoff,and the type of receiving waters.
regulated community. A of the permit when applying for Addendum A also contains
Based on that consultation and in permit coverage.The Director may also information on where to find
consideration of comments received on require any existing permittee or information on listed and proposed
the June 2, 1997,proposal, EPA has applicant to provide documentation of species organized by State and county to
placed the following conditions in the eligibility for this permit using the assist applicants in determining if
permit to protect listed species and procedures in Addendum A,where EPA further inquiry is necessary as to
critical habitat(See Part I.B.3.0. or the Fish and Wildlife Services whether listed species are present in the
Coverage under the CGP is available for determine that there is a potential project area.Applicants can check the
construction projects only if: impaction on endangered or threatened Office of Wastewater Management's
a.The storm water discharges and species or a critical habitat.Nothing in website(http://www.epa.gov/owm).
storm water discharge-related activities the permit relieves applicants which are CGP applicants can also get updated
are not likely to adversely affect listed under construction as of the effective species information for their county by
species or critical habitat(Part date of this permit of their obligations calling the appropriate FWS or NMFS
I.B.3.e.(2)(a));or they may have to comply with any office. EPA Region 6 applicants can also
b.Formal or informal consultation requirements of the Endangered Species contact the EPA Region 6 Storm Water
with the Services under section 7 of the Act. Hotline(1-800-245-6510) for updated
Endangered Species Act (ESA) has been Addendum A contains instructions to species information.
concluded which addresses the effects assist permit applicants in making this The CGP also requires that applicants
of the applicant's storm water inquiry.Those instructions require that comply with any conditions imposed
discharges and storm water discharge- applicants ascertain: (1) If their under the eligibility requirements of
related activities on listed species and construction activities would occur in Part 1.B.3.e.(2)a.,b.,c.,or d.above to
critical habitat and the consultation critical habitat; (2)whether listed remain eligible for coverage under this
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36495
permit.Such conditions must be listed or eligible for listing on the entitlements,grants,user fees,or loan
incorporated in the applicant's SWPPP. National Register of Historic Places and programs or the rights and obligations of
The CGP does not authorize any to seek comments from the Advisory recipients thereof,or raise novel legal or
prohibited take(as defined under Council on Historic Preservation policy issues arising out of legal
section 3 of the ESA and 50 CFR 17.3) (ACHP).The permit was proposed with mandates,the President's priorities,or
of endangered or threatened species a number of conditions pertaining to the the principles set forth in the Executive
unless such takes are authorized under consideration of historic properties. Order.It has been determined that this
sections 7 or 10 of the ESA.The CGP EPA has decided to not include those re-issued general permit is not a
does not authorize any storm water conditions because the ACHP and the "significant regulatory action" under
.f discharges or storm water discharge- National Conference of State Historic the terms of Executive Order 12866.
related activities that are likely to Preservation Officers(NCSHPO) have VII.Unfunded Mandates Reform Act
jeopardize the continued existence of requested that EPA not include such
any species that are listed or proposed conditions in the final permit at this Title II of the Unfunded Mandates
to be listed as endangered or threatened time.The ACHP and the NCSHPO have Reform Act of 1995 (UMRA),Pub. L.
under the ESA or result in the adverse recommended that EPA issue the permit 104-4,establishes requirements for
modification or destruction of habitat but recommend that EPA continue Federal agencies to assess the effects of
that is designated or proposed to be working with them and Tribes regarding their regulatory actions on State,local,
designated as critical under the ESA. the possible development of a more and Tribal governments and the private
., It is EPA's intention to provide permit comprehensive and efficient approach sector. Under UMRA section 202,EPA
applicants with the greatest possible to ensure that effects to historic generally must prepare a written
flexibility in meeting permit properties are given appropriate statement, including a cost-benefit
requirements for protecting listed consideration while ensuring undue analysis,for proposed and final rules
species and critical habitat.Thus,EPA burdens are not imposed on applicants with"Federal mandates"that may
is allowing applicants to use either and regulatory authorities.EPA plans to result in expenditures to State, local,
section 7 or section 10 ESA mechanisms continue working with the ACHP, and Tribal governments,in the
to address situations where adverse NCSHPO and Tribes on this effort and aggregate,or to the private sector,of
effects are likely(See Part I.B.3.e.(2)(b) may modify the permit to incorporate $100 million or more in any one year.
and(c)).Also,to give applicants procedures regarding the protection of Before promulgating an EPA rule for
additional flexibility in meeting the Part historic resources at a later date. which a written statement is needed,
I.B.3.e.eligibility requirements and with B. Future CGP Conditions To Protect or UMRA§205 generally requires EPA to
the timing f informal consultations,the identify and consider a reasonable
g Consider Effects to Historic Properties g �'number of re ulato alternatives and
� permit automatically designates CGP ••
applicants as non-Federal In response to comments received on adopt the least costly,.most cost-
representatives for the purpose of the permit proposal and because the effective or least burdensome alternative
carrying out informal consultation. Agency is still discussing historic that achieves the objectives of the rule.
However,EPA notes that meeting ESA preservation with the Advisory Council The provisions of UMRA§205 do not
requirements raises difficult on Historic Preservation(ACHP),the apply when they are inconsistent with
implementation'ssues on how to best final permit reserves permit applicable law.Moreover,UMRA§205
ensure that the permits are protective of requirements related to historic allows EPA to adopt an alternative other
listed species and critical habitats preservation.Today's final permit does than the least costly,most cost-effective
without unduly burdening permit not include the eligibility restrictions or least burdensome alternative if the
applicants,permittees,acid State,local, and evaluation requirements from the Administrator publishes an explanation
and Federal governmental entities. proposed permit.After future with the final rule why the alternative
Thus.EPA intends in the future to discussions with the ACHP,EPA may was not adopted.
review those permit conditions and modify the permit to reflect those Before EPA establishes any regulatory
procedures that relate to the ESA and discussions. requirements that may significantly or
the protection of historic resources to VI.Regulatory Review(Executive Order uniquely affect small governments,
see how well that goal has been 12866) including Tribal governments,it must have developed under UMRA§203 a
achieved and may revise the permits if Under Executive Order 12866, (58 FR small government agency plan.The plan
necessary to better achieve that goal. 51735 [October 4, 1993])the Agency must provide for notifying potentially
V.Historic Property Protection must determine whether the regulatory affected small governments,enabling
A.Background action is"significant"and therefore officials of affected small governments
�. subject to OMB review and the to have meaningful and timely input in
The National Historic Preservation requirements of the Executive Order. the development of EPA regulatory
Act of 1966,as amended, (NHPA) The Order defines"significant proposals with significant Federal
establishes a national historic regulatory action"as one that is likely intergovernmental mandates,and
preservation program for the to result in a rule that may have an informing,educating and advising small
identification and protection of historic annual effect on the economy of$100 governments on compliance with the
properties and resources. Under the million or more or adversely affect in a regulatory requirements.
NHPA,identification of historic material way the economy,a sector of A UMRA Section 202 and the
properties is coordinated by the State the economy,productivity,competition,
Historic Preservation Officers(SHPOs), jobs,the environment,public health or Construction General Permit
Tribal Historic Preservation Officers safety,or State,local or Tribal UMRA§202 requires a written
(THPOs)or other Tribal Representatives governments or communities:create a statement containing certain
(in the absence of a THPO).Section 106 serious inconsistency or otherwise assessments,estimates and analyses
of the NHPA requires Federal agencies interfere with an action taken or prior to the promulgation of certain
to take into account the effects of their planned by another agency:materially general notices of proposed rulemaking
actions on historic properties that are alter the budgetary impact of (2 U.S.C. 1532). UMRA§421(10) defines
36496 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
.'rule"based on the definition of rule in seeking coverage under the permit. if issued as drafted,would not have a
the Regulatory Flexibility Act.Section Thus, UMRA§203 would not apply. significant impact on a substantial
601 of the Regulatory Flexibility Act VIII.Paperwork Reduction Act number of small entities.EPA based its
defines"rule"to mean any rule for conclusion on the fact that the draft
which an agency publishes a general On June 2, 1997,EPA solicited permit was largely the same as the
notice of proposed rulemaking pursuant comments on the proposed revision to previous permit issued in 1992 and,to
to§553 of the Administrative Procedure the current Information Collection the extent it differed,provided
Act.EPA does not propose to issue Request(ICR)document for this permit dischargers with more flexibility than
NPDES general permits based on APA (ICR approved OMB:OMB No.2040- that permit allowed.
§553.Instead,EPA relies on publication 0086,expiration.August 31, 1998) to Some commenters on the proposed
of general permits in the Federal accommodate the increased information CGP disagreed with EPA's conclusions
Register in order to provide "an requirements in the new NOI for the that NPDES general permits are not
opportunity for a hearing"under CWA construction general permit(62 FR subject to rulemaking requirements and
§402(a),33 U.S.C. 1342(a).Nonetheless, 29826)•A revised NOI form has been that the proposed permit would not
EPA has evaluated permitting approved (EPA Form 3510-9 OMB No. have a significant impact on small
alternatives for regulation of storm 2040-0188.)This revised form is entities.They asserted that the CGP is
water discharges associated with included in the permit in Addendum C. subject to rulemaking requirements and
construction activity.The general EPA estimates an increase in the burden thus the RFA,and that the Agency
associated with filling out the NOI form should have prepared an IRFA for the
permit that EPA proposes to re-issue
would be virtually the same NPDES for the permit due to added permit.
general permit for construction that requirements under the Endangered In light of the comments received,
many construction operators have used Species Act.EPA also anticipates a EPA further considered whether NPDES
over the past five years.Furthermore, small increase in the time because of the general permits are subject to
general permits provide a more cost and requirement to submit an NOT upon rulemaking requirements.The Agency
time efficient alternative for the completion of construction activities. reviewed its previous NPDES general
Permitting actions and related
regulated community to obtain NPDES IX.Regulatory Flexibility Act
permit coverage than that provided statements in the Federal Register or
Pe P Under the Regulatory Flexibility Act elsewhere.This review suggests that the
through individually drafted permits. (RFA), 5 U.S.C.601 et seq.,a Federal Agency has generally treated NPDES
B. UMRA Section 203 and the agency must prepare an initial general permits effectively as rules,
Construction General Permit regulatory flexibility analysis"for any though at times it has given contrary
proposed rule"for which the agency"is indications as to whether these actions
w Agencies are required to prepare required by section 553 of(the are rules or permits.EPA also reviewed
small government agency plans under Administrative Procedure Act(APA)], again the applicable law,including the
UMRA§203 prior to establishing any or any other law,to publish general CWA,relevant CWA case law and the
regulatory requirement that might notice of proposed rulemaking."The APA,as well as the Attorney General's
significantly or uniquely affect small RFA exempts from this requirement any Manual on the APA (1947). On the basis
governments. "Regulatory rule that the issuing agency certifies of its review.EPA has concluded,as set
requirements"might,for example, .will not,if promulgated,have a forth in the proposal,that NPDES
include the requirements of these significant economic impact on a general permits are permits under the
NPDES general permits for discharges substantial number of small entities." APA and thus not subject to APA
associated with construction activity. EPA did not prepare an initial rulemaking requirements or the RFA.
especially if a municipality sought regulatory flexibility analysis(IRFA) for The APA defines two broad.mutually
coverage under one of the general the proposed CGP. (Note that in today's exclusive categories of agency action—
permits.EPA envisions that some action,EPA is issuing a separate general "rules"and "orders."Its definition of
municipalities—those with municipal permit for each jurisdiction where EPA "rule"encompasses"an agency
separate storm sewer systems serving a issues permits:i.e.,in certain States, statement of general or particular
population over 100.000—may elect to Indian Country lands and Federal applicability and future effect designed
seek coverage under these proposed facilities within certain States.However, to implement, interpret,or prescribe law
general permits.For many for purposes of readability,reference is or policy or describing the organization,
municipalities,however,a permit made to the permits in the singular form procedure,or practice requirements of
application is not required until August such as"permit"or"CGP"rather than an agency* * `APA section 551(4).
7,2001,for a storm water discharge in plural form.) In the notice of the Its definition of"order"is residual: "a
associated with construction activity proposed permit,EPA explained its final disposition* * * of an agency in
where the construction site is owned or view that issuance of an NPDES general a matter other than rule making but
operated by a municipality with a permit is not subject to rulemaking including licensing."APA section
population of less than 100.000. (See 40 requirements, including the requirement 551(6) (emphasis added).The APA
CFR 122.26(e)(1)(ii)and(g)). for a general notice of proposed defines"license"to"include* * *an
In any event,any such permit rulemaking,under APA section 553 or agency permit* * *"APA section
requirements would not significantly any other law,and is thus not subject to 551(8).The APA thus categorizes a
affect small governments because most the RFA requirement to prepare an permit as an order,which by the APA's
State laws already provide for the IRFA.Nevertheless, in keeping with definition is not a rule.
control of sedimentation and erosion in EPA's policy to consider the impact of Section 553 of the APA establishes
a similar manner as today's general its actions on small entities even when "rule making"requirements.The APA
permit.Permit requirements also would it is not legally required to do so,the defines rule making as"the agency
not uniquely affect small governments Agency considered the potential impact process for formulating,amending,or
because compliance with the permit's of the permit on small entities that repealing a rule.'"APA§551(5).By its
conditions affects small governments in would be eligible for coverage under the terms,then, §553 applies only to
the same manner as any other entity permit.EPA concluded that the permit, "rules"and not also to"orders,"which
i
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36497
include permits.As the Attorney violates§301 of the Act for discharging for obtaining authorization to discharge.
�- General's Manual on the APA explains, without a permit,not for violating the Of the possible permitting mechanisms
"the entire Act is based upon a terms of an NPDES general permit., available to dischargers subject to the
dichotomy between rule making and Because the CWA and its case law CWA,NPDES general permits are
adjudication[the agency process for make clear that NPDES permits are the designed to reduce the reporting and
formulation of an order]" (p. 14). congressionally chosen vehicle for monitoring burden associated with
The CWA specifies the use of permits authorizing discharges of pollutants to NPDES permit authorization,especially
for authorizing the discharge of waters of the United States,the APA's for small entities with discharges having
pollutants to waters of the United rulemaking requirements are comparatively less potential for
States.Section 301(a)of the CWA inapplicable to issuance of such environmental degradation than
prohibits discharges of pollutants permits,including today's general� g discharges typically regulated under
"[except as in compliance with" permit.Further,while the CWA requires individual NPDES permits.Thus,
specified sections of the CWA, that NPDES permits be issued only after general permits like the permit at issue
including section 402.33 U.S.C. an opportunity for a hearing,it does not here provide small entities with a
131](a).Section 402 of the CWA require publication of a general notice of permitting application option that is
authorizes EPA"to issue a permit for proposed rulemaking.Thus.NPDES much less burdensome than NPDES
the discharge of any pollutant* * * permitting is not subject to the individual permit applications.
notwithstanding section 1301(a) of the requirement to publish a general notice Furthermore,the general pennit is
CWA]."33 U.S.C. 1342(a).Thus,the of proposed rulemaking under the APA virtually identical to its predecessor,the
only circumstances in which a or any other law.Accordingly,it is not Baseline Construction General Permit,
discharge of pollution may be subject to the RFA. under which many construction
authorized is where the Agency has At the same time,the Agency operators have operated during the past
issued a permit for the discharge. recognizes that the question of the five years.Moreover,the other new
Courts,recognizing that a permit is the applicability of the APA,and thus the provisions of the permit have been
necessary condition-precedent to any RFA.to the issuance of a general permit designed to minimize burdens on small
lawful discharge,specifically suggested is a difficult one,given the fact that a entities, including eliminating the
the use of area-wide and general permits large number of dischargers may choose requirement that construction site
r� as a mechanism for addressing the to use the general permit.Indeed,the operators require that their contractors
Agency's need to issue a substantial point of issuing a general permit is to and subcontractors sign a standard
number of permits.See NRDC v. Train, provide a speedier means of permitting certification statement agreeing to abide
396 F.Supp. 1393, 1402 (D.D.C. 1975); large number of sources and save by storm water pollution prevention
NRDC v. Costle, 568 F.2d 1369, 1381. dischargers and EPA time and effort. plan provisions developed for a project.
(D.C.Cir. 1977).Adopting the courts' Since the Agency hopes that many In today's general permit, only the
suggestion.EPA has made increasing dischargers will make use of a general operator(s) of a construction site are
use of general permits in its CWA permit and since the CWA requires EPA required to satisfy certification
regulatory program,particularly for to provide an opportunity for"a requirements under the permit.EPA
storm water discharges. hearing"prior to issuance of a permit, believes this modification from the prior
In the Agency's view, the fact that an EPA provides the public with notice of permit should reduce any such adverse
NPDES general permit may apply to a a draft general permit and an economic impacts on both operators and
large number of different dischargers opportunity to comment on it.From contractors/subcontractors who,in
does not convert it from a permit into public comments, EPA learns how to many instances,are small entities.In
a rule.As noted above,the courts which better craft a general permit to make it view of the foregoing,the Regional
have faced the issue of how EPA can appropriate for,and acceptable to,the Administrators find that the final
permit large numbers of discharges largest number of potential permittees. general permit,even if it were a rule,
under the CWA have suggested use of a This same process also provides an will not have a significant economic
general permit,not a rule.Under the opportunity for EPA to consider the impact on a substantial number of small
APA,the two terms are mutually potential impact of general permit terms entities.
exclusive.Moreover,an NPDES general on small entities and how to craft the
permit retains unique characteristics permit to avoid any undue burden on Storm Water General Permit for
that distinguish a permit from a rule. small entities.This process, however, is Construction Activities in Region 6
First,today's NPDES general permit for voluntary,and does not trigger NPDES Permit No. [See Part 1.A.1
storm water discharges associated with rulemaking or RFA requirements.
construction activity is effective only In the case of the CGP being issued Authorization to Discharge Under the
with respect to those dischargers that today,the Agency has considered and National Pollutant Discharge
choose to be bound by the permit.Thus. addressed the potential impact of the Elimination System
unlike the typical rule,this NPDES general permit on small entities in a In compliance with the provisions of
general permit does not impose manner that would meet the the Clean Water Act,as amended, (33
immediately effective obligations of requirements of the RFA if it applied. U.S.C. 1251 et.seq.),except as provided
general applicability.A discharger must Specifically,EPA has analyzed the in Part I.B.3 of this permit,operators of
choose to be covered by this general potential impact of the general permit construction activities located in an area
permit and so notify EPA.A discharger on small entities and found that it will specified in Part I.A.and who submit a
always retains the option of obtaining not have a significant economic impact Notice of Intent in accordance with Part
its own individual permit. Relatedly, on a substantial number of small II,are authorized to discharge pollutants
the terms of the NPDES general permit entities. Like the previous general to waters of the United States in
are enforceable only against dischargers permit that it replaces(the Baseline accordance with the conditions and
that choose to make use of the permit. Construction General Permit),the requirements set forth herein.
If a source discharges without permit will make available to many This permit shall become effective on
authorization of a general or an small entities.particularly operators of [insert the date of publication of the
individual permit,the discharger construction sites,a streamlined process final permit in the Federal Register].
36498 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
This permit and the authorization to A.Endangered Species prevention plan covering the discharges
discharge shall expire at midnight,July B.Historic Properties(Reserved) from the support activity areas.
7, 2003. C.Notice of Intent (NOI) Form
D.Notice of Termination(NOT) Form 3.Limitations on Coverage
Signed:June 24. 1998.
William B.Hathaway, Part I. Coverage Under This Permit a. Post Construction Discharges.This
permit does not authorize storm water
Director,Water Quality Protection Division. A. Permit Area discharges that originate from the site
NPDES General Permits for Storm The permit language is structured as after construction activities have been
Water Discharges from Construction if it were a single permit,with State, completed and the site, including any
_ Activities Indian Country land, or other area- temporary support activity site,has
Table of Contents specific conditions specified in Part X. undergone final stabilization. Industrial
Permit coverage is actually provided by post-construction storm water
Part I.Coverage Under this Permit legally separate and distinctly discharges may need to be covered by a
A.Permit Area numbered permits covering each of the separate NPDES permit.
B.Eligibility following areas: b. Discharges Mixed with Non-Storm
i C.Obtaining Authorization Water. This permit does not authorize
D.Terminating Coverage Region 6 discharges that are mixed with sources
Part 11.Notice of Intent Requirements * of non-storm water,other than those
A.Deadlines for Notification LAR10 #1]]:Indian Country lands in the
c B.Contents of Notice of Intent State of Louisiana discharges which are identified in Part
I C."'here to Submit NMR10*###:The State of New Mexico, III.A.2. or 3. (exceptions to prohibition
Part 11I.Special Conditions.Management except Indian Country lands on non-storm water discharges) and are
Practices,and Other Non-Numeric NMR10*##1:Indian Country lands in the in compliance with Part IV.D.5 (non-
Limitations State of New Mexico, except Navajo storm water discharges).
A.Prohibition on Non-Storm Water Reservation Lands and Ute Mountain c. Discharges Covered by Another
Discharges Reservation Lands Permit.This permit does not authorize
B.Releases in Excess of Reportable OKR10*##1:Indian Country lands in the storm water discharges associated with
Quantities State of Oklahoma construction activity that have been
C.Spills OKR10*##F:Oil and Gas Sites in State covered under an individual permit or
D.Discharge Compliance with Water
Quality Standards of Oklahoma required to obtain coverage under an
E.Responsibilities of Operators TXR10*###:The State of Texas,except alternative general permit in accordance
F.Consistency with the Texas Coastal Indian Country lands with Part VI.L.
Management Program TXR10*##I: Indian Country lands in the d. Discharges Threatening Water
Part IV.Storm Water Pollution Prevention State of Texas Quality.This permit floes not authorize
Plans storm water discharges from
A.Deadlines for Plan Preparation and B. Eligibility construction sites that the Director
Compliance 1.Permittees are authorized to (EPA) determines will cause,or have
+ B.Signature,Plan Review and Making discharge pollutants in storm water reasonable potential to cause or
Plans Available runoff associated with construction contribute to,violations of water quality
C.Keeping Plans Current
D.Contents of Plan activities as defined in 40 CFR standards. Where such determinations
Part V.Retention of Records 122.26(b)(14)(x) and those construction have been made, the Director may notify
+ A.Documents site discharges designated by the the operator(s) that an individual permit
B.Accessibility Director as needing a storm water application is necessary in accordance
C.Addresses permit under 122.26(a)(1)(v) or under with Part VI.L. However, the Director
Part V1.Standard Permit Conditions 122.26(a)(9) and 122.26(g)(1)(i). may authorize coverage under this
A.Duty to Comply Discharges identified under Part I.B.3 permit after appropriate controls and
+ B.Continuation of the Expired General are excluded from coverage. Any implementation procedures designed to
Permit d b i
authorze the discharges into compliance
.Need to Halt or Reduce Activity not a discharge y a different bring dih i g p
Defense NPDES permit may be commingled with with water quality standards have been
D.Duty to Mitigate discharges authorized by this permit. included in the storm water pollution
+ E.Duty to Provide Information. 2.This permit also authorizes storm prevention plan:
F.Other Information water discharges from support activities e. Storm water discharges and storm
G.Signatory Requirements (e.g.,concrete or asphalt batch plants, water discharge-related activities that
H.Penalties for Falsification of Reports equipment staging yards,material are not protective of Federally listed
+ 1.Oil and Hazardous Substance Liability storage areas,excavated material endangered and threatened("listed')
J.Property Rights disposal areas,borrow areas) provided: species or designated critical habitat
K.Severability a.The support activity is directly (''critical habitat').
L.Requiring an Individual Permit or an
Alternative General Permit related to a construction site that is (1) For the purposes of complying
M.State/Tribal Environmental Laws required to have NPDES permit with the Part 1.B.3.e. eligibility
N.Proper Operation and Maintenance coverage for discharges of storm water requirements, ''storm water discharge-
O.Inspection and Entry associated with construction activity; related activities" include:
P.Permit Actions b.The support activity is not a (a) Activities which cause,contribute
Part VII.Reopener Clause commercial operation serving multiple to, or result in point source storm water
Part VIII.Termination of Coverage unrelated construction projects by pollutant discharges, including but not
A. Notice of Termination different operators,and does not operate limited to:excavation,site
B.Addresses beyond the completion of the development,grading and other surface
Part IX.Definitions construction activity at the last disturbance activities: and
Part X.Permit Conditions Applicable to
Specific States.Indian Country Lands,or construction project it supports;and (b) Measures to control storm water
c. Appropriate controls and measures including the siting,construction and
Territories
of best management practices
Addenda are identified in a storm water pollution operation
N
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36499
(BMPs) to control, reduce or prevent endangered or threatened species or a implemented as a cooperative effort
storm water pollution. critical habitat. Nothing in this permit where there is more than one operator
(2) Coverage under this permit is relieves applicants which are under at a site; and
available only if the applicant certifies construction as of the effective date of c. Submit a Notice of Intent (NOI) in
that it meets at least one of the criteria this permit of their obligations they may accordance with the requirements of
in paragraphs (a)-(d) below. Failure to have to comply with any requirements Part II, using an NOI form provided in
continue to meet one of these criteria of the Endangered Species Act. Addendum C of this permit. Only one
during the term of the permit will (4) The applicant must comply with NOI need be submitted to cover all of
render a permittee ineligible for any applicable terms, conditions or the permittee's activities on the
coverage under this permit. other requirements developed in the common plan of development or sale
(a) The storm water discharges and process of meeting eligibility (e.g.,you do not need to submit a
storm water discharge-related activities requirements of Part I.B.3.e.(2)(a), (b), separate NOI for each separate lot in a
are not likely to adversely affect listed (c).or(d) above to remain eligible for residential subdivision or for two
species or critical habitat; or coverage under this permit. Such terms separate buildings being constructed at
(b) Formal or informal consultation and conditions must be incorporated in a manufacturing facility,provided your
J with the Fish and Wildlife Service and/ the applicant's storm water pollution SWPPP covers each area for which you
or the National Marine Fisheries Service prevention plan. are an operator).The SWPPP must be
(the"Services") under section 7 of the (5) Applicants who choose to conduct implemented upon commencement of
Endangered Species Act (ESA) has been informal consultation to meet the construction activities.
concluded which addresses the effects eligibility requirements of Part 2. Any new operator on site,
of the applicant's storm water 1.B.3.e.(2)(b) are automatically including those who replace an operator
discharges and storm water discharge- designated as non-Federal who has previously obtained permit
related activities on listed species and representatives under this permit. See coverage,must submit an NOI to obtain
critical habitat and the consultation 50 CFR 402.08. Applicants who choose permit coverage.
results in either a no jeopardy opinion to conduct informal consultation as a 3. Unless notified by the Director to
or a written concurrence by the non-Federal representatives must notify the contrary,operators who submit a
Service(s) on a finding that the EPA and the appropriate Service office correctly completed NOI in accordance
applicant's storm water discharges and in writing of that decision. with the requirements of this permit are
storm water discharge-related activities (6)This permit does not authorize any authorized to discharge storm water
are not likely to adversely affect listed storm water discharges where the from construction activities under the
species or critical habitat. A section 7 discharges or storm water discharge- terms and conditions of this permit two
a consultation may occur in the context of related activities cause prohibited (2) days after the date that the NOI is
another Federal action (e.g., a ESA "take'' (as defined under section 3 of the postmarked.The Director may deny
section 7 consultation was performed Endangered Species Act and 50 CFR coverage under this permit and require
for issuance of a wetlands dredge and 17,3) of endangered or threatened submittal of an application for an
fill permit for the project,or as part of species unless such takes are authorized individual NPDES permit based on a
a National Environmental Policy Act under sections 7 or 10 of the review of the NOI or other information
(NEPA) review); or Endangered Species Act. (see Part VLL).
(c) The applicant's construction (7) This permit does not authorize any
activities are authorized under section storm water discharges where the D. Terminating Coverage
10 of the ESA and that authorization discharges or storm water discharge- 1. Permittees wishing to terminate
r addresses the effects of the applicant's related activities are likely to jeopardize coverage under this permit must submit
storm water discharges and storm water the continued existence of any species a Notice of Termination (NOT) in
discharge-related activities on listed that are listed or proposed to be listed accordance with Part VIII of this permit.
species and critical habitat; or as endangered or threatened under the Compliance with this permit is required
(d)The applicant's storm water ESA or result in the adverse until an NOT is submitted.The
discharges and storm water discharge- modification or destruction of habitat permittee's authorization to discharge
related activities were already addressed that is designated or proposed to be under this permit terminates at
in another operator's certification of designated as critical under the ESA. midnight of the day the NOT is signed.
eligibility under Part I.13.3.e.(2)(a), (b),or f. Storm water Discharges and Storm 2. All permittees must submit a NOT
(c) which included the applicant's Water Discharge-Related Activities with within thirty (30) days after one or more
project area. By certifying eligibility Unconsidered Adverse Effects on of the following conditions have been
under Part I.13.3.e.(2)(d), the applicant Historic Properties. (Reserved) met:
agrees to comply with any measures or a. Final stabilization (see definition
controls upon which the other C. Obtaining Authorization Part IX.I) has been achieved on all
operator's certification under Part 1. In order for storm water discharges portions of the site for which the
I.B.3.e.(2)(a), (b) or (c) was based. from construction activities to be permittee is responsible (including if
(3) For all projects commencing authorized under this general permit, an applicable, returning agricultural land
construction after the effective date of operator must: to its pre-construction agricultural use);
this permit, applicants must follow the a.Meet the Part I.B eligibility b. Another operator/permittee has
procedures provided at Addendum A of requirements; assumed control according to Part
this permit when applying for permit b. Except as provided in Parts II.A.S VI.G.2.c. over all areas of the site that
coverage. The Director may also require and 11.A.6,develop a storm water have not been finally stabilized:or
any existing permittee or applicant to pollution prevention plan (SWPPP) c. For residential construction only,
provide documentation of eligibility for covering either the entire site or all temporary stabilization has been
this permit using the procedures in portions of the site for which they are completed and the residence has been
Addendum A,where EPA or the Fish operators (see definition in Part 1X.N) transferred to the homeowner.
and Wildlife Services determine that according to the requirements in Part IV. Enforcement actions may be taken if
there is a potential impaction on A ''joint" SWPPP may be developed and a permittee submits a NOT without
1�
36500 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
meeting one or more of these b. For the first 90 days from the proposed threatened or endangered
conditions. effective date of this permit,comply species, or designated critical habitat,
' Part II.Notice of Intent Requirements With the terms and conditions of the are in proximity to the storm water
1992 baseline construction general discharges or storm water discharge-
A.Deadlines for Notification permit they were previously authorized related activities to be covered by this
1. Except as provided in Parts ILA.3, under;and permit:
II.A.4,11.A.5 or II.A.6 below, parties c. Update their storm water pollution j. Under which section(s) of Part
defined as operators (see definition in prevention plan to comply with the I.B.3.e. (Endangered Species) the
Part IX.N)due to their operational requirements of Part 1V within 90 days applicant is certifying eligibility; and
control over construction plans and after the effective date of this permit. Note that as of the effective date of
specifications,including the ability to 6. Operators of on-going construction this permit, reporting of information
make modifications to those plans and projects as of the effective date of this relating to the preservation of historic
specifications,must submit a Notice of permit which did not receive properties has been reserved and is not
Intent(NOI) in accordance with the authorization to discharge for these required at this time. Such reservation
requirements of this Part at least two (2) Projects under the 1992 baseline in no way relieves applicants or
days prior to the commencement of construction general permit must: permittees from any otherwise
construction activities (i.e.,the initial a. Prepare and comply with an applicable obligations or liabilities
disturbance of soils associated with interim storm water pollution related to historic preservation under
clearing,grading,excavation activities, prevention plan in accordance with the State,Tribal or local law. After further
or other construction activities). 1992 baseline construction general discussions between EPA and the
2. Except as provided in Parts 11.A.3, Permit prior to submitting an NOI; Advisory Council on Historic
II.A.4,II.A.5 or I].A.6 below,parties b. Submit a NOI according to Part II.B; Preservation, the Agency may modify
defined as operators (see definition in and the permit.Any such modification may
Part IX.N)due to their day-to-day c. Update their storm water pollution affect future Notice of Intent reporting
operational control over activities at a prevention plan to comply with the requirements.
project which are necessary to ensure requirements of Part IV within 90 days C. Where To Submit
this after the effective date of ts permit.
� compliance with a storm water 1. NOIs must be signed in accordance
pollution prevention plan or other B. Contents of Notice of Intent(NOf)con Use o
control contractor) with Part VI.G.and sent to the following
contractor, erosion con
permit conditions ( general 1. f Revised NOI Form address: Storm Water Notice of Intent
Street, SW,
M 401
must submit a NO]at least two (2) days The revised NOI form [EPA Form Washington, D(4203), US EPA, 201 M
prior to commencing work on-site. 3510-91 shall be signed in accordance
3. For storm water discharges from with Part V1.G of this permit and shall Part III. Special Conditions,
construction projects where the operator include the following information: Management Practices,and Other Non-
changes,including instances where an a. The name,address, and telephone Numeric Limitations
operator is added after a NO] has been number of the operator filing the NOI
submitted under Parts II.A.1 or II.A.2, for permit coverage: A. Prohibition on Non-Storm Water
Discharges
the new operator must submit a NOI at b. An indication of whether the
least two (2) days before assuming operator is a Federal, State, Tribal, 1. Except as provided in Parts I.B.2 or
operational control over site private,or other public entity; 3 and III.A.2 or 3,all discharges covered
specifications or commencing work on- c. The name (or other identifier), by this permit shall be composed
site. address, county, and Iatitude/longitude entirely of storm water associated with
4.Operators are not prohibited from of the construction project or site; construction activity.
submitting late NOIs. When a late NO] d. An indication of whether the 2. Discharges of material other than
is submitted,authorization is only for project or site is located on Indian storm water that are in compliance with
discharges that occur after permit Country lands; an NPDES permit (other than this
coverage is granted.The Agency e.Confirmation that a storm water permit) issued for that discharge may be
reserves the right to take appropriate pollution prevention plan (SWPPP) has discharged or mixed with discharges
enforcement actions for any been developed or wilt be developed authorized by this permit.
unpermitted activities that may have prior to commencing construction 3. The following non-storm water
occurred between the time construction activities,and that the SWPPP will be discharges from active construction sites
commenced and authorization of future compliant with any applicable local are authorized by this permit provided
discharges is granted (typically 2 days sediment and erosion control plans. the non-storm water component of the
after a complete NOI is submitted). Copies of SWPPPs or permits should not discharge is in compliance with Part
5. Operators of on-going construction be included with the NOI submission; W.D.5 (non-storm water discharges):
projects as of the effective date of this f. Optional information: the location discharges from fire fighting activities;
permit which received authorization to where the SWPPP may be viewed and fire hydrant f7ushings;waters used to
discharge for these projects under the the name and telephone number of a wash vehicles where detergents are not
1992 baseline construction general contact person for scheduling viewing used; water used to control dust in
permit must: times: accordance with Part IV.D.2.c.(2);
a. Submit a NOI according to Part]I.B. g. The name of the receiving water(s); potable water sources including
within 90 days of the effective date of h. Estimates of project start and waterline f7ushings: routine external
this permit. If the permittee is eligible completion dates, and estimates of the building wash down which does not use
to submit a Notice of Termination (e.g., number of acres of the site on which soil detergents: pavement washwaters where
construction is finished and final will be disturbed (if less than 1 acre, spills or leaks of toxic or hazardous
stabilization has been achieved) before enter"1''); materials have not occurred (unless all
the 90th day, a new NOI is not required i. Based on the instructions in spilled material has been removed) and
to be submitted; Addendum A.whether any listed or where detergents are not used; air
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36501
conditioning condensate; coverage under this permit may be b. Ensure that the SWPPP indicates
�• uncontaminated ground water or spring terminated by the Director,and an areas of the project where they have
water:and foundation or footing drains alternative general permit or individual operational control over day-to-day
where flows are not contaminated with permit may be issued.Compliance with activities;
process materials such as solvents. this requirement does not preclude any c. Ensure that the SWPPP for portions
B.Releases in Excess of Reportable enforcement activity as provided by the of the project where they are operators
Quantities Clean Water Act for the underlying indicates the name and NPDES permit
violation. number of the party(ies)with
The discharge of hazardous operational control over project
substances or oil in the storm water E.Responsibilities of Operators specifications (including the ability to
discharge(s)from a facility shall be Permittees may meet one or both of make modifications in specifications);
prevented or minimized in accordance the operational control components in 3. Permittees with operational control
with the applicable storm water the definition of"operator"found in over only a portion of a larger
pollution prevention plan for the Part 1X.N.Either Parts 111.E.1 or III.E.2 or construction project(e.g.,one of four
facility.This permit does not relieve the both will apply depending on the type homebuilders in a subdivision) are
permittee of the reporting requirements of operational control exerted by an responsible for compliance with all
of 40 CFR 110,40 CFR 117 and 40 CFR individual permittee.Part I11.E.3 applies applicable terms and conditions of this
302.Where a release containing a to all permittees. permit as it relates to their activities on
hazardous substance or oil in an amount 1.Permittees with operational control their portion of the construction site,
equal to or in excess of a reportable over construction plans and including protection of endangered
quantity established under either 40 specifications,including the ability to species and implementation of BMPs
CFR 110,40 CFR 117 or 40 CFR 302, make modifications to those plans and and other controls required by the
occurs during a 24 hour period: specifications(e.g.,developer or owner). SWPPP.Permittees shall ensure either
~ 1.The permittee is required to notify must: directly or through coordination with
the National Response Center(NRC) a.Ensure the project specifications other permittees, that their activities do
(800-424-8802;in the Washington,DC, that they develop meet the minimum not render another party's pollution
metropolitan area call 202-426-2675) in requirements of Part IV (Storm Water controls ineffective.Permittees must
+� accordance with the requirements of 40 Pollution Prevention Plans(SWPPP)) either implement their portions of a
CFR 110,40 CFR 117 and 40 CFR 302 and all other applicable conditions; common SWPPP or develop and
as soon as he or she has knowledge of b.Ensure that the SWPPP indicates implement their own SWPPP.
the discharge; the areas of the project where they have
2.The storm water pollution operational control over project F.Consistency With the Texas Coastal
prevention plan required under Part IV specifications(including the ability to Management Program
of this permit must be modified within make modifications in specifications). This permit does not relieve
14 calendar days of knowledge of the and ensure all other permittees permittees whose construction project is
release to:provide a description of the implementing portions of the SWPPP located within the boundary of the
release,the circumstances leading to the impacted by any changes they make to Texas Coastal Management Program of
release,and the date of the release. In the plan are notified of such their responsibility to insure
addition,the plan must be reviewed to modifications in a timely manner; and consistency with all applicable
identify measures to prevent the c.Ensure that the SWPPP for portions requirements of this State program.
reoccurrence of such releases and to of the project where they are operators While pre-construction approval of
respond to such releases,and the plan indicates the name and NPDES permit development projects is not within the
must be modified where appropriate. number for parties with day-to-day jurisdiction of the Federal NPDES
operational control of those activities permit program,State or local pre-
C.Spills necessary to ensure compliance with the construction project approvals and/or
This permit does not authorize the SWPPP or other permit conditions.If permits may be required.The
discharge of hazardous substances or oil these parties have not been identified at permittee's Storm Water Pollution
resulting from an on-site spill. the time the SWPPP is initially Prevention Plan must be consistent with
D.Discharge Compliance With Water developed,the permittee with any storm water discharge-related
D.Discharge Standards operational control over project requirements established pursuant to,or
specifications shall be considered to be necessary to be consistent with,the
Operators seeking coverage under this the responsible party until such time as Texas Coastal Management Program.
permit shall not be causing or have the the authority is transferred to another This permit may be reopened,upon
reasonable potential to cause or party (e.g.,general contractor) and the petition by the State,to include more
contribute to a violation of a water plan updated. stringent discharge requirements
quality standard.Where a discharge is 2.Permittee(s)with day-to-day applying to areas within the State's
already authorized under this permit operational control of those activities at designated coastal zone.
and is later determined to cause or have a project which are necessary to ensure The Texas Coastal Management
the reasonable potential to cause or compliance with a SWPPP for the site Program boundary covers part or all of
contribute to the violation of an or other permit conditions(e.g.,general the following Texas Counties:Aransas,
applicable water quality standard,the contractor)must: Brazoria,Calhoun,Cameron,Chambers,
Director will notify the operator of such a.Ensure that the SWPPP for portions Galveston,Harris,Jackson,Jefferson,
violation(s).The permittee shall take all of the project where they are operators Kenedy,Kleberg.Matagorda,Nueces,
necessary actions to ensure future meets the minimum requirements of Orange,Refugio,San Patricio,Victoria,
discharges do not cause or contribute to Part 1V(Storm Water Pollution and Willacy.To determine if a
the violation of a water quality standard Prevention Plan)and identifies the construction project is located within
and document these actions in the storm parties responsible for implementation the Texas Coastal Zone,and if so,the
water pollution prevention plan.If of control measures identified in the applicable requirements of the Texas
violations remain or re-occur,then plan; Coastal Management Program,please
36502 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
contact the Texas General Land Office's Permittees must implement the inspection.Also, in the interest of
Coastal Hotline at 1-800-85-BEACH or applicable provisions of the SWPPP public involvement, EPA encourages
access their Internet site at"http:// required under this part as a condition permittees to make their SWPPPs
red.glo.state.tx.us/res-mgmt/coastal/". of this permit. available to the public for viewing
Information is also available from the during normal business hours.
A.Deadlines for Plan Preparation and
Texas Coastal Coordination Council's Compliance 4.The Director may notify the
Coastal Permitting Assistance Office at permittee at any time that the SWPPP
1-888-3-PERMIT or via the Internet at The storm water pollution prevention does not meet one or more of the
"http://red.glo.state.tx.us/ plan shall: minimum requirements of this Part.
coastalpermits/". 1.Be completed prior to the submittal Such notification shall identify those
of an NOI to be covered under this provision of this permit which are not
Part IV.Storm Water Pollution permit(except as provided in Parts
Prevention Plans p ( p p being met by the SWPPP as well as
I1.A.5 and II.A.6) updated as those requiring modification in order to
At least one storm water pollution appropriate; and meet the minimum requirements of this
�•• prevention plan(SWPPP) shall be 2.Provide for compliance with the Part.Within seven(7)calendar days of
developed for each construction project terms and schedule of the SWPPP receipt of such notification from the
or site covered by this permit.For more beginning with the initiation of Director(or as otherwise provided by
effective coordination of BMPs and construction activities. the Director),the permittee shall make
opportunities for cost sharing,a B.Signature,Plan Reviers•and Making the required changes to the SWPPP and
cooperative effort by the different Plans Available shall submit to the Director a written
operators at a site to prepare and certification that the requested changes
participate in a comprehensive SWPPP 1.The SWPPP shall be signed in have been made.The Director may take
is encouraged.Individual operators at a accordance with Part VI.G, and be appropriate enforcement action for the
site may,but are not required,to retained on-site at the facility which period of time the permittee was
develop separate SWPPPs that cover generates the storm water discharge in operating under a plan that did not meet
only their portion of the project accordance with Part V(Retention of the minimum requirements of this
provided reference is made to other Records) of this permit. permit.
�. operators at the site.In instances where 2.The permittee shall post a notice
there is more than one SWPPP for a site, near the main entrance of the C.Keeping Plans Current
coordination must be conducted construction site with the following The permittee must amend the storm
between the permittees to ensure the information: water pollution prevention plan
storm water discharge controls and a.The NPDES permit number for the whenever:
other measures are consistent with one project or a copy of the NOI if a permit 1.There is a change in design,
another(e.g.,provisions to protect listed number has not yet been assigned: construction,operation,or maintenance
species and critical habitat). b.The name and telephone number of which has a significant effect on the
Storm water pollution prevention a local contact person; discharge of pollutants to the waters of
plans shall be prepared in accordance c.A brief description of the project; the United States which has not been
with good engineering practices.The and addressed in the SWPPP;or
SWPPP shall identify potential sources d.The location of the SWPPP if the 2.Inspections or investigations by site
of pollution which may reasonably be site is inactive or does not have an on- operators, local.State,Tribal or Federal
expected to affect the quality of storm site location to store the plan. officials indicate the SWPPP is proving
water discharges from the construction If posting this information near a ineffective in eliminating or
site.The SWPPP shall describe and main entrance is infeasible due to safety significantly minimizing pollutants
ensure the implementation of practices concerns,the notice shall be posted in from sources identified under Part
which will be used to reduce the a local public building. If the IV.D.I of this permit, or is otherwise not
pollutants in storm water discharges construction project is a linear achieving the general objectives of
associated with construction activity at construction project(e.g.,pipeline, controlling pollutants in storm water
the construction site and assure highway,etc.),the notice must be discharges associated with construction
compliance with the terms and placed in a publicly accessible location activity.
conditions of this permit. near where construction is actively
When developing SWPPPs,applicants underway and moved as necessary.This D. Contents of Plan
must follow the procedures in permit does not provide the public with The storm water pollution prevention
Addendum A of this permit to any right to trespass on a construction plan (SWPPP)shall include the
determine whether listed endangered or site for any reason,including inspection following items:
threatened species or critical habitat of a site;nor does this permit require 1.Site Description
would be affected by the applicant's that permittees allow members of the p
storm water discharges or storm water public access to a construction site. Each SWPPP shall provide a
discharge-related activities.Any 3.The permittee shall make SWPPPs description of potential pollutant
information on whether listed species or available upon request to the Director,a sources and other information as
critical habitat are found in proximity to State,Tribal or local agency approving indicated below:
the construction site must be included sediment and erosion plans,grading a.A description of the nature of the
in the SWPPP.Any terms or conditions plans,or storm water management construction activity;
that are imposed under the eligibility plans;local government officials:or the b.A description of the intended
requirements of Part I.B.3.e and operator of a municipal separate storm sequence of major activities which
Addendum A of this permit to protect sewer receiving discharges from the site. disturb soils for major portions of the
listed species or critical habitat from The copy of the SWPPP that is required site (e.g.,grubbing,excavation,grading,
storm water discharges or storm water to be kept on-site or locally available utilities and infrastructure installation);
discharge-related activity must be must be made available to the Director c. Estimates of the total area of the site
incorporated into the SWPPP. for review at the time of an on-site and the total area of the site that is
Federal Register/Vol. 63, No, 128/Monday, July 6, 1998/Notices 36503
expected to be disturbed by excavation, clearly describe for each major activity schedule of when the practices will be
grading,or other activities including off- identified in Part IV.D.Lb: (a) implemented. Site plans should ensure
site borrow and fill areas: appropriate control measures and the that existing vegetation is preserved
d.An estimate of the runoff general timing(or sequence) during the where attainable and that disturbed
coefficient of the site for both the pre- construction process that the measures portions of the site are stabilized.
�. construction and post-construction will be implemented;and (b)which Stabilization practices may include but
conditions and data describing the soil permittee is responsible for are not limited to:establishment of
or the quality of any discharge from the implementation(e.g.,perimeter controls temporary vegetation,establishment of
site; for one portion of the site will be permanent vegetation,mulching,
e.A general location map (e.g.,a installed by Contractor A after the geotextiles,sod stabilization,vegetative
portion of a city or county map)and a clearing and grubbing necessary for buffer strips,protection of trees,
site map indicating the following: installation of the measure,but before preservation of mature vegetation, and
drainage patterns and approximate the clearing and grubbing for the other appropriate measures.Use of
slopes anticipated after major grading remaining portions of the site;and impervious surfaces for stabilization
activities;areas of soil disturbance; perimeter controls will be actively should be avoided.
areas which will not be disturbed; maintained by Contractor B until final The following records shall be
locations of major structural and stabilization of those portions of the site maintained and attached to the SWPPP:
nonstructural controls identified in the up-gradient of the perimeter control; the dates when major grading activities
SWPPP;locations where stabilization and temporary perimeter controls will occur:the dates when construction
practices are expected to occur, be removed by the owner after final activities temporarily or permanently
locations of off-site material,waste, stabilization).The description and cease on a portion of the site;and the
borrow or equipment storage areas; implementation of control measures dates when stabilization measures are
surface waters(including wetlands):and shall address the following minimum initiated.
locations where storm water discharges components: Except as provided in Parts
to a surface water; a.Erosion and Sediment Controls. 1V.13.2.a.(2)(a), (b),and(c)below,
f.Location and description of any 0)Short and Long Term Goals and stabilization measures shall be initiated
discharge associated with industrial Criteria: as soon as practicable in portions of the
activity other than construction, (a)The construction-phase erosion site where construction activities have
including storm water discharges from and sediment controls should be temporarily or permanently ceased,but
dedicated asphalt plants and dedicated designed to retain sediment on site to in no case more than 14 days after the
concrete plants,which is covered by the extent practicable. construction activity in that portion of
this permit; (b) All control measures must be the site has temporarily or permanently
g.The name of the receiving water(s) properly selected, installed,and ceased.
and the areal extent and description of maintained in accordance with the (a)Where the initiation of
wetland or other special aquatic sites(as manufacturers specifications and good stabilization measures by the 14th day
described under 40 CFR 230.3(q-1)) at engineering practices. If periodic after construction activity temporary or
or near the site which will be disturbed inspections or other information permanently cease is precluded by snow
or which will rereive discharges from indicates a control has been used cover or frozen ground conditions,
disturbed areas of the project; inappropriately,or incorrectly,the stabilization measures shall be initiated
h.A copy of the permit requirements permittee must replace or modify the as soon as practicable.
(attaching a copy of this permit is control for site situations. (b)Where construction activity on a
acceptable); (c) If sediment escapes the portion of the site is temporarily ceased,
i.Information on whether listed construction site,off-site accumulations and earth disturbing activities will be
endangered or threatened species,or of sediment must be removed at a resumed within 21 days,temporary
critical habitat,are found in proximity frequency sufficient to minimize offsite stabilization measures do not have to be
to the construction activity and whether impacts(e.g.,fugitive sediment in street initiated on that portion of site.
such species may be affected by the could be washed into storm sewers by (c)In and areas(areas with an average
applicant's storm water discharges or the next rain and/or pose a safety hazard annual rainfall of 0 to 10 inches),semi-
storm water discharge-related activities; to users of public streets). and areas (areas with an average annual
and (d) Sediment must be removed from rainfall of 10 to 20 inches),and areas
j.Information on whether storm water sediment traps or sedimentation ponds experiencing droughts where the
discharges or storm water discharge- when design capacity has been reduced initiation of stabilization measures by
related activities would have an affect by 50%. the 14th day after construction activity
on a property that is listed or eligible for (e) Litter,construction debris,and has temporarily or permanently ceased
listing on the National Register of construction chemicals exposed to is precluded by seasonal and
Historic Places;where effects may storm water shall be prevented from conditions,stabilization measures shall
occur,any written agreements with the becoming a pollutant source for storm be initiated as soon as practicable.
State Historic Preservation Officer, water discharges(e.g.,screening (3) Structural Practices:The SWPPP
Tribal Historic Preservation Officer,or outfalls,picked up daily). must include a description of structural
other Tribal leader to mitigate those (f) Offsite material storage areas (also practices to divert flows from exposed
effects. including overburden and stockpiles of soils,store flows or otherwise limit
" 2.Controls dirt, borrow areas,etc.)used solely by runoff and the discharge of pollutants
the permitted project are considered a from exposed areas of the site to the
Each SWPPP shall include a part of the project and shall be degree attainable. Structural practices
description of appropriate control addressed in the SWPPP. may include but are not limited to:silt
measures(i.e.,BMPs)that will be (2) Stabilization Practices:The fences,earth dikes,drainage swales,
implemented as par of the construction SWPPP must include a description of sediment traps,check dams,subsurface
activity to control pollutants in storm interim and permanent stabilization drains.pipe slope drains,level
water discharges.The SWPPP must practices for the site,including a spreaders,storm drain inlet protection,
i
36504 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
rock outlet protection,reinforced soil dictated by individual site conditions) local waste disposal,sanitary sewer or
retaining systems,gabions,and of the construction area unless a septic system regulations to the extent
temporary or permanent sediment sediment basin providing storage for a these are located within the permitted
basins.Placement of structural practices calculated volume of runoff from a 2 area.
in floodplains should be avoided to the year, 24 hour storm or 3,600 cubic feet (4) The SWPPP shall include a
degree attainable.The installation of of storage per acre drained is provided. description of construction and waste
these devices may be subject to section EPA encourages the use of a materials expected to be stored on-site
404 of the CWA. combination of sediment and erosion with updates as appropriate.The
(a) For common drainage locations control measures in order to achieve SWPPP shall also include a description
that serve an area with ten(10)or more maximum pollutant removal. of controls to reduce pollutants from
acres disturbed at one time,a temporary b. Storm Water Management.A these materials including storage
(or permanent)sediment basin that description of measures that will be practices to minimize exposure of the
provides storage for a calculated volume installed during the construction materials to storm water,and spill
of runoff from a 2 year,24 hour storm process to control pollutants in storm prevention and response.
r.. from each disturbed acre drained,or water discharges that will occur after (5)The SWPPP shall include a
equivalent control measures,shall be construction operations have been description of pollutant sources from
provided where attainable until final completed must be included in the areas other than construction(including
stabilization of the site.Where no such SWPPP.Structural measures should be storm water discharges from dedicated
calculation has been performed,a placed on upland soils to the degree asphalt plants and dedicated concrete
temporary (or permanent)sediment attainable.The installation of these plants),and a description of controls
basin providing 3.600 cubic feet of devices may also require a separate and measures that will be implemented
storage per acre drained,or equivalent permit under section 404 of the CWA, at those sites to minimize pollutant
control measures,shall be provided Permittees are only responsible for the discharges.
where attainable until final stabilization installation and maintenance of storm (6)The SWPPP shall include a
of the site.When computing the number water management measures prior to description of measures necessary to
of acres draining into a common final stabilization of the site,and are not protect listed endangered or threatened
location it is not necessary to include responsible for maintenance after storm species,or critical habitat, including
flows from offsite areas and flows from water discharges associated with any terms or conditions that are
onsite areas that are either undisturbed construction activity have been imposed under the eligibility
or have undergone final stabilization eliminated from the site. However,post- requirements of Part I.B.3.e(4) of this
where such flows are diverted around construction storm water BMPs that permit.Failure to describe and
both the disturbed area and the discharge pollutants from point sources implement such measures will result in
sediment basin. once construction is completed may,in storm water discharges from
In determining whether installing a themselves, need authorization under a construction activities that are ineligible
sediment basin is attainable,the separate NPDES permit. for coverage under this permit.
permittee may consider factors such as (1) Such practices may include but are d.Approved State, Tribal or Local
site soils,slope,available area on site, not limited to:storm water detention Plans.
etc.In any event,the permittee must structures (including wet ponds):storm (1) Permittees which discharge storm
consider public safety,especially as it water retention structures:flow water associated with construction
relates to children,as a design factor for attenuation by use of open vegetated activities must ensure their storm water
.. the sediment basin and alternative swales and natural depressions: pollution prevention plan is consistent
sediment controls shall be used where infiltration of runoff onsite:and with requirements specified in
site limitations would preclude a safe sequential systems(which combine applicable sediment and erosion site
design.For drainage locations which several practices).The SWPPP shall plans or site permits,or storm water
serve ten(10) or more disturbed acres at include an explanation of the technical management site plans or site permits
one time and where a temporary basis used to select the practices to approved by State,Tribal or local
sediment basin or equivalent controls is control pollution where flows exceed officials.
not attainable,smaller sediment basins predevelopment levels. (2) Storm water pollution prevention
and/or sediment traps should be used. (2)Velocity dissipation devices shall plans must be updated as necessary to
Where neither the sediment basin nor be placed at discharge locations and remain consistent with any changes
equivalent controls are attainable due to along the length of any outfall channel applicable to protecting surface water
site limitations,silt fences,vegetative to provide a non-erosive flow velocity resources in sediment and erosion site
buffer strips,or equivalent sediment from the structure to a water course so plans or site permits,or storm water
controls are required for all down slope that the natural physical and biological management site plans or site permits
boundaries of the construction area and characteristics and functions are approved by State,Tribal or local
for those side slope boundaries deemed maintained and protected (e.g.,no officials for which the permittee
appropriate as dictated by individual significant changes in the hydrological receives written notice.
site conditions.EPA encourages the use regime of the receiving water). 3.Maintenance
of a combination of sediment and c. Other Controls.
erosion control measures in order to (1) No solid materials, including All erosion and sediment control
achieve maximum pollutant removal. building materials,shall be discharged measures and other protective measures
(b)For drainage locations serving less to waters of the United States,except as identified in the SWPPP must be
than 10 acres,smaller sediment basins authorized by a permit issued under maintained in effective operating
and/or sediment traps should be used. section 404 of the CWA. condition.If site inspections required by
At a minimum,silt fences,vegetative (2)Off-site vehicle tracking of Part IV.D.4.identify BMPs that are not
buffer strips, or equivalent sediment sediments and the generation of dust operating effectively,maintenance shall
controls are required for all down slope shall be minimized. be performed before the next anticipated
boundaries(and for those side slope (3) The SWPPP shall be consistent storm event,or as necessary to maintain
boundaries deemed appropriate as with applicable State.Tribal and/or the continued effectiveness of storm
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36505
water controls.if maintenance prior to include additional or modified BMPs years from the date that the site is
the next anticipated storm event is designed to correct problems identified. finally stabilized.This period may be
impracticable,maintenance must be Revisions to the SWPPP shall be extended by request of the Director at
scheduled and accomplished as soon as completed within 7 calendar days any time.
practicable. following the inspection.If existing B.Accessibility
4.Inspections BMPs need to be modified or if
Qualified personnel (provided b the additional BMPs are necessary, The permittee shall retain a copy of
Q Pe (P Y implementation shall be completed the storm water pollution prevention
permittee or cooperatively by multiple before the next anticipated storm event. plan required by this permit(including
permittees)shall inspect disturbed areas If implementation before the next a copy of the permit language)at the
of the construction site that have not anticipated storm event is construction site (or other local location
been finally stabilized, areas used for impracticable,they shall be accessible to the Director,a State,Tribal
storage of materials that are exposed to implemented as soon as practicable. or local agency approving sediment and
precipitation,structural control c.A report summarizing the scope of erosion plans,grading plans,or storm
measures,and locations where vehicles the inspection,name(s) and water management plans;local
enter or exit the site,at least once every qualifications of personnel making the government officials;or the operator of
fourteen 04)calendar days and within inspection, the date(s) of the inspection, a municipal separate storm sewer
24 hours of the end of a storm event of and major observations relating to the receiving discharges from the site) from
0.5 inches or greater. implementation of the SWPPP shall be the date of project initiation to the date
Where sites have been finally or made and retained as art of the SWPPP
temporarily stabilized, runoff is unlikely p of final stabilization. l co it of with
due to winter conditions (e.g.,site is for at least three years from the date that day-to-day operational control over
covered with snow,ice,or frozen the site is finally stabilized.Major SWPPP implementation shall have a
observations should include:the copy of the SWPPP available at a central
ground exists),or during seasonal and location(s)of discharges of sediment or
periods in and areas(areas with an g location on-site for the use of all
average annual rainfall of 0 i h inches) other pollutants from the site; operators and those identified as having
g location(s)of BMPs that need to be responsibilities under the SWPPP
and semi-arid areas(areas with an maintained;location(s)of BMPs that
whenever they are on the construction
average annual rainfall of 10 to 20 failed to operate as designed or proved site.
inches)such inspections shall be
ducted at least once every month. inadequate for a particular location;and
conducted are eligible for a waiver of location(s)where additional BMPs are C.Addresses
monthly inspection requirements until needed that did not exist i the time of Except for the submittal of NOIs and
one month before thawing conditions inspection.Actions taken a accordance NOTs(see Parts II.0 and VIII.B,
are expected to result in a discharge if with Part IV.D.4.b of this permit shall be respectively),all written
all of the following requirements are made and retained as part of the storm corrsponence concerning discharges
met: (1)the project is located in an area Water pollution prevention plan for at in any State.Indian Country land or
where frozen conditions are anticipated least three years from the date that the from any Federal facility covered under
to continue for extended periods of time site is finally stabilized.Such reports this permit and directed to the EPA,
incidents of non-
an
hall identify y
(i.e.,more than one month); (2) land s including the submittal of individual
disturbance activities have been compliance.Where a report does not permit applications,shall be sent to the
suspended;and (3)the beginning and identify any incidents of non- address listed below: United States EPA,
ending dates of the waiver period are compliance,the report shall contain a Region 6,Storm Water Staff,
documented in the SWPPP. certification that the facility is in Enforcement and Compliance Assurance
a.Disturbed areas and areas used for compliance with the storm water Division(GEN-WC),EPA SW
storage of materials that are exposed to pollution prevention plan and this Construction GP,P.O.Box 50625,
precipitation shall be inspected for permit.The report shall be signed in Dallas,TX 75205.
evidence of,or the potential for, accordance with Part V1.G of this
pollutants entering the drainage system. permit. Part VI.Standard Permit Conditions
Sediment and erosion control measures 5.Non-Storm Water Discharges A.Duty To Comply
identified in the SWPPP shall be Except for flows from fire fighting 1.The Permittee Must Comply With All
observed to ensure that they are activities,sources of non-storm water Conditions of This Permit
operating correctly.Where discharge listed in Part II1.A.2 or 3 of this permit
locations or points are accessible,they that are combined with storm water Any permit noncompliance
shall be inspected to ascertain whether discharges associated with construction constitutes a violation of CWA and is
" erosion control measures are effective in activity must be identified in the grounds for enforcement action;for
preventing significant impacts to SWPPP. The SWPPP shall identify and permit termination, revocation and
receiving waters.Where discharge ensure the implementation of reissuance,or modification;or for
locations are inaccessible,nearby appropriate pollution prevention denial of a permit renewal application.
r downstream locations shall be inspected measures for the non-storm water
to the extent that such inspections are component(s) of the discharge. 2.Penalties for Violations of Permit
practicable.Locations where vehicles Conditions
enter or exit the site shall be inspected Part V.Retention of Records The Director will adjust the civil and
for evidence of offsite sediment
■ A.Documents administrative penalties listed below in
tracking.
b.Based on the results of the The permittee shall retain copies of accordance with the Civil Monetary
inspection,the SWPPP shall be storm water pollution prevention plans Penalty Inflation Adjustment Rule
modified as necessary(e.g.,show and all reports required by this permit, (Federal Register:December 31, 1996.
additional controls on map required by and records of all data used to complete Volume 61,Number 252,pages 69359—
Part IV.D.1.revise description of the Notice of Intent to be covered by this 69366, as corrected.March 20, 1997,
controls required by Part IV.D.2) to permit,for a period of at least three Volume 62,Number 54,pages 13514—
36506 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
13517)as mandated by the Debt exceed$27.500 per day for each relevant facts or submitted incorrect
Collection Improvement Act of 1996 for violation. information in the Notice of Intent or in
inflation on a periodic basis.This rule c.Administrative Penalties.The CWA any other report to the Director,he or
allows EPA's penalties to keep pace provides that any person who violates a she shall promptly submit such facts or
with inflation,The Agency is required permit condition implementing sections information.
to review its penalties at least once 301,302, 306,307,308,318,or 405 of G.Signatory Requirements
every four years thereafter and to adjust the Act is subject to an administrative
them as necessary for inflation penalty,as follows: All Notices of Intent,Notices of
according to a specified formula.The (1) Class 1 Penalty.Not to exceed Termination,storm water pollution
civil and administrative penalties listed $11,000 per violation nor shall the prevention plans,reports,certifications
below were adjusted for inflation maximum amount exceed$27,500. or information either submitted to the
starting in 1996. (2) Class 1I Penalty.Not to exceed Director or the operator of a large or
a. Criminal. $11,000 per day for each day during medium municipal separate storm
(1)Negligent Violations.The CWA which the violation continues,nor shall sewer system,or that this permit
provides that any person who the maximum amount exceed$137,500. requires be maintained by the permittee,
negligently violates permit conditions B. Continuation of the Expired General shall be signed as follows:
implementing sections 301, 302,306, Permit 1.All Notices of Intent and Notices of
307,308,318,or 405 of the Act is Termination shall be signed as follows:
subject to a fine of not less than$2,500 if this permit is not reissued or a. For a corporation:by a responsible
nor more than$25,000 per day of replaced prior to the expiration date, it corporate officer.For the purpose of this
violation,or by imprisonment for not will be administratively continued in section,a responsible corporate officer
more than 1 year,or both. accordance with the Administrative means:a president,secretary,treasurer,
(2)Knowing Violations.The CWA Procedures Act and remain in force and or vice-president of the corporation in
provides that any person who effect.Any permittee who was granted charge of a principal business function,
knowingly violates permit conditions permit coverage prior to the expiration or any other person who performs
implementing sections 301,302,306, date will automatically remain covered similar policy or decision-making
307, 308,318,or 405 of the Act is by the continued permit until the earlier functions for the corporation;or the
subject to a fine of not less than$5,000 of: manager of one or more manufacturing,
nor more than$50,000 per day of 1.Reissuance or replacement of this production or operating facilities
violation,or by imprisonment for not permit,at which time the permittee employing more than 250 persons or
more than 3 years,or both. must comply with the Notice of Intent having gross annual sales or
(3)Knowing Endangerment.The CWA conditions of the new permit to expenditures exceeding$25,000,000(in
provides that any person who maintain authorization to discharge;or second-quarter 1980 dollars) if authority
knowingly violates permit conditions 2.The permittee's submittal of a to sign documents has been assigned or
implementing sections 301, 302,306, Notice of Termination;or delegated to the manager in accordance
307,308,318,or 405 of the Act and who 3.Issuance of an individual permit for with corporate procedures;
knows at that time that he is placing the permittee's discharges;or b. For a partnership or sole
another person in imminent danger of 4.A formal permit decision by the proprietorship:by a general partner or
death or serious bodily injury is subject Director not to reissue this general the proprietor,respectively;or
to a fine of not more than$0,000,or permit,at which time the permittee c. a municipality,State,Federal,
by imprisonment for not more than 15 must seek coverage under an alternative or other public agency:by either a
years,or both.
general permit or an individual permit. principal executive officer or ranking
(4)False Statement.The CWA C. Need To Halt or Reduce Activity Not elected official.For purposes of this
provides that any person who a Defense section,a principal executive officer of
knowingly makes any false material It shall not be a defense for a a Federal agency includes (1) the chief
statement,representation,or permittee in an enforcement action that executive officer of the agency,or(2) a
certification in any application,record, it would have been necessary to halt or senior executive officer having
report,plan,or other document filed or reduce the permitted activity in order to responsibility for the overall operations
required to be maintained under the Act maintain compliance with the of a principal geographic unit of the� or who knowingly falsifies,tampers conditions of this permit. agency(e.g.,Regional Administrators of
with,or renders inaccurate,any EPA).
monitoring device or method required D.Duty To Mitigate 2.All reports required by this permit
to be maintained under the Act,shall The permittee shall take all and other information requested by the
upon conviction,be punished by a fine reasonable steps to minimize or prevent Director or authorized representative of
of not more than$10,000 or by any discharge in violation of this permit the Director shall be signed by a person
imprisonment for not more than two which has a reasonable likelihood of described above or by a duly authorized
years,or by both.if a conviction is for adversely affecting human health or the representative of that person.A person
a violation committed after a first environment. is a duly authorized representative only
conviction of such person under this
paragraph,punishment shall be by a Duty To Provide Information a.The authorization is made in
fine of not more than$20,000 per day The permittee shall furnish to the writing by a person described above and
of violation,or by imprisonment of not Director or an authorized representative submitted to the Director.
more than four years,or by both. (See of the Director any information which is b.The authorization specifies either
section 309.c.4 of the Clean Water Act). requested to determine compliance with an individual or a position having
b. Civil Penalties.The CWA provides this permit or other information. responsibility for the overall operation
that any person who violates a permit of the regulated facility or activity,such
condition implementing sections 301, F. Other Information as the position of manager,operator,
302,306,307,308,318,or 405 of the When the permittee becomes aware superintendent,or position of
Act is subject to a civil penalty not to that he or she failed to submit any equivalent responsibility or an
Federal Register/Vol. 63, No. 128 1Monday, July 6, 1998/Notices 36507
individual or position having overall I Property Rights appropriate Regional Office indicated in
responsibility for environmental matters The issuance of this permit does not Part V.0 of this permit.The request may
for the company. (A duly authorized convey any property rights of any sort, be granted by issuance of any individual
representative may thus be either a nor any exclusive privileges, nor does it permit or an alternative general permit
named individual or any individual authorize any injury to private property if the reasons cited by the permittee are
occupying a named position). adequate to support the request.
nor any invasion of personal rights,nor
c. Changes to Authorization.If an any infringement of Federal,State or 3. When an individual NPDES permit
authorization under Part 11.13 is no local laws or regulations. is issued to a permittee otherwise
longer accurate because a different subject to this permit,or the pennittee
operator has responsibility for the K Severability is authorized to discharge under an
overall operation of the construction The provisions of this permit are alternative NPDES general permit,the
site,a new Notice of Intent satisfying severable,and if any provision of this applicability of this permit to the
the requirements of Part 11.13 must be permit,or the application of any individual NPDES permittee is
submitted to the Director prior to or provision of this permit to any automatically terminated on the
together with any reports,information, circumstance,is held invalid,the effective date of the individual permit or
or applications to be signed by an application of such provision to other the date of authorization of coverage
authorized representative.The change circumstances,and the remainder of under the alternative general permit,
in authorization must be submitted this permit shall not be affected thereby. Whichever the case may be.When an
within the time frame specified in Part individual NPDES permit is denied to
II.A.3,and sent to the address specified L.Requiring an Individual Permit or an an owner or operator otherwise subject
in Part II.C. Alternative General Permit to this permit,or the owner or operator
d. Certification.Any person signing 1.The Director may require any is denied for coverage under an
documents under Part V1.G shall make person authorized by this permit to alternative NPDES general permit,the
the following certification: apply for and/or obtain either an applicability of this permit to the
"I certify under penalty of law that individual NPDES permit or an individual NPDES permittee is
this document and all attachments were alternative NPDES general permit.Any automatically terminated on the date of
prepared under my direction or interested person may petition the such denial,unless otherwise specified
supervision in accordance with a system Director to take action under this by the Director.
designed to assure that qualified paragraph.Where the Director requires M.State/Tribal Environmental Laws
personnel properly gathered and a permittee authorized to discharge 1.Nothing in this permit shall be
: evaluated the infonnation submitted. under this pen-nit to apply for an construed to preclude the institution of
Based on my inquiry of the person or individual NPDES permit,the Director any legal action or relieve the permittee
persons who manage the system,or shall notify the permittee in writing that from any responsibilities,liabilities,or
those persons directly responsible for a permit application is required.This penalties established pursuant to any
gathering the information,the notification shall include a brief applicable State/Tribal law or regulation
information submitted is,to the best of statement of the reasons for this under authority preserved by section
my knowledge and belief,true,accurate, decision, an application form,a 510 of the Act.
and complete.1 am aware that there are statement setting a deadline for the 2.No condition of this permit shall
significant penalties for submitting false permittee to file the application,and a release the permittee from any
information,including the possibility of statement that on the effective date of responsibility or requirements under
fine and imprisonment for knowing issuance or denial of the individual other environmental statutes or
violations." NPDES permit or the alternative general regulations.
H Penalties for Falsification of Reports Permit as it applies to the individual
permittee,coverage under this general N.Proper Operation and Maintenance
*� Section 309(c)(4) of the Clean Water permit shall automatically terminate. The permittee shall at all times
Act provides that any person who Applications shall be submitted to the properly operate and maintain all
knowingly makes any false material appropriate Regional Office indicated in facilities and systems of treatment and
statement,representation,or Part V.0 of this permit.The Director control (and related appurtenances)
certification in any record or other may grant additional time to submit the which are installed or used by the
document submitted or required to be application upon request of the permittee to achieve compliance with
maintained under this permit,including applicant. If a permittee fails to submit the conditions of this permit and with
reports of compliance or noncompliance in a timely manner an individual the requirements of storm water
shall,upon conviction,be punished by NPDES permit application as required pollution prevention plans.Proper
a fine of not more than$10,000,or by by the Director under this paragraph, operation and maintenance also
imprisonment for not more than two then the applicability of this permit to includes adequate laboratory controls
years,or by both. the individual NPDES permittee is and appropriate quality assurance
L Oil and Hazardous Substance Liability automatically terminated at the end of procedures.Proper operation and
the day specified by the Director for maintenance requires the operation of
Nothing in this permit shall be application submittal. backup or auxiliary facilities or similar
construed to preclude the institution of 2.Any permittee authorized by this systems,installed by a permittee only
any legal action or relieve the permittee permit may request to be excluded from when necessary to achieve compliance
from any responsibilities,liabilities,or the coverage of this permit by applying with the conditions of this permit.
penalties to which the permittee is or for an individual permit.In such cases,
may be subject under section 311 of the the permittee shall submit an individual O.Inspection and Entry
CWA or section 106 of the application in accordance with the The permittee shall allow the Director
•+ Comprehensive Environmental requirements of 40 CFR 122.26(c)(1)00, or an authorized representative of EPA.
Response,Compensation and Liability with reasons supporting the request,to the State/Tribe.or. in the case of a
Act of 1980(CERCLA). the Director at the address for the construction site which discharges
36508 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
through a municipal separate storm 2.An indication of whether the storm B.Addresses
ow sewer,an authorized representative of water discharges associated with 1.All Notices of Termination,signed
the municipal owner/operator or the construction activity have been in accordance with Part VI.G of this
separate storm sewer receiving the eliminated (i.e.,regulated discharges of permit,are to be submitted using the
discharge,upon the presentation of storm Hater are being terminated) or the form provided by the Director(or a
credentials and other documents as may permittee is no longer an operator at the photocopy thereof),to the address
be required by law,to: site; specified on the NOT form.
1.Enter upon the permittee's P
remises where a regulated facility or 3.The name,address and telephone
P g y number of the permittee submitting the Part IX.Definitions
�r activity is located or conducted or Notice of Termination; A.Best Management Practices
where records must be kept under the
conditions of this permit; 4.The name of the project and street ("BMPs") means schedules of activities,
2.Have access to and copy at address(or a description of location if prohibitions of practices,maintenance
reasonable times,any records that must no street address is available) of the procedures,and other management
be kept under the conditions of this construction site for which the practices to prevent or reduce the
permit:and notification is submitted; discharge of pollutants to waters of the
3.Inspect at reasonable times any 5.The latitude and longitude of the United States. BMPs also include
facilities or equipment (including construction site;and treatment requirements,operating
monitoring and control equipment). 6.The following certification,signed Procedures,and practices to control
in accordance with Part VI.G(signatory Plant site runoff,spillage or leaks,
P.Permit Actions ( r ry sludge or waste disposal,or drainage
requirements) of this permit.For
This permit may be modified,revoked from raw material storage.
and reissued,or terminated for cause. construction projects with more than B. Control Measure as used in this
+� The filing of a request by the permittee one permittee and/or operator,the permit,refers to any Best Management
for a permit modification,revocation permittee need only make this Practice or other method used to
and reissuance,or termination,or a certification for those portions of the prevent or reduce the discharge of
notification of planned changes or construction site where the permittee pollutants to waters of the United
was authorized under this permit and
anticipated noncompliance does not States.
stay any permit condition. not for areas where the permittee was C. Commencement of Construction
not an operator: the initial disturbance of soils
Part VII.Reopener Clause "I certify under penalty of law that all associated with clearing,grading,or
A.If there is evidence indicating that storm water discharges associated with excavating activities or other
the storm water discharges authorized industrial activity from the identified construction activities.
by this permit cause,have the facility that authorized by a general D. CWA means the Clean Water Act or
reasonable potential to cause or permit have been eliminated or that I the Federal Water Pollution Control Act,
contribute to,a violation of a water am no longer the operator of the facility 33 U.S.C.§1251 et seq.
00 quality standard,the permittee may be or construction site. 1 understand that E. Director means the Regional
required to obtain an individual permit by submitting this notice of termination, Administrator of the Environmental
or an alternative general permit in I am no longer authorized to discharge Protection Agency or an authorized
accordance with Part 1.0 of this permit, storm water associated with industrial representative.
or the permit may be modified to activity under this general permit,and F.Discharge when used without
include different limitations and/or that discharging pollutants in storm qualification means the"discharge of a
requirements. water associated with industrial activity pollutant."
B.Permit modification or revocation to waters of the United States is G.Discharge of Storm Water
will be conducted according to 40 CFR unlawful under the Clean Water Act Associated With Construction Activity
122.62, 122.63. 122.64 and 124.5. where the discharge is not authorized by as used in this permit,refers to a
C. EPA may propose a modification to a NPDES permit.I also understand that discharge of pollutants in storm water
this permit after further discussions the submittal of this Notice of runoff from areas where soil disturbing
between the Agency and the Advisory Termination does not release an activities(e.g.,clearing,grading,or
Council on Historic Preservation for the operator from liability for any violations excavation),construction materials or
protection of historic properties. of this permit or the Clean Water Act." equipment storage or maintenance (e.g.,
Part VIII.Termination of Coverage For the purposes of this certification, fill piles,borrow areas,concrete truck
elimination of storm water discharges washout,fueling),or other industrial
A.Notice of Termination associated with construction activity storm water directly related to the
Permittees must submit a completed means that all disturbed soils at the construction process (e.g.,concrete or
Notice of Termination(NOT) that is portion of the construction site where asphalt batch plants) are located.
signed in accordance with Part VI.G of the operator had control have been H.Facility or Activity means any
this permit when one or more of the finally stabilized (as defined in Part IX.I) NPDES"point source"or any other
conditions contained in Part I.D.2. and temporary erosion and sediment facility or activity (including land or
(Terminating Coverage) have been met control measures have been removed or appurtenances thereto) that is subject to
at a construction project.The NOT form will be removed at an appropriate time regulation under the NPDES program.
found in Addendum D will be used to ensure final stabilization is 1. Final Stabilization means that
unless it has been replaced by a revised maintained,or that all storm water either:
version by the Director.The Notice of discharges associated with construction 1.All soil disturbing activities at the
Termination shall include the following activities from the identified site that site have been completed and a uniform
information: are authorized by a NPDES general (e.g.,evenly distributed,without large
1.The NPDES permit number for the permit have otherwise been eliminated bare areas) perennial vegetative cover
storm water discharge identified by the from the portion of the construction site with a density of 70%of the native
Notice of Termination; where the operator had control. background vegetative cover for the area
Federal Register/Vol, 63, No. 128/Monday, July 6, 1998/Notices 36509
has been established on all unpaved towns within such counties(these R. Runoff coefficient means the
*� areas and areas not covered by counties are listed in Appendices H and fraction of total rainfall that will appear
permanent structures,or equivalent 1 of 40 CFR 122);or at the conveyance as runoff.
permanent stabilization measures(such 3.Owned or operated by a S. Storm Water means storm water
as the use of riprap,gabions,or municipality other than those described runoff,snow melt runoff.and surface
,., geotextiles) have been employed.In in paragraph (i) or(ii) and that are runoff and drainage.
some parts of the country,background designated by the Director as part of the T. Storm Water Associated With
native vegetation will cover less than large or medium municipal separate Industrial Activity is defined at 40 CFR
100%of the ground(e.g.,and areas, storm sewer system. 122.26(b)(14) and incorporated here by
beaches).Establishing at least 70%of L. NOI means Notice of Intent to be reference.Most relevant to this permit is
the natural cover of native vegetation covered by this permit(see Pan II of this 40 CFR 122.26(b)(14)(x),which relates
meets the vegetative cover criteria for permit). to construction activity including
final stabilization (e.g.,if the native clearing,grading and excavation
vegetation covers 50%of the ground, M.NOT means Notice of Termination activities that result in the disturbance
70%of 50%would require 35%total (see Pan VIII of this permit). of five (5)or more acres of total land
cover for final stabilization;on a beach N. Operator for the purpose of this area,or are pan of a larger common plan
with no natural vegetation,no permit and in the context of storm water
g of development or sale.
stabilization is required);or associated with construction activity, U. Waters of the United States means:
2.For individual lots in residential means any party associated with a 1.All waters which are currently
construction by either: (a) the construction project that meets either of used,were used in the past,or may be
homebuilder completing final the following two criteria: susceptible to use in interstate or foreign
stabilization as specified above,or(b) 1.The party has operational control commerce,including all waters which
the homebuilder establishing temporary over construction plans and are subject to the ebb and flow of the
stabilization including perimeter specifications, including the ability to tide;
controls for an individual lot prior to make modifications to those plans and 2.All interstate waters,including
occupation of the home by the specifications:or interstate"wetlands";
homeowner and informing the 2.The party has day-to-day 3.All other waters such as interstate
homeowner of the need for,and benefits operational control of those activities at lakes, rivers,streams (including
of,final stabilization. (Homeowners a project which are necessary to ensure intermittent streams),mudflats,
typically have an incentive to put in compliance with a storm water sandflats,wetlands,sloughs,prairie
landscaping functionally equivalent to pollution prevention plan for the site or potholes,wet meadows,playa lakes,or
final stabilization as quick as possible to other permit conditions(e.g.,they are natural ponds,the use,degradation,or
keep mud out of their homes and off authorized to direct workers at a site to destruction of which would affect or
their sidewalks and driveways.);or carry out activities required by the could affect interstate or foreign
3.For construction projects on land SWPPP or comply with other permit commerce including any such waters:
used for agricultural purposes(e.g., conditions). a.Which are or could be used by
pipelines across crop or range land), This definition is provided to inform interstate or foreign travelers for
final stabilization may be accomplished permittees of EPA's interpretation of recreational or other purposes;
by returning the disturbed land to its how the regulatory definitions of b. From which fish or shellfish are or
preconstruction agricultural use.Areas "owner or operator"and "facility or could be taken and sold in interstate or
disturbed that were not previously used activity"are applied to discharges of foreign commerce;or
for agricultural activities,such as buffer storm water associated with c.Which are used or could be used for
strips immediately adjacent to"waters construction activity. industrial purposes by industries in
of the United States,"and areas which O. Owner or operator means the interstate commerce;
are not being returned to their 4. All impoundments of waters
owner or operator of any"facility or
preconstruction agricultural use must otherwise defined as waters of the
meet the final stabilization criteria in(1) activity"subject to regulation under the United States under this definition;
or(2)above.
NPDES program. 5.Tributaries of waters identified in
S
i
Pont Source means an
J.Flaw-Weighted Composite Sample P. Y paragraphs (a) through(d)of this
means a composite sample consisting of discernible,confined,and discrete definition;
a mixture of aliquots collected at a conveyance,including but not limited 6.The territorial sea;and
constant time interval,where the to,any pipe,ditch,channel,tunnel, 7.Wetlands adjacent to waters(other
volume of each aliquot is proportional conduit,well,discrete fissure, than waters that are themselves
to the flow rate of the discharge. container,rolling stock,concentrated wetlands) identified in paragraphs 1.
K.Large and Medium Municipal animal feeding operation,landfill through 6.of this definition.
Separate Storm Sewer System means all leachate collection system,vessel or Waste treatment systems,including
municipal separate storm sewers that other floating craft from which treatment ponds or lagoons designed to
are either: pollutants are or may be discharged. meet the requirements of the CWA
1.Located in an incorporated place This term does not include return flows (other than cooling ponds for steam
(city)with a population of 100,000 or from irrigated agriculture or agricultural electric generation stations per 40 CFR
more as determined by the latest storm water runoff. 423 which also meet the criteria of this
Decennial Census by the Bureau of Q.Pollutant is defined at 40 CFR definition)are not waters of the United
Census(these cities are listed in 122.2.A partial listing from this States.Waters of the United States do
Appendices F and G of 40 CFR 122);or definition includes:dredged spoil,solid not include prior converted cropland.
2.Located in the counties with waste,sewage,garbage,sewage sludge, Notwithstanding the determination of
unincorporated urbanized populations chemical wastes,biological materials, an area's status as prior converted
of 100,000 or more,except municipal heat,wrecked or discarded equipment, cropland by any other federal agency,
separate storm sewers that are located in rock,sand,cellar dirt,and industrial or for the purposes of the Clean Water Act,
the incorporated places,townships or municipal waste. the final authority regarding Clean
36510 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
Water Act jurisdiction remains with SWPPPs are to be sent to the address (3) Part IV.A.3 is added to the permit
EPA. given in Part II.C.2. as follows:
Part X.Permit Conditions Applicable to b. Pueblo of Nambe.Copies of Notices Special Storm Water Pollution
Specific States and Indian Country of Intent(NOI),Notices of Termination Prevention Plan Requirements for the
Lands (NOT),and Storm Water Pollution Pueblo of Picuris.Storm water pollution
Wo Prevention Plans (SWPPPs) must be prevention plans must be submitted to
The provisions of this Part provide submitted to the Pueblo of Nambe the Picuris Environment Department
additions to the applicable conditions of Department of Environment and Natural before the project on Pueblo of Picuris
Parts I through 1X of this permit to Resources. tribal lands begins.SWPPPs are to be
r reflect specific additional conditions (1) Part II.C.2 is added to the permit sent to the address given in Part II.C.2.
required as part of the State or Tribal as follows: d. Pueblo of Pojoaque.Copies of
CWA Section 401 certification process. Special NOI Requirements for the Notices of Intent (NO]),Notices of
The additional revisions and Pueblo of Nambe.NOIs shall also be Termination (NOT),and Storm Water
requirements listed below are set forth submitted to the Pueblo of Nambe Pollution Prevention Plans(SWPPPs)
in connection with,and only apply to, Department of Environment and Natural must be submitted to the Pueblo of
the following States and Indian Country Resources at the same time they are Pojoaque Environment Department
lands. submitted to EPA at the following Director.
1.LAR10*##1:Indian Country Lands in address: Pueblo of Nambe,Department (1) Part II.C.2 is added to the permit
the State of Louisiana of Environment and Natural Resources, as follows:
No additional requirements. Route 1 Box 11788,Santa Fe,New Special NOI Requirements for the
Mexico 87501,Phone (505) 455-2036, Pueblo of Pojoaque.NOIs shall also be
2.NMRIO*###:The State of New Fax(505) 455--2038. submitted to the Pueblo of Pojoaque
Mexico,Except Indian Country Lands (2) Part VIII.B.2 is added to the permit Environment Department Director at the
No additional requirements. as follows: same time they are submitted to EPA at
Special NOT Requirements for the the following address:Pueblo of
3.NMRIO*##L•Indian Country Lands in Pueblo of Nambe.NOTs shall also be Pojoaque,Environment Department,
the State of New Mexico,Except Navajo submitted to the Pueblo of Nambe Route 11,P.O. Box 208,Santa Fe,New
Reservation Lands(see Region 9)and Department of Environment and Natural Mexico 87501,Phone (505) 455-3383.
Ute Mountain Reservation Lands(see Resources at the same time they are Fax (505) 455-3633.
Region 8) submitted to EPA.NOTs are to be sent (2) Part VIII.B.2 of the permit is added
a.Pueblo of Isleta.Copies of Notices to the address given in Part II.C.2. as follows:
of Intent(NOI),Notices of Termination (3)Part IV.A.3 is added to the permit Special NOT Requirements for the
(NOT),and Storm Water Pollution as follows: Pueblo of Pojoaque.NOTs shall also be
Prevention Plans (SWPPPs) must be Special Storm Water Pollution submitted to the Pueblo of Pojoaque
submitted to the Pueblo of Isleta's Prevention Plan Requirements for the Environment Department Director at the
Environment Department,Water Quality Pueblo of Nambe. Storm water pollution same time they are submitted to EPA.
Program. prevention plans must be submitted to NOTs are to be sent to the address given
(1)Part II.C.2 of the permit is added the Pueblo of Nambe Department of in Part II.C.2.
as follows: Environment and Natural Resources (3)Part IV.A.3 is added to the permit
Special NOI Requirements for the before the project on Pueblo of Nambe as follows:
Pueblo of Isleta.NOIs shall also be tribal lands begins. SWPPPs are to be Special Storm Water Pollution
submitted to the Pueblo of Isleta's sent to the address given in Part II.C.2. Prevention Plan Requirements for the
Environment Department,Water Quality c.Pueblo of Picuris.Copies of Notices Pueblo of Pojoaque.Storm water
Program,concurrently with their of Intent(NOI),Notices of Termination pollution prevention plans must be
submission to EPA at the following (NOT),and Storm Water Pollution submitted to the Pueblo of Pojoaque
address:Isleta Environment Prevention Plans(SWPPPs)must be Environment Department Director
Department,Water Quality Program, submitted to the Pueblo of Picuris before the project on Pueblo of Pojoaque
Pueblo of Isleta,PO Box 1270,Isleta, Environment Department. tribal lands begins.SWPPPs are to be
New Mexico 87022. (1)Part II.C.2 is added to the permit sent to the address given in Part II.C.2.
(2)Part VIII.B.2 is added to the permit as follows: e. Pueblo of San Juan.No additional
as follows: Special NOI Requirements for the requirements.
Special NOI Requirements for the Pueblo of Picuris.NOIs shall also be f.Pueblo of Sandia.Copies of Notices
Pueblo of Isleta.NOTs shall also be submitted to the Pueblo of Picuris of Intent(NOI),Notices of Termination
submitted to the Pueblo of Isleta's Environment Department at the same (NOT),and Storm Water Pollution
Environment Department,Water Quality time they are submitted to EPA at the Prevention Plans (SWPPPs) must be
Program,concurrently with their following address:Pueblo of Picuris, submitted to the Pueblo of Sandia
submission to EPA.NOTs are to be sent Environment Department,P.O.Box 127, Environment Department.
to the address given in Part II.C.2. Penasco,New Mexico 87553.Phone (1)Part II.C.2 of the permit is added
(3)Part IV.A.3 is added to the permit (505) 587-2519,Fax (505) 587-1071. as follows:
as follows: (2) Part VIII.B.2 is added to the permit Special NOI Requirements for the
Special Storm Water Pollution as follows: Pueblo of Sandia. NOIs shall also be
Prevention Plan Requirements for the Special NOT Requirements for the submitted to the Pueblo of Sandia
Pueblo of Isleta.Storm water pollution Pueblo of Picuris.NOTs shall also be Environment Department at the same
prevention plans must be submitted to submitted to the Pueblo of Picuris time they are submitted to EPA at the
the Pueblo of Isleta Environment Environment Department at the same following address:Pueblo of Sandia,
r" Department,Water Quality Program,ten time they are submitted to EPA.NOTs Environment Department,Box 6008,
working days prior to commencing the are to be sent to the address given in Bernalillo,New Mexico 87004,Phone
project on Pueblo of Isleta tribal lands. Part II.C.2. (505) 867-4533: Fax (505)867-9235.
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36511
(2)Part VIII.B.2 is added to the permit under Section IV.D.4.c.shall be Special Numeric Limitations for
as follows: submitted within five(5) days of Discharges from Ready-Mixed Concrete
Special NOT Requirements for the completion of the inspection.All . Plants in the State of Texas,except
Pueblo of Sandia.NOTs shall also be information sent to the Pueblo of Indian Country lands.All discharges of
submitted to the Pueblo of Sandia Tesuque is to be sent to the address storm water from ready-mixed concrete
Environment Department at the same given in Part II.C.2. plants covered by this permit must
time they are submitted to EPA.NOTs h. Santa Clara Pueblo. Copies of comply with the following limitations:
are to be sent to the address given in Notices of Intent(NOI) and Notices of pH—Between 6.0 and 9.0 standard units
Part II.C.2. Termination(NOT)must be submitted Oil and Grease-15 mg/1 as a daily
(3)Part IV.A.3 is added to the permit to the Santa Clara Pueblo Governors maximum
as follows: Office with a copy to the Office of Total Suspended Solids-65 mg/1 as a
Special Storm Water Pollution Environmental Affairs. daily maximum
Prevention Plan Requirements for the (1) Part 1.C.4. is added to the permit
Pueblo of Sandia.Storm water pollution as follows: These limitations must be taken into
account when designing the storm water
prevention plans must be submitted to Special Authorization Requirements
the Pueblo of Sandia Environment for the Santa Clara Pueblo.Prior to control measures to be used for areas
Department before commencement of submitting a Notice of Intent,the draining any ready mixed concrete
the project on Pueblo of Sandia tribal operator must obtain permission from Plants operated by the permittee.
lands.SWPPPs are to be sent to the the Santa Clara Governors Office to do 7. TXRIO*##I:Indian Country Lands in
address given in Part II.C.2. the construction.If the project is the State of Texas
g. Pueblo of Tesuque.Copies of approved by the tribal administration, No additional requirements.
Notices of Intent(NOI),Notices of the operator may proceed with
Termination(NOT),Storm Water submitting a Notice of Intent(NOI). Addendum A—Endangered Species
Pollution Prevention Plans(SWPPPs), (2) Part II.C.2 is added to the permit I.Instructions for Applicants
inspection reports,all certifications and as follows:
"other information"must be submitted, Special NOI Requirements for the A.Background
by hand delivery or certified mail,to the Santa Clara Pueblo.NOIs shall also be To meet its obligations under the Clean
F Pueblo of Tesuque. submitted to the Santa Clara Pueblo Water Act and the Endangered Species Act
(1)Part II.C.2 of the permit is added Governors Office with a copy to the (ESA)and to promote those Acts'goals,the
as follows: Office of Environmental Affairs at least Environmental Protection Agency(EPA)is
Special NOI Requirements for the two(2)weeks prior to the start of seeking to ensure the activities regulated by
Pueblo of Tesuque.NOIs shall also be construction at the following address: the Construction General Permit(CGP)are
t< q g protective of endangered and threatened "
submitted to the Pueblo of Tesuque at Santa Clara Governors Office,PO Box species and critical habitat.To ensure that
least five(5)days prior to any ground 580,Espanola,New Mexico 87532, those goals are met,applicants for CGP
disturbing activity at the following Phone(505) 753-7326; Fax(505) 753- coverage are required under Pan I.B.3.e.to
address:Pueblo of Tesuque, 8988. assess the impacts of their storm water
Environment Department,Route 5, Box (3)Part VII1.B.2 is added to the permit discharges and storm water discharge-reiated
3260-T,Santa Fe,New Mexico 87501, as follows: activities on Federally listed endangered and
Phone(505) 983-2667;Fax(505) 982- Special NOT Requirements for the threatened species("listed species")and
2331. Santa Clara Pueblo.NOTs shall also be designated critical habitat("critical habitat")
(2)Part VIII.B.2 is added to the permit submitted to the Santa Clara Pueblo by following Steps One through Six listed
as follows: Governors Office with a co to the below.EPA strongly recommends that
Special NOT Requirements for the copy applicants follow these steps at the earliest
pe q Office of Environmental Affairs at least possible stage to ensure that measures to
Pueblo of Tesuque. NOTs shall also be two(2)weeks prior to the start of protect listed species and critical habitat are
submitted to the Pueblo of Tesuque at construction. NOTs are to be sent to the incorporated early in the planning process.
the same time they are submitted to address given in Part II.C.2. At minimum,the procedures should be
EPA.NOTs are to be sent to the address i.All Other Indian Country lands in followed when developing the storm water
given in Part 11.C.2. New Mexico.No additional pollution prevention plan.
(3) Part IV.A.3 is added to the permit requirements. Permittees and applicants also have an
as follows: independent ESA obligation to ensure that
Special Storm Water Pollution 4. OKRIO*##I:Indian Country Lands in their activities do not result in any prohibited
Prevention Plan Requirements for the the State of Oklahoma "takes"of listed species.' Many of the
Pueblo of Tesu ue. Storm water measures required a the CGP and is these
q No additional requirements. instructions to protect species may also assist
pollution prevention plans must be * ermittees in ensuring hat their construction
submitted to the Pueblo of Tesuque at S to o fO ##F.'Oil and Gas Sites in the activities do not result in a prohibited take
least five(5)days prior to any ground State o!Oklahoma of species in violation of g 9 of the ESA.
disturbing activity on Pueblo of Tesuque No additional requirements. Applicants who plan construction activities
tribal lands.SWPPPs are to be sent to * in areas that harbor endangered and
the address given in Part II.C.2. 6. TXRIO ###:The State of Texas, threatened species are advised to ensure that
Except Indian Country Lands
(4)Part V.D is added to the permit as
a.Part 111 of the permit is modified as I Section 9 of the ESA prohibits any person from
follows:
Special Reporting Requirements for follows:Change the title of Part 111. .,taking"a listed taking s authorized harassing o harming
h it)unless:(I)the taking is authorized through a
the Pueblo of Tesuque.Copies of all (Special Conditions,Management "incidental take statement"as part of undergoing
certifications required by Section IV.D, Practices,and other Non-Numeric ESA§7 formal consultation:(2)where an
and copies of"other information" Limitations)to: Part III.Special incidental take permit is obtained under ESA 3 10
required b Section V1.F shall be Conditions,Management Practices,and (`Which requires the development of a habitat
Q y on conservation plan):or(3)where otherwise
provided to the Pueblo of Tesuque, by Other Limitations. authorized or exempted under the ESA.This
hand delivery or certified mail.Also, b.Part 111.G is added to the permit as prohibition applies to all entities including private
copies of all inspection reports required follows: individuals,businesses,and governments.
36512 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
they are protected from potential takings Note.—The revised NOl form which was These sources include:Sections 11 and 111 of
liability under ESA§9 by obtaining either an included in the CGP(see 62 FR 29822-29823, this Addendum:EPA's Office of Wastewater
ESA§10 permit or by requesting formal June 2, 1997)requires that applicants provide Management's web page at"http://
consultation under ESA§7(as described in detailed certification information on listed www.epa.gov/owm"where updates of the
more detail in Step Seven below).Applicants species.That form is still under development county-by-county list will be posted on a
who seek protection from takings liability and is not expected to be finalized before this periodic basis:Federal Register Notices:
should be aware that it is possible that some permit is issued.Until the revised NOI form State wildlife protection offices:a biologist or
specific construction activities may be too is finalized,applicants must use the existing similar professional in the environmental
unrelated to storm water discharges to be NOI form which does not contain the specific field:or any other method which can be
afforded incidental take coverage through an certification provisions relating to listed reasonably expected to provide this
ESA§7 consultation that is performed to species and critical habitats at construction information.Applicants with construction
meet the eligibility requirements for CGP projects.However,use of the existing NOI projects located in EPA Region 2 and Region
coverage.In such instances,applicants form does not relieve applicants of their 6 can call the Storm Water General Permits
should apply for an ESA§10 permit.Where obligation to follow the procedures listed Hotline at(800)245-6510 for further
applicants are not sure whether to pursue a below to determine if their construction assistance,while applicants with projects
§10 permit or a§7 consultation for takings storm water discharges or storm water located in EPA Regions 1,3,7,8,9 and 10
protection,they should confer with the discharge-related activities meet permit may contact the appropriate EPA Regional
appropriate Fish and Wildlife Service(FWS) eligibility requirements for the protection of Office.
or National Marine Fisheries Service(NMFS) listed species and critical habitat.By Where a facility is located in more than
office. following these instructions,applicants will one county,the lists for all counties should
This permit provides for the possibility of have sufficient information on listed species be reviewed.Where a facility discharges into
multiple permittees at a construction site. a water body which serves as a border
Applicants should be aware that in man and critical habitat in order to complete between counties or which crosses a county
PP y either the existing or revised NOI form and
cases they can meet the permit eligibility sign the certification statement. line which is in the immediate vicinity of the
requirements by relying on another operator's g point of discharge.applicants should also
certification of eligibility under Part Step One:Determine if the Construction Site review the species list for the county which
I.B.3.e.(2)(a),(b),or(c).This is allowed under Is Found Within Designated Critical Habitat lies immediately downstream or is across the
Part I.13.3.e.(2)(d)of the permit.However,the for Listed Species water body from the point of discharge.
other operator's certification must apply to Some,but not all,listed species have After a review of the available information
the applicant's project area and must address designated critical habitat.Exact locations of from the sources mentioned above,if no
no the effects from the applicant's storm water g listed species are located in a facility's
discharges and storm water discharge-related such habitat is provided in the Service county or if a facility's county is not listed,
activities on listed species and critical regulations at 50 CFR Parts 17 and 226.To and the construction site is not located in
habitat.By certifying eligibility under Part determine if their construction site occurs critical habitat as described under Step One,
within designated critical habitat,applicants an applicant is eligible for CGP coverage
1.B.3.e.(2)(d),tha applicant agrees to comply PP B
should either: without further inquiry into the presence of,
PM with any measures or controls upon which q ry P
the other operator's certification under Part . Contact the nearest Fish and Wildlife or effect to,listed species.The applicant
I.B.3.e.(2)(a),(b)or(c)was based.This Service(FWS)and National Marine Fisheries must check the appropriate certification item
situation will typically occur where a Service(NMFS)Office.A list of FWS and on the revised NOI form (Part I.B.3.e.(2)(a)).
developer or primary contractor,such as one NMFS offices is found in Section II of this Once the applicant has determined which
for construction of a subdivision or industrial Addendum;or listed species are located in his or her
park,conducts a comprehensive assessment - Contact the State or Tribal Natural facility's county.the applicant must follow
of effects on listed species and critical habitat Heritage Centers.These centers compile and Step Three.
for the entire construction project,certifies disseminate information on Federally listed
eligibility under Part I.B.3.e.(2)(a), (b)or(c), and other protected species.They frequently End ngered and Threatened Species
"~ and that certification is relied upon b other have the most current information on listed g y
operators(i.e.,contractors)at the site• species and critical habitat.A list of these Present in the Project Area
However,applicants that consider relying on centers is provided in Section III of this The project area consists of:
another operator's certification should Addendum:or • The areas on the construction site where
carefully review that certification along with • Review those regulations(which can be storm water discharges originate and flow
any supporting information.if an applicant found in many larger libraries). toward the point of discharge into the
does not believe that the operator's if the construction site is not located in receiving waters (including areas where
certification provides adequate coverage for designated critical habitat,then the applicant excavation.site development,or other
the applicant's storm water discharges and does not need to consider impacts to critical ground disturbance activities occur)and the
PM storm water discharge-related activities or for habitat when following Steps Two through immediate vicinity.
Six below.If the site is located within critical Exam le(s)
the applicant's particular project area,the habitat,then the applicant must look at P
applicant should provide its own 1.Where bald eagles nest in a tree that is
impacts to critical
independent certification under Part habitat when following on or bordering a construction site and could
I.B.3.e.(2)(a),(b),or(c). Steps Two through Six.Note that many but be disturbed by the construction activity.
not all measures imposed to protect listed 2.Where grading causes storm water to
B.Procedures species under these steps will also protect flow into a small wetland or other habitat
To receive coverage under the Construction critical habitat.Thus,meeting the eligibility that is on the site which contains listed
General Permit,applicants must assess the requirements of this permit may require species.
potential effects of their storm water measures to protect critical habitat that are . The areas where storm water discharges
discharges and storm water discharge-related separate from those to protect listed species. flow from the construction site to the point
activities on listed species and their critical Ste Two:Determine if Listed Species Are of discharge into receiving waters.
habitat.To make this assessment,applicants Located in the Counry(ies) Where the Example(s)
must follow the steps outlined below prior to Construction Activity ill Occur
y 1.Where storm water flows into a ditch,
completing and submitting Notice of Intent
(NOD form.Applicants who are able to Section IV of the Addendum contains a swale,or gully which leads to receiving
certify eligibility under Parts I.B.3.e.(2)(b).(c) county-by-county list of Iisted endangered waters and where listed species(such as
or(d)because of a previously issued ESA and threatened species("listed species"),and amphibians)are found in the ditch,swale,or
§10 permit,a previously completed ESA§7 proposed endangered and threatened species gully.
consultation,or because the applicant's ("proposed species").Since the list was o The areas where storm water from
activities were already addressed in another current as of September 1, 1997,applicants construction activities discharge into
operator's certification of eligibility may must also check with other sources for receiving waters and the areas in the
proceed directly to Step Six. updated species and county information. immediate vicinity of the point of discharge.
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36513
Example(s) environmental assessments under NEPA. appropriate office of the FWS,NMFS or
1.Where storm water from construction Such assessments may indicate if listed Natural Heritage Center listed in Sections II
activities discharges into a stream segment species are in the project area.Coverage and III of this Addendum should be
that is known to harbor listed aquatic under the CGP does not trigger such an contacted for assistance.If adverse effects are
species. assessment because the permit does not not likely,then the applicant should make
• The areas where storm water BMPs will regulate any dischargers subject to New the appropriate certification on the revised
s be constructed and operated,including any Source Performance Standards under Section NOI form and apply for coverage under the
areas where storm water flows to and from 306 of the Clean Water Act,and is thus permit.If adverse effects are likely.
BMPs. statutorily exempted from NEPA.See CWA applicants must follow Step Five.
Example(s) §511(c).However,some construction
activities might require review under NEPA Step Five:Determine if Measures Can Be
1.Where a storm water retention pond because of Federal funding or other Federal Implemented To Avoid Any Adverse Effects
would be built. involvement in the project. If an applicant makes a preliminary
The project area will vary with the size and If no species are found in the project area, determination that adverse effects are likely,
structure of the construction activity,the an applicant is eligible for CGP coverage. it can still receive coverage under Part
nature and quantity of the storm water Applicants must provide the necessary I.B.3.e.(2)(a)of the CGP if appropriate
discharges,the storm water discharge-related certification on the revised NOI form.If listed measures are undertaken to avoid or
activities and the type of receiving water. species are found in the project area, eliminate the likelihood of adverse effects
Given the number of construction activities applicants must indicate the location and prior to applying for permit coverage.These
potentially covered by the CGP,no specific nature of this presence in the storm water measures may involve relatively simple
method to determine whether listed species pollution prevention plan and follow Step changes to construction activities such as re-
may be located in the project area is required Four. routing a storm water discharge to bypass an
for coverage under the CGP.Instead, area where species are located,relocating
applicants should use the method which Step Four:Determine if Listed Species or P g
allows them to determine,to the best of their Critical Habitat Are Likely To Be Adversely BMPs,or by changing the"footprint"of the
i knowledge,whether listed species are Affected by the Construction Activity's Storm construction activity.Applicants may wish to
located in their project area.These methods Water Discharges or Storm Water Discharge- contact the FWS and/or NMFS to see what
may include: Related Activities appropriate measures might be suitable to
• Conducting visual inspections:This To receive CGP coverage,applicants must avoid or eliminate the likelihood of adverse
method may be particularly suitable for assess whether their storm water discharges impacts to listed species and/or critical
r! construction sites that are smaller in size or or storm water discharge-related activities are habitat.(See 50 ion f informal This can
located in non-natural settings such as highly likely to adversely affect listed species or entail the initiation of informal consultation
urbanized areas or industrial parks where critical habitat."Storm water discharge- with the FWS and/or NMFS which is
there is little or no natural habitat,or for related activities"include: described in more detail Step Six.
construction activities that discharge directly • Activities which cause,contribute to,or If applicants adopt measures to avoid or
into municipal storm water collection result in point source storm water pollutant eliminate adverse effects,they must continue
systems. discharges,including but not limited to to abide by those measures during the course
of permit coverage.These measures must be
• Contacting the nearest State or Tribal excavation,site development,grading,and
wildlife agency,the Fish and Wildlife other surface disturbance activities;and described In the storm water pollution
Service(FWS),or the National Marine • Measures to control storm water prevention plan and may be enforceable as
Fisheries Service(NMFS).Many endangered discharges including the siting,construction. Permit conditions.If appropriate measures to
avoid the likelihood of adverse effects are not
and threatened species are found in well- operation of best management practices
defined areas or habitats.Such information is (BMPs)to control,reduce or prevent storm available to the applicant,the applicant must
frequently known to State,Tribal,or Federal water pollution. follow Step Six.
i wildlife agencies.A list of FWS and NMFS Potential adverse effects from storm water Step Six:Determine if the Eligibility
offices is provided in Section 11 of this discharges and storm water discharge-related Requirements of Pan LB.3.e.(2)(b)-(d)Can Be
Addendum below. activities include: Met
• Contacting local/regional conservation • Hydrological.Storm water discharges Where adverse effects are likely,the
groups or the State or Tribal Natural Heritage may cause siltation,sedimentation or induce applicant must contact the EPA and FWS/
Centers(see Section III of this Addendum). other changes in receiving waters such as NMFS.Applicants may still be eligible for
State and local conservation groups may have temperature,salinity or pH.These effects CGP coverage if any likely adverse effects can
location specific listed species information. will vary with the amount of storm water be addressed through meeting the criteria of
The Natural Heritage Centers inventory discharged and the volume and condition of Part I.B.3.e.(2)(b)-(d)of the permit.These
species and their locations and maintain lists the receiving water.Where a storm water criteria are as follows:
of sightings and habitats. discharge constitutes a minute portion of the
• Submitting a data request to a Natural total volume of the receiving water,adverse 1.An ESA Section 7 Consultation is
Heritage Center.Many of these centers will hydrological effects are less likely. Performed for the Applicant's Activity(See
provide site specific information on the Construction activity itself may also alter Part 1.13.3.e.(2)(b)
presence of listed species in a project area. drainage patterns on a site where Formal or informal ESA§7 consultation is
Some of these centers will charge a fee for construction occurs which can impact listed performed with the FWS and/or NMFS
researching data requests. species or critical habitat. which addresses the effects of the applicant's
• Conducting a formal biological survey. • Habitat.Excavation,site development, storm water discharges and storm water
Larger construction sites with extensive grading,and other surface disturbance discharge-related activities on listed species
storm water discharges may choose to activities from construction activities, and critical habitat.The formal consultation
conduct biological surveys as the most including the installation or placement of must result in either a"no jeopardy opinion"
effective way to assess whether species are storm water BMPs,may adversely affect or a"jeopardy opinion"that identifies
located in the project area and whether there listed species or their habitat.Storm water reasonable and prudent alternatives to avoid
are likely adverse effects.Biological surveys may drain or inundate listed species habitat. jeopardy which are to be implemented by the
arr are frequently performed by environmental • Toxicity.In some cases,pollutants in applicant.The informal consultation must
consulting firms.A biological survey can be storm water may have toxic effects on listed result in a written concurrence by the
used to follow Steps Four through Six of species. Service(s)on a finding that the applicant's
these instructions. The scope of effects to consider will vary storm water discharge(s)and storm water
• Conducting an environmental with each site.If the applicant is having discharge-related activities are not likely to
do assessment under the National difficulty in determining whether his or her adversely affect listed species or critical
Environmental Policy Act(NEPA).Some project is likely to adversely Affect a listed habitat(for informal consultation,see 50 CFR
construction activities may require species or critical habitat,then the 402.13).
ei
36514 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
Most consultations are accomplished Certification under Part 1.13.3.e.(2)(d)is Office. 1360 U.S.Hwy 1,#5;P.O.Box 2676,
through informal consuitation.By the terms discussed in more detail in Section I.A.of Vero Beach.FL 32961-2676
of this permit,EPA has automatically this addendum. Field Supervisor,U.S.Fish and Wildlife
designated applicants as non-Federal The applicant must comply with any'terms Service.Caribbean Field Office,P.O.Box
representatives for the purpose of conducting and conditions imposed under the eligibility 491,Boqueron,PR 00622
informal consultations.See Part I.B.3.e.(5) requirements of paragraphs I.B.3.e(2)(a), (b), Field Supervisor,U.S.Fish and Wildlife
and 50 CFR 402.08 and 402.13.When (c),(d)to ensure that its storm water Service,Puerto Rican Parrot Field Office,
conducting informal ESA§7 consultation as discharges and storm water discharge-related P.O.Box 1600,Rio Grande,PR 00745
a non-Federal representative,applicants must activities are protective of listed species and/ Field Supervisor,U.S.Fish and Wildlife
follow the procedures found in 50 CFR 402 or critical habitat.Such terms and conditions Service,Brunswick Field Office,4270
of the ESA regulations. must be Incorporated in the project's SWPPP. Norwich Street,Brunswick,GA 31520-
Im Applicants must also notify EPA and the If the eligibility requirements of Part 2523
Services of their intention and agreement to I.B.3.e.(2)(a)-(d)cannot be met,then the Field Supervisor,U.S.Fish and Wildlife
conduct consultation as a non-Federal applicant may not receive coverage under the Service,Jacksonville Field Office,6620
representative.Consultation may occur in the CGP.Applicants should then consider Southpoint Drive S.,Suite 310,
w context of another Federal action at the applying to EPA for an individual permit. Jacksonville,FL 32216-0912
construction site(e.g.,where ESA§7 Il.List of Fish and Wildlife Service and Field Supervisor,U.S.Fish and Wildlife
consultation was performed for issuance of a National Marine Fisheries Service Offices Service,Charleston Field Office,217 Ft.
wetlands dredge and fill permit for the Johnson Road,P.O.Box 12559,Charleston,
project or where a NEPA review is performed A. U.S.Fish and Wildlife Service Offices SC 29422-2559
for the project which incorporates a section Field Supervisor,U.S.Fish and Wildlife
7 consultation).Any terms and conditions National Website for Endangered Species Service,Clemson F.O.,Dept.of Forest
Information Resources.261 Lehotsk
developed through consultations to protect Y Hall,Box 341003,
listed species and critical habitat must be Endangered Species Home page:http:// Clemson.SC 29634-1003
incorporated into the SWPPP.As noted www.fws.gov/r9endspp/endspp.htmi Field Supervisor,U.S.Fish and Wildlife
above,applicants may,if they wish,initiate Regional,State,Field and Project Offices Service,Raleigh Field Office,P.O.Box
consultation with the Services at Step Five. g 33726,Raleigh,NC 27636-3726
Whether ESA§7 consultation must be USFWS Region Two Field Supervisor,U.S.Fish and Wildlife
performed with either the FWS,NMFS or Service,Cookeville Field Office,446 Neal
both Services depends on the listed species Regional Office Street,Cookeville,TN 38501
W which may be affected by the applicant's Division Chief,Endangered Species,U.S. Field Supervisor,U.S.Fish and Wildlife
activity.In general,NMFS has jurisdiction Fish and Wildlife Service,ARD Ecological Service.Asheville Field Office. 160
over marine,estuarine,and anadromous Services.P.O.Box 1306,Albuquerque,NM Zillicoa Street,Asheville,NC 28801
species.Applicants should also be aware that 87103 Field Supervisor,U.S.Fish and Wildlife
while formal§7 consultation provides Service,Daphne Field Office,P.O.Drawer
protection from incidental takings liability, State,Field,and Project Offices(Region Two) 1190,Daphne,AL 36526
informal consultation does not. Field Supervisor,U.S.Fish and Wildlife Field Supervisor,U.S.Fish and Wildlife
2.An Incidental Taking Permit Under Service,Corpus Christi Field Office,6300 Service,Vicksburg Field Office,2524 S.
Section 10 of the ESA Is Issued for the Ocean Dr.,Campus Box 338,Corpus Frontage Road,Suite B,Vicksburg,MS
r Applicants Activity(See Part I.B.3.e.(2)(c)) Christi,TX 78412 39180-5269
Field Supervisor,U.S.Fish and Wildlife Field Supervisor,U.S.Fish and Wildlife Svc.,
The applicant's construction activities are Service,Arlington Field Office,711 Lafayette Field Office.Brandywine 11,Suite
authorized through the issuance of a permit Stadium Dr.,East,Suite 252,Arlington.TX 102.825 Kaliste Saloom Road,Lafayette.
under§10 of the ESA and that authorization 76011 LA 70508
addresses the effects of the applicant's storm Field Supervisor,U.S.Fish and Wildlife Field Supervisor,U.S.Fish and Wildlife
water discharge(s)and storm water Service,Clear Lake Field Office, 17629 El Service,Jackson Field Office,6578
discharge-related activities on listed species Camino Real,Suite 211,Houston,TX Dogwood View Pkwy Suite A.Jackson.MS
and critical habitat.Applicants must follow 77058 39213
FWS and/or NMFS procedures when Field Supervisor,U.S.Fish and Wildlife
applying for an ESA Section 10 permit(see Service,Oklahoma Field Office,222 S. B.National Marine Fisheries Service Offices
No 50 CFR§17.22(b)(1) (FWS)and§222.22 Houston,Suite a,Tulsa.OK 74127 The National Marine Fisheries Service is
(NMFS)).Application instructions for Field Supervisor,U.S.Fish and Wildlife developing a database to provide county and
Section 10 permits for NMFS species can be Service,New Mexico Field Office,2105 territorial water(up to three miles offshore)
obtained by(1)accessing the"Office of Osuna,NE,Albuquerque,NM 87113 information on the presence of endangered
Protected Resources"sector of the NMFS Field Supervisor,U.S.Fish and Wildlife and threatened species and critical habitat.
Home Page at"http://www.nmfs.gov"or by Service,Austin Ecological Serv.Field The database is projected to be available to
contacting the National Marine Fisheries Office, 10711 Burnet Road,Suite 200, the public sometime in December 1997.The
Service,Office of Protected Resources, Austin,TX 78758 database should be found at the"Office of
Endangered Species Division,F/PR3. 1315 Field Supervisor,U.S.Fish and Wildlife Protected Resources"site on the NMFS
East-West Highway,Silver Spring,Maryland Service.Arizona State Office,2321 W. Homepage at"http://www.nmfs.gov".
20910:telephone(301)713-1401,fax(301) Royal Palm Road,Suite 103,Phoenix,AZ
Regional and Field Office
713-0376. 85021-4951
3.The Applicant Is Covered Under the USFWS Region Four Southeast Region
Eligibility Certification of Another Operator Protective Species Management Branch,
for the Project Area(See Pan 1.B.3.e.(2)(d)) Regional Office National Marine Fisheries Service,
The applicant's storm water discharges and Division Chief,Endangered Species,U.S. Southeast Region,9721 Executive Center
storm water discharge-related activities were Fish and Wildlife Service,ARD— Drive,St.Petersburg,Florida 33702-2432
already addressed in another operator's Ecological Services, 1875 Century Blvd., 111.Natural Heritage Centers
certification of eligibility under Part Suite 200,Atlanta,GA 30345
I.B.3.e.(2)@),or(c)which also included the The Natural Heritage Network comprises
applicant's project area. a certifying Stare,Field,and Project Offices(Region Four) 85 biodiversity data centers throughout the
eligibility under Part I.13.3.e.(2)(d),the Field Supervisor,U.S.Fish and Wildlife Western Hemisphere.These centers collect,
_ applicant agrees to comply with any Service.Panama City Field Office. 1612 organize,and share data relating to
measures or controls upon which the other June Avenue,Panama City,FL 32405-3721 endangered and threatened species and
operator's certification under Part Field Supervisor,U.S.Fish and Wildlife habitat.The network was developed to
I.13.3.e.(2)(a),(b)or(c)was based. Service,South Florida Ecosystem Field inform land-use decisions for developers,
Federal Register/Vol, 63, No. 128/Monday, July 6, 1998/Notices 36515
corporations,conservationists,and IV.County List of Endangered and relieve applicants or permittees of their
government agencies and is also consulted Threatened Species responsibility to comply with applicable
for research and educational purposes.The Please see February 17, 1998,Federal. State,Tribal or local laws for the protection
centers maintain a Natural Heritage Network Register Vol.63 no.31 for county by county of historic properties.
Control Server Website(http:H listing or contact EPA Region 6 Storm Water
www.heritage.tnc.org)which provides ffice of Addendum C—Revised Notice of Intent
website and other access to a large number Hotline(1-800-245-6 Form at of specific biodiversity centers.Some of these Wastewater Managemennt's t's EPA's Office
page
centers are listed below: "http://www.epa.gov/owm"will post
The Notice of Intent form(EPA3510-9)
periodic updates of the county-by-county list. replaces the Notice of Intent form(EPA
Oklahoma Natural Heritage Inventory You may also check the list of endangered 3510-6 (8-98)).The revised form is
Oklahoma Biological Survey, I 1 I East and threatened species published by the Fish
Chesapeake Street,University of and Wildlife Service on the Endangered contained in this Addendum.According to
Oklahoma,Norman,OK 73019-0575,405/ Species Home Page(http://www.fws.gov/ the provisions in Part II.B of this permit,
325-1985 Fax:405/325-7702,Web site: -r9endspp/enddspp.htm)which is also applicants are reminded they must certify
http://obssun02.uoknor.edu/biosurvey/ attached to the FWS Home Page in the that they meet all eligibility requirements of
onhi/home.html "Nationwide Activities Category".List of Part I.B.of this permit and are informing the
Louisiana Natural Heritage Program species under NMFS jurisdiction can be Director of their intent to be covered by,and
found on the NMFS Homepage comply with,those terms and conditions.
Department of Wildlife&Fisheries,P.O.Box (http:www.nmfs.gov)under the"Protected These conditions include certifications that
rf 98000,Baton Rouge,LA 70898-9000,504/ Resources Program."Lists and maps of the applicant's storm water discharges and
765-2821 Fax:504/765-2607 critical habitat can be found in the Code of storm water-related discharge activities will
Navajo Natural Heritage Program Federal Regulations(CFRs)at 50 CFR parts not adversely affect listed endangered or
P.O.Box 1480,Window Rock,Navajo Nation, 17 and 226. threatened species,or their critical habitat.
AZ 86515,(520)871-7603,(520)871-7069 Addendum B—Historic Properties EPA may modify this permit to include
(FAX) (Reserved) provisions relating to historic preservation.
Texas Biological and Conservation Data Instructions related to historic preservation BILLING CODE 6560-50-P
System have not been included in the permit at this
3000 South IH-35,Suite 100,Austin,TX time.EPA may modify the permit to include
78704,512/912-7011 Fax:512/912-7058 such provisions at a later date.This does not
36516 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
THIS FORM REPLACES PREVIOUS FORM 3510-6(8-98) Form Approved. OMB No.2040-0186
See Reverse for Instructions
United States Ermvironmentai Protection Agency
NPDES \`�,EPA or Storm W DC 20460
FORM Notice of Intent(NOI)for Storm Water Discharges Associated with
CONSTRUCTION ACTIVITY Under a NPDES General Permit
Submission of this Notice of Intent constitutes notice that the party idenlMled in Section i of this form intends to be authorized by a NPDES permit Issued
for storm water discharges associated with constriction activity In the StateAndian Country Land identified In Section 11 of this form. Submission of this Notice
of Intent also constitutes notice that the party identified in Section 1 of this form meets the eligibility requirements in Part I.B.of the general permit(Including
those related to protection of endangered species determined through the procedures in Addendum A of the general permit),understands that continued
authorization to discharge is contingent on maintaining permit eligibility,and that implementation of the Storm Water Pollution Prevention Plan required under
Part IV of the general permit will begin at the time the permittee commences work on the construction project identified in Secion II below. IN ORDER TO
OBTAIN AUTHORIZATION,ALL INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM. SEE INSTRUCTIONS ON BACK OF FORM.
L Owner/Operator(Applicant)Information
Name: I I I I I I i 1 1 1 1 1 1 1 I I L I I 11 1 1 1 1 I I I 1 1 Phone: 1 1 1 1 I I I i 11 I
Status of
Address:) I 11 1 I I 1 1 1 1 1 1 1 f I I I I I 11 1 1 1 1 1 I l I t I I Owner/Operator. ❑
City: L_i 1 1 1 1 I I 1 1 1 I 1 1 1 1 1 I I I 1 1 I State: L_LJ Zip Code: L I I I I f-I 1 I I I
II. ProjecUSlte Information Is the baw lity located on Indian
Country Lands?
Project Name: I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 [ t l l l 1 1 1 1 1 1 I I I I Yes ❑ No❑
Project Address/Location:I I 1 1 1 1 I I i 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I I I
City: I I 1 I 1 1 1 1 I J I I I I I 11 1 1 1 I I state: L_LJ Zip code: I I I I I I-I I I I I
Latitude: I I I I I I I LWVtLWe: 1 1 1 1 1 1 I I County: 11 1 I I I I I I 1 1 1 1 I J 1 1 I I I
Has the Storm Water Pollution Prevention Plan(SWPPP)been prepared? Yes❑ No❑
Optional:Address of location of
SWPPP for viewing ❑Address in Section I above ❑Address in Section 11 above ❑ Other address(if krwwn)below:
SWPPP Phone:
Address:) I t l l l l l I l l 1 1 1 1 1 1 1 L l l l 1 1 1 1 1 1 1 I I I I
City: I I I I t L I I I J I I 1 I I I I I I I I I State: L_1-J Zip Code:
Name of Receiving Water. I I I I L I 1 1 1 1 L L I I I I I I I I I I I I I
I i I I I I I I I ( j l l l l j 1 1 Based on instruction provided In Addendum A of the permit,are
Month Day Year Month Dry VWr there any listed endangered or threatened species,or designated
Estimated Construction Start Date Estimated Completion Date critical habitat in the project area?
Estimate of area to be disturbed(to nearest acre): I I I I I I I Yes ❑ No ❑
Estimate of Likelihood of Discharge(choose only one): I have satisfied permit eligibility with regard to protection of
endangered species through the Indicated section of Part 12.3.0.(2)
1. ❑ Unlikely 3. ❑Once per week 5. ❑ Continual of the permit(check one or more boxes):
2. ❑ Once per month 4. ❑Once per day (a)❑ (b) ❑ (c) ❑ (d)❑
III. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualifled personnel properly gather and evaluate the Information submitted. Based on my inquiry of the person Or persons who
manage this system,or those persons directly responsible for gathering the information,the Information submitted Is,to the best of my knowledge and
belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false Information,Including the possibility of One aril
Imprisonment for knowing vloiations.
Print Name:I I I I l i 1 1 1 1 1 1 1 1 1 1 j 1 1 1 1 1 1 L 1 ! I I I t 1 Date: 11 1 I I I I
Signature:
EPA Form 3510.9 replaced 3510-6(8.96)
3 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36517
knstnuctions-EPA Form 3510.9 Form Approved. OMB No.2040.0188
PA Notice of Intent(NOI)for Storm Water Discharges Associated with
B
Construction Activity to be Covered Under a NPDES Permit,
Who Must File a Notice of Intent Form Convert decimal latitude 45.1234567 to degrees,minutes,and seconds.
Under No provisions of to Clean Water Act,as amended,(33 U.S.C.1251 1) The numbers to the left of the decimal point are degrees.
et.seq.;the Act),except as provided by Part I.B.3 the permit,Federal law 2) To obtain minutes,multiply the first four numbers to the right of the
prohibits discharges of pollutants In storm water from construction activities decimal point by 0.006. 1234 x.006-7.404.
without a Nalional Pdlulart Discharge Elimination System Permit Operator(s) 3) The numbers to the left of the decimal point in the result obtained in
of construction sites where 5 or more acres are disturbed,smaller sites that step 2 are the minutes: 7.
*m* are part of a larger common plan of development or sale where there is a 4) To obtain seconds,multiply the remaining three numbers to the right of
cumulative disturbance of at least 5 acres,or any she designated by the the decimal from the result in step 2 by 0.06: 404 x 0.06-24.24. Since
Director,must submit an NOI to obtain coverage under an NPDES Storm the numbers to the right of the decimal point are rat used,the result is
Water Construction General Permit If you have questions about whether 24'.
you need a permit under the NPDES Storm Water program,or if you need 5) The conversion for 45.1234=45' 7 24'.
information as to whether a particular program Is administered by EPA or
a State agency,write to or telephone the Notice of Intent Processing Center Indicate whether the project is on Indian Country Lands.
at(703)931-3230. Indicate If the Storm Water Pollution Prevention Plan(SWPPP)has been
developed. Refer to Part IV of the general permit for information on SWPPPs.
Where to File NOI Form To be eligible for coverage,a SWPPP must have been prepared.
NOls must be sent to the following address: Optional: Provide the address and phone number where the SWPPP can
Storm Water Notice of Intent(4203) be viewed if different from addresses previously given. Check appropriate
USEPA box.
401 M.Street,SW Enter the name of the closest water body which receives the project's
Washington.D.C. 20460 construction storm water discharge.
= Do not send Storm Water Pollution Prevention Plans(SWPPPs)to the Enter the estimated construction start and completion dates using for digits
above address. For overnight/express delivery of NOIs,please include the for the year(i.e.0527/1998).
room number 2104 Northeast Mail and phone number(202)260.9541 in
the address. Enter the estimated area to be disturbed including but not limited to:
grubbing,excavation,grading,and utilities and infrastructure installation.
When to File indicate to the nearest acre;if less than 1 acre,enter'1' Note: 1 acre=
43,560 sq.ft.
This forum must be filed at least 48 hours before consiruction begins. Indicate your best estimate of the likelihood of storm water discharges from
Completing the Form the project. EPA recognizes that actual discharges may differ from this
estimate due to unforeseen or chance circumstances.
OBTAIN AND READ A COPY OF THE APPROPRIATE EPA STORM WATER Indicate If there are any listed endangered or threatened species,or
CONSTRUCTION GENERAL PERMIT FOR YOUR AREA. To complete designated attical habitat in the project area.
this form,type or print,using uppercase letters,in the appropriate areas
only. Please place each character between the marks (abbreviate if indicate which Part of the permit that the applicant is eligible with regard
necessary to stay within the number of characters allowed for each item). to protection of endangered or threatened species,or designated critical
Use one space for breaks between words,but not for punctuation marks habitat
unless they are needed to clarify your response. if you have any questions
on this form,call the Notice of Intent Processing Center at(703)931-3230. Section IN Certification
Section L Facility Owner/Operator(Applicant)Information Federal Statutes provide for severe penalties for submitting false information
Provide the legal name,mailing address,and telephone number of the on this application form. Federal regulations require this application to be
person,firm,public organization,or any other entity that meet either of the signed as blows:
following two criteria: (1)they have operational control over construction For a corporation: by a responsible corporate officer,which means:
plans and specifications,including the ability to make modifications to Case (1)president,secretary,treasurer,or vice president of the corporation in
plans and specifications;or(2)they have the day-to-day operational control charge of a principal business function,or any other person who performs
of those actiNtes at the project necessary to ensure compkaroe with SWPPP similar policy or decision making functions,or(ii)the manager of one or
requirements or other permit conditions. Each person that meets either of more manufacturing,production,or operating facilities employing more than
these criteria must file this form. Do not use a colloquial name. Correspon- 250 persons or having gross annual sales or expenditures exceeding$25
w dence for the permit will be sent to the address. million(in second-quarter 1980 dollars),0 authority to sign documents has
Ester the appropriate letter to indicate the legal status of the owner/operator been assigned or delegated to the manager in accordance with corporate
of the project: F-Federal;S-State;M-Public(other than federal or procedures;
state);P-Private. For a partnership or sole proprietorship: by a general partner of the proprietor,
or
Section 11. Project/Sits Information For a municipality,state,federal,or other public facility. by ether a principal
Enter the official or legal name and complete street address,including chy, executive or ranking elected official. An unsigned or undated NOI forth will
county,state,zip code,and phone number of the project or site. If it lacks not be granted permit coverage.
a street address,Indicate with a general statement the location of the site
(e.g.,Intersection of State Highways 61 and 34). Complete site Information Paperwork Reduction Act Notice
must be provided for pertNt coverage to be granted. Public reporting burden for this application Is estimated to average 3.7
The applicant must also provide the latitude and longitude of the fatality In hours. This estimate includes time for reviewing instructions,searching
degrees,minutes,and seconds to the nearest 15 seconds. The latitude existing data sources,gathering and maintaining the date needed,and
and longitude of your facility can be located on USGS quadrangle maps. completing and reviewing the collection of infortrretion. An agency may not
Ouedrangle maps can be obtained by calling 144 USA MAPS. Longitude conduct or sponsor,and a person is not required to respond to,a collection
w„ and latitude may also be obtained at the Census Bureau Internet site: of information unless it displays a currently valid OMB control number.
http:/twww.consus.gov/cgi-birL/gazetteer. Send comments regarding the burden estimate,arry other aspect of the
Latitude and longitude for a facility in decimal forth must be converted to collection of information,or suggestions for Improving this form,including
degrees,nrdmAes and seoords for proper entry on the NOI forth. To convert any suggestions which may increase or reduce this burden to: Director,
decimal latitude or longitude to degrees,minutes,end seconds,fellow the OPPE Regulatory Information Division(2137) U.S.Environmental Protection
steps In the following or to example. Agency,401 M Street,SW,Washington,D.C.20460. Include the OMB
control number on any correspondence. Do rat send the completed forth
to this address.
are
36518 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
Addendum D—Notice of Termination Form
From the effective date of this permit, permittees are to use the existing Notice of Termination form (EPA Form 3510-7) contained
in this Addendum until they are instructed by the Director (EPA) to use a revised version. Permittees are to complete, sign and
submit the form in accordance with Part VIII of the permit when terminating permit coverage at a construction project when one
w.
or more or the conditions contained in Part I.D.2 have been met.
THIS FORM REPLACES PREVIOUS FORM 3610-7(&42) Form App,om& oar rt mewam
Pisses 800 k0ftmedom BOW* This Form Apple el �+t«
VE A ��ftafte W OC� y
NPDES .EPA
t�M � Notlos o4 Teem4laUon(NOT)of Colwrap�Under a NPDES Cionard Ptarmlt for
Storm Wear DhwIurq"Aswchbd waft hWu*Vhl Ac&Aty
Suonwaon of ire Notlee Of TamdrwAlw od oftAw raw fret to It"Idantlted r,SWkn 11 of thls form ls no Ipgr auftwized to dtrdm pa atom,water
ar auockW v t,knduaarbl*dMty under tlr NPDES popnrn. ALL NECESSARY WORMATION MUST BE PROVIDED ON THIS FOPALL
I.Per"Momnallon
NPDES Sion Water Check Han it You are No Lr+wr � Chace Hie M ria Swan Water
oanral Parent Number: I L � �I eta op-raw d the F-W.. Dfedurpe In Betnp Tamtrutta
PR
U.FwAW operator trftm*Wn
Name: Lam. , , , , , , , e , , , , , , s , I Phyw I , , I i J I , I
IAf
Adana: . _ - I
W. I J r t t t n r r r r , t r , _J J St w- L_IJ ZIP Coda:L n . n n ... i I
w
dl.FeMy0ta Loosaw InbnnatlOn
Naar: I I
Address
pl)r I , , , , , , , , , , , , , , , , , , , , , I St": LI ZIP s- I Code:
I ' I
l t l t l ( , r t I r OtrrYr W -i-: L1J Toot**. . , I Flange: L�
N.Cartleatlorr I crofy under penalty of Mw r,at at storm weld dtech associated Wth rdusbW actvlty keen rr Idanmed foolity riot we
aurrrized by a NPDES ppexr�rerra�lI pemA have been eUrrdnated or rut I am noa�r,p�ar rw ogralor d tM tacUlty or oorntrucyor,aqa. 1 wderstand red by
aubrr f v ihb Notica d TeriNr,atlon,i am no longer aulhaizW w dlsdwrge etrm water asocistsd wit,rnduatrW acilvky under r,la gr,eral pemrlL end
VW diwhwotg pokitem h storm water aseociatad wim induatrlal adWky W wat—d the UNted Stabs Is utlewtti under the CWm WaW Act wtwo
the dbdurge is not aulfartzed by a NPDES ppeannr,lt I also understand that the BubndtW d#6 Notice d Trrnr ation does not release an oprow hem
Nob ft for arry vMatbm of nits permh or the Claw Water Act
Prim Name:
lJ�l� Dana:
e:
Matruetiom for Cong9sting Nodoe of Tarminadon(WT)Form
Who faey Fee a Noltos of TerarrUr.(NOT)For- Whw to Pee NOT Form
Poo *a e4w w mwrlh cvrer.d„veer an EPA-N NNwrl Pdauhn rend ale am b er ar fobnrng adAAew
Dba,rge ELrinsom System (NPDES) General Pa (rck&V ter lent
Nub4 csw Por )br Sloan Wow DdnarDa Aucciatad Nh r,drmW AcW* Stns mhtr Novae of Termination(4207)
may ab*a Ndbe of Termination(NOT)form wham their IedllOn no aggo 4dt Y SreaL S.W.
law any storm rear dwhibW NeooWed wah WA-W adNty a I rrd h Wu qb%DC 20400
tw atomn err ngtisaorw it p CFit 1222OX14),r when they am no longer
tr ap erawr d ro Yraaea
Canp"v go Force
For mnaruMon aclhAem,simine on of Y storm war discharge aasooedd
wM rndusrW adray adieus wham dababsd soh of the owMr cfm sat hew Type of Print%Wg rpprme fades.M ar ppoprWe are C* Ptew
been trray atsbaaed and lenpon"eodoe rd es6nen t orrr I nraaua plans sea d vuacw baawen the marlo.AbbreMtls a nsosesary b way w1hn
here peen nmaed or wa be remared at an app noPrlate erns,or rat at.wren go number at chaades aaosad for each earn, use only ano spew a brats
Wait d'sd,erpw Naodeted wW rid WW arkrYy hom er ornesucfon am rat between wrdl,bit not ter purtrraron rrrrb urAm they we neebd to deity
w n/wnetod by s HP-DES senW psma haw oemrdse been eermuzed F.W you wsporw.t you harm arty qusaar aWUt 90 fawn,takprwne r wrh to
velours- msew that Y ad4babrb" arSMhe of Ire spa have been Noom at hto PrceaNYng Ceder at(M 031-3230.
mnnpkeed and OW■unaonn prrr,W vapelelre eorr weh a do '-y of 701E of
ew darn a u,Pwd arena and sew not cow by ps 004 erucane tea
ban aad6aahe0,r M*aWS par—Wba7a6rl mwearrN(&Kh N iha
use d nprap,g" or geobiuc3a)haw been onnpbyed
EPA Form 3M.7 18-M
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36519
Instructions-EPA Form 5610-7
Notice of Termination(NOT)of Coverage Under The NPDES General Permit
for Storm Water Discharges Associated With Industrial Activity
Section I Permit Information Section N Certification
Enter the existing NPDES Storm Water General Permit number assigned to the Federal statutes provide for severe penalties for submitting fake information on this
facility or she identified In Section Ill. If you do not know the permit number, application form. Federal tegulatkm require Obis application to be signed as
telephone or write your EPA Regional storm water contact person. follows:
Indicate your reason for submitting this Notice of Termination by checking the For a corporation:by a responsible corporate officer,which means:m presiderd,
appropriate box: secret",treasurer,or vb"residenl of the corporation in charge of a principal
business function,or any other person who performs similar policy or decision
If Ilhere has been a change of operator and you are no longer the operator of making functions,or(d)the manager of one or more manufacturkp,production,or
the facility or site identified in Section 111,check the corresponding box, opwali lacilitles empioyng more than 25O persons or having gross annual sales
or expenditures exceeding$25 million(in second-quarter 1960 dollars),r authority
If al etomn water discharges at the facility or site identifled in Section Ill hove to sign docrrmends has been assigned or delegated to the manager in accordance
been terminated,check the corresponding box. with corporate procedures;
Section 11 Facility Operator Information Fore partnership or sole proprbforshlp:by a general partner or the proprietor,or
Give M legal noms of the person,rims public organization,or any other entity that For a munidpellty,State,Federal,or other public hale(".•by eil her a principal
operates the tacitly or site described in this application. The name of the operator executive officer or non"elected official.
may or may not be the same name as the ledly. The operator of the facility is the
legal entity which controls the facily's operation,rather than the plard or she Papal work Reduction Act Notice
manger.Do not use a colloquial name. Enter the complete address and telephone
number of the oporalm. Public reporting burden for Obis applications estimated to Overage 0.5 hours pa
application, including time for reviewing instructions. searching existing deft
Section III FacilltyiSite Location Information sources,gathering end maintaining the data needed,and
oorrpleting and rsviewiq
the collection of information. Send commends regarding the burden adirrele,an
E liter the facihys or site's official or legal name and complete address,including other aspect tithe collection of Information,or suggestions for improving this form,
sty,do@ and 22P code. If the facility locks a street address,indicate the state,the including any suggestions which may increase or reduce this burden to:Chief,
latitude and longitude or the factlsy to the nearest 15 seconds,or the quarter, information Policy Branch,2136,U.S.Environmental Prolack Agency,401 M
_ section,township,and range(to the nearest quarter section)of the approximate Sired, SW, Washington DC 20460, or Director, Office of Information and
center of the silo. Regulelory Affairs,Office of Management and Budget,Washington,DC 20503.
JFR Doc.98-17521 Filed 7-2-98;8:45 amt
BILLING CODE 6560-50-C
i
i ATTACHMENT 12
RECORD OF REVISION
LAKE WORTH SOUTH SHORE
WATER IMPROVEMENTS PART 2
STORM WATER POLLUTION PREVENTION PLAN-RECORD OF REVISION
WATER PROJECT NO.: P160-060160501090
' D.O.E.NO.: 3699
DATE SECTIONS DESCRIPTION OF MODIFICATION APPROVAL
MODIFIED SIGNATURES
ATTACHMENT 13
INSPECTION AND MAINTENANCE
F
i
ni
..� LAKE WORTH SOUTH SHORE
WATER IMPROVEMENTS PART 2
INSPECTION REPORT
SWPPP Inspector: Date of Inspection:
Company: Time: am/pm
Title:
REASON FOR INSPECTION(Circle one): Bi-Weekly or '/2 Inch Rain
SITE CONDITIONS:
EROSION & SEDIMENTATION CONTROLS In Conformance With Effective Pollutant
Design Standards Control Practice
Construction Entrance Yes/No/NA Yes 1 No
Silt Fences Yes/No/NA Yes/No
Inlet Protection Yes/No/NA Yes/No
Soil Stabilization Yes/No/NA Yes/No
Rock Check Dams Yes/No/NA Yes/No
Other(Write In) Yes/No/NA Yes/No
CONSTRUCTION PHASE(Circle one):
Rough Grading Water/Sanitary Sewer/Storm Installation
Paving Inlet Tops and Water Meter Cans
Final Pad Grading Final Site Cleanup
Franchise Utility Installation Homebuilding
VIOLATIONS NOTED(Explain each "NO"circled above)
RECOMMENDED REMEDIAL ACTIONS:
INSPECTOR'S CERTIFICATION:
"I certify under penalty of law this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gathered ad evaluated the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible
for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations."
Inspector's Signature:
ATTACHMENT 14
NON-STORM WATER DICHARGE INSPECTION REPORT
LAKE WORTH SOUTH SHORE
WATER IMPROVEMENTS PART 2
SWPPP NON-STORM WATER INSPECTION REPORT
WATER PROJECT NO.: P160-060160501090
'^ D.O.E.NO.: 3699
BI-WEEKLY RAIN EVENT OTHER
., NON-STORM WATER DISCHARGE TYPES
LOCATION ON
PROJECT SITE
Concrete Yes/No
Fuels Yes/No
Stone Yes/No
Detergents Yes/No
Lubricants Yes/No
Mortar Yes/No
Wood Yes/No
Fire Fighting Discharges Yes/No
Spring Water Uncontaminated Groundwater Yes/No
Pavement Wash Water Yes l No
Air conditioner condensate Yes/No
The construction area associated with the grading and typical utility trenching have been inspected and
evaluated for non-storm water discharges as indicated above.
w
Signed:
Name:
Date:
City of Fort Worth, Texas �=
"aVor And Council 4:ommunicaifo--ii
DATE REFERENCE NUMBER LOG NAME PAGE
6/24/03 **C-19633 60SITE 1 of 2
SUBJECT AWARD OF CONTRACT TO SITE CONCRETE, INC. FOR THE CONSTRUCTION OF
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS, PART 2
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Site
Concrete, Inc. for the construction of the Lake Worth South Shore Water Improvements, Part 2 on the
total low bid amount of$295,953.90.
DISCUSSION:
On September 25, 2001 (M&C G-13381), the City Council authorized an engineering contract with
Turner Collie and Braden, Inc. for the design of the Lake Worth South Shore Water Improvements. The
contracted services included hydraulic modeling to ensure adequate fire protection, evaluation of
alignment and construction sequencing, and coordination of public meetings.
The residents along the south shore of the lake submitted a petition for water service to the Water
Department in accordance with the policy for extension of community water facilities.
On May 6, 2003 (M&C C-19573), the City Council authorized a contract with Site Concrete, Inc. for the
construction of the Lake Worth South Shore Water Improvements, Part 3, which consisted of
approximately 7,800 linear feet of 10-inch water line serving customers along Heron Drive east of
Indian Cove, Mallard Court and Sandpiper Circle.
The Lake Worth South Shore Water Improvements, Part 2, consists of approximately 5,800 linear feet
of 8-inch water line and will serve approximately 25 customers along Shoreview Drive, Killdeer Circle
and Abelia Drive.
This project was advertised for bid on December 19 and 26, 2002. On*January 16, 2003, the following
bids were received:
BIDDERS AMOUNT TIME OF COMPLETION
Site Concrete, Inc. $295,953.90 120.Calendar Days
R Con, Inc. $333,599.90
SRO General Contracting, Inc. $335,000.00
AUI Contractor, L.P. $347,374.45
Circle C Construction Company $361,919.00
R & B Burns Bros., Inc. $413,796.75
Atkins Bros. Equipment Company, Inc. $414,619.45
S.H.U.C., Inc. $424,081.69
Site Concrete, Inc. is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE
participation. The City's goal on this project is 24%.
City of Fort Worth, Texas = ti
"eqJor A -nd council COMM OMMunicnt n
DATE REFERENCE NUMBER LOG NAME PAGE
6124103 **C-19633 60SITE 2 of 2
SUBJECT AWARD OF CONTRACT TO SITE CONCRETE, INC: FOR THE CONSTRUCTION OF
LAKE WORTH SOUTH SHORE WATER IMPROVEMENTS, PART 2
The total authorized amount includes $14,798.00 for possible change orders and $5,000.00 for staff
support.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Water Capital Project Fund.
MO:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Maebell Brown(Acting) 8207 (from) APPROVED 06/24/03
P163 541200 060163015110 $295,953.90
Additional Information Contact:
Maebell Brown(Acting) 8207