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HomeMy WebLinkAboutContract 33126 3 / r CITY SECRET RY CONTRACT No. SPECIFICATIONS y , AND CONTRACT DOCUMENTS FOR ARBORLAWN DRIVE FROM WEST OF BELLAIRE DRIVE TO BRYANT IRVIN ROAD Roadway Grading Contract — Phase II CITY OF FORT WORTH,TEXAS DOE NO. 5127 TPW 0115020115023231 OCTOBER 2005 MIKE MONCRIEF CHARLES R.BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE,P.E.,DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P.E., DIRECTOR WATER DEPARTMENT A.DOUGLAS RADEMAKER, P.E.,DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY HUITT-ZOLLARS,INC. 500 W. 7th Street, Suite 300 Fort Worth,Texas 76102 (817)335-3000 JBIGNAL www. CFWNet . org R I W`-?-, ..Ei Home I Council Agenda I M&C I Employee Directory I Morning Report I Ads I PRS I IT Online I Departments I Site Map Print M&C COUNCIL ACTION: Approved on 12/20/2005 DATE: 12/20/2005 REFERENCE NO.: **C-21206 LOG NAME: 30ARBORLAWN II CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Orval Hall Excavating, Ltd., for Arborlawn Drive, Phase II (West of Bellaire Drive to Bryant Irvin Road) — Roadway Grading RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Orval Hall Excavating, Ltd., in the amount of$516,241.61 for Arborlawn Drive, Phase I I (West of Bellaire Drive to Bryant Irvin Road) — Roadway Grading. DISCUSSION: As part of the Southwest Parkway, the City of Fort Worth is to provide two major arterial connectors that will serve as interchanges with the Southwest Parkway, Major arterial connectors accounted for$17,500,000 of the $49,500,000 of the 2004 CIP funding for the Southwest Parkway project. Additionally, as part of the City's Infrastructure Development Agreement (M&C C-20685 City Secretary Contract 31709) with Edwards-Geren, Ltd, the City is required to provide certain arterial improvements in and adjacent to Tax Increment Finance District No. 11. To that end, the City has been working closely with the Texas Department of Transportation, the North Texas Tollway Authority and Edwards-Geren, Ltd. (EGL) to develop plans and specifications for the construction of Arborlawn from International Plaza to Bryant Irvin and Bellaire Drive from its existing terminus to Arborlawn Drive. This construction contract is the second of several contracts to complete this work. City staff is recommending the construction work be phased in order to allow the work to proceed as quickly as possible while preserving some measure of flexibility as EGL, continues to refine their development plans in the area. The Arborlawn Drive project will serve as the east-west arterial connection, which includes portions of the original Bellaire Drive alignment approved in the 1998 Capital Improvement Program (CIP). As such, the project funding to support this contract comes from the 1998 CIP funding. This project, Phase II — Roadway Grading, consists of right-of-way preparation (clearing and grubbing), excavation and embankment to facilitate construction of this segment of the roadway. The project was advertised for bid in the Commercial Recorder on October 20 and 27, 2005. On November 17, 2005, the following bid was received: Bidders Total Bid Contract Time Orval Hall Excavating, Ltd. $516,241.61 70 Working Days This project is located in COUNCIL DISTRICT 3, Mapsco 89 A and B. Orval Hall Excavating, Ltd., is in compliance with the City's M/WBE Ordinance by committing to 14% M/WBE participation and documenting good faith effort. Orval Hall Excavating, Ltd., identified several subcontracting and supplier opportunities. However, the M/WBE's contacted in the areas identified did not submit the lowest bid. The City's goal on this project is 25%. In addition to contract cost, $36,134 is required for inspection and survey, and $15,487 is required for project contingencies. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C115 541200 020115023231 $516,241.61 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) ATTACHMENTS 11/15/LUU5 11:15 FAA W--J UU,4 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES ADDENDUM NO. 1 TO ARBORLAWN DRIVE WEST OF BELLAIRE DRIVE TO BRYANT IRVIN ROAD �. ROADWAY GRADING—PHASE H DOE NO. 5127, TPW PROJECT NO. C115020115023231 ADDENDUM NO. 1 ISSUE DATE: November 15,2005 BID RECEIPT DATE: November 17, 2005 INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: I_M/WBE SPECIAL INSTRUCTIONS TO BIDDERS 1. Replace the first page of the Special Instructions For Bidders Form and replace with the attached revised page. Please acknowledge receipt of the Addendunn in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: Tony Sbolola, P.E.,Program Manager Department of Engineering Engineering Services Division 11/15 2005 11:15 FAX wi003 FORT WORTH 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 MNVBE goal is applicable. If the total dollar value of the contract is less than$25,000,the MNVBE 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 and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. IVIMBE PROJECT GOALS The City's MMSE goal on this project is—Z-5 °10 of the total bid(Base bid applies to Parks and community services)_ 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 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,or; 4. Joint Venture. 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 s eci5Cat ns 1. Subcontractor Utilizabon Form,if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is less than opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form.if no M/WBE participation: opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if you vAH received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date,exclusive;of the bid opening date. 5. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., fire (5) City business days after the bid to met or exceed goal. opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions,please contact the M/WBE Office at(817)382-6104. Rev.11111105 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ARBORLAWN DRIVE FROM WEST OF BELLAIRE DRIVE TO BRYANT IRVIN ROAD -� Roadway Grading Contract — Phase II CITY OF FORT WORTH,TEXAS DOE NO. 5127 TPW C115020115023231 OCTOBER 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE,P.E.,DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P.E., DIRECTOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, P.E.,DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY HUITT-ZOLLARS, INC. �,'�•-'' "= s�! 8 500 W. 7 Street, Suite 300 Fort Worth,Texas 76102 of ............••��"a, (817) 335-3000 if ••RICHARD J_ZOHNE �+ TABLE OF CONTENTS 1. Part A-Notice to Bidders 2. Comprehensive Notice to Bidders 3. Special Instructions to Bidders—T/PW 4. Fort Worth M/WBE Policy 5. Part B—Proposal 6. Special Provisions—Department of Engineering 7. Wage Rates 8. Vendor Compliance to State Law 9. Certificates of Insurance—(1)City of Fort Worth 10. Contractor Compliance with Worker's Compensation Law 11. Performance Bond 12. Payment Bond 13. Maintenance Bond 14. City of Fort Worth Contract 15. Storm Water Pollution Prevention Plan 16. TCEQ/General Permit TPDES NOTICE TO BIDDERS Sealed proposals for the following: ARBORLAWN DRIVE ROADWAY GRADING CONTRACT — PHASE II UNIT I: GRADING IMPROVEMENTS -- PHASE II DOE PROJECT NO. 5127 Included in the above will be all other items of construction as outlined in the Plans and Specifications. Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., November 17 , 2005, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Contract Documents, including plans and specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. Documents may be purchased on a non-refundable basis for thirty dollars ($30.00) per set. ROADWAY GRADING IMPROVEMENTS 7 AC. — Clearing and Grubbing R.O.W. 4,029 C.Y. — Unclassified Excavation 40,179 C.Y. — Embankment 1 L.S. — Erosion Control Plans and specifications will be available for pick up after 2:00 pm October 24, 2005. For additional information concerning this project, please call Liam Conlon, Project Manager, City of Fort Worth (817) 392-6824 or Rick Zohne, P.E., Huitt-Zollars, Inc. at (817) 335-3000. Advertising Dates: October 20, 2005 October 27, 2005 ar.2tt COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: Arborlawn Drive Roadway Grading Contract- Phase II Project No. DOE Project No. 5127 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., Thursday, November 17, 2005, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Contract Documents, including plans and specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. Documents may be purchased on a non-refundable basis for thirty dollars ($30.00) per set. All bidders will be required to comply with Provisions 5159a of"Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400, prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work will consist of the following: ROADWAY GRADING IMPROVFMFNTS 7 AC.—Clearing and Grubbing R.O.W. 4,029 C.Y.—Unclassified Excavation 40,179 C.Y.—Embankment 1 L.S.—Erosion Control Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. The number of working days is as follows: 70 working days. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILITIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH FORM ("Documentation"), and/or the JOINT VENTURE FORM as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392-7910. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. In accord with the City of Fort Worth Ordinance No. 15530, 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. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., 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 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. The Managing Department for this project is the Department of Engineering. For additional information concerning this project, please contact Mr. Rick Zohne, P.E., Huitt- Zollars, Inc. (817) 335-3000. The City of Fort Worth contact is Mr. Liam Conlon, Project Manager (817) 392-6824. A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING ren By: S�jv 6 Rick Trice, P.E. Assistant Director Department of Engineering ADVERTISING DATES: October 20, 2005 October 27, 2005 Fort Worth, Texas on .. SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) /n 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the „k bid,and is subject to forfeit 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 bid bond,the surety must be authorized to do business in the state of Texas. In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and .r admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 2. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering •• into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. �r The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000,a Payment Bond shall be executed,in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. r All contracts shall require a maintenance bond in the amount of one hundred percent(100%) of the original contract amount to guarantee the work for a period of two(2)years after the date of acceptance .. of the project from defects in workmanship and/or material. `� 1QX27/04 1 no OR 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. oft 4. AMBIGUITY: In 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 OR proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is r deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its "`I subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating .. that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 00 Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must +� provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability p p ry(Badt `' 00,(?00 each person* $L,000,.00©,each occurrence($2,0OO'066aggregate It);Property afar:$250,(!00 each occuri encu: The City reserves the right to request any other insurance coverages as may be required ... by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. Oft 10 271Q4 2 no M b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to commencement of work on the contracted project. .► c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium + e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VII or equivalent measure of financial strength and solvency. w f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. L City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary ., protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m Upon the request of City,Contractor shall provide complete copies of all insurance policies 10W required by these contract documents. 10. NONRESIDENT BIDDERS:Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort -� Worth will not award this contract to a non resident 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 is 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. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. '� 10/27/04 3 A• This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid am to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. JA- 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, 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. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,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 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 'r actual work perforated by a minority business enterprise (MBE) and/or 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 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 facts (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 that three(3)years. • 1,2.-j'AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90)days from the date the;MWBE UTILIZATION FORM, PRIME CONTRACTOR.WAIVER FORM,GOOD FAITH EFFORT FORM,and/or die'JOINT VENTURE FORM("Documentation")as appropriate is receiv4d by the'dty. The award ofcontract,if made;will be within.ninety(90)days`after this documentation is,received,but in no case will the award be made untitall the responsibility ofthebidder to whom it is proposed to award the'contract has been " verified. 13. PAYMENT:The Contractor will receive full payment � , from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of tlrr Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as dM non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: *a A.Workers Compensation Insurance Coverage a.Definitions: .. 10/2.7/04 4 �` on .r Certain 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 worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in 5406.096)-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 toner 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 provided coverage,based on proper reporting of classification codes ., and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a 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 new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for +r 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. '� 10(27/04 5 OR Mr 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; r• (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; r (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 i 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. r (6) notify the governmental entity in wiring 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 '"r (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for .. whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, AM 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. i0f271Q4 6 d" .r k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the ,.,. project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's 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 worker"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". 16. NON DISCRIMINATION:The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION:In accordance with the policy("Policy")of the Executive Branch of the r. federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage 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 person because of their age except on the basis of a bona fide ..r occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person :a 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 requirement. rs Contractor warrants it will fully comply with the Policy and will defend ,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY:In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.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 against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 1#1/27/04 7 ►• .. 19. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. .. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. •+ c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. .. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due s. and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. a r rr °10/2:71,04 8 ARBORLAWN PHASE 11- GRADING CONTRACT FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY �:: If the total dollacvalue of the contract is;25,000 or more,the;M1WBE goat is applicable : , If 4616I dollar value Ae:co t isGess'ta n. e. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE)in the procurement of all goods and services to the City on a contractual basis. 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 25 %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 by either of the following: 1. Meet or exceed the above stated MIWBEgoal,or 2. Good Faith Effort documentation,or: 3. Waiver documentation,or; 4. Joint Venture. 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. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MfWBE ORDINANCE,WILL RESULT IN-THE BID BEING-CONSIDERED.; NON RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MIWBE Office at(817) 871-6104. Rev.5/30/03 ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: e� Check applicable block to describe prime 0ryaI �kk e C��l�� u MNV/DBE NON-MMI/DBE PROJECT NAME: BID DATE VAov_ILmAaaa. 17, X005 City's MM/BE Project Goal: Prime's MM/BE Project Utilization: PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete' this'form,' [n Its''entirety with' requested documentation; antl received by the A%fanagng` Department on or before 5:00 p.m. five (5) City business days after bid opening,-,,.exclusive of bid opening date, wlll;result n the bid being considered non-responsive to-bid specifications Z 7vW The undersigned Offeror agrees to enter into a formaC agreement With i the Mf1fBE, f irrrb(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of FortW. The -intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualificatl>an and''Will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. identify each :TieF level. `Tier is the I'd [ lof`subcontracting below`the .prim:hie 'contractor, ►.e_; a direct payment from'the prime contractor to.;b subcontractor:is considered.1�`;tier, a payment by a subcoantractor to its supplier:rs cons[dered ALL MfWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling'services' are utilized, the 'prime -.will be given credit as fang a the kt, BE listed owns`and .operates at least one fully licensed and operational truck to be used on.the contract. The MIW BE may lease .trucks from another MIWB,E firm, including M1WBE.,owner.operators, and receive full Mt BE credit. The M/WBE may lease trucks from non-M/WBEs. including owner-operators, but. will only receive credit for the: fees and commissions earnedby the M/WBE as outlined in the.lease agreement. ,- Rev. reement. Rev.5/30/03 to im ATTACHMENT 1A FORT WORTH Page 2 of 4 jw- *11*� Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. in Certification N (check one) wQ SUBCONTRACTOR/SUPPLIER T >' Company Name i N T Detail Detail Address e M W C X `M`. Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D VY E E R O 'B': C T E'., A PD• B�- ll� l��� I -�.,�.z1 LAD--14 00 in - -14D- ci L-rLp ►�.- ala _ . 101 Rev.5/30/03 in ^I 1 M%.1nrv1r V1 1 In FORTWORTH Page 3 of 4 A '*11� Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e. Minority,W e9 ty, me o nand non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification ' (check one) SUBCONTRACTOR/SUPPLIER T Company Name i N T Detail Detail Address e M w C x J'I Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D % E E R O ,f C T A ja 4 ja ja id Rev.5/30!03 ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ r(I Ov Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ . D� TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS $ �'` $�j�' pO The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women, Business Enterprise Office Manager or designee through the submittal of a Request for Approval of ChangeJAddifion. Any"unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the proocedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the'committed M=BE goal. If the detail explanation is not submitted,;it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the t ransmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of 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. —.;�_ L 7�::�Z VA.F. 4cak� Authorized Signature Printed Signature President of OHE GR I.M. Its General Partner Title Contact Name/Title(if different) qua\ 06-PA ca►,, ( ►`�-�A--1�0'1 Company Name Telephone and/or Fax �)01 tie, 47TA41e \ori ® Oh�hac.conn AddressE-mail Address 1 City/State/Zip Date 5,30/03 ;,�o .✓ J�� "A. ATTACHMENT 1 B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: MNWDBE NON-M/W/DBE BID DATE City's MIWBE Project Goal: 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 1 C. This form is only applicable if bath answers are yes. Facture to complete this foam n*it ',enttrety an`d be received,by ttre Mlanag na Depart"merit on or before 5:00:: p m ,five`(5f City business days after btd'opening,excustve of the bid,opening date,will result m the bid being'conside ed non responsive,to bld.speciftcation's. h r Will you perform this entire contract without subcontractors? YES , If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profile of our business. Will you perform this entire contract without suppliers? YES 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. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s)on this contract,the payment therefore and any proposed changes to the original M/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 M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of 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 Phone Number Fax Number Address Email Address City/Stateop Date Rev.5/30/03 V ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe r L ' , rime Drva.l Na,f� C�Ca��+� LSA M/W/DBE �- NON-M/W/DBE PROJECT NAME: BID TE l� CAJ� City's M/WBE Project Goal: PROJECT NUMBER If you have failed to secure M/WBE.participation and you.haveaubcontracting andsupplier opportunities:ori f your DBE participation,isless Chari the_Gity'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 5:.00 p.rn.five (5)City business days after bid opening, exclusive of bid opening date,will result in the bid being considered non=responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OFF� IRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities �c<o5;on CCam o� Rev.05/30/03 V ATTACHMENT 1C Page 2 of 3 2,) Obtain a current(not more than three(3) months old from the bid open date) list of MIWBE subcontractors and/or suppliers from the City's MIWBE Office. Yes Date of Listing I 0Z i OJ5 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? -1Yes (If yes,attach MIWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 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? A—Yes Of yes,attach list to include name of MIWBE firm,person contacted,phone number and date and time of contact.) �No NOTA:'A facsimile may lie"used to comply With:either 3 or 4, but':may not be:used.for both: If a facsimile is used, attach the faSc confirmation, :which :is "to provide 'IW9f1MBE name,.date, time, .fax number and documentation faxed NOTEi1 lf-the list of MNVBEs fora particular.subcontract ngisupplier'opportunify.is ten(10) oraess,'the: bidder must contact the entire list to be in compliance with questions`3 and 4. If the list of WW Es for"a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must%contact at least two- thirds (213) of the list within such area of opportunity, but iiU less thanten to bee 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.) Submit documentation if MIWBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets,if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.05/30/03 V ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/V1/BE participation on this project. k-1S 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. InAuthorized 9i8s1denT of OHE GP LLC. Printed Signature It's General Partner Title Contact Name and Title(if different) C)Nal 4ait c �aUck_ Company Name Phone Number Fax Number Zdl NG� TqA, 1Z1-reZ+- kor�t ®eyvjlac, eon % Address Email Address - V40�4 . -M � t a$-pis City/State/Zip Date Idfro �ftl� u�G�.o ev.o5/3om PART B1—PROPOSAL �+ To: Mr. Charles R.Boswell City Manager City of Fort Worth ARBORLAWN DRIVE WEST OF BELLAIRE DRIVE TO BRYANT IRVIN ROAD ROADWAY GRADING CONTRACT—PHASE H UNIT I: GRADING IMPROVEMENTS DOE NO. 5127 err 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,T/PW Standard Specifications for Street and Storm Drain Construction 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 Department of Engineering 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: .w. w B-1 ARBORLAWN DRIVE ROADWAY GRADING CONTRACT—PHASE II UNIT I—ROADWAY GRADING IMPROVEMENTS SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BIDS UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1. 2 EA. Project Designation Signs; Per Each ® )� Auy,red Dollars and 40 Cents $4w,co $ 900.0,0 �• S.P. 2. 7 A.C. Clear and Grub R.O.W.; Per Acre 102 JWAX-WWQS4,td.o 1y Au ndred Dollars and rtv Cents $71n� 90•°O $5 �• S.P. 3. 4,029 C.Y. Unclassified Excavation; Per Cubic Yard 106 f-duJh. Dollars and Cents $ 4.0,0 $/��//b, 00 S.P. 4. 40,179 C.Y. Embankment; Per Cubic Yard /,/.�1� Dollars and • �► 'n� Cents $m.s $ S.P. 5. 1 L.S. Erosion Control; Per Lump Sum -r.,Jjt� 1�t.DuSct Dollars and h o Cents $ol our•°° $A04 mo.od TOTAL AMOUNT BID UNIT I B-2 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 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 successful bidder shall be required to perform the work in accord with the following publication,which is incorporated herein and made a part hereof for all purposes: _. 1. 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 calendar days after issue of the work order, and to complete the contract within 70 working 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) A. 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. r Nonresident 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-3 .o ..w 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, C�rJa.r Baal �>rcac�a�'.ca. I-4W- Title President of OHE GP LLC. It's General Partner Address Telephone: 1 7-4pa 4-740 7 (Seal) Date: B-4 2� ,�rwr �,.� SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS ?'abbe of Contaft .., 1. SCOPE OF WORK...................................................................................................................................SPA 2. AWARD OF CONTRACT......................................................................................................................SPA 3. PRECONSTRUCTION CONFERENCE.,.....».....................»..................................................................SP-4 4. EXAMINATION OF SITE ................................................................................................ SP-4 ...................... 5. BID SUBI%MAL....................................................................................................................................SP-5 6. WATER FOR CONSTRUCTION.............................................................................................................SP-5 7. SANITARY FACILITIES FOR WORKMERS.........................................................................................SP-5 8. PAYMENT...............................................................................................................................................SP-5 9. SUBSIDIARY WORK..............................................................................................................................SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC......................................................................................................................................SP-5 11. WAGE RATES»....»..................................................................................................................................SP-5 12. EXISTING UTII.ITIES.............................................................................................................................SP-5 13. PARKWAY CONSTRUCTION................................................................................................................SP-5 14. MATERIAL STORAGE..........................................................................»...............................................SP-5 15. PROTECTION OF EXISTING UTILITIES AND R-APROVEMENTS.«..„...................................................................................................................SP-6 16. INCREASE OR DECREASE IN QUANTITIES..........»..........................................................................SP-6 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS...........................................................SP-6 18. EQUAL EMPLOYMENT PROVISIONS......».........................................................................................SP-6 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE)COMPLIANCE................»..................»....,..........,.,.....................».........................................SP-7 20. FINAL CLEAN UP............................................................. , ..........................................................SP-8 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S ., COMPENSATION LAW..........................................................................................................................SP-8 22. SUBSTITUTIONS...................................................................................................................................SP-11 23. MECHANICS AND MATERIALSMEN'S LIEN...................................................................................SP-11 24. WORK ORDER DELAY ........................................................................................................................SP-11 25. WORKING DAYS 26. RIGHT TO ABANDON..........................................................................................................................SP-11 27. CONSTRUCTION SPECIFICATIONS ..................................................................................................SP-11 28. MAINTENANCE STATEMENT ...........................................................................................................SP-11 29. DELAYS .......................................................................................................I..........................SP-11 30. DETOURS AND BARRICADES ...........................................................................................................SP-12 31. DISPOSAL OF SPOIUFII.,L MATERIAL .............................................................................................SP-12 32. QUALITY CONTROL TESTING 33. PROPERTY ACCESS .............................................................................................................................SP-13 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES...............................................SP-13 35. WATER DEPARTMENT PRE-QUALIFICATIONS .............................................................................SP-13 36. RIGHT TO AUDIT .................................................................................................................................SP-13 37. CONSTRUCTION STAKES...................................................................................................................SP-14 38. LOCATION OF NEW WALKS AND DRIVEWAYS ..........................................................................SP-14 39. EARLY WARNING SYSTEM FOR CONSTRUCTION........................................................................SP-14 40. AIR POLLUTION WATCH DAYS.........................................................................................................SP-15 10/27/04 SP-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS CONSTRUCTION ITEMS: 41. PAY ITEM-UNCLASSIFIED STREET EXCAVATM.'.».....«»....»...........»...................................SP-15 42. PAY ITEM-6"REINFORCED CONCRETE PAVEMENT....»............................«............................SP-16 43. PAY ITEM-SILICONE JOINT SEALING..«.......«.............«.»..........«.„......,.....................................SP-16 44. PAY ITEM-7"CONCRETE CURB...............«...»..«... .« .«......»«....... ..,................... ...............SP-20 45. PAY ITEM-RETAINING WALL..........«..«..............«...:«.....:.«.......,«..«...........»..........................«....SP-20 46. PAY ITEM-REPLACE EXIST.CURB AND GLYrM.................««.«,..............................................SP-20 47. PAY ITEM-HMAC TRANSITION......».............«.........»..........«..................«..»..................................SP-20 48. PAY ITEM-6"PIPE SUBDRAIN...............«.«....,»...«.»...........................«........«...............................SP-20 49. PAY ITEM-TRENCH SAFETY......«...............--................................. SP-20 50. PAY.ITEM-8"THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION. .....................«...........«.«.. ... . ....................«...........................SP-21 51. PAY ITEM-6"HMAC PAVEMENT( UCKNESS TOLERANCES AND HMAC TESTING PROCEDURES)..........«.........«.«.»........«.................«.«....................................................SP-21 52. PAY ITEM-CONCRETE FLAT WORK(CURB,CURB&GUTTER,SIDEWALKS, LEADWALKS,WHEELCHAIR RAMPS AND DRIVEWAYS)«.«.................................SP-22 53. PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK,DRIVEWAYS,STEPS, LEADWALKS AND WHEELCHAIR RAMPS.............»... «....«................................SP-22 54. PAY ITEM-REMOVE EXISTING CURB AND C 7' I ;,.»».......».........«.«......«............................SP-22 55. PAY ITEM-REMOVE EXISTING CURB INLET...........»»»..............................................................SP-22 56. PAY ITEM-6"REINFORCED CONCRETE DRIVEWAY.................................................................SP-23 57. PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS«..«...............................................SP-23 58. PAY ITEM-4' STANDARD CONCRETE SIDEWALK,LEADWALK AND WHEELCHAIR RAMP,.«............«.»«...........«...................«................«...».....................SP-23 59. PAY ITEM-REMOVE AND REPLACE FENCE«.«.».«....................................«.................................SP-23 60. PAY ITEM-STANDARD 7"CURB AND 18"GLTL I' ..........««.. ......«...,......»..........................SP-24 61. PAY ITEM-REMOVE AND RECONSTRUCT MAILBOXES(MISCELL.ANEOUS...........................SP-24 62. PAY ITEM-BORROW...................................«.....................................»...........«................................SP-24 63. PAY ITEM-CEMENT STABILIZATION....«..............«....................«.»«..,«...«.,................................SP-24 64. PAY ITEM-CEMENT ......................«..............«............................. ...»...........................................SP-24 65. PAY ITEM-NEW T'CONCRETE VALLEY Guf ER.......».«.......«...................................................SP-24 66. PAY ITEM-STORM DRAIN WLETS.......................................................«...«....................................SP-25 67. PAY ITEM-TRENCH EXCAVATION ANN BACKFILL FORSTORM DRAIN..............«............,............»...............»...........................................SP-25 68. PAY ITEM-STORM WATER POLLUTION PREVENTION(FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE)................»...........,.....................................SP-25 69. PRE BID ITEM-PROJECT DESIGNATION SIGN.....».«..................................................................SP-27 70. PRE BID ITEM-UTILITY ADJUSTMENT,,.,.«...».«....«.....«..«..... .............».....................................SP-27 71. PRE BID ITEM-TOP S©IL...._.....................«..................«..................«............................................SP-27 72, PRE BID ITEM-ADJUST WATER VALVE BOX...................«............._........................................SP-28 73. PRE BID ITEM-MANHOLE ADJUSTMENT.....................................................................................SP-28 74. PRE BID ITEM-ADJUST WATER METER BOX.........................«....................................................SP-28 75. NON-PAY ITEM-CLEARING AND GRUBBING...............................................................................SP-28 76. NON-PAY ITEM- SPRINKLING FOR DUST CONTROL...................................................................SP-28 77. NON-PAY ITEM-PROTECTION OF TREES,PLANTS AND SOILS................................................SP-28 78, NON-PAY ITEM-CONCRETE COLORED SURFACE ................«. ................SP-29 10/27/04 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Conte 79. NON-PAY ITEM-PROJECT CLEAN-UP.............................................................................................SP-29 80. NON-PAY ITEM-PROJECT SCHEDULE.......................»...................................................................SP-29 81. NON-PAY ITEM-NOTIFICATION OF RESIDENTS..........................................................................SP-29 82. NON-PAY ITEM-PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..............SP-29 83. NON-PAY ITEM-PRE-CONSTRUCTION NEIGHBORHOOD MEETING.......................................SP-30 84. NON-PAY ITEM-WASHED ROCK.....................................................................................................SP-30 85. NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE..................................................................SP-30 86. NON-PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES ANDWATER VALVES..........................................................................................SP-30 87. NON-PAY ITEM-TIE-IN INTO STORM DRAIN STRUCTURE.......................................................SP-31 88. NON-PAY ITEM- SPRINKLER HEAD ADJUSTMENT.....................................................................SP-31 89. NON-PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS..............................SP-31 90. NON PAY ITEM-TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL(FOR DISTURBED AREAS LESS THAN 1 ACRE)...SP-31 91. NON PAY ITEM-TRAFFIC CONTROL..............................................................................................SP-32 10/27/04 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: Arborlawn Drive from Bellaire Drive to Bryant Irvin Road-Phase II ROADWAY GRADING CONTRACT D.O.E. NO.5127 1, SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Clearing and Grubbing of existing R.O.W.. Roadway Grading and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids: Unit 1 and Unit II constitute a package. If the Contractor submits a bid on both Unit 1 and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. The Contractor can bid either the HMAC alternate and/or the Concrete alternate. The additive alternate must be included in any bid. Bidders are hereby informed that the Director of the Department of Engineering reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City-City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time,details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting,the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project �- construction. As used herein,the term"Engineer" shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for .. protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining . 10/27/04 SP-4 contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids as appropriate and as determined by the Director of the Department of Engineering. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans,the General Contract Documents or these - special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102"Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7,"Legal Relations and Responsibilities to the Public"of the"Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth,Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates be paid. (Attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing „ utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess -- excavation will be disposed of at locations approved by the Director of the Department of Engineering. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities,which may be 10/27/04 SP-5 encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth,they are shown on 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. 16_ INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City 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 as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees,from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising ,. out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused,in whole or in part,by the negligence or alleged negligence of City,its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed 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. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400(Fort Worth City Code Sections 13-A-21 through 12- A-29)prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, ~- will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 10/27/04 SP-6 19. MINORITY AND WOMEN BUSINESS ENTERPRISE(M/WBE)COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. MIWBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM,as applicable, must be submitted within fine(5)city business days after bid opening. - Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts(other than a negligent misrepresentation)and/or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M1WBE 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 or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed MfWBE 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 its M/WBE participation commitments submitted with or subsequent to the bid, and, �~ 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 10/27/04 SP-7 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 MM/BEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW.is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an "m orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81,TWCC- 82,TWCC-83, OR TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 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. 10/27/04 SP-8 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 new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten(10)days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project, for the duration of the project; ^ (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all 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 form 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 10/27/04 SP-9 (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. - (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs(l)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil ° penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE ` The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted 10/27/04 SPA 0 until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term"or equal", or"or approved equal"is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal",or"approved equal"is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is,in fact,equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to"substitutions"shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. „ 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 26. RIGHT TO ABANDON:The City reserves the right to abandon,without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT:The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two(2)years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the 10/27/04 SPA 1 Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval;and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. 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." 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering 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 Ordinance of the City of Fort Worth(Ordinance No. 10056). All disposal sites must be �- approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. 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 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 on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City.The failure of the City to make any tests of materials shall in no way 10/27/04 SP-12 relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (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. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating ~~ cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. 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 10/27/04 SP-13 working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (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 for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES: The City,through its Surveyor or agent,will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical.One set of stakes shall be set for all utility construction(water,sanitary sewer,drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost,destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place,then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway,with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by - 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall 10/27/04 SPA 4 provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. " 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, ,. through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA -- as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. CONSTRUCTION 41. PAY ITEM- UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications goveming this item. Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer, 10/27/04 SP-15 The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM- 6" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314"Concrete Pavement,"shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage,the following policy will apply: (1) When the crack is minor and due to shrinkage(cosmetic),then no further treatment will be needed. (2) If the crack is due to distress(structural),the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43. PAY ITEM-SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials"of STANDARD ~ SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001 543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year -- 10/27/04 SPA 6 demonstrated,documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Coming 890-SL self-leveling silicone joint sealant as manufactured by Dow Coming Corporation, Midland, MI 48686-0994, or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 ***` Skin-Over Time, minutes max. 60 ***` Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED-AFTER ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150%Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. -- The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail" sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail' sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints, the initial 1/4 inch width"green"saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly 10/27/04 SPA 7 saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw:The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump:The high pressure cold water pumping system shall " be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slung from the saw-cut joint. 4.4 Air Compressors:The delivered compressed air shall have a pressure in excess of 90 psi and 120 dm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. - 4.5 Extrusion Pump:The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool:This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster:The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument:These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General:The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints:The joints shall be saw-cut to the width and depth as shown on the"Construction Detail"sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing,the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. , When the Contractor elects to saw the joint by the dry method,flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air.(Paragraph Rev. 1, °- 10/27/04 SPA 8 October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape:The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F(4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the .., pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints:A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dryjoints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot(L.F.)as provided in"MEASUREMENT"for"SILICONE JOINT SEALING",which price of shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans 10/27/04 SP-19 r , v and these specifications. 44. PAY ITEM- 7'CONCRETE CURB: The Contractor may,at his option, construct either integral or superimposed curb. Standard Specification item 502 shall apply except as follows: Integral curb shall be constructed along the edge ..� of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty(30)minutes after the concrete in the slab. If the Contractor fails to backfill behind-the curb within seven(7)calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 45. PAY ITEM- RETAINING WALL: This item will consist of placing retaining walls in locations and at heights determined by the engineer in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows: Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall With Sidewalk"where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will , be protected. Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 46. PAY ITEM-REPLACE EXIST. CURB AND GUTTER: This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "REPLACE EXIST. CURB AND GUTTER" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to .-• complete the work. 47. PAY ITEM-HMAC TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 48. PAY ITEM- -6' PIPE SUBDRAIN: No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 49. PAY ITEM- TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. r 10/27/04 SP-20 The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition,comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal,which shall be total compensation for furnishing design, materials, tools, labor,equipment and incidentals necessary, 4 including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 50. PAY ITEM -8"THICK LIME STABILIZED SUBGRADE &CEMENT FOR SUBGRADE STABILIZATION: See Standard Specifications Item No. 210, "Lime Treatment(Material Manipulation)" and Specification Item No.212, "Hydrated Lime and Lime Slurry for specifications governing this item. Quantities for this pay item are approximate and are given only to establish a unit price for the work. The price bid per square yard for"8"THICK LIME STABILIZED SUBGRADE"as shown in the Proposal will be full payment for all labor, equipment,tools and incidentals necessary to complete the work. The price bid per ton for"LIME FOR SUBGRADE STABILIZATION"as shown in the Proposal will be full payment for materials necessary to complete the work. 51. PAY ITEM-6" H.M.A.C. PAVEMENT(Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a �- 3"deep Type"D"course placed in one lift. All provisions of Standard Specification No. 312.7 'Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than '/ of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the pian thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1)found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete .. course of a thickness exceeding that required by the plans and specifications. 10/27/04 SP-21 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type"B"and"D"asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two(2)years old. Upon submittal of the design mix a Marshal (Proctor)will be calculated, if one has not been previously calculated,for the use during density testing. For type"B"asphalt a maximum of 20% rap may be used. No Rap may be used in type"D" Upon approval of an asphalt mix design and the calculation of the Marshal(proctor)the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory,through the inspector,at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will -- provide the required densities. The required Density for Type"B"and for Type"D"asphalt will be 91%of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type"B"and"D"asphalt. Densities on type"B" must be done before Type"D"asphalt is applied. Cores to determine thickness of Type"B"asphalt must be taken before Type"D"asphalt is applied. Upon completion of the application of Type"D"asphalt additional cores must be taken to determine the applied thickness. 52. PAY ITEM- CONCRETE FLAT WORK(CURB. CURB&GUTTER. SIDEWALKS, LEADWALKS. WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks,wheelchair ramps and driveways as shown in the plans.This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed,which includes backfilling and finished grading. 53. PAY ITEM—REMOVE EXISTING CONCRETE SIDEWALK DRIVEWAYS STEPS LEADWALKS - AND WHEEL CHAIR RAMPS: This item includes removal of existing concrete sidewalks, driveways, steps, leadwalks and wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item No. 104"Removing Old Concrete",for Specifications governing this item. 54. PAY ITEM—REMOVE EXISTING CURB AND GUTTER: . Where shown on the plans or where designated by the Engineer,existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, " tools, and incidentals necessary to complete the job. 55. PAY ITEM—REMOVE EXISTING CURB INLET: This item shall include all labor, materials, and equipment necessary to remove and dispose of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. * � i 10/27/04 SP-22 56. PAY ITEM—6"THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504, "Concrete Sidewalks and Driveways"for specifications governing this item as well as details S-S5 and S-SSA. The price bid per square foot for"6"THICK REINFORCED CONCRETE DRIVEWAY"as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 57. PAY ITEM—REMOVE AND CONSTRUCT CONCRETE STEPS: See Standard Specification Item No. 516,"Concrete Steps"for specifications governing this item as well as details SM-3. The price bid per each for"REMOVE CONCRETE STEPS"and"CONSTRUCT CONCRETE STEPS" as shown in the Proposal will be full payment for materials including all labor, equipment,tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 58. PAY ITEM—4'STANDARD CONCRETE SIDEWALK LEADWALK AND WHEELCHAIR RAMP: All applicable provisions of standard Specifications Item 104"Removing Old Concrete"and Item 504 "Concrete Sidewalk Driveways"shall apply except as herein modified. " The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. . The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division, TPW(Phone 871-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufacturers instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." 59. PAY ITEM—REMOVE AND REPLACE FENCE: This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 60. PAY ITEM—STANDARD 7"CURB AND 18"GUTTER: 10/27/04 SP-23 All provisions of Standard Specification No. 502'Concrete Curb and Gutter' shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: a. A minimum of 5"or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. b. If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7)calendar days of pouring the curb and gutter, the amount paid for the curb and gutter shall be reduced by 25%until the backfill operation is complete. Standard Specifications Item No. 502, shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand(3,000)pounds per square inch in twenty-eight(28) days. The quantity of mixing water shall not exceed seven(7)gallons per sack(94 lbs.)of Portland Cement. The slump of the concrete shall not exceed three(3)inches. A minimum cement content of ri five(5)sacks of cement per cubic yard of concrete is required. 61. PAY ITEM—REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS: This item includes the removal and reconstruction of existing mailboxes, brick walls,flowerbed trim and miscellaneous items within the right of way which may be damaged or removed during construction. When possible,the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition. All applicable provisions of City of Fort Worth Construction Standards shall apply. 62. PAY ITEM—BORROW: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter as shown on the proposal and will be full compensation for the removal and disposition of the curb,curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. 63. PAY ITEM—CEMENT STABILZATION: All applicable provisions of Item 214, 'Portland Cement Treatment'shall apply. 64. PAY ITEM—CEMENT: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 65. PAY ITEM—NEW 7"CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined -~ in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. 10/27/04 SP-24 See standard specification Item No. 314", Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, 'Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314"Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven(7)calendar days. 66. PAY ITEM—STORM DRAIN INLETS: An alternative method of construction for these items will be"Pre-Cast" manholes and inlets. If the Contractor desires to use this method, he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable. The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, "Manholes and Inlets"and said construction shall be in compliance with all other requirements of Item 444 where applicable. 67. PAY ITEM—TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN: Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area. Payment will be made for the quantity of earth excavated/backfilled. The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be, but not limited to: rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. 68. PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity).The Contractor is defined as an"operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.b(.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.htmi. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. -- NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOI)form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water 10/27/04 SP-25 discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site.The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required$100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality �- Storm Water&General Permits Team; MC-228 P.O. Box 13087 Austin,TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth,TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water&General Permits Team; MC-228 P.O. Box 13087 Austin,TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along �. with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The Contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the -• preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the Contractor must be prepared and submitted by the Contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures -- 10/27/04 SP-26 necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water " pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. FOR DISTURBED AREAS LESS THAN 1 ACRE, SPECIAL PROVISION 23 - 40 SHALL BE APPLICABLE. 69. PRE BID ITEM-PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of Y4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70. PRE BID ITEM - UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where -- such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 71. PRE BID ITEM - TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) -. over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. 10/27/04 SP-27 Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 72. PRE BID ITEM- ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade.The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. 73. PRE BID ITEM- MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No.450 shall apply except as follows: Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. 74. PRE BID ITEM- ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.1'of specified parkway grade. The unit price bid will be full payment for materials including all labor, equipment,tools and incidentals necessary to complete the work. 75. NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76. NON-PAY ITEM-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 incidental to this contract. 77. NON-PAY ITEM-PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, ^ removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871- 5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 78. NON-PAY ITEM- CONCRETE COLORED SURFACE: 10/27/04 SP-28 Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 79. NON-PAY ITEM - 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: Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property 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)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80. NON-PAY ITEM- PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will -• work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM- NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw- cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 82. NON-PAY ITEM- 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 10/27/04 SP-29 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. 83. NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector,and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. - 84. NON-PAY ITEM- WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-10 112" 40-75 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. 85. NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 86. NON PAY ITEM- LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. The Contractor shall attempt to include the construction engineer(if he is available)in the observation and marking activity. In any event a street shall be completely marked a minimum to two(2)working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on °- the project. As the recycling is completed (within the same day)the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone (817)338-6275 "Hot Line" 10/27/04 SP-30 Texas Utilities (817)336-9411 ext. 2121 Mr. Roy Kruger Lone Star (817)336-8381 ext. 372 Mr.Jim Bennett Of course, under the terms of this contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five(5)working days after completing the laying of proposed H.M.A.C.overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 87. NON PAY ITEM—TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. _. 88. NON PAY ITEM—SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. 89. NON PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street use permits is in effect. In addition, a separate fee for re-inspections for parkway construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: The street permit fee is$50.00 per permit with payment due at the time of permit application. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 90. NON PAY ITEM -TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): 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 measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dames, 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 REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the ~� Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to 10/27/04 SP-31 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. Frequent fordings of live streams will not be permitted;therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. 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. 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 5. 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. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of ^~ soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. 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. 91. NON PAY ITEM-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) 392-8712, at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. 10/27/04 SP-32 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 shalt leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during 'peak traffic periods' as determination by the City Traffic Engineer and in accordance with the applicable provision of the 'City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas! 10/27/04 SP-33 (To be printed on Contractor's Letterhead) Date �_ .. _.. DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: - LIMITS OF CONST.: Estimated Duration of Construction on your Street: days 41, .,r `� ..�„�.:�` �'' � `.i � •; `mss. #"' '��'-�R..%`a_'r,: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE -' CITY OF FORT WORTH, OUR COMPANY WILL <REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT -'TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 10/27/04 SP-34 i . CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOU LYReTE Asphalt Raker $10.32 ; Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter.(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Shudures $13.44 Flagger $7.00 Form $13.44 ... Form Setter-PavkV&Curbs $10.25 Form Setter-Stnxkwes $9.75 Laborer-Common $7.64 Laborer-J ft 13.64 Mechanic >F13.25 Servicer $10.13 Pipe Layer $7.35 r Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 � > Asphalt-Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane,Clwnshell,Backhoe,Derrick,Dragliin,Shovel{<1 112 CY) $10.00 j Oran,Clamshell,Backhoe,Derrick,Dragiine,Shovel(>11/2 CY) $11.82 . Front End Loader(2 1/2 CY&less) $9.94 Front End Loader(over 2112 CY) $9.32 Milling Machine Operator $8.00 Macer $11:00 Motor Grader Operator(Fine Grade) $12.31 t Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller,Steel Wheel Plant-Mix Pavements $9.88 ROW Steel Wheel Other Fiafiaheel or Tamping $12.12 Roller,Pnrraak Sel(-propelled Scraper $8.02 ' Traveling Mixer 110:00 j 1140ordng Steel Setter(Paving) Truck Driver Axle WIQ $9.75 ! Truck Driver Tandem A)de Semi-Trailer $1022 Truck Diver-Lowboy/Float $10.54 Thick Driver-Transit M'a- $10.63 Thick Driver-Winch $9.80 - i } 1 L 1 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-residents principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non- resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. °-° Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. b. Our principal place of business of corporate offices are in the State of Texas. BIDDER: Company 4 (please print) C901 Ulf ► rOP Signature:_ t7z tt--h / President of OHE GR I.I.C. _ 1/l1Dh 7�P I()�P Title: City, State Zip (please print) THIS FORM MUST BERETURNED WITH YOUR QOTATION a air CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH DATE: 1/9/06 1000 Throckmorton St. Fort Worth,Texas 76102 NAME OF PROJECT: Arborlawn Drive,Phase II(West of Bellaire Drive to Bryant Irvin Road)—Roadway Grading .. PROJECT NUMBER: DOE NO.-5127;C 115-020115023231 Ar THIS IS TO CERTIFY THAT: Orval Hall Excavating,Ltd.,201 Northeast 29'h St.,Fort Worth TX 76106 is at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, + and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE r Policy No. Effective Expires Limit of Liability Workers' Compensation WC 3994410-02 10/01/05 10/01/06 $ 500/500/500 Comprehensive General $2,000,000 Gen.Agg. Liability Insurance CPO 03799384-01 10/01/05 10/01/06 $1,000,000 Each Occ. (Public Liability) Blasting CPO 03799384-01 10/01/05 10/01/06 $1,000,000 Each Occ. Collapse of Buildings CPO 03799384-01 10/01/05 10/01/06 $1,000,000 Each Occ. or structures adjacent to excavations Damage to Underground CPO 03799384-01 10/01/05 10/01/06 $1,000,000 Each Occ. Utilities Builder's Risk + Comprehensive Automobile TAP 3994412-02 10/01/05 10/01/06 $1,000,000 Each Occ. Liability Contractual Liability CPO 03799384-01 10/01/05 10/01/06 $1,000,000 Each Occ. ,., Umbrella ULP0001824-01 10/01/05 10/01/06 $15,000,000 Each Occ. Locations Covered: All Operations for the City of Fort Worth Description of Operations Covered: Roadway Grading_Contract,Phase II,City of Fort Worth,TX -Arborlawn Drive from West of Bellaire Drive to Bryant Irvin Road The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed *w or cancelled by the insurer in less than five (5) days after the insured has received written notice of such change or cancellation. an Where applicable, local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body or by appropriate endorsement thereto attached. The City, its officers, employees and servants are named as Additional Insureds on all policies except Workers Compensation. .,, Waiver of Subrogation in favor of the City of Fort Worth applies as respects Workers Compensation coverage. Agency: Aon Risk Services of Texas,Inc. ." Agent: Jerry P.Rose By: Address: 2711 N.Haskell,Dallas,TX 75204 Title: Executive Vice President C`? PLr CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.5127 and City of Fort Worth Project No. C115- 020115023231. CONTRACTOR Orval Hall Excavationg, Ltd. By: .Y Name: - M ,F dzid� President of OHE GP, LLC. Title: It's General Partner Date: t—t u STATE OF TEXAS § COUNTY OF TARRANT § 1 ,B7E%�, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Orval Hall Excavationq, Ltd. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this ILAay of LORA MOODY 11 1� '^ Texas No Pubria.State of TslJ� — My Commission Expires Notary Public in and for the State of Texas T ,o �nnA May K r Bond No, 104392994 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: as COUNTY OF TARRANT § St. Paul Fire and Marine That we (1) Orval Hall Excavationg, Ltd. as Principal herein, and (2)Insurance Company , a corporation organized under the laws of the State of(3) Minnesota_, and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein, in the sum of: Five Hundred Sixteen Thousand Two Hundred Forty-one and 61/100......................... ($516,241.61)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the 20th of December, 2005 a copy of which is attached hereto and made a part hereof,for the construction of Arborlawn Drive,Phase II(West of Bellaire Drive to Bryant Irvin Road)-Roadway Grading NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government �-- Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 20`h of December.2005. ATTEST: Orval Hall Excavations.Ltd. ,.� Principal)Secretary„ PRINCIPAL(4) L f' 0�- BY: President o . .. Title: ,s Gema,,, or.,.Mw (SEAL) 201 NE 29th Street Fort Worth,TX 76106 w (Address) In St. Paul Fire and Marine Insurance Company w Witkis as to PrinciRal urety Address 1&ima BY: vV�� wrr ATT T: Lisa M. Bonno ey-in-fact)(5) (Suretyy Secretary 385 Washington Street St. Paul, MN 55102 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Witness as to Surety 2711 N. Haskell Avenue #800, Dallas, TX 75204 (Address) z - Bond No. 104392994 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: rr COUNTY OF TARRANT § St. Paul Fire and Marine That we,(1)Orval Hall Excavationg,Ltd.,as Principal herein,and(2) Insurance Company a corporation organized and existing under the laws of the State of(3) Minnesota , as surety, are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties, w Texas, Obligee herein, in the amount of Five Hundred Sixteen Thousand Two Hundred Forty-one and 61/100......................... Dollars ($516,241.61) for the payment whereof, the said Principal and Surety bind •• themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the 20th day of December,2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: Arborlawn Drive,Phase II(West of Bellaire Drive to Bryant Irvin Road)-Roadway Grading ■. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253, Texas Government Code, as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 20th day of.December 2005. rir f Bond No. 104392994 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § St. Paul Fire and Marine That Orval Hall Excavations, Ltd. ("Contractor"), as principal, and Insurance Company . a corporation organized under the laws of the State of Minnesota , ("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, ("City") in Tarrant County, Texas, the sum of Five Hundred Sixteen Thousand Two Hundred Forty-one and 611100..................................................................................................................... Dollars ($516,241.61), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 20th of December, 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Arborlawn Drive, Phase II (West of Bellaire Drive to Bryant Irvin Road) - Roadway Grading -- the same being referred to herein and in said contract as the Work and being designated as project number(s) C115-020115023231 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this 20th day of December, A.D. 2005. ATTEST: Orval Hall Excavationa, Ltd. (S E A L) Contractor j4z By: Secretary � � i��. C---p Name: /�i Title: President of OHE GP Ifs eral Partner ATTEST: St. Paul Fire and Marine Insurance (S E A L) Surety company 11 By: v Secreta Name: Lisa M. o not Title: Attorney-in-fact .M. 385 Washington Street r St. Paul, MN 55102 Address POWER OF ATTORNEY STPAUL Seaboard Surety Company United States Fidelity and Guaranty Company r' TRAVELERS St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company ® Power of Attorney No. 22824 Certificate No. 2364964 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under .� the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint til Sheila Young,Lisa M.Bonnot,Robbi Morales,Don E.Cornell,Jerry P. Rose,Anuj Jain,Luke J.Nolan,Jr.and Chris J.Kutter Dallas Texas of the City of State their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Intl IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 25th day of September 2002 Seaboard Surety Company United States Fidelity and Guaranty Company r" St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company SlY�f7Y F\0.E 6 0.Y IMS P�.IMSUAa �Y� •.Gff J. * � �� 4P jtO11PvR�)f�C+ prfPRiOi�lfyP, �4 � N��4trQ 92 ;i t tg" gs° y9n g JOHN F.SIMANSKI,JR.,Vice President ,� � �;SEAL'o'! e�•.SBJCL:'i N br 1951 m n � �� "wpm„".:F .Ax✓ '�A71 AIN d *� ^�„ State of Maryland City of Baltimore ROBERT P.MCGUIRE,Assistant Secretary w On this 25th da of September 2002 y ,before me,the undersigned officer,personally appeared John ft Simanski,Jr.,and Robert P.McGuire,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said r� Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. w eFS'GPE�r In Witness Whereof,I hereunto set my hand and official seal. Orft, 4C w My Commission expires the 1st day of July,2006. 9F Cal JO REBECCA EASLEY-ONOKALA,Notary Public 86203-11-04 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and or effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the w Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and r� RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case, subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. r. I, Robert P.McGuire, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 20th day of December 2005 SAIflEIY F\aE a `x"..:MSG G\xS 9 413TY�'t0' �•• � F. _ _ Y���V -' � j tOOP011�1f7t P�:�pPON�l�:.,^ � �C s SEAL o ��,SBJCL'i .n .r �F 19 °"�" "„ ��s•�"+ 6`° f ttNd F ROBERT P.MCGUIRE,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-42 nd or the PRQ*4A�amey clerk. Please refer to the Power of Attorney number, the above-named is 7viduals and the details of the bond to whll lte p hekQ?�1 Orval Hall Excavations, Ltd. PRINCIPAL ATTEST: By: ,.i �. , ; >� a no-�- Name: Kk F.- �2Q (Principal) Secretary ,; President of OHE GR L Lc- 1 P �. Title: (S E A L) Address: 201 NE 29th Street i/1 Fort Worth, TX 76106 2, Wiffiess as to Principal St. Paul Fire and Marine Insurance SURE Y C pany ATTEST: By: Name: Lisa M. onnot SecretaryAttorney in Fact (S E A L) Address: 385 Washington Street St. Paul, MN 55102 Witness as to Surety Telephone Number: 214/570-6633 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. S T PA U L St.Paul Travelers Bond O1301TRAVELERS ichr Collins Blvd Richardson TX 75081 Phone:800-842-0612 Fax:214-570-6405 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 20th day of December A.D., 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11`x' day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Orval Hall Excavations,Ltd., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: ,. 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Arborlawn Drive,Phase II(West of Bellaire Drive to Bryant Irvin Road)-Roadway Grading 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City r„r of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of rr the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 70 working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the .� sum of$315 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. w. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to +� carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of ,., and complete the work in such a manner as it may deem proper, and if in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, �. damage or death is caused, in whole or in part, by the negligence or allayed negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and .s employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior .� to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed �1 under a City Contract. wr. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates a/a, shall be Five Hundred Sixteen Thousand Two Hundred Forty-one and 61/100.........................Dollars, ($516,241.61). ,- 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto ■„ and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 .. counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 20th day of December.A.D., 2005. �� -���•r �—fin RECOMMENDED: CITY OF FORT WORTH r DIRECTOR,DEPARTMENT OF CITY MANAGER ENGINEERING , APPROVED: Marc A. O ssistant City Manager TRANSPO ATION/PUBLIC WORKS DIRECTOR ATTEST: Orval Hall Excavationz,Ltd. 201 NE 29th Street Fort Worth,TX 76106 *• CONTRACTOR CITY SECRETARY .. (SEAL) Contract horiz tion BY: President of OHE GP I.I.C. Date Its General Partner ,.� TITLE �w APPROVED AS TO FORM AND LEGALITY: ADDRESS AS . CI AT ORNEY November 1960 Revised May 1986 Revised September 1992 rII W �e p STORM WATER POLLUTION PREVENTION PLAN FOR ARBORLAWN DRIVE FROM BELLAIRE DRIVE TO BRYANT IRVIN ROAD PHASE II In The City of Fort Worth, Texas TARItANT COUNTY, TEXAS �. HUITT-ZOLLARS INCORPORATED 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. leXfµAMD %T LOHN 6. P L:r , (44?7— zg7f 3tyG. Name&Company STORM WATER POLLUTION PREVENTION PLAN TABLE OF CONTENTS ITEM PAGE I. Site Description/Information............................................................................................. 1 A. Nature of Construction Activity B. Sequence of Major Activities C. Estimates of Total and Disturbed Areas - D. Estimate of Post-construction Runoff Coefficient E. Existing Soils&Runoff Quality Data F. Site Map(s),Narrative G. Receiving Waters H. Threatened or Endangered Species and Historical Places. II. Controls.............................................................................................................................2 A. Erosion and Sediment Controls B. Storm Water Management C. Other Controls III. Maintenance.............................................................. ....4 IV. Inspections.........................................................................................................................4 V. Non-Storm Water Discharges...........................................................................................5 VI. Notice Of Intent(NOI)......................................................................................................5 VII. Certification of Contractors..............................................................................................5 VIII. Notice of Termination(NOT)...........................................................................................5 Dt. Maintenance of Records...................................................................................................5 X. Posting of Permit Documents ......................................5 ..................................................... XI. Plan Revisions/Modifications...........................................................................................6 rr Glossary.............................................................................................................................7 APPENDIX......................................................................................................................................8 Site Maps(See engineering plans) Erosion&Sediment Control Details(See engineering plans) .. Inspection Forms&Reports Notice Of Intent Forms(Copies) Notice of Termination Forms(Copies) Record of major soil disturbing activities Record of Revisions/Modifications Storm Water Pollution Prevention Plan This plan has been prepared in accordance with the requirements of the Final NPDES General Permit for Storm Water Discharges from Construction Sites in Region 6, as published in the Federal Register on July 6, 1998. Should contract documents conflict with the minimum requirements of the General Permit, State or local requirements,the more stringent requirements shall apply. In accordance with the requirements of the NPDES General Permit for Storm Water Discharges from construction sites, all contractors and subcontractors shall at all times take necessary measures to prevent the flow of sediment and other materials from the work site into the storm sewer system or to any receiving water. Such measures may include; but are not limited to, the placement of straw bale erosion checks and inlet protection, silt fence, ripmp stabilization,grassing,sodding,etc. I. Site Description A. Nature of the Construction Activity. Preliminary,"rough"roadway grading for new Arborlawn Drive extending from Bellaire .� Drive to Bryant Irvin Road. B. Sequence of Major Activities which disturb soil. (Descriptive) Major soil disturbing activities that will take place include: ■Clearing and Grubbing ■Roadway grading to proposed bottom pavement elevation ■ Cleanup/Final stabilization The site drainage areas and grading are indicated on the drawings and maps found in the �. engineering plans. C. Estimates of Total Area&Area to be Disturbed. The total area of Arborlawn Drive, Phase H is 7.1 acres. Approximately 1001/6 of this area is expected to be disturbed by construction activity. D. Estimate of Post-Construction Runoff Coefficient. The overall estimated post-construction runoff coefficient for this construction site is based on City of Fort Worth Drainage Design Criteria. Post construction runoff coefficient is 0.60. E. Existing Data Giving Soils Information and Quality of any Discharge from the Site. A geo-technical report for Phase II has not been prepared. No data exists on storm water runoff quality from this project. F. Site Map Information: The following information can be found on the maps sheets given on the engineering plans. -Site drainage patterns -Approximate slopes after grading -Areas of soil disturbance -Outline of areas not to be disturbed -Location of major structural&non-structural controls -Surface waters G. Name of and Location of Discharges to Receiving Water(s)and Area of Wetland Acreage at the Site. All storm water runoff discharges to the Clear Fork of the Trinity River. Wetlands have not been identified within the project area. H. Name of and Location of Threatened,or Endangered Species and Historical Place at the Site. This site is not on the list or eligible for the National Register of Historical Places. The Threatened and Endangered List published by the US Fish and Wildlife Service lists: Bald Eagle—Threatened Interior Least Tem-Endangered Whooping Crane—Endangered as endangered or threatened species in Tarrant County.The existing project habitat does not support the above listed species and therefore,no threatened or endangered species exist on site. H. Controls In general, for this project the Contractor shall be responsible for the selection and implementation of erosion and sedimentation control and stabilization measures as necessary. Appropriate preventative and control measures shall be implemented prior to corrmnencing any activity which disturbs the existing surface or could otherwise be considered a pollutant source. The Contractor shall take such measures as necessary to assure compliance with the requirements and intent of the NPDES General Permit for storm water discharges from this project. Such measures shall include,but are not limited to the installation and maintenance of the following: ■ Perimeter controls such as silt fence, straw bales, or equivalent to prevent offsite sedimentation and/or to prevent run-on to the site. ■ Silt fence, straw bale, or equivalent erosion checks for ditch and inlet protection to eliminate soils,sediments,or other debris from entering the drainage systems or receiving waters. .w ■ Silt fence,straw bale,or equivalent sediment barrier around the perimeter of stockpiled soils. ■ Other controls,as wan-anted by field conditions and sequencing. ■ Final stabilization of the site shall be achieved by the Contractor prior to acceptance of the project by the Owner. At a minimum,the Contractor shall install the measures shown on the Erosion Control Plan. A. Erosion&Sediment Controls 1. Stabilization practices To reduce the erosion potential of disturbed areas, temporary seeding, permanent seeding, mulching or sod stabilization procedures, or their equivalent, must be initiated on all disturbed areas within 14 calendar days of last activity in that area as required by the General Permit. ^� The owner's construction manager will keep a record of when major activities occur,temporarily or permanently cease,and when stabilization measures are initiated A copy of this record will be kept with this plan on-site. 2. Structural practices The disturbed surface areas for this project are comprised of relatively small drainage areas. "mm Within these small areas,erosion and sedimentation can be effectively controlled using silt fences and sediment traps,as shown on the erosion control plan. During construction and until the site is adequately stabilized,ditches,curb inlets,and basin and drop inlets shall have stone siltation structures, straw bale erosion checks, straw bale dikes, or equivalent installed to significantly reduce the amount of soil and silt entering the underground drainage system and/or receiving waters. All stockpiled soil will be surrounded by a silt fence or equivalent to properly control sediment runoff. At a minimum, silt fences will be used as sediment controls on the sideslope and downslope boundaries of the construction and staging areas. The Contractor is encouraged to limit the number of access points to the site as both a safety measure and a pollution prevention measure. The Contractor shall submit proposed locations of Stabilized Construction Entrances, if different from those shown on the plans, to the Engineer. The Contractor will at all times take such measures as required to minimize off-site tracking of sediments and debris. Where offsite tracking does occur,the Contractor shall promptly remove any such material or debris. The proposed measures for erosion and sedimentation control during construction satisfy the intent of State and local requirements. The applicable erosion control drawings are given in the engineer's plans(Erosion Control Plan,Erosion Control Details). B. Storm Water Management Permanent erosion control and sedimentation control measures will be in place when construction is completed and prior to submittal of the Notice Of Termination. Specific locations of these stabilization measures are not given in the drawings but consist generally of the following items. Permanent seeding, mulching or sod stabilization procedures, or their equivalent, shall be initiated on all disturbed areas within fourteen(14)calendar days of last activity in that area. The proposed measures for erosion and sedimentation control after construction satisfy the intent of the State and local requirements. C. Other Controls The Contractor shall at all times take such measures as required to minimize off-site tracking of sediments and debris. Where offsite tracking does occur,the Contractor shall promptly remove any such material or debris. The Contractor shall comply with all Federal, State, and local regulations regarding the collection,storage,and disposal of solid,sanitary,septic,or hazardous waste materials. The Contractor shall designate a maintenance area for his equipment and shall comply with all applicable federal, state, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits)regarding the storage,treatment,or disposal of any hazardous materials utilized on the construction site or construction staging areas. In the event of a spill of oil, fuel, or other hazardous material, the Contractor shall notify the appropriate agencies and shall immediately take action to control, contain, and clean up the spill. The Contractor is responsible for all costs,permits,fines,or penalties associated with any spill and shall submit to the Owner copies of any associated paperwork. Should the Contractor delay in spill cleanup,the Owner reserves the right to have the cleanup performed by a licensed disposal contractor at the Contractor's expense. Indemnification: The Contractor shall defend,indemnify and hold harmless the Owner and the Engineer and their respective officers,agents and employees,from and against all damages,claims,losses,demands, suits,judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from non-compliance with this section or the Storm Water Pollution Prevention Plan (SWPPP). Other Permits No other permits known. III. Maintenance -- The Contractor shall protect erosion and sediment control devices from damage and shall repair and replace dikes, erosion checks, sediment traps, silt fences, and overflow outlets when damaged by construction, natural, and other physical causes. All soil erosion and sediment control devices shall function as originally intended. All stock piled soil shall be surrounded by a straw bale dike,silt fence,or equivalent to properly control sediment runoff. Temporary seeding, permanent seeding, mulching or sod stabilization procedures, or their equivalent,must be initiated on all disturbed areas within fourteen(14)calendar days of last activity in that area. Stabilized Construction Entrances shall be top-dressed with additional stone as necessary to maintain their effectiveness. The Contractor will at all times take such measures as required to minimize off-site tracking of sediments and debris. Where offsite tracking does occur, the Contractor shall promptly remove any such material or debris. Accumulated sediment shall be removed and disposed of as required to keep the control measure . functional. Excess accumulation of sediment at erosion control devices will not be permitted. Inspection services provided by the owner or owner's representatives do not relieve the Contractor's responsibility for inspection and maintenance of the erosion control measures or his duty to comply with this plan and the conditions of the NPDES General Permit. -- IV. Inspections The site will be inspected by a qualified representative of the CONTRACTOR at least once every FOURTEEN calendar days and within 24 hours of the end of a rainfall event of 0.5 inches or greater. ' Where sites have been finally stabilized, inspection will be conducted at least once every month until a Notice of Termination(NOT)is filed for this project. The inspections shall be for evidence of or the potential for pollutants entering the drainage system In particular, inspection should be made of disturbed areas, storage areas, discharge locations, erosion and sediment control measures, and points of entrance and exit to the site. The inspector shall indicate in his report if rainfall has occurred since the last inspection. When possible, the date and volume of rainfall should also be recorded. A written inspection report will be kept and filed with this plan. Any modifications or revisions to the plan based on results of the inspections shall be made for timely implementation of any changes within seven days of the inspection. Reports shall identify any incidents of non-compliance with the SWPPP and the General Permit and actions taken to ensure compliance. - V. Non-Storm Water Discharges There are no anticipated non-storm water discharges,other than waterline flushings and irrigation runoff, from this site. VI. Notice Of Intent(NOI) For this project,the parties identified below will each file,as co-permittees,a Notice Of Intent(NOI)with the EPA. A copy of each NOI submitted for this project will be posted at the construction site in a prominent place for public viewing. Copies are also included in the Appendix of this document. Grading Contractor: To Be Determined City of Fort Worth Under no circumstances will any construction activities identified as potential pollutant sources commence on this contract until 48 hours after submittal of the NOI. VII.Certification of Contractors Certification of contractors is not required by the Final NPDES General Perot for Storm Water Discharges from Construction Sites in Region 6,as published in the Federal Register on July 6, 1998. VIII. Notice of Termination A Notice of Termination(NOT) may be filed for each co-permittee after the portion of work for which said co-permittee is responsible is finally stabilized and accepted by the Owner and the DCDD4 (where applicable). The Contractor shall not file an NOT without the prior approval and acceptance of the work by the owner and the DCDD4. A copy of any NOT's filed in association with this project shall be submitted to the owner and filed with this plan. IX. Maintenance of Records This plan and the records required herein will be kept by the owner for a minimum period of three (3) years following the date of final stabilization in accordance with the requirements of the General Permit. X. Posting of permit documents A copy of any Notice Of Intent(NOI)forms submitted for this project will be posted,along with a project description,in accordance with the NPDES General Permit requirements and regulations. Posting can be on the job-site bulletin board or work trailer. Copies of these forms are also contained in this document. M. Plan Revisions/Modifications This plan shall be amended whenever there is a change in design,construction,operation,or maintenance, which has a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the plan or if the plan proves to be ineffective in eliminating or significantly minimizing pollutants or in otherwise achieving the general objectives of controlling pollutants in storm water discharges from the site. A record shall be kept of any revisions/modifications identifying the reason for the change,the date made, the date implemented,and the section revised This record will be filed in the Appendix of this document. GLOSSARY: NOTE: This glossary is to assist in defining the terms and practices used in this plan. Should contract documents conflict with the minimum requirements of the EPA General Permit, the more stringent of the two shall apply. Erosion and Sediment Controls: Structural controls include silt fences,earth dikes,drainage swales,sediment traps,check dams,subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection,rock outlet protection, reinforced soil retaining systems,gabions,and temporary or permanent sediment basins. Non-structural controls include waste disposal, control of off-site vehicle tracking, and compliance with State and/or local solid,sanitary or septic waste disposal regulations. For common drainage areas> 10 disturbed acres,a sediment basin with a volume of 3,600 cubic feet per acre drained,or equivalent control measures,shall be provided until final stabilization of the site. Where a basin is not attainable,smaller basins and/or sediment traps should be used. At a minimum, silt fences or equivalent sediment controls are required for all sideslope and downslope boundaries of the construction area. These minimum controls shall also apply to drainage locations serving< 10 acres unless a sediment basin with a storage volume of 3,600 cubic feet per acre drained is provided Stabilization Measures: Stabilization practices may include temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures. ,. Stabilization measures will be initiated as soon as practicable where construction activities have temporarily or permanently ceased. The measures will be initiated no more than 14 days after activity has temporarily or permanently ceased except where construction activity will resume on that portion of the site within 21 days or initiation of stabilization measures is precluded by snow or seasonal and conditions. Arid conditions may occur in areas where the average rainfall is less than 20 inches. Storm Water Management: Practices include wet ponds, retention structures, flow attenuation using vegetated swales and natural depressions,infiltration and sequential systems using one or more of these practices. APPENDIX This appendix contains: �. ■ Inspection forms and reports ■ Notice of Intent Forms(copies) ■ Notice of Termination form(blank) "" ■ Record of major soil disturbing activities ■ Record of changes/revisions SWPPP SITE INSPECTION REPORT Date: Contractor: Inspector: Qualifications: Reason for Inspection: 14 days '/Z"rain event(Circle one) Project Name: SITE CONDITIONS: Erosion and Sediment Controls In Conformance Effective Construction Entrance Yes/ No/ NA Yes/ No Sediment Traps Yes/No/NA Yes/No Inlet Protection Yes/No/NA Yes/No Stabilization Yes/No/NA Yes/No Silt Fence Yes/No/NA Yes/No Straw/Hay bales Yes/No/NA Yes/No Vegetative Buffer Strips Yes/No/NA Yes/No Storage Area Yes/No/NA Yes/No Yes/No/NA Yes/No Yes/No/NA Yes/No Violations Noted: Recommended Remedial Actions: Comments: 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 directly responsible for gathering 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: Date: OR Storm Water Pollution Prevention Plan Record of Revisions\Modifications Date Plan Date Drawings Rev Revision No Section(s1 affected Modified Intemented modified? by Storm Water Pollution Prevention Plan ,. Record of Major Soil Disturbing Activities Date Activity Texas Commission on Environmental Quality General Permit Payment Submittal Form Use this form to submit your Application Fee. • Complete items 1 through 4 below: • Staple your check in the space provided at the bottom of this document.— • Do not mail this form with your NOI form. • Do not mail this form to the same address as your NOI.Instead,mail this form and your check to: BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office,MC-214 P.O.Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 To confirm receipt of payment,call the Cashier's office at 512/239-0357 or 239-0187 Fee Code.GPA General Permit:TXR150000 1.Check/Money Order No: 2.Amount of Check/Money Order. 3.Date of Check or Money Order. 4.Name on Check or Money Order. 5.NOI INFORMATION If the check is for more than one NOI,list each Project/Site(RE)Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. See Attached List of Sites(If more space is needed,you may attach a list.) Project/Site(RE)Name: Arborlawn Drive Phase II from Bellaire Drive west to Bryant Irvin Road Project/Site(RE)Physical Address: wwR opo Staple Check In This Space so ti L: ✓."lUiti uci.: Y TCEQ-20134(07/12/2004) Pae 1 of I _� Notice of Intent =� Notice of Intent(NOI)for Storm Water W TCEQ Office Use Only Discharges Associated with Construction TPDES Permit Number:TXR151-1-1-1-1 Activity under the TPDES General Permit GIN Number. 00001 Fee Receipt No. TCEQ IMPORTANT: -Use the attached INSTRUCTIONS when completing this form. -After completing this form,use the attached CUSTOMER CHECKLIST to make certain all items are complete and accurate. -Missing,illegible,or inaccurate items may delay final acknowledgment or coverage under the general permit. Application Fee:You must submit the$100 NOI Application Fee to TCEQ under separate cover(see instructions)using the attached Application Fee submittal form-(DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) Tell us how you paid for this fee: Check/Money Order No.: Name Printed on Check: A. OPERATOR L TCEQ Issued Customer Number(CN)(if available): 2. Legal Name(spelled exactly as filed with the Texas Secretary of State,County,or legal document that was used in forming the entity): 3. Mailing Address: Suite NoJBIdg.No.: City: State: ZIP Code: 4. Phone No.: ( ) - Extension: 5. FAX No. E-mail Address: 6. Type of Operator: O Individual E3 Sole Proprietorship-D.B.A. ®Partnership 0 Corporation ®Federal Government ®State Goverment E3 County Government ©City Government ©Other: 7. Independent Operator: E3 Yes ®No (If governmental entity or a subsidiary or part of a larger corporation,check"NO') 8. Number of Employees: Il 0-20; [3 21-100; ®101-250; E3 251-500;or 0 501 or higher 9. Business Tax and Filing Numbers(not applicable to Individuals,Government General Partnerships,and Sole Proprietorship-D.B.A): State Franchise Tax ID Number. Federal Tax ID: TX SOS Charter(filing)Numbs DUNS Number (If(mown) NMI _. B. BILLING ADDRESS (The Operator is responsible for paying the annual fee.) ❑ Same As Operator(check if address is the same,then proceed with Section C.) 1. Billing Mailing Address: Suite No./Bldg.No.: City: State: ZIP Code: ^_ Billing Contact(Attn or C/O): *� 3. Country Mailing Information(if outside USA)Territory: Country Code: Postal Code: 4. Phone No.: ( ) - Extension: .r 5. FAX No. E-mail Address: TCEQ-20022(07/12/2004) Page 1 of 3 C. APPLICATION CONTACT(If TCEQ needs additional information regarding this application,who should be contacted? 1. Name: Title: Company: 2. Phone No.: ( ) - Extension —• 3. FAX No. E-mail Address- D. REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE 1. TCEQ Issued RE Reference Number(RN)(if available): .� 2. Name of Projector site. Arborlawn Drive from Bellaire Drive West to Bryant Irvin Rd. pha- TT 3. Physical Address of Project or Site: (enter in spaces below) Street Number. NSA StredName: Arborlawn Dr. and Bryant Irvin Rd. City(nearest to the site): ZIP Code(nearest to the site): County(Counties if>1): Fort Worth 76109 Tarrant 4. If no physical address(Street Number&Street Name),provide a written location access description that can be used for locating the site: (Ex.:2 miles west from intersection of Hwy 290&IH35 on Hwy 290 South) Site begins approx. 0.8 miles North of Southwest Blvd. on Bryant Irvin. Alignment continues East to Bellaire Drive South. 5. Latitude: 32 .70516 N Longitude: —97.41716 W 6. Standard Industrial Classification(SIC)code: 1611 7. Describe the activity related to the need for this authorization at this site(do not repeat the SIC and NAICS code): Development and Traffic Flow Improvement 8. Is the project/site located on Indian Country Lands? ®Yes KI No If Yes,you must obtain authorization through EPA,Region VI. E. SITE MAILING ADDRESS(address for receiving mail at the site) R1 Same As Operator(check if address is the same,then proceed with Section F.) Mailing Address: Suite No)Bldg.No.: City: State: ZIP Code: lwg& IN . :>�u F. GENERAL CHARACTERISTICS 1. Hasa Pollution Prevention Plan been prepared as required in the general permit? JOYes ©No If No,coverage may be denied as the PPP is required at the time the NOI is submitted to TCEQ. 2. Provide the estimated area of land disturbed(to the nearest acre): 7 Acres 3. Provide the name of the receiving water body(local stream,lake,drainage ditch),MS4 Operator(if applicable)and the segment number where storm water runoff will flow from the construction site. MS4Operator:Clty of Fort Wor�tecceivingWater Body: Trinity River segment: Clear Fork TCEQ-20022(07/12/2004) Page 2 of 3 G. CERTIFICATION ICIC44AD f. A4.40l04GvZ Typed or printed name Title(Required) so 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 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 there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing go violations. Ifurthercertify that I am authorized under 30 Texas Administrative Code§305.44 to sign and submit this documentandcan provide documentation in proof of such authorization upon request. Signature: ��� Date: (Use B1.Ink,! rr +s II�11 W Irtl w TCEQ-20022(07/12/2004) Page 3 of 3 TPDES General Permit NO. TXR150000 This is a new general permit issued pursuant to Section 26.040 of the Texas Vater Code and Section 402 of the Clean Water Act. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O.BOX 13087 Austin,TX 78711-3087 Gh�iERAL PERMITTO DISCHARGE WASTE under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code Construction sites located in the state of Texas may discharge to.surface water in the state only according to effluent limitations,monitoring requirements and other conditions set forth in this permit; as well as the rules of the Texas Commission on Environmental Quality(TCEQ),the laws of the State of Texas,and other orders of the TCEQ. The issuance of this general permit does not grant to the permittee the right to use private or public property for conveyance of storm water and certain non-storm water discharges along the discharge route. This includes property belonging to but not limited to any individual,partnership, corporation or other entity. Neither does this peimit authorize any invasion of personal rights nor any violation of federal, gate,or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route. This permit and the authorization contained herein shall expire,at midnight five years after the date of issuance. ISSUED AND EFFECTIVE DATE: MAR 003 FA the 's ion TCEQ General Permit Number TXR150000 Relating To Discharges From Construction Activities Table of Contents Part I. Definitions Page 3 Part II. Permit Applicability and Coverage Page 7 Part III. Storm Water Pollution Prevention Plans Page 18 .., Part IV, Numeric Effluent Limitations Page 28 Part V. Retention of Records Page 29 Part VI. Standard Permit Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 29 Part VII. Fees , . . . . . . . . . Page 30 Appendix A. Periods of Low Potential by County . . . . . . . . . . . . . . . . . . . . .. . Page 31 Attachment 1 Construction Site Notice for Part II.D.1 Waivers . . . . . . . . . . . . . . . . . . . Page 32 Attachment 2 Construction Site Notice for Part Il.D.2. Authorizations Page 33 Attachment 3 Discharge Monitoring Report for Concrete Batch Plants . . . Page 34 ^^ Page 2 . TPDES General Permit TXR150000 Part I. Definitions Best Management Practices - (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures,structural controls,local ordinances,and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements,operating procedures, and practices to control construction site runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Commencement of Construction - The exposure of soils resulting from activities such as clearing, grading,and excavating. Common Plan of Development- A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing,zoning requests,or other similar documentation and activities. Facility or Activity-Any TPDES"point source"or any other facility or activity (including land or appurtenances thereto)that is subject to regulation under the TPDES program Final Stabilization- A construction site status where either of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform(e.g, evenly distributed, without large bare areas) perennial vegetative cover with a density of 701/6 of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures,or equivalent permanent stabilization measures(such as the use of riprap,gabions,or goetextiles)have been employed. (b) For individual lots in a residential construction site by either: (1) the homebuilder completing final stabilization as specified in condition(a) above;or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. (c) For construction activities on land used for agricultural purposes (e.g. pipelines across crop or range land),final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities,such as bufferstrips immediately adjacent to a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition(a)above. w. Page 3 TPDES General Permit TXR150000 Large Construction Activity-Construction activities including clearing,grading,and excavating that result in land disturbance of equal to or greater than five(5)acres of land. Large construction activity also includes the disturbance of less than five (5)acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch,channel,or other similar storm water conveyance. Large construction activity does not include the routine grading of existing dirt roads,asphalt overlays of existing roads, °- the routine clearing of existing right-of-ways,and similar maintenance activities. Municipal Separate Storm Sewer System (MS4) - A separate storm sewer system owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law)having jurisdiction overthe disposal of sewage,industrial wastes,storm water, or other wastes, including special districts under state law such as a sewer district,flood control or — drainage district,or similar entity,or an Indian tribe or an authorized Indian tribal organization. Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting coverage under a general permit Notice of Termination(NOT)-A written submission to the executive director from a permittee .� authorized under a general permit requesting termination of coverage. Operator-The person or persons associated with a large or small construction activity that meets either of the following two criteria: (a) the person or persons have operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions of this general permit, or (b) the person or persons have day-to-day operational control of those activities at a construction site which are necessary to ensure compliance with a storm water pollution prevention plan for the site or other pernut conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the Storm Water Pollution Prevention Plan or comply with other permit conditions). Permittee- An operator authorized under this general permit The authorization may be gained through submission of a notice of intent,by waiver,or by meeting the requirements for automatic coverage to discharge storm water runoff and certain non-storm water discharges. Point Source-Any discernible,confined,and discrete conveyance,including but not limited to,any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are,or may be,discharged This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Page 4 TPDES General Permit TXR150000 Pollutant - (from the Texas Water Code, Chapter 26) Dredged spoil, solid waste, incinerator residue,sewage,garbage,sewage sludge, filter backwash,munitions,chemical wastes, biological materials,radioactive materials,heat,wrecked or discarded equipment,rock,sand,cellar dirt,and industrial,municipal,and agricultural waste discharged into any surface water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland,and farmland. Pollution - (from the Texas Water Code, Chapter 26) The alteration of the physical, thermal, chemical,or biological quality of,or the contamination of,any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health,safety,or welfare,or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Runoff Coefficient-The fraction of total rainfall that will appear at the conveyance as runoff. Separate Storm Sewer System-A conveyance or system of conveyances(including roads with drainage systems,streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains), designed or used for collecting or conveying storm water,that is not a combined sewer,and that is not part of a publicly owned treatment works(POTW). Small Construction Activity-Construction activities including clearing,grading,and excavating that result in land disturbance of equal to or greater than one(1)acre and less than five(5)acres of land.Small construction activity also includes the disturbance of less than one(1)acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original -- line and grade,hydraulic capacity,and original purpose of a ditch,channel,or other similar storm water conveyance. Small construction activity does not include the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities. Storm Water-Storm water runoff,snow melt runoff, and surface runoff and drainage. Storm Water Associated with Construction Activity-Storm water runoff from a construction activity where soil disturbing activities (including clearing, grading, excavating) result in the .,. disturbance of one (1) or more acres of total land area, or are part of a larger common plan of development or sale that will result in disturbance of one(1)or more acres of total land area Structural Control(or Practice)- A pollution prevention practice that requires the construction of a device,or the use of a device,to capture or prevent pollution in storm water runoff. Structural controls and practices may include but are not limited to:silt fences,earthen dikes,drainage swales, sediment traps,check dams,subsurface drains,storm drain inlet protection,rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Surface Water in the State- Lakes,bays,ponds,impounding reservoirs,springs,rivers,streams, creeks,estuaries,wetlands, marshes,inlets, canals,the Gulf of Mexico inside the territorial limits Page 5 TPDES General Permit TXR150000 of the state(from the mean high water mark (MHWM)out 10.36 miles into the Gulf),and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable,and including the beds and banks of all water-courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law,regulation,or .. permit,and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization - A condition where exposed soils or disturbed areas are provided a protective cover,which may include temporary seeding,geotextiles,mulches,and other techniques to reduce or eliminate erosion until either final stabilization can be achieved or until further construction activities take place. Waters of the United States -(from title 40,part122,section 2 of the Code of Federal Regulations) ... Waters of the United States or waters of the U.S. means: (a) all waters which are currently used, were used in the past,or may be susceptible to use in interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide; (b). all interstate waters,including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes,or natural ponds that the use,degradation,or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce;or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; (e) tributaries of waters identified in paragraphs (a)through(d)of this definition; (f) the territorial sea;and -� (g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs(a)through(f)of this definition. Page 6 TPDES General Permit TXR150000 Waste treatment systems,including treatment ponds or lagoons designed to meet the requirements of CWA(other than cooling ponds as defined in 40 CFR§423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States(such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency,for the purposes of the Clean Water Act,the final authority regarding Clean Water Act jurisdiction remains with EPA. Part H. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Storm Water Associated with Construction Activity Discharges of storm water runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Storm Water Associated with Construction Support Activities Discharges of storm water runoff from construction support activities, including concrete batch plants,asphalt batch plants,equipment staging areas,material storage yards, material borrow areas, and excavated material disposal areas may be authorized under this general permit provided: (a) the activity is located within a 1-mile distance from the boundary of the permitted construction site and directly supports the construction activity; (b) the storm water pollution prevention plan is developed according to the provisions of this general permit and includes appropriate controls and .., measures to reduce erosion and discharge of pollutants in storm water runoff from the supporting industrial activity site; and (c) the industrial activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for discharges. ® 3. Non-storm Water Discharges The following non-storm water discharges from sites authorized under this general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities; Page 7 TPDES General Permit TXR150000 (b) fire hydrant flushings; (c) vehicle, external building, and pavement wash water where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred(unless spilled materials have been removed;and if local state, or federal regulations are applicable, the materials are removed according to those regulations), and where the purpose is to remove mud, dirt, an dust; -- (d) water used to control dust; (e) potable water sources including waterline flushings; (f) air conditioning condensate; .- (g) uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials .�. such as solvents. 4. Other Permitted Discharges Any discharge authorized under a separate NPDES,TPDES,or TCEQ permit may be combined with discharges authorized by this permit. Section B. Limitations on Permit Coverage 1 Post Construction Discharges. Discharges that occur after construction activities have been completed,and after the construction site and any supporting activity site have undergone final stabilization, are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination(NOT)for the construction activity. 2. Prohibition of Non-Storm Water Discharges Except as provided in Part II. A.2.,A3.,and A4.,all discharges authorized by this general permit must be composed entirely of storm water associated with construction activity. -- 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause or contribute to a violation of water quality standards or that would fait to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative Page 8 TPDES General Permit TXR150000 general permit(see Part II.G.3)to authorize discharges to surface water in the state from any activity that is determined to cause a violation of water quality standards or is found to cause, or contribute to, the loss of a designated use. The executive director may also require an application for an individual permit considering factors described in Part II. G.2. 4. Discharges to Water Quality-Impaired Receiving Waters. New sources or new discharges of the constituents of concern to impaired waters are not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 ,.. and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved Clean Water Act Section 303(d)list. Constituents of concern are those for which the water body is listed as impaired. Discharges of the constituents of concern to impaired water bodies for which there is a total maximum daily load(TMDL)implementation plan are not eligible for this permit unless they are consistent with the approved TMDL and the implementation plan. Permittees must incorporate the limitations, conditions, and requirements applicable to their discharges,including monitoring frequency and reporting required by TCEQ rules, into their storm water pollution prevention plan in order to be eligible for coverage under this general permit. S. Discharges to the Edwards Aquifer Recharge Zone Discharges cannot be authorized by this general permit where prohibited by 30 Texas Administrative Code(TAC)Chapter 213 (relating to Edwards Aquifer). (a) For new discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone,operators must meet all applicable requirements of,and operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in . addition to the provisions and requirements of this general permit. (b) For existing discharges, the requirements of the agency-approved Water Pollution Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements of this general permit. BMPs and maintenance schedules for structural storm water controls, for example, may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in storm water runoff are in addition to the requirements in this general permit for this pollutant. For discharges from large construction activities located on the Edwards Aquifer contributing zone, applicants must also submit a copy of the NOI to the appropriate TCEQ regional office." ,, Page 9 TPDES General Permit TXR150000 Counties: Contact: Comal,Bexar,Medina,Uvalde, TCEQ and Kinney Water Program Manager San Antonio Regional Office 14250 Judson Rd. San Antonio,Texas (210)490-3096 Williamson,Travis,and Hays TCEQ Water Program Manager Austin Regional Office 1921 Cedar Bend Dr.,Ste. 150 Austin,Texas (512)339-2929. 6. Discharges to Specific Watersheds and Water Quality Areas , Discharges otherwise eligible for coverage cannot be authorized by this general permit where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal, other state, or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example, this permit does not limit the authority of a home-rule municipality provided by Section 401.002 of the Texas Local Government Code. 8. Indian Country Lands Storm water runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of storm water require authorization under federal National Pollutant Discharge Elimination System(NPDES)regulations,authority for: these discharges must be obtained from the U.S. Environmental Protection Agency (EPA). 9. Oil and Gas Production Storm water runoff from construction activities associated with the exploration, -- development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline,are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges Page 10 - TPDES General Permit TXR150000 of storm water require authorization under federal NPDES regulations,authority for these discharges must be obtained from the EPA- 10. PA10. Storm Water Discharges from Agricultural Activities Storm water discharges from agricultural activities that are not point source discharges of storm water are not subject to TPDES permit requirements. These activities may include clearing and cultivating ground for crops, construction of fences to contain livestock, construction of stock ponds, and other similar agricultural activities. - Section C. Deadlines for Obtaining Authorization to Discharge _ry 1 Large Construction Activities (a) New Construction - Discharges from sites where the commencement of construction occurs on or after the issuance date of this general permit must be authorized,either under this general permit or a separate TPDES permit, prior to the commencement of those construction activities. (b) Ongoing Construction-Operators of large construction activities continuing to operate after the issuance date of this permit,and authorized under NPDES general permit TXR100000(issued July 6,1998,FR 36490),must submit an NOI to obtain authorization under this general permit within 90 days of the issuance date of this general permit. During this interim period, as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the federal NPDES permit. If the construction activity is completed prior to this 90-day deadline,and the site would otherwise qualify for termination of coverage under that federal NPDES permit,the operator must notify the executive director of the TCEQ in writing within 30 days of that condition. 2. Small Construction Activities (a) New Construction - Discharges from sites where the commencement of . construction occurs on or after the issuance date of this general permit must be authorized,either under this general permit or a separate TPDES permit, prior to the commencement of those construction activities. (b) Ongoing Construction - Discharges from ongoing small construction activities that commenced prior to March 10,2003,and that would not meet the conditions to qualify for termination of this permit as described in Part II.E. of this general permit, must be authorized, either under this general permit or a separate TPDES permit, prior to March 10,2003. _, Page 11 TPDES General Permit TXR150000 Section D. Obtaining Authorization to Discharge 1. Small construction activities are determined to occur during periods of low potential for erosion,and operators of these sites may be automatically authorized under this general permit and not required to develop a storm water pollution prevention plan or submit a notice of intent(NOI),provided: (a) the construction activity occurs in a county listed in Appendix A; (b) the construction activity is initiated and completed,including either final or temporary stabilization ofall disturbed areas,within the time frame identified . . in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or .,. prohibit erosion, final stabilization activities have been initiated and a condition,of final stabilization is completed no later than 30 days following the end date of the time frame identified in Appendix A for the location of the construction site; (d) the permittee signs acompleted construction site notice(Attachment 1 of this general permit),including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public, local, state, and federal authorities prior to commencing construction activities,and maintained in that location until completion of the construction activity; (f) a copy of the signed and certified construction site notice is provided to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement of construction activities; and (g) any supporting concrete batch plant or asphalt batch plant is separately authorized for discharges of storm water runoff or other non-storm water discharges under an individual TPDES permit, another TPDES general permit or under an individual TCEQ permit where storm water and non- storm water is disposed of by evaporation or irrigation (discharges are adjacent to water in the state). 2. Operators of small construction activities not described in Part II.D.1.above may be automatically authorized under this general permit,and operators of these sites are not required to submit an NOI provided they: (a) develop a SWP3 according to the provisions of this general permit, that .. covers either the entire site or all portions of the site for which the applicant Page 12 TPDES General Permit TXR150000 is the operator, and implement that plan prior to commencing construction activities; (b) sign a completed construction site notice ( Attachment 2 of this general permit); (c) post a signed copy of the construction site notice at the construction site in a location where it is readily available for viewing by the general public, local, state, and federal authorities, prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity;and (d) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement of construction activities. 3. Operators of all other construction activities that qualify for coverage under this general permit must: (a) develop a SWP3 according to the provisions of this general permit, that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) submit a Notice of Intent (NOI), using a form provided by the executive director,at least 2 days prior to commencing construction activities; or (c) if the operator changes, or an additional operator is added after the initial NOI is submitted,the new operator must submit an NOI at least two(2)days before assuming operational control; (d) post a copy of the NOI at the construction site in a location where it is readily available for viewing prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity; (e) provide a copy of the signed NOI to the operator of any municipal separate storm sewer system receiving the discharge, at least two(2) days prior to �- commencing construction activities; and (f) implement the SWP3 prior to beginning construction activities. -- Page 13 TPDES General Permit TXR150000 4. Effective Date of Coverage (a) Operators of construction activities described in either Part II. D.1. or D.2. are authorized immediately following compliance with the conditions of Part II. D.1. or D.2. that are applicable to the construction activity. (b) Operators of all other construction activities eligible for coverage under this general permit, unless otherwise notified by the executive director, are provisionally authorized two(2)days from the date that a completed NOI is postmarked for delivery to the TCEQ. If electronic submission of the NOI is provided,and unless otherwise notified by the executive director,operators are provisionally authorized 24 hours following confirmation of receipt of the NOI by the TCEQ. Authorization is non-provisional when the executive director finds the NOI is administratively complete and an authorization -- number is issued for the activity. (c) Operators are not prohibited from submitting late NOIs or posting late - notices to obtain authorization underthis general permit. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced ,. and authorization is obtained. 5. Notice of Change(NOC)Letter If the operator becomes aware that it failed to submit any relevant facts,or submitted incorrect information in an NOI, the correct information must be provided to the executive director in a NOC letter within 14 days after discovery. If relevant information provided in the NOI changes,a NOC letter must be submitted within 14 days of the change. A copy of the NOC must be provided to the operator of any MS4 receiving the discharge. 6. Signatory Requirement for NOI Forms,Notice of Termination(NOT)Forms,NOC Letters,and Construction Site Notices NOI forms,NOT forms,NOC letters,and Construction Site Notices must be signed according to 30 TAC § 305.44(relating to Application for Permit). 7. Contents of the NOI The NOI form shall require, at a minimum,the following information: (a) the name,address,and telephone number of the operator filing the NOI for permit coverage; (b) the name(or other identifier),address,county, and latitude/longitude of the construction project or site; Page 14 �^ TPDES General Permit TXR150000 (c) number of acres that will be disturbed (estimated to the largest whole number); (d) whether the project or site is located on Indian Country lands; (e) confirmation that a SWP3 has been developed and that the SWP3 will be compliant with any applicable local sediment and erosion control plans;and (f) name of the receiving water(s). m" Section E. Application to Terminate Coverage Each operator that has submitted an NOI for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting allotice of Termination(NOT)on a form supplied by the executive director. Authorization to discharge under this permit terminates at midnight on -� the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided, authorization to discharge under this permit terminates immediately following confirmation of receipt of the NOT by the TCEQ. Compliance with the conditions and requirements — of this permit is required until an NOT is submitted. 1. Notice of Termination Required The NOT must be submitted to TCEQ, and a copy of the NOT provided to the operator of any MS4 receiving the discharge,within thirty(30)days, after. (a) final stabilization has been achieved on all portions of the site that is the responsibility of the permittee: or (b) another permitted operator has assumed control over all areas of the site that have not been finally stabilized;and (c) all silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3, or transferred to a new operator if the new operator has sought permit coverage. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. 2. Minimum Contents of the NOT The NOT form shall require,at a minimum,the following information: (a) if authorization was granted following submission of a NOI, the permittees site-specific TPDES general permit number for the construction site; "" Page 15 TPDES General Permit TXR150000 (b) an indication of whether the construction activity is completed or if the permittee is simply no longer an operator at the site; (c) the name, address and telephone number of the permittee submitting the NOT; (d) the name(or other identifier),address,county,and latitude/longitude of the construction project or site; and (e) a signed certification that either all storm water discharges requiring authorization under this general permit will no longer occur, or that the -- applicant to terminate coverage is no longer the operator of the facility or construction site, and that all temporary structural erosion controls have either been removed,will be removed on a schedule defined in the SWP3,or transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. Section F. Waivers from Coverage The executive director may waive the otherwise applicable requirements of this general permit for storm water discharges from small construction activities under the terms and conditions described in this section. 1. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit where: (a) the calculated rainfall erosivity R factor for the entire period of the construction project is less than five(5); (b) the operator st*nits a signed waiver certification form, supplied by the executive director, certifying that the construction activity will commence and be completed within a period when the value of the calculated rainfall erosivity R factor is less than five(5);and (c) the waiver certification form is submitted to the TCEQ at least two(2)days before construction activity begins. 2. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit two(2)days from the date that a completed waiver certification form is postmarked for delivery to TCEQ. Page 16 TPDES General Permit TXR150000 3. Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator,the operator must either: (a) recalculate the rainfall erosivity factor R factor using the original start date and a new projected ending date, and if the R factor is still under five (5), submit a new waiver certification form at least two(2)days before the end of the original waiver period;or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.D.2.or Part II.D.3.at least two(2)days before the end of the approved waiver period. Section G. Alternative TPDES Permit Coverage 1. Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating to Consolidated Permits). Applications for individual permit coverage should be submitted at least three hundred and thirty (330) days prior to commencement of construction activities to ensure timely issuance. 2. Individual Permit Required The executive director may suspend an authorization or NOI in accordance with the procedures set forth in 30 TAC Chapter 205, including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit,to apply for an individual TPDES permit because of: (a) the conditions of an approved TMDL or TMDL implementation plan; (b) the activity is determined to cause a violation of water quality standards or is found to cause, or contribute to, the loss of a designated use of surface water in the state: and (c) any other considerations defined in 30 TAC Chapter 205 would include the provision at 30 TAC § 205.4(c)(3)(D), which allows TCEQ to deny authorization under the general permit and require an individual permit if a discharger"has been determined by the executive director to have been out of compliance with any rule,order,or permit of the commission,including non-payment of fees assessed by the executive director." Page 17 TPDES General Permit TXR150000 3. Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate, applicable general permit according to 30 TAC Chapter 205 (relating to General Permits for Waste Discharges). Section H. Permit Expiration This general permit shall be issued for a term not to exceed five(5)years. Following public notice and comment, as provided by 30 TAC § 205.3 (relating to Public Notice, Public Meetings, and Public Comment),the commission may amend,revoke,cancel,or renew this general permit. If the TCEQ publishes a notice of its intent to renew or amend this general permit before the expiration date,the permit will remain in effect for existing,authorized,discharges until the commission takes - final action on the permit. Upon issuance of a renewed or amended permit, permittees may be required to submit an NOI within 90 days following the effective date of the renewed or amended permit, unless that permit provides for an alternative method for obtaining authorization. In the event that the general permit is not renewed,discharges that are authorized under the general permit must obtain either a TPDES individual permit or coverage under an alternative general , permit. Part III. Storm Water Pollution Pirevention Plans (SWP3) Storm water pollution prevention plans must be prepared for storm water discharges that will reach Waters of the United States, including discharges to MS4 systems and privately owned separate storm sewer systems that drain to Waters of the United States, to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site,including off-site material storage areas,overburden and stockpiles of dirt,borrow areas,equipment staging areas,vehicle repair areas,fueling areas,etc.,used solely by the permitted project. The SWP3 must describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges associated with construction activity at the construction site and assure compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWP3s that cover only their portion of the project provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site,permittees must coordinate to ensure that BMPs and controls are consistent, and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed,or separate SWP3s are developed for each operator,it is the -- responsibility of each operator to ensure that compliance with the terms and conditions of this general permit is met in the areas of the construction site where that operator has operational control over construction plans and specifications or day-today operational control. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing,a cooperative effort by the different operators at a site is encouraged. Operators must independently submit an NOI and obtain authorization, but may work together to prepare and implement a single comprehensive SWP3 for the entire construction site. Page 18 , TPDES General Permit TXR150000 1. The SWP3 must clearly list the name and, for large construction activities, the general permit authorization numbers, for each operator that participates in the shared SWP3. Until the TCEQ responds to receipt of the NOI with a general permit authorization number,the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator. Each participant in the shared plan must also sign the SWP3. 2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan,then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities. The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. Section B. Responsibilities of Operators 1. Operators with Control Over Construction Plans and Specifications All operators with operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions of this general permit must: (a) ensure the project specifications allow or provide that adequate BMPs may be developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have operational control over project specifications(including the ability to make modifications in specifications); (c) ensure all other operators affected by modifications in project specifications are notified in a timely manner such that those operators may modify best management practices as are necessary to remain compliant with the conditions of this general permit; and (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and TPDES permit numbers for permittees with the day- to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. In the case that responsible parties have not been identified,the permittee with operational control over project specifications must be considered to be the responsible party until such time as the authority is transferred to another party and the plan is updated. Page 19 TPDES General Permit TXR150000 2. Operators with Day-to-Day Operational Control Operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with a SWP3 and other permit conditions must: ,.,. (a) ensure that the SWP3 for portions of the project where they are operators meets the requirements of this general permit, (b) ensure that the SWP3 identifies the parties responsible for implementation of best management practices described in the plan; (c) ensure that the SWP3 indicates areas of the project where they have operational control over day-today activities; (d) ensure that the SWP3 indicates,for areas where they have operational control over day-today activities,the name and TPDES permit number of the parties with operational control over project specifications(including the ability to make modifications in specifications). Section C. Deadlines for SWP3 Preparation and Compliance 1. The SWP3 must be: (a) completed prior to obtaining authorization under this general permit; (b) implemented prior to commencing construction activities that result in soil disturbance; (c) updated as necessary to reflect the changing conditions of new operators, new areas of responsibility,and changes in best management practices;and (d) prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Malting Plans Available 1. The SWP3 must be retained on-site at the construction site or,if the site is inactive or does not have an on-site location to store the plan, a notice must be posted describing the location of the SWP3. The SWP3 must be made readily available at the time of an on-site inspection to: the executive director,a federal,state,or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; and the operator of a municipal separate storm sewer receiving discharges from the site. 2. Operators of a large construction activity obtaining authorization to discharge through submission of a NOI must post a notice near the main entrance of the Page 20 TPDES General Permit TXR150000 construction site. If the construction project is a linear construction project (e.g. pipeline,highway,etc.),the notice must be placed in a publicly accessible location near where construction is actively underway. Notice for these linear sites may be relocated, as necessary, along the length of the project. The notice must be readily available for viewing by the general public, local,state,and federal authorities,and contain the following information: (a) the TPDES general permit number for the project(or a copy of the NOI that was submitted to the TCEQ if a permit number has not yet been assigned); (b) the name and telephone number of a representative for the operator, (c) a brief description of the project; and (d) the location of the SWP3. 3. This permit does not provide the general public with any right to trespass on a construction site for any reason,including inspection of a site;nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Keeping Plans Current The permittee must revise or update the storm water pollution prevention plan whenever: 1. there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; or 2. results of inspections or investigations by site operators, operators of a municipal separate storm sewer system receiving the discharge,authorized TCEQ personnel, or a federal,state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section F. Contents of SWP3 The SWP3 must include,at a minimum,the information described in this section. 1. A site description,or project description must be developed to include: (a) a description of the nature of the construction activity, potential pollutants and sources; (b) a description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; Page 21 TPDES General Permit TXR150000 (c) the total number of acres of the entire property and the total number of acres where construction activities will occur,including off-site material storage areas,overburden and stockpiles of dirt,and borrow areas; (d) data describing the soil or the quality of any discharge from the site; (e) a map showing the general location of the site (e.g. a portion of a city or county map); (f) a detailed site map(or maps) indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur-, (iii) locations of all major structural controls either planned or in place; . (iv) locations where stabilization practices are expected to be used; (v) locations of off-site material, waste, borrow, fill, or equipment storage areas; (vi) surface waters (including wetlands) either adjacent or in close proximity; and (vii) locations where storm water discharges from the site directly to a surface water body. (g) the location and description of asphalt plants and concrete plants providing 4. support to the construction site and authorized under this general permit; (h) the name of receiving waters at or near the site that will be disturbed or that will receive discharges from disturbed areas of the project;and (i) a copy of this TPDES general permit. 2. The SWP3 must describe the best management practices that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation. At a minimum, the description must include the following components: (a) Erosion and Sediment Controls (i) Erosion and sediment controls must be designed to retain sediment - on-site to the extent practicable with consideration for local Page 22 - TPDES General Permit TXR150000 topography, soil type, and rainfall. Controls must also be designed and utilized to reduce the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (ii) Control measures must be properly selected, installed, and maintained according to the manufacturer's or designer's specifications. If periodic inspections or other information indicates a control has been used incorrectly,or that the control is performing inadequately,the operator must replace or modify the control as soon as practicable after discovery that the control has been used incorrectly, is performing inadequately, or is damaged. (iii) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50%. (iv) If sediment escapes the site, accumulations must be removed at a frequency to minimize further negative effects, and whenever feasible,prior to the next rain event. (v) Controls must be developed to limit,to the extent practicable,offsite transport of litter,construction debris, and construction materials. (b) Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (i) Stabilization practices may include but are not limited to: establishment of temporary vegetation, establishment of permanent vegetation,mulching,geotextiles,sod stabilization,vegetative buffer strips, protection of existing trees and vegetation, and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3,and made readily available upon request to the parties in Part III.D.1 of this general permit: (a) the dates when major grading activities occur, (b) the dates when construction activities temporarily or permanently cease on a portion of the site;and Page 23 TPDES General Permit TXR150000 (c) the dates when stabilization measures are initiated. (iii) Stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased,and except as provided in(a)through(c)below, ,. must be initiated no more than fourteen (14) days after the construction activity in that portion of the site has temporarily or permanently ceased. (a) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (b) Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within twenty-one(2 1)days,temporary stabilization measures do not have to be initiated on that portion of site. (c) In and areas(areas with an average rainfall of 0 to 10 inches), semiarid areas(areas with an average annual rainfall of 10 to 20 inches), and areas experiencing droughts where the �. initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably and conditions, stabilization measures must be initiated as soon as practicable. 3. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils,to limit the contact of runoff with disturbed areas,or to lessen the off-site transport of eroded soils. (a) Sediment basins are required,where feasible for common drainage locations that serve an area with ten (10) or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained, or equivalent control measures, shall be provided where attainable until final stabilization of the site.Where rainfall data is not available or a calculation cannot be performed,a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained is required where attainable until final stabilization of the site. When calculating the volume of runoff from a 2-year,24-hour storm event,it is not required to include the flows from offsite areas and flow from onsite areas - that are either undisturbed or have already undergone final stabilization,if Page 24 TPDES General Permit TXR150000 these flows are diverted around both the disturbed areas of the site and the sediment basin. In determining whether installing a sediment basin is feasible,the permittee may consider factors such as site soils,slope,available area on site, public safety, precipitation patterns, site geometry, site vegetation, infiltration capacity,geotechnical factors,depth to groundwater and other similar considerations. Where sediment basins are not feasible, equivalent control measures,which may include a series of smaller sediment basins,must be used. At a minimum,silt fences,vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries(and for those side slope boundaries deemed appropriate as dictated by individual site conditions)of the construction area. (b) Sediment traps and sediment basins may also be used to control solids in storm water runoff for drainage locations serving less than ten(10)acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries(and for those side slope boundaries deemed appropriate as dictated by individual site conditions)of the construction. Alternatively,a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained,or equivalent control measures, may be provided or where rainfall data is not available or a calculation cannot be performed,a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained may be provided. 4. Permanent Storm Water Controls A description of any measures that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed must be included in the SWP3. Permittees are only -� responsible for the installation and maintenance of storm water management measures prior to final stabilization of the site or prior to submission of an NOT. 5. Other Controls (a) Off-site vehicle tracking of sediments and the generation of dust must be �. minimized. (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description of pollutant sources from areas other than construction(including storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. Page 25 TPDES General Permit TXR150000 (d) Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected. 6. Approved State and Local Plans (a) Permittees must ensure the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits,or storm water management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or storm water management site plans or site permits approved by state or local official for which the permittee receives written notice. 7. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of storm water controls. If maintenance prior to the next anticipated storm event is impracticable,maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled, run-over, removed, or otherwise rendered ineffective must be replaced or corrected immediately upon discovery. 8. Inspections of Controls In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites,inspections must be conducted as soon as access is practicable (a) Personnel provided by the permittee and familiar with the SWP3 must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, and structural controls for evidence o� or the potential for, pollutants entering the drainage system. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every fourteen(14)calendar days and within twenty four(24)hours of the end of a storm event of 0.5 inches or greater. Pagg 26 - TPDES General Permit TXR150000 Where sites have been finally or temporarily stabilized, where runoff is unlikely due to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), or during seasonal and periods in arid areas (areas with an average annual rainfall of 0 to 10 inches)and semi-arid areas(areas with an average annual rainfall of 10 to 20 inches), inspections must be conducted at least once every month. - As an alternative to the above-described inspection schedule of once every fourteen (14) calendar days and within twenty four (24)hours of a storm event of 0.5 inches or greater,the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days. If this alternative schedule is developed, the inspection must occur on a specifically defined day,regardless of whether or not there has been a rainfall event since the previous inspection. (b) Utility line installation,pipeline construction, and other examples of long, m narrow,linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.8.(a)above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances,controls must be inspected at least once every fourteen(14)calendar days and within twenty four(24)hours of the end of a storm event of 0.5 inches,but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway,undisturbed right-of-way,or other similar feature intersects the construction site and allows access to the areas described in Part III.F.8.(a)above. The conditions of the controls along each inspected 0.25 mile segment may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile segment to either the end of the next 0.25 mile inspected segment,or to the end of the project, whichever occurs first. As an alternative to the above-described inspection schedule of once every fourteen (14) calendar days and within twenty four (24) hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days. If this alternative schedule is developed, the inspection must occur on a specifically defined day,regardless of whether or not there has been a rainfall event since the previous inspection. (c) The SWP3 must be modified based on the results of inspections, as necessary,to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever Page 27 TPDES General Permit TXR150000 possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. (d) A report summarizing the scope of the inspection,names and qualifications of personnel making the inspection, the.dates of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained;locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within, and retained as a part of,the SWP3. Reports must identify any incidents of non- compliance. Where a report does not identify any incidents of non- compliance,the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit.The report must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports) . 9. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-storm water components of the discharge. Part IV.Numeric Effluent Limitations Section A. Limitations All discharges of storm water runoff from concrete batch plants that qualify for coverage,and that are authorized to discharge storm water under the provisions of this general permit must be monitored at the following monitoring frequency and comply with the following numeric effluent limitations: Limitations Monitoring Parameter Daily Maximum Frequency Total Suspended Solids 65 mg/1 1/Year* Oil and Grease 15 mg/1 1/Year* PH between 6 and 9 standard units 1/Year* *If discharge occurs. Section B. Reporting Requirements Results of monitoring for determining compliance with numeric effluent limitations must be recorded on a discharge monitoring report(DMR). The DMR must either be an original EPA No. 3320-1 form(Attachment 3 of this general permit),a duplicate of the form,or as otherwise provided by the executive director. Monitoring must be conducted prior to December 31'for each annual Page 28 TPDES General Permit TXR150000 monitoring period. A copy of the DMR must either be retained at the facility or shall be made readily available for review by authorized TCEQ personnel upon request,by March 31'following the end of each annual monitoring period. If the results indicate the violation of one or more of these numeric limitations, the permittee must also submit the DMR to the TCEQ's Information Resources Center(MC 212)by March 31'of each annual monitoring period. Part V. Retention of Records The permittee must retain the following records for a minimum period of three(3)years from the date that a NOT is submitted as required by Part H.D. For activities that are not required to submit an NOT,records shall be retained for a minimum period of three(3)years from the date that either: final stabilization has been achieved on all portions of the site that is the responsibility of the permittee;or another permitted operator has assumed control according to over all areas of the site that have not been finally stabilized. Records include: 1. A copy of the SWP3 plan. 2. All reports and actions required by this permit,including a copy of the construction site notice. 3. All data used to complete the NOI, if an NOI is required for coverage under this general permit. Part VL Standard Permit Conditions 1. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued, and is grounds for enforcement action,for terminating coverage under this general permit,or for requiring a discharger to apply for and obtain an individual TPDES permit. 2. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director, upon request and within a reasonable time,any information necessary for the executive director to determine whether cause exists for revoking, suspending, or terminating authorization under this permit. Additionally, the permittee must provide to the executive director, upon request, copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28,Health and Safety Code§§ 361.032-361.033 and 361.037,and 40 Code of Federal Regulations(CFR) §122.41(i). The statement in Texas Water Code§26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety,internal security,and fire protection is not grounds for denial or restriction of entry to any part of the Page 29 TPDES General Permit TXR150000 facility or site,but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. 5. The discharger is subject to administrative,civil,and criminal penalties,as applicable,under Texas Water Code§§26.136,26.212,and 26.213 for violations including but not limited to the following: a negligently or knowingly violating CWA, §§ 301,302, 306, 307,308, 318,or 405, or any condition or limitation implementing any sections in a permit issued under CWA,§402,or any requirement imposed in a pretreatment program approved under CWA, §§402(a)(3)or 402(b)(8); b. knowingly making any false statement,representation,or certification in any record or other document submitted or required to be maintained under a permit,including monitoring reports or reports of compliance or noncompliance. 6. All reports and other information requested by the executive director must be signed by the person and in the manner required by 30 TAC§305.128(relating to Signatories to Reports). 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. Part VII. Fees Section A. Application Fees An application fee of $100 must be submitted with each NOI for coverage of a large construction activity. A fee is not required for submission of an NOT or NOC letter. Section B. Water Quality Fees Large construction activities authorized under this general permit must pay an annual Water Quality Fee of$100 under Texas Water Code 26.0291 and according to TAC Chapter 205 (relating to General Permits for Waste Discharges). Page 30 Appendix A. Periods of Low Erosion Potential by County Start Date-End Date Start Date-End Date Start Date- End Date Dec. 15-Feb.14 Nov.15-Apr.30 Nov.15-Jan.14 or Feb. 1 -Mar.30 Archer Andrews Crockett Baylor Armstrong Dickens Brown Borden Kent Callahan Brewster Motley Childress Briscoe Val Verde Coke Carson Coleman Castro Start Date-End Date Concho Crane Nov. 1-Apr. 14 or Nov. 15-Apr.30 Cottle Crosby Dallam Dimmit Dawson Hockley Eastland Deaf Smith Lamb Edwards Ector Parmer Fisher Floyd Ward Foard Gaines Hardeman Garza Start Date-End Date Haskell Glasscock Nov. 1-Apr.30 or Nov.15-May. 14 bion Hale Bailey Jones Hansford Cochran Kerr Hartley Jeff Davis Kimble Howard Loving King Hutchinson Presidio -- Kinney Lubbock Reeves Knox Lynn Winkler Mason Martin Yoakum Maverick Midland McCulloch Mitchell Start Date-End Date Menard Moore Nov.1 -May.14 Nolan Oldham Culberson Real Pecos Hudspeth Runnels Potter Schleicher Randall Start Date-End Date Shackelford Reagan Jan.1-Jul.14 or May. 15-Jul.31 or Stephens Scurry Jun. 1 -jAug.14 or Jun.15-Sept.14 or Stonewall Sherman Jul.1-Oct. 14 or Jul.15-Oct.31 or .-. Sutton Sterling Aug. l -Apr.30 or Aug. 15-May.14 or Taylor Swisher Sept.l-May.30 or Oct. 1-Jun. 14 or Throckmorton Terrell Nov.1 -Jun.30 or Nov. 15-Jul. 14 Tom Green Terry El Paso Uvalde Upton Wichita Start Date-End Date Wilbarger Start Date-End Date Jan. 1-Mar.30 or Dec. 1 -Feb.28 Young Feb.1-Mar.30 Collingsworth Wheeler Zavala Hall Donley Gray Hemphill Lipscomb Ochiltree Roberts Page 31 Attachment 1 TPDES General Permit TXR150000 aa� �Oawsw CONSTRUCTION SITE NOTICE FOR THE — Texas Commission on Environmental Quality(TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 ` The following information is posted in compliance with Part ELD.1. of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: www.tnrcc.state.tx.us/vennittinp-/watert)emi/wwt)erm/tDdestorrn Contact Name and Phone Number: Project Description: Physical address or description of the site's ocation, estimated start date and projected end ate, or date that disturbed soils will be tabilized) For Construction Sites Authorized Under Part II.D.1. the following certification must be completed: I (ryped or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization by waiver under Part II.D.1. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county, that period beginning on and ending on . I understand that if construction " activities continue past this period, all storm water runoff must be authorized under a separate provision of this general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date — Page 32 Attachment 2 TPDES General Permit TXR150000 NNW ENSWAr bw t .w rar err CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part H.D.2. of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: www.tnrcc.state.tx.us/t)ernu'tlin&watemenrL/wwvemi/tiDdestorm Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end ate, or date that disturbed soils will be tabilized) Location of Storm Water Pollution Prevention Plan : For Construction Sites Authorized Under Part II.13.2. (Obtaining Authorization to Discharge) the following certification must be completed: I (Typed or Printed None Person Completing This Certification)Ceitlfy Under penalty Of ,law that I have read and understand the eligibility requirements for claiming an authorization under Part II.D.2.of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan has been developed and implemented according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties for providing false information orfor conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Page 33 Attachment 3 TPDES General Permit TXR150000 CONCRETE BATCH FACILITIES STW/TXR15 /CO PERMITTEE NAM E/ADDRESS(inClUoe FACURYNamedocabon if DllrereM) NATIONAL POLLUTANT DISCPHASGE ELIMINATION SYSTEM NOTE: Enter your permit number in the NAME DISCHARGE MONITORING REPORT(DMR) underlined space in the upper right hand 2-1617-19 corner of this page.Example:STWrrXR15 001231 CO ADDRESS IMail to: TCEO(MC 212) P.O.Box 13087 FACILITY MONITORING PERIOD Austin,TX 78711-3087 LOCATION YEAR MO DAY YEAR MO DAY 01 01 12 31 (20-21) (22-23) (24-25) (26-27) (25-29) 30-31 PARAMETER (3 Card Only) QUANTITY OR LOADING (4 Card Only) QUALITY OR CONCENTRATION FIR=-NCv (32.37) (46-53) (54-61) (38-45) (46-53) (54-61) NO. OF SAMPLE EX ANALYSIS TYPE AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS (6363} (6468) (69-70) Total SAMPLE ....n.. ...,... ...,.„ ,...... Suspended MEASUREMENT Solids §ANtPL 1119/1 R15, I ICRE s,+r, e 3i Malta, t ;ra, Oil&Grease SAMPLE MEASUREMENT 11 m9/l pH SAMPLE .,,,... MEASUREMENT PE �",Ag" aass��TT.. i - (VG{�C4lRCM4� F 1� S.e p'" h'w"'1144 " rAA+++. d e '.Fib° �:a' eN Clf�'jn' .S.LI. SAMPLE N .. .._ ..... MEASUREMENT NAMErfITLE PRINCIPAL EXECUTIVE TELEPHONE DATE OFFICER CEAn"u RP9w LWDRuWm Tn SOOwNNT ANOauAMCHM WERE PREPARED W M W DIRECTCN OR SUPERVISION IN ACCIX ANCE WIn A S MMMMONEDTOASSURET TOWUFIEDPERSOMELMOPERLYGAh ERAND EVALUATET INF O-ONSIBMITIED,aASm ONMVINOURYOPnEPERSONOR ��GCNS WHO tNNAOE THESYSTEM.OP.RWSE FERSCNS OIRECRY RESPoNSI�E OATHEPoNO i>£INFORMAnON.THE IEIORNATON$IBMTTED S.TO ME BEST OF THEA REA sIEOm F u+TvewinEsraa uaR'a mrva us�Irio�rtrv,noNA'."ANc�ilm c SIGNATURE OF PRINCIPAL TlE voss�e,uTYOF nNE ANO ilwwsorvneNr FGR lwowu+ovlounrns. EXECUTIVE AREA NUMBER YEAR MO DAY TYPED OR PRINTED OFFICER AGENT HORI2:ED CODE COMMENTS AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here) EPA Form 3320-1(3-99) (REPLACES EPA FORM T-40 WHICH MAY NOT BE USED) PAGE OF Form Approved OMB No.2040-004 Page 34 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1