HomeMy WebLinkAboutContract 54025FORT WORTH «C No.5ao=s
CONTRACT
FOR
THE CONSTRUCTION OF
CANDLERIDGE PARK
EROSION CONTROL
City Project No. CO2717
Betsy Price
Mayor
David Cooke
City Manager
Richard Zavala
Director
Park & Recreation Department
Prepared for:
The City of Fort Worth
Park & Recreation Department OFFICIAL RECORD
CITY SECRETARY
2020 FT. WORTH, TX
Baird, Hampton & Brown
3801 William D. Tate, Suite 500
Grapevine, Texas 76051
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SKYLAR LYLE WIERZBICKI
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01 /30/2020
FORT WORTH.
City of Fort Worth
Standard Construction Specification
Documents
Adopted September 2011
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Pagel of 8
SECTION 00 00 00
TABLE OF CONTENTS
Division 00 - General Conditions
0005 10
Mayor and Council Communication
0005 15
Addenda
0011 13
Invitation to Bidders
0021 13
Instructions to Bidders
0035 13
Conflict of Interest Affidavit
00 41 00
Bid Form
00 42 43
Proposal Form Unit Price
0043 13
Bid Bond
00 43 37
Vendor Compliance to State Law Nonresident Bidder
0045 14
Bidder's Statement of Qualifications
00 45 26
Contractor Compliance with Workers' Compensation Law
00 45 40
Minority Business Enterprise Goal
00 45 41
Small Business Enterprise Goal
00 52 43
Agreement
0061 13
Performance Bond
0061 14
Payment Bond
0061 19
Maintenance Bond
00 61 25
Certificate of Insurance
00 72 00
General Conditions
00 73 00
Supplementary Conditions
Division 01
- General Requirements
01 1100
Summary of Work
01 2500
Substitution Procedures
01 31 19
Preconstruction Meeting
01 3120
Project Meetings
01 32 16
Construction Progress Schedule
01 3233
Preconstruction Video
01 3300
Submittals
01 35 13
Special Project Procedures
01 45 23
Testing and Inspection Services
01 50 00
Temporary Facilities and Controls
01 5526
Street Use Permit and Modifications to Traffic Control
0157 13
Storm Water Pollution Prevention Plan
01 58 13
Temporary Project Signage
01 6000
Product Requirements
01 66 00
Product Storage and Handling Requirements
01 70 00
Mobilization and Remobilization
01 7123
Construction Staking and Survey
01 74 23
Cleaning
01 77 19
Closeout Requirements
01 78 23
Operation and Maintenance Data
01 7839
Project Record Documents
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 8
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project's Contract Documents
Division 32 - Exterior Improvements
(1 32 1 i 7 Do,-.�.-..,,�,e Asphalt s..ha t P D ,iag o.,..,;.-
�Z
!1 32 1 1 4 To.v„- Asphalt s.-.ha t PavingD
�Z
320129 Gonerete Paving repair
32 1123 Flexible Rase Courses
32 Q 73 Asphalt Paving Gr-aek Sealants
32 13 13 Concrete Paving
32 1320 Gener-ete Sidewalks, Driveways and Baffief Free Ramps
32 14 16 1?fiek TT..it D.,yi .
32 1723 Pavement Markings
3zTrz5 Gur-b Address Painting
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACS)
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 3 of 8
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CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACS)
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 4 of 8
SPECIAL SPECIFICATIONS
99 99 99 Turf Mat (Pyramat)
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City's Buzzsaw site at:
hlps://proj ectpoint.buzzsaw. com/client/fortworthgov/Resources/02%20-
%20Construction%2ODocutnents/Specifications
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACS)
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 5 of 8
Division 31- Earthwork
31 1000 Site Clearing
3123 16 Unclassified Excavation
31 23 23 Borrow
31 24 00 Embankments
31 25 00 Erosion and Sediment Control
31 36 00 Gabions
Division 32 - Exterior Improvements
3201 17 Permanent Asphalt Paving Re�air
32W29 Lime e T .ea4e a -Base r,.ufses
32 31 29 Wood Fences a tes
3291 19 Topsoil Placement and Finishing of Parkways
3292 13 Hydro -Mulching, Seeding, and Sodding
32 93 43 Trees .,.,..a C'l.fubs
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 6 of 8
FtSF
IPMFA
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CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACS)
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 7 of 8
Appendix
GC-4.01
Availability of Lands (NONE)
GC-4.02
Subsurface and Physical Conditions
Geotechnical Engineering Study by CMJ Engineering
GC-4.04
Underground Facilities (NONE)
GC-4.06
Hazardous Environmental Condition at Site (NONE)
GC-6.06.1)
Minority and Women Owned Business Enterprise Compliance
GC-6.07
Wage Rates
GC-6.09
Permits and Utilities
Sec. 404 Permit Assessment by Integrated Environmental Solutions
GC-6.24
Nondiscrimination (NONE)
GR-01 60 00
Product Requirements (NONE)
END OF SECTION
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
Division 00
General Conditions
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/21 /20
M&C FILE NUMBER: M&C 20-0262
LOG NAME: 80CANDLERIDGE PARK EROSION CONTROL IMPROVEMENTS -
CONSTRUCTION
SUBJECT
Authorize the Execution of a Contract with C. Green Scaping, LP, in the Amount of $273,866.25, for
the Construction of the Candleridge Park Erosion Control Improvements Project (2018 BOND
PROGRAM) (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with C. Green
Scaping, LP, in the amount of $273,866.25, for the construction of the Candleridge Park Erosion
Control Improvements Project (City Project No. CO2717)
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
construction contract with C. Green Scaping, LP, in the amount of $273,866.25, for the construction
of Candleridge Park Erosion Control Improvements (City Project No. CO2717)
On June 24, 2019 the City administratively authorized an engineering agreement with Baird,
Hampton & Brown, Inc. (CSC# 52482) to develop the design and construction documents that
address stream bank erosion that is compromising existing park infrastructure along French Lake
Creek, located within Candleridge Park.
On January 30, 2020 and February 6, 2020, the project was advertised in the Fort Worth Star -
Telegram.
The following bids were received on February 27, 2020.
Bidder
Base Bid
C. Green Scaping, LP
$273,866.25
Stoic Civil Construction, Inc.
$274,742.50
Bernal Commercial Const. Co.
$296,600.00
Treg Erosion Control Specialists, LLC
$320,000.00
Cole Construction, Inc.
$432,940.00
McMahon Contracting, LP
$582,593.00
Base Bid improvements include mobilization, construction staking, site preparation, corrective
grading and excavation, rebuilding of retaining walls, installation of erosion control measures, and
the installation of turf mat. There are no Alternative Bid Items included in this contract.
Construction is anticipated to commence in May 2020. The contract time is 90 calendar days, and
there will be no impact on the Park & Recreation Department's annual operating budget when
competed.
Total project appropriations are summarized below:
Source
ITotal Project Appropriations
PARD General Capital Projects
$44,000.00
PARD Gas Lease Capital Projects Legacyl
$91,978.51
2018 Bond Program
$256,000.00
Total
$391,978.51
Funds for this project are included in the 2018 Bond Program. Available resources within the
General Fund will be used to provide interim financing until debt is issued. Once debt associated
with the project is sold, bond proceeds will reimburse the General Fund in accordance with the
statement expressing official Intent to Reimburse that was adopted as part of the ordinance
canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by
the Mayor and Council.
MWBE OFFICE; C.Green Scaping, LP is in compliance with the City's BIDE Ordinance by
committing to 4% MBE participation and documenting good faith effort. C.Green Scaping, LP
identified several subcontracting and supplier opportunities. However, the firms contacted in the
areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this
project is 16%. Additionally, C.Green Scaping, LP is a certified M/WBE firm.
This project is located in (COUNCIL DISTRICT 6)
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2018 Bond Program Fund, General Capital Projects Fund and the PARD Gas
Lease Capital Projects Legacy Fund for the Candleridge Park Erosion Control Improvements
Project, to support the approval of the above recommendation and award of the contract. Prior to
any expenditure being incurred, the Park & Recreation Department has the responsibility to
validate the availability of funds.
Submitted for City Manager's Office by:
Originating Business Unit Head:
Fernando Costa 6122
David Creek 5704
Additional Information Contact: Joel McElhany 5745
CITY OF FORT WORTH, TEXAS
PARK & RECREATION DEPARTMENT
ADDENDUM NO. 1
To the Specifications and Contract Documents For
CANDLERIDGE PARK EROSION CONTROL
City Project No. CO2717
Addendum No. 'I Issued: February 21, 2020
Sid Opening Date- February 27, 2020
This addendum forms part of the Specifications and Contract Documents for the above
referenced Project and modifies the original Specifications and Contract Documents.
Bidder shalt acknowledge receipt of this addendum in the space provided below and
acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of
this addendum could subject the bidder to disqualification.
The specifications and contract documents for CANDLERIDGE PARK EROSION
CONTROL are hereby revised by Addendum No. 1 as follows:
The Project Manual is revised as follows;
1. 00 41 04 - BID FORM: Section 4.1 was revised to read "The Work will be complete
for Final Acceptance within 90 days after the date when the Contract Time
commences to rut) as provided in Paragraph 2.03 of the General Conditions."
2. 00 42 43 - PROPOSAL FORM; The quantity for bid itern number 6) 3136.0104
Twisted Gabion Mattresses was revised to 40 CY,
3. 00 42 43 - PROPOSAL FORM: The quantity for bid item nurnber 11) 9999.0000
Natural Stone Retaining Wall (Haul -in R Install) was revised to 600 SFF.
4. 00 42 43 — PROPOSAL FORM: Bid item number 7) was revised to 9999.0000
18"x24" Concrete Footing with a quantity of 520 LF.
5. 00 42 43 PROPOSAL FORM: Bid item number 14) 9999.0000 24"x12" Concrete
Ballast was added with a quantity of 510 LF.
6. 00 45 40 - MINORITY BUSINESS ENTERPRISE GOAL: Line 15 and 16 were
revised to read "The City's MBE goal on this project is 16% of the total bid value of
the contract (Base ,bid applies to Parks and Community Services), "
A-Z ADDENDUM 1
CANDLERIDGE PARK EROSION CONTROL
City Project No. CO2717
Construction plans are revised as follows:
1. SHEET 4: EROSION CONTROL. & TREE PROTECTION PLAN: Inlet protection
added.
2. SHEET 6: EROSION CONTROL DETAILS: Curb inlet protection detail added
3. SHEET 8: SITE PLAN: Concrete ballast added to top of bank.
4. SHEET 9: CONSTRUCTION DETAILS ('I OF 4): Revised details to include 12"
ballast at tap of bank, turf mat tie-in to natural stone retaining wall and articulated
concrete mat tie-in to 24" concrete footing.
5. SHEET 12: CONSTRUCTION DETAILS (4 OF 4): Added detail for turf mat tie-in to
24" gabion mattress.
This Addendum No. 1, forms part of the Specifications & Contract Documents for the above
referenced project and modifies the original Project Manual & Contract Documents of the same.
Acknowledge your receipt of Addendum No. 1 by completing the requested information at the
following locations:
(1) 1n the space provided in Section 00 41 00, Bid Farm, Page 3 of 3
(2) indicate in upper case letters on the outside of your sealed bid envelope:
"RECEIVED & ACKNOWLEDGE ADDENDUM NO. I"
Include a signed copy of Addendum No. 1 in the sealed bid envelop at the time of bid submittal.
Failure to acknowledge receipt of Addendum No. I below could cause the subject bidder to be
considered "NONRESPONSIVE", resulting in disqualification.
RECEIPT ACKNOWLEDGED
Cam an : r , pi,
i c' LT'
f
Bryan Lyness, RLA
Project Man ger, Park & Recreation Department
Bran Lyness, R Project Manager
ADDENDUMI
CANDLERIaGE PART{ EROSION CONTROL
City Project No. CO2717
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001113-1
INVITATION TO BIDDERS
Page 1 of 2
SECTION 00 1113
INVITATION TO BIDDERS
RECEIPT OF BIDS
Sealed bids for the construction of CO2717 - Candleridge Park Erosion Control
Improvements will be received by the City of Fort Worth Purchasing Office:
City of Fort Worth
Purchasing Division
1000 Throckmorton Street
Fort Worth, Texas 76102
until R30 P.M. CST. Thursday. FebrhAW7. 2020, and bids will be opened publicly and read
aloud at 2:00 PM CST in the Council Chambers.
GENERAL DESCRIPTION OF WORK
The major work will consist of the (approximate) following:
30 CY of Twisted Gabion Mattress
90 SY of 24 " Concrete Footing
350 CYof Top Soil
3,500 SY of Sod
550 SFF of Natural Stone Retaining Wall
1, 700 SY of Turf Mat
225 SY of Articulated Stone Mat
PREQUALIFICATION
The improvements included in this project must be performed by a contractor who is pre -
qualified by the City at the time of bid opening. The procedures for qualification and pre -
qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS.
DOCUMENT EXAMINATION AND PROCUREMENTS
The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
of Fort Worth's Purchasing Division website at htip://www.fortworthtexas.goy/purchasing/ and
clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The
Contract Documents may be downloaded, viewed, and printed by interested contractors and/or
suppliers. The contractor is required to fill out and notarize the Certificate of Interested
Parties Form 1295 and the form must be submitted to the Project Manager before the
contract will be presented to the City Council. The form can be obtained at
httl)s://www.ethics.state.tx.us/tec/1295-Info.htm .
Copies of the Bidding and Contract Documents may be purchased from:
Baird, Hampton & Brown, Inc.
3801 William D. Tate Ave, Suite 500
Grapevine, Texas 76051
The cost of Bidding and Contract Documents is:
Set of Bidding and Contract Documents with full size drawings: $100
Set of Bidding and Contract Documents with half size (if available) drawings: $50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 22, 2016
Candleridge Park Erosion Control Improvements
Project No. CO2717
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001113-2
INVITATION TO BIDDERS
Page 2 of 2
PREBID CONFERENCE
A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO
BIDDERS at the following location, date, and time:
DATE: Monday, February 13, 2020
TIME: 10: 00AM
PLACE: 4200 s. Freeway, Suite 2200
Fort Worth, Texas 76115
LOCATION• [Provide ^''N
CITY'S RIGHT TO ACCEPT OR REJECT BIDS
City reserves the right to waive irregularities and to accept or reject bids.
INQUIRIES
All inquiries relative to this procurement should be addressed to the following:
Attn: Bryan Lyness, RLA, City of Fort Worth
Email: bryan.lyness@fortworthtexas.gov
Phone: (817) 392-5728
AND/OR
Attn: Skylar Wierzbicki, P.E., Baird, Hampton & Brown Inc.
Email: sierzbicki@bhbinc.com
Phone: (817) 251-8550
ADVERTISEMENT DATES
Thursday, January 30' , 2020
Thursday, February 6th , 2020
30 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 22, 2016
Candleridge Park Erosion Control Improvements
Project No. CO2717
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SECTION 00 2113
INSTRUCTIONS TO BIDDERS
1. Defined Terms
002113-1
INSTRUCTIONS TO BIDDERS
Page 1 of 9
1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72
00 - GENERAL CONDITIONS.
1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the
meanings indicated below which are applicable to both the singular and plural thereof.
1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting
directly through a duly authorized representative, submitting a bid for performing
the work contemplated under the Contract Documents.
1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or
corporation acting directly through a duly authorized representative, submitting a
bid for performing the work contemplated under the Contract Documents whose
principal place of business is not in the State of Texas.
1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
(on the basis of City's evaluation as hereinafter provided) makes an award.
2. Copies of Bidding Documents
2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
resulting from the Bidders use of incomplete sets of Bidding Documents.
2.2. City and Engineer in making copies of Bidding Documents available do so only for the
purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
for any other use.
3. Prime Bidder Qualification Requirements
3.1. The City will evaluate all submitted bids based on criteria and qualifications. 00 45 14
Bidder's Statement of Qualifications is to be submitted and received by the Parks and
Community Service Department Project Manager no later than 5:00 P.M., five (5) City
business days after the bid opening date, exclusive of the bid opening date.
3.1.1. The Prime Bidder, as general contractor or sub -contractor, must demonstrate
similar project scope experience on three (3) projects within the last three (3) years.
All subcontractors intended for use on this project shall also demonstrate similar
project scope experience necessary to successfully perform on their respective
portion of work on this project.
3.1.2. The Prime Bidder must provide a list the surety company(s) which issued bonds
for projects listed above. Additionally, the Prime bidder shall list the surety
company intended for use on this project.
3.1.3. The Prime Bidder must submit a current certified financial statement prepared by
an independent Certified Public Accountant.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised May 27, 2015 (PACs)
Candleridge Park Erosion Control Improvements
Project No. CO2717
0021 13 - 2
INSTRUCTIONS TO BIDDERS
Page 2 of 9
1 3.2. The City reserves the right to reject any or all bids and waive any or all formalities.
2 The City will award one contract with a combination of base bids and/or alternates
3 which is most advantageous to the City.
4
5 3.3. Additional requirements for qualification may be required within various sections of the
6 Contract Documents.
8 4. Examination of Bidding and Contract Documents, Other Related Data, and Site
9
10 4.1. Before submitting a Bid, each Bidder shall:
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12 4.1.1. Examine and carefully study the Contract Documents and other related data
13 identified in the Bidding Documents (including "technical data" referred to in
14 Paragraph 4.2. below). No information given by City or any representative of the
15 City other than that contained in the Contract Documents and officially
16 promulgated addenda thereto, shall be binding upon the City.
17
18 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and
19 site conditions that may affect cost, progress, performance or furnishing of the
20 Work.
21
22 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
23 progress, performance or furnishing of the Work.
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25 4.1.4.Omitted
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27 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or
28 contiguous to the Site and all drawings of physical conditions relating to existing
29 surface or subsurface structures at the Site (except Underground Facilities) that
30 have been identified in the Contract Documents as containing reliable "technical
31 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any,
32 at the Site that have been identified in the Contract Documents as containing
33 reliable "technical data."
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35 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of
36 the information which the City will furnish. All additional information and data
37 which the City will supply after promulgation of the formal Contract Documents
38 shall be issued in the form of written addenda and shall become part of the Contract
39 Documents just as though such addenda were actually written into the original
40 Contract Documents. No information given by the City other than that contained in
41 the Contract Documents and officially promulgated addenda thereto, shall be
42 binding upon the City.
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44 4.1.7. Perform independent research, investigations, tests, borings, and such other means
45 as may be necessary to gain a complete knowledge of the conditions which will be
46 encountered during the construction of the project. On request, City may provide
47 each Bidder access to the site to conduct such examinations, investigations,
48 explorations, tests and studies as each Bidder deems necessary for submission of a
49 Bid. Bidder must fill all holes and clean up and restore the site to its former
50 conditions upon completion of such explorations, investigations, tests and studies.
51
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
0021 13 - 3
INSTRUCTIONS TO BIDDERS
Page 3 of 9
1 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the
2 cost of doing the Work, time required for its completion, and obtain all information
3 required to make a proposal. Bidders shall rely exclusively and solely upon their
4 own estimates, investigation, research, tests, explorations, and other data which are
5 necessary for full and complete information upon which the proposal is to be based.
6 It is understood that the submission of a proposal is prima -facie evidence that the
7 Bidder has made the investigation, examinations and tests herein required. Claims
8 for additional compensation due to variations between conditions actually
9 encountered in construction and as indicated in the Contract Documents will not be
10 allowed.
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12 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or
13 between the Contract Documents and such other related documents. The Contractor
14 shall not take advantage of any gross error or omission in the Contract Documents,
15 and the City shall be permitted to make such corrections or interpretations as may
16 be deemed necessary for fulfillment of the intent of the Contract Documents.
17
18 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of:
19
20 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
21 the site which have been utilized by City in preparation of the Contract Documents.
22 The logs of Soil Borings, if any, on the plans are for general information only.
23 Neither the City nor the Engineer guarantee that the data shown is representative of
24 conditions which actually exist.
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26 4.2.2. those drawings of physical conditions in or relating to existing surface and
27 subsurface structures (except Underground Facilities) which are at or contiguous to
28 the site that have been utilized by City in preparation of the Contract Documents.
29
30 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
31 on request. Those reports and drawings may not be part of the Contract
32 Documents, but the "technical data" contained therein upon which Bidder is entitled
33 to rely as provided in Paragraph 4.02. of the General Conditions has been identified
34 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
35 responsible for any interpretation or conclusion drawn from any "technical data" or
36 any other data, interpretations, opinions or information.
37
38 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i)
39 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without
40 exception the Bid is premised upon performing and furnishing the Work required by the
41 Contract Documents and applying the specific means, methods, techniques, sequences or
42 procedures of construction (if any) that may be shown or indicated or expressly required
43 by the Contract Documents, (iii) that Bidder has given City written notice of all
44 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the
45 written resolutions thereof by City are acceptable to Bidder, and when said conflicts,
46 etc., have not been resolved through the interpretations by City as described in
47 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate
48 and convey understanding of all terms and conditions for performing and furnishing the
49 Work.
50
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
0021 13 - 4
INSTRUCTIONS TO BIDDERS
Page 4 of 9
1 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated
2 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
3 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract
4 Documents.
6 5. Availability of Lands for Work, Etc.
7
8 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for
9 access thereto and other lands designated for use by Contractor in performing the Work
10 are identified in the Contract Documents. All additional lands and access thereto
11 required for temporary construction facilities, construction equipment or storage of
12 materials and equipment to be incorporated in the Work are to be obtained and paid for
13 by Contractor. Easements for permanent structures or permanent changes in existing
14 facilities are to be obtained and paid for by City unless otherwise provided in the
15 Contract Documents.
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17 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed
18 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
19 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel
20 the award of contract at any time before the Bidder begins any construction work on the
21 project.
22
23 5.3. The Bidder shall be prepared to commence construction without all executed right-of-
24 way, easements, and/or permits, and shall submit a schedule to the City of how
25 construction will proceed in the other areas of the project that do not require permits
26 and/or easements.
27
28 6. Interpretations and Addenda
29
30 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to
31 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions
32 received after this day may not be responded to. Interpretations or clarifications
33 considered necessary by City in response to such questions will be issued by Addenda
34 delivered to all parties recorded by City as having received the Bidding Documents.
35 Only questions answered by formal written Addenda will be binding. Oral and other
36 interpretations or clarifications will be without legal effect.
37
38 Address questions to:
39
40 City of Fort Worth
41 1000 Throckmorton Street
42 Fort Worth, TX 76102
43 Attn: Bryan Lyness, RLA, Parks and Recreation Department
44 Fax: 817-392-5724
45 Email: bryan.lyness@fortworthtexas.gov
46 Phone: 817-392-5728
47
48 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by
49 City.
50
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
0021 13 - 5
INSTRUCTIONS TO BIDDERS
Page 5 of 9
1 6.3. Addenda or clarifications may be posted via Buzzsaw at <Insert Link to Documents>.
2
5 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or
6 INVITATION TO BIDDERS. Representatives of City will be present to discuss the
7 Project. Bidders are encouraged to attend and participate in the conference. City will
8 transmit to all prospective Bidders of record such Addenda as City considers necessary
9 in response to questions arising at the conference. Oral statements may not be relied
10 upon and will not be binding or legally effective.
11
12 7. Bid Security
13
14 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
15 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
16 the requirements of Paragraphs 5.01 of the General Conditions.
17
18 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
19 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
20 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in
21 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited.
22 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
23 other Bidders whom City believes to have a reasonable chance of receiving the award
24 will be retained by City until final contract execution.
25
26 8. Contract Times
27 The number of days within which, or the dates by which, Milestones are to be achieved in
28 accordance with the General Requirements and the Work is to be completed and ready for
29 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
30 attached Bid Form.
31
32 9. Liquidated Damages
33 Provisions for liquidated damages are set forth in the Agreement.
34
35 10. Substitute and "Or -Equal" Items
36 The Contract, if awarded, will be on the basis of materials and equipment described in the
37 Bidding Documents without consideration of possible substitute or "or -equal" items.
38 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-
39 equal" item of material or equipment may be furnished or used by Contractor if acceptable to
40 City, application for such acceptance will not be considered by City until after the Effective
41 Date of the Agreement. The procedure for submission of any such application by Contractor
42 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General
43 Conditions and is supplemented in Section 0125 00 of the General Requirements.
44
45 11. Subcontractors, Suppliers and Others
46
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
0021 13 - 6
INSTRUCTIONS TO BIDDERS
Page 6 of 9
1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-
2
12-2011 (as amended), the City has goals for the participation of minority business
3
and/or small business enterprises in City contracts. A copy of the Ordinance can be
4
obtained from the Office of the City Secretary. The Bidder shall submit the MBE and
5
SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor
6
Waiver Form and/or Good Faith Effort Form with documentation and/or Joint
7
Venture Form as appropriate. The Forms including documentation must be received
8
by the City no later than 2:00 P.M. CST, on the second business days after the bid
9
opening date. The Bidder shall obtain a receipt from the City as evidence the
10
documentation was received. Failure to comply shall render the bid as non -
II
responsive.
12
13
11.2.
No Contractor shall be required to employ any Subcontractor, Supplier, other person
14
or organization against whom Contractor has reasonable objection.
15
16
12. Bid Form
17
18
12.1.
The Bid Form is included with the Bidding Documents; additional copies may be
19
obtained from the City.
20
21
12.2.
All blanks on the Bid Form must be completed by printing in ink and the Bid Form
22
signed in ink. Erasures or alterations shall be initialed in ink by the person signing
23
the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit
24
price item listed therein. In the case of optional alternatives, the words "No Bid,"
25
"No Change," or "Not Applicable" may be entered. Bidder shall state the prices,
26
written in ink in both words and numerals, for which the Bidder proposes to do the
27
work contemplated or furnish materials required. All prices shall be written legibly.
28
In case of discrepancy between price in written words and the price in written
29
numerals, the price in written words shall govern.
30
31
12.3.
Bids by corporations shall be executed in the corporate name by the president or a
32
vice-president or other corporate officer accompanied by evidence of authority to
33
sign. The corporate seal shall be affixed. The corporate address and state of
34
incorporation shall be shown below the signature.
35
36
12.4.
Bids by partnerships shall be executed in the partnership name and signed by a
37
partner, whose title must appear under the signature accompanied by evidence of
38
authority to sign. The official address of the partnership shall be shown below the
39
signature.
40
41
12.5.
Bids by limited liability companies shall be executed in the name of the firm by a
42
member and accompanied by evidence of authority to sign. The state of formation of
43
the firm and the official address of the firm shall be shown.
44
45
12.6.
Bids by individuals shall show the Bidder's name and official address.
46
47
12.7.
Bids by joint ventures shall be executed by each joint venturer in the manner
48
indicated on the Bid Form. The official address of the joint venture shall be shown.
49
50
12.8.
All names shall be typed or printed in ink below the signature.
51
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
0021 13-7
INSTRUCTIONS TO BIDDERS
Page 7 of 9
1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
2 which shall be filled in on the Bid Form.
4 12.10. Postal and e-mail addresses and telephone number for communications regarding the
5 Bid shall be shown.
7 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of
8 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance
9 to State Law Non Resident Bidder.
10
11 13. Submission of Bids
12 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents,
13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS,
14 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope,
15 marked with the City Project Number, Project title, the name and address of Bidder, and
16 accompanied by the Bid security and other required documents. If the Bid is sent through the
17 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope
18 with the notation "BID ENCLOSED" on the face of it.
19
20 14. Modification and Withdrawal of Bids
21
22 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be
23 withdrawn prior to the time set for bid opening. A request for withdrawal must be
24 made in writing by an appropriate document duly executed in the manner that a Bid
25 must be executed and delivered to the place where Bids are to be submitted at any
26 time prior to the opening of Bids. After all Bids not requested for withdrawal are
27 opened and publicly read aloud, the Bids for which a withdrawal request has been
28 properly filed may, at the option of the City, be returned unopened.
29
30 14.2. Bidders may modify their Bid by electronic communication at any time prior to the
31 time set for the closing of Bid receipt.
32
33 15. Opening of Bids
34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
35 abstract of the amounts of the base Bids and major alternates (if any) will be made available
36 to Bidders after the opening of Bids.
37
38 16. Bids to Remain Subject to Acceptance
39 All Bids will remain subject to acceptance for the time period specified for Notice of Award
40 and execution and delivery of a complete Agreement by Successful Bidder. City may, at
41 City's sole discretion, release any Bid and nullify the Bid security prior to that date.
42
43 17. Evaluation of Bids and Award of Contract
44
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
002113-8
INSTRUCTIONS TO BIDDERS
Page 8 of 9
1 17.1. City reserves the right to reject any or all Bids, including without limitation the rights
2
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids
3
and to reject the Bid of any Bidder if City believes that it would not be in the best
4
interest of the Project to make an award to that Bidder, whether because the Bid is
5
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
6
meet any other pertinent standard or criteria established by City. City also reserves
7
the right to waive informalities not involving price, contract time or changes in the
8
Work with the Successful Bidder. Discrepancies between the multiplication of units
9
of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
10
between the indicated sum of any column of figures and the correct sum thereof will
11
be resolved in favor of the correct sum. Discrepancies between words and figures
12
will be resolved in favor of the words.
13
14
17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
15
among the Bidders, Bidder is an interested party to any litigation against City,
16
City or Bidder may have a claim against the other or be engaged in litigation,
17
Bidder is in arrears on any existing contract or has defaulted on a previous
18
contract, Bidder has performed a prior contract in an unsatisfactory manner, or
19
Bidder has uncompleted work which in the judgment of the City will prevent or
20
hinder the prompt completion of additional work if awarded.
21
22
17.2.
City may consider the qualifications and experience of Subcontractors, Suppliers, and
23
other persons and organizations proposed for those portions of the Work as to which
24
the identity of Subcontractors, Suppliers, and other persons and organizations must
25
be submitted as provided in the Contract Documents or upon the request of the City.
26
City also may consider the operating costs, maintenance requirements, performance
27
data and guarantees of major items of materials and equipment proposed for
28
incorporation in the Work when such data is required to be submitted prior to the
29
Notice of Award.
30
31
17.3.
City may conduct such investigations as City deems necessary to assist in the
32
evaluation of any Bid and to establish the responsibility, qualifications, and financial
33
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
34
organizations to perform and furnish the Work in accordance with the Contract
35
Documents to City's satisfaction within the prescribed time.
36
37
17.4.
Contractor shall perform with his own organization, work of a value not less than
38
35% of the value embraced on the Contract, unless otherwise approved by the City.
39
40
17.5.
If the Contract is to be awarded, it will be awarded to lowest responsible and
41
responsive Bidder whose evaluation by City indicates that the award will be in the
42
best interests of the City.
43
44
17.6.
Pursuant to Texas Government Code Chapter 2252.001, the City will not award
45
contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
46
the lowest bid submitted by a responsible Texas Bidder by the same amount that a
47
Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
48
comparable contract in the state in which the nonresident's principal place of
49
business is located.
50
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
0021 13 - 9
INSTRUCTIONS TO BIDDERS
Page 9 of 9
1 17.7. A contract is not awarded until formal City Council authorization. If the Contract is
2 to be awarded, City will award the Contract within 90 days after the day of the Bid
3 opening unless extended in writing. No other act of City or others will constitute
4 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by
5 the City.
6
7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
8
9 18. Signing of Agreement
10 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the
11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter
12 Contractor shall sign and deliver the required number of counterparts of the Agreement to
13 City with the required Bonds, Certificates of Insurance, and all other required documentation.
14 City shall thereafter deliver one fully signed counterpart to Contractor.
15
16
17
18 END OF SECTION
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised May 27, 2015 (PACs)
00 35 13
BID FORM
Page 1 of 1
SECTION 00 35 13
CONFLICT OF INTEREST STATEMENT
Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth
procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form)
and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant
to state law. You are urged to consult with counsel regarding the applicability of these forms to your
Company.
The referenced forms may be downloaded from the links provided below-
http://www.ethics-state.tx.us/forms/CIQ-pd
http://www.ethics.state-tx.us/forms/ClS.pdf
.1 CIQ Form does not apply
I CIQ Form is on file with City Secretary
CIQ Form is being provided to the City Secretary
I I CIS Form does not apply
.I CIS Form is on File with City Secretary
1 CIS Form is being provided to the City Secretary
BIDDER:
C. Green Scaping, LP By: Curtis J. Green
2401 Handley Ederville Rd. Sign�far��
p
Ft. Worth, TX 76118 Title: Vice President
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20171109 Candleridge Park Erosion Contral Improvements_City Project No CO2717-As
0041 00
BID FORM
Page 1 of 3
TO: The Purchasing Manager
c/o, The Purchasing Division
1000 Throckmorton Street
City of Fort Worth, Texas 76102
FOR:
City Project No.: CO2717
SECTION 00 41 00
BID FORM
Candlerldge Park Erosion Control Improvements
Units/Sections: UNIT 1: Erosion Control Improvements
1. Enter Into Agreement
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form
included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents
for the Bid Price and within the Contract Time indicated in this Bid and In accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER Acknowledgements and Certification
2.1, In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and
INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
2.2, Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will
provide a valid insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or rules of any group.
association, organization, or corporation.
2.4. Bidder has not directly or indirectly Induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.$. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.
For the purposes of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to
Influence the action of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the
bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive
levels, or (c) to deprive City of the benefits of free and open competition.
c, "collusive practice" means a scheme or arrangement between two or more Bidders, with or
without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-
competitive levels_
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20150821 Candlerldge Park Eroston Control Improvements_ Clty Project No. CO2717
0041 00
BID FORM
Page 2 of 3
d "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the bidding process or affect the execution of the
Contract.
3. Prequalif!cation
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and
subcontractors;
a. None
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 90 days after the date when the
the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete
the Work (and/or achievement of Milestones) within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 '13 issued by a surety meeting the requirements of Paragraph
5.01 of the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Nan Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of find)
f Bidder's Statement of Qualifications, Section 00 45 12
g. Conflict of Interest Affidavit, Section 00 35 13
"If necessary, C1Q or CIS farms are to be provided directly to City Secretary
h. Any addltionai documents that may be required by Section 12 of the Instructions to Bidders
$. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In
the space provided below, please enter the total bid amount for this project. Only this figure will be read
publicly by the City at the bid opening.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fonn Revised 20150821 Candiaridge Park Erosion Control Imprwemertls_ City Project No. CO2717
0041 as
BID FORM
Page 3of3
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is
subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective
estimated quantities shown in this propose# and then totaling all of the extended amounts.
6.3.
Total Bid
7. Bid Submittal
This Bid is submitted on February 27, 2020
Respectfully submitted,
By:
(Signature)
Curtis J. Green
(Printed Name)
Title: Vice President
Company: C. Green Scaping, LP
Address: 2401 Handley Ederville Rd.
Ft. Worth, TX 76118
State of Incorporation: Texas
Email: ccreen(&,nreenscaalng.com
Phone: 817-577-9299
END OF SECTION
$273.866.25
by the entity named below,
Receipt is acknowledged of the
following Addenda:
Initial
Addendum No. 1: 2/21120
Addendum No. 2:
Addendum No. 3:
Addendum No. 4:
Corporate Seal:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20150621 Candleridge Park Erasion Control Improvemenls_ City Project No. CO2717
71,
G J
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SECTION Oo 43 13
BID BOND
KNOW ALL BY THESE PRESENTS:
as as 13
BID BOND
Page 1 of 2
That we, C. Green Scaping, LP , known as
"Bidder" herein and Liberty Mutual Insurance Company a corporate surety
duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City
of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum
of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth,
Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid or proposal to perform Work for the folfowing project
designated as Candleridge Park Erosion Control Improvements
a
NOW, THEREFORE, the condition of this obligation is such that if the City shall award
the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions
required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with
the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to
execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required
for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal
and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between
Principal's total bid amount and the next selected bidder's total bid amount.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by
duly authorized agents and officers on this the 27th day of February , 2020.
ATTEST:
Witness as to Prinb pal
PRINCIPAL'
C. Green
Scalping,
Curtis J. Green
Name and Title
CITY OF FORT WORTH
STANDARD CONSTRUCT[ON SPEC IrICAT[ON 00CUMENTS
Form Revised 2017t109 Canill eridge Park Erosion Control Imp rovemenis_Cily Project No CO2717
6d�q h&�-
Witness as to Sueet - Bailfiy Ityles (processor)
Attach Power of Attorney (Surety) for Attorney -in -Fact
Address- 2401 Handley Ederville Rd.
Ft. Worth, TX 76118
SURETY:
Liberty Mutual insurance Compan
175 Berkeley Street, Boston, MA 02116
6Y:
�Sig�nre
Kylie Kelsoe - Attorney in Fact
Narne and Title
Address: 320 Eagle Drive, Ste 210
Denton, TX 76201
Telephone Number: 940-382-9691
0043 13
010 BOND
Page 2 ul 2
`Note: If signed by an officer of the Surety Company, there must be on file a certifled extract from the by laws
showing that this person has authority to sign such obligation. If Surety's physical address is different from
its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract
is awarded.
END OF SECTION
CITY OF FORT WORTH Rlvenlde communly Park Ph t Pro}ec+
STANDARD CONSTRUCTION SPECIF{CATION DOCUMENTS Guy Project No. Got198
Form Revised 20110527
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT 1S PRINTED ON RED BACKGROUND.
This Power o€Attorney limits the acts of those named herein, and they have no authority to hind the Company except In the manner and to the extent herein stated.
Certificate No. 7952918
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusells, and West American insurance Company is a corporation duly
organized under the laws of the State of Indiana {herein collectively called the'Companies'S, pursuant to and by authority herein set forth, does hereby name, constilute and appolnt,
KVlle Kelsoe; James E. King; Jeff P. Ktng; Rachyl Mullins
all of the city of Denton state of TX each individually if there be more than one named, its flue and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an aulhorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 30th day of November 2017
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The Ohio Casually Insurance Company
Liberty Mutual Insurance Company
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0 1919 Y 1912 ;N 1991 a West merican Insurance Company
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STATE OF PENNSYLVANIA ss ❑avid M. Carey Assistant Secretary
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COUNTY OF MONTGOMERY
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this 30th day of November 2017 ,before me personally appeared David M. Carey, wflo acknowledged himself to he the Assistant Secretary of Liberty Mutual Insurance
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Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
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1herein contained by signing on behalf of the corporations by himself as a duly aulhorized officer.
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IN WITNESS ANEREOF, ! have hereunto suhscribad my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
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PA,gl, COMMONWEALTH 6F PENNSYLVAN! A ��
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Teresa Paslella, Notary Public By
OF Upper MerlonTwp., Montgomery County Teresa Pastella, Notary Public
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
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Insurance Company, and West American Insurance Company which resolulions are now in full force and effect reading as follows:
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ARTICLE IV— OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
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to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
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acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -Fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
as
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executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authodly granted to any representative or atiomey-in-fact under
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the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the office rorelficers granling such power or authority.
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ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company aulhorized for Ihat purpose in writing by the chairman or the president,
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and subject to such limitations as the chairman or the president may prescribe, shall appoint such allomeys-in-feel, as may be necessary to act in behalf of the Company to make, execute,
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seal, acknowledge and deliver as surety any aid all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
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respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such insirumen ts and to allarh thereto the seal of the Company. When so
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executed such instruments shall be as binding as if signed by the president and attested by the secretary.
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Certi€icate of DesIgnatlon — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in-
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fact as may be necessary to act on behalf. of the Company to make, execute, seal, acknowledge and deliver as surely any and all uriderlakings, bonds, reeognizances and other surety
obligations.
Authorization -- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signal ure of any ass! s Ian t secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issuad by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey.executed by said Companies, Is in full farce and effect and
has not been revoked, ,}�
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thisa ` flay of _ 2t .
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Liberty
mutual
SURETY
TEXAS
RAPORTANT NOTICE
To obtain infovnation or make a complaint;
You may call toll -free for ii7formation or to
make a complaint at
1-977-7i1-'2640
You may also write to:
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-1644
You may contact the Texas Department of
hjswU aill:e to ul twill illronli 1tiull oil V01111}dI11L's,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
Consumer Protection (I I I-1A)
P. O. Box 149091
Austin, TX 78714-9091
FAX: (512) 490-1007
Web: http://www.tdi.texas.gov
E-mail: ConsunterProtectiontr`7i tdi.texas.goy
PREMIUTYI OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claun you should first
contact the agent or call 1-800-843-6446.
If the dispute is not resolved, you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO `,rO1JR
POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
TEXAS
AVISO MAPORTANTE
Para obtener informacion o para Korneter una
queja:
Usted puede ltamar al numero de telefono gratis
para informacion o para someter una queja al
1-877-751-2640
Usted tambien puede escribir a:
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-1644
Puede cornunicarse con cl Departamento de
Segllros de Texas para olllener InfolZtlsIuivi1
acerca de companias, coberturas, derechos o
quejas al
1-800-252-3439
Puede escribir at Departanmento de Seguros
de Texas Consumer Protection (I I I-1A)
P. O. Box 149091
Austin, TX 78714-9091
FAX 4 (512) 490-1007
Web: IIU://www.tdi.tex4s. gnu
E-mail: ConsumerProtection a tdi.texas.gov
DISPUTAS 80BRE PRIMAS ❑ REC.LAMOS:
Si tiena una disputa eoncerniente a su prima o a
un reelamo, debe coniul>icarse con el agente o
primero. Si no se resuelve la disputa, puede
entonces coniunicarse con el departamento (TDI)
IJNA ESTE AVISO A SIT P0T,T7,A:
Este aviso es solo para proposito de inforuracion
y no se convierte en parte o condicion del
documento adjunto.
NP 70 68 09 01
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This
law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state
contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects
for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident
bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident
bidders must check the box in Section B.
A. Nonresident bidders in the State of latP Horn: of RInnk , our principal place of business,
are required to be percent lower than resident bidders by State Law, A copy of the
statute is attached.
Nonresident bidders in the State of ' L-dr! 1-I2trf, or Rlmik , 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. L,
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C. Green Scalping, LP By: Curtis J. Green
2401 Handley Ederville Rd-
0 (Signaturey
Ft. Worth, TIC 76118
Title; Vice President
Date:. 2 t� l
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 Candleridge Park Erosion Control Imrpvomenls_City Projee! No. CO2717.xls
0045 12
BID FORM
Page 1 of 1
SECTION 00 45 12
PREQUALIFICATION STATEMENT
Each Bidder for a City procurement is required to complete the information below by identifying the prequa}ified
contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed.
Major Work Type
Contractor/Subcontractor Company Name
Prequalification
Expiration Date
None
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The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are
currently prequalified for the work types listed.
C. Green Scaping, LP By: Curtis J. Green
2401 Handley Ederville Rd. ��l 1�----
0 (Signature)
Ft. Worth, TX 76118
Title: Vice President
Date: _ l
END OF SECTION
CITY of FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120 Candleridge Park Erosion Control Improvements_ City Project No CO2717.xis
GREEN SOAPING JJLJ[]
Grass Establishment • Erosion Control • Wetland Development • Mitigation • Biotechnical Embankment
D/M/WBE HFDBO1952YO918 and Small Business Enterprise
BIDDER'S STATEMENT OF QUALIFICATIONS
Firm dame: C. Green Scaping, LP
Address. 2401 Handlev Ederville Rd.
City: Fort Worth
Date Organized: 19$4
® PARTNERSHIP ❑ CORPORATION
State: TX
Zip: 76118
Telephone Number: 817-577-9299 Fax Number: 817-577-9331
Number of years in business under present name: 20
Former narne(s) of organization: Green Scaping, Co, Green Scaping, Inc.
CLASSIFICATION: ® General ® Building
❑ Utilities ❑ Earthwork
® Electrical ® Plumbing
® Paving ® Other
1. LIST NAMES OF KEY PERSONNEL AND ROLE OF EACH INDIVIDUAL FOR THIS PROJECT:
-Stacy Geigenmiller — Project Manager
Codv Johnson — Proiect Estimator
Lemoine -- Project Superintendent
❑ HVAC
2. DESCRIBE HISTORY AND ORGANIZATION OF THE COMPANY. LIST HISTORY OF FINANCIAL
HARDSHIPS AND RE -ORGANIZATIONAL HISTORY:
Green Scaping was established in May of 1984. At that time, Green Scaping specialized in
maintenance, irrigation and landscaping. In June of 1992, the company added focus to include large
erosion control projects. Our practices include athletic fields, parks, stadiums, mine reclamation,
drainage control, commercial sites, landscaping, landfills, and wetland mitigation projects. Green
Scaping has branched out to include brick pavers, gabions, utilities and concrete construction to our
list of services.
We currently own in excess of $5 million of erosion control and construction equipment. We are
capable of following techniques of turf establishment, block or roiled sod, spot or plug sodding,
hydra -sprigging, hydro -seeding, hydro -mulching, sprigging, straw and hay mulching, broadcast and
2401 1-1and Iey EderviIIe Rd. — Fort Wortli — 'Texas — 761 18
Tel: 817,577.9299 -- Fax: 817.577.9331 — Web: ww w.greemwaping-coin
GREEN SOAPING ®kJ[]
Grass Establishment • Erosion Control • Wetiand Development - Mitigation • Biotechnical Embankment
p/M/WBE HFDBO1952YO918 and Small Business Enterprise
drill seeding, pipe irrigation and truck watering, as well as installation of brick pavers, modular walls,
gabion retaining embankments, and concrete construction.
Green Scaping has a thorough and knowledgeable background in turf establishment, landscaping,
concrete construction and irrigation. Green Scaping specializes in large scale landscaping, such as
parks, community developments, roadway and highway improvement projects, etc.
3. LIST COMPLETED COMPANY PROJECTS THAT SCOPE WAS SIMILAR TO THIS PROJECT.
Covenant Christian Academy— New Baseball Field Complex with Weight Room Building
New construction of baseball field including grading, concrete, fence work, dugouts, retaining walls,
playground, landscape, irrigation, construction of concession and weight room buildings, masonry,
storm sewer, and electrical
CCA Rep -- Steve Turner 817-281-4333, ext. 117
$ 4.6 million +/-
Hwy 10 Landscape Enhancements — Phase 1 (TXDOT Funded)
Median landscape, irrigation, concrete mow strips, bores, maintenance
City of Hurst — Eric Starnes 817-788-7218
$ 360,000 +/-
Hwy 10 Landscape Enhancements -- Phase 2 (TXDOT Funded)
Median landscape, irrigation, concrete mow strips, bores, maintenance
City of Hurst — Eric Starnes 817-788-721S
$ 501,000 +/-
Hwy 10 Landscape Enhancements— Phase 3 (TXDOT Funded)
Median #andscape, irrigation, concrete maw strips, bores, maintenance
City of Hurst — Eric Starnes 817-788-7218
$ 621,000 +/-
Ft. Worth - Trail Drive Extension
Install landscape (8-9" caliper trees along with smaller material), irrigation, concrete mow strips,
decomposed granite, gates & pipe rail, retaining wall, and seeding
MCClendon Construction (General Contractor on Project) - Justin Blair 817-295-0066
$ 500,000 +/-
Bedford Boy's Ranch Phase I
Concrete paving, creek ledge stone, bridges, pavilions, masonry, electrical, playground, site
amenities, pond excavation, fountains
City of Bedford - Don Henderson 817-952-2308
$ 3,100,000 +/-
2401 Handley Ederville Ind. — Fart Worth — Texas — 76118
Tel: 817.577,9299 — Fax: 817,577.9331 — Web: Avww.greenscaping.corn
GREEN SOAPING JJJJ[]
Grass Establishment • Erosion Control • Wetland Development • Mitigation - Biotechnical Embankment
D/M/WBE 140801952Y6918 and Small Business Enterprise
Bear Creek Park & Highlands Recreation Area
Concrete flatwork, pavilions, playground, site amenities, landscape and irrigation
Dunkin Sims Stoffels Inc. — Dennis Sines 214-553-5778
$ 1,088,000 +/_
4. LIST OF PROJECTS CURRENTLY UNDER CONSTRUCTION OR UNDER CONTRACT:
Arlington Landfill Final Cover 2
Design and install permanent irrigation system with pump
FCS Construction — Curtis Davee 214-975-0808
$ 443,000 +/- 40% Complete 3/2020
Hwy 10 Landscape Enhancements — Phase 4 (TXDOT Funded)
Median landscape, irrigation, concrete mow strips, bores, maintenance
City of Hurst — Eric Starnes 817-788-7218
$ 405,000 +1- 0% Complete 10/2020
Viridian — Lake Slope Park North and Storm Park
Construction of concrete hike and hike trails, RCP storm sewer, masonry, water fountain features,
bridges, and site furnishings
Johnsen Development Corp. — Howard PorteLIS 817-200-6543
$ 2.4 million +/- 65% Complete 5/2020
S. ADDITIONAL REFERENCES WE HAVE WORKED FOR OR UNDER AS SUB -CONTRACTOR:
1. Pat Pabich — YTL, Inc., 817-999-6839; pat@Ytlinc.com
2, Eric Starnes — City of Hurst, 817-788-7218; estarnes@hursttx.Rov
3. Ron Stinson —JLB Contracting, 817-261-2991; ronald.stinson@Texas$ii.com
4. Mike Brackney -- LD Kemp Excavation, 817-281-4470; pmike_bra_c_kP wbell.net
5. Curtis Davee — FCS Construction, LP, 214-975-0808; cdavee(@friscocs.com
6. LIST HISTORY WITH CLAIMS AGAINST THE COMPANY FOR FAULTY OR INCOMPLETE WORK,
No claims have been made against Green Scaping, we complete every project awarded to us.
7. LIST FINANC€AL INFORMATION:
Name of financial statement auditor: Broder Pineider & Ford, LLP, 400 North Carroll Avenue,
Southlake, TX 76092
2401 1-1and Iey EderviIIe Rd. — Fart Woi1h -- Texas -- 76118
Tel: 817,577.9299 — Fax: 817.577.9331 — Web: ���� ��+.greetiscapin8,cam
GREEN SOAPING JJLD
Grass Establishment , Erosion Control • Wetland Development • Mitigation • Biotechnical Embankment
❑/M/WBE HFD801952YO919 and Small Business Enterprise -
Name of bank reference: Frost Bank, Mark Spriggs, 340 Grapevine Hwy, Hurst, TX 76054, 817-420-
5654
Name of bonding company; Liberty Surety First
Name and address of agent: Alisha Weis, 12750 Ment Drive #710, Dallas, TX 75251
8. DESCRIBE CONTRACTORS APPROACH TO MEET SUBSTANTIAL_ COMPLETION SCHEDULE:
Our project management team focuses solely on the traditional triple constraints of time, scope and
cost. We can formulate a wort: breakdown structure and employ the Critical Path Method to make
sure everyone on our team is on the same page to get each portion of the project done. We follow
stringent internal scheduling to keep our superintendents and foremen focused on the tasks in front
of them. Because Green Scaping self performs almost every tasks of each project, employees a large
skilled work force and owns enormous amount of equipment it has the resources other companies in
our industry d❑ not. If a project does get off schedule, our superior scheduling techniques, human
resources and management team can allow us to break crews down to essential personnel and
reinforce other crews with manpower to put that portion of the project back on schedule.
9. DESCRIBE FIRMS EQUIPMENT AND MAN POWER TO MANAGE THE PROJECT:
Green Scaping is a unique company in that we self -perform almost every task of each project. We
employee a large skilled work force and own enormous amount of equipment and have the resources
other companies in our industry do not. The reduction of outside subcontractors working at the same
time in small areas creates a much more efficient environment for the owner, architects and Green
Scaping to work together to complete the project.
10. WARRANTY PROGRAM
C. Green Scaping will warrant all labor performed and material installed at the project, in accordance
with the contract, drawings, specifications, alterations and additions thereto, for a period as stated in
the Project Contract. Under this warranty, Green Scaping will be provided the ❑pportunity to have
one of its representatives assess any damage identified to be caused by Green Scaping employees
and/or material installed by Green Scaping. If said damage is judged to be the fault of Green Scaping
workmanship and/or material, Greer) Scaping will at no cost to the Owner repair or replace defective
material.
2401 Handley Ederviile Rd. — Fort Worth — Texas — 75118
Tel: 817.577.9299 — Fax: 817.577,9331 —1Web: www.green scapirig,cot71
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CITY OF FOR f WOR I H
STANDARD COitiSTRUCTION SPECIFICATION [H]CUMFN'15
Reused JuA' 1 2011
(10452r�- I
C 7NTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page I of I
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended. Contractor certifies that it provides
workers compensation insurance coverage for all of its employees employed on
City Project No.: CO2717—Candieridge Park Erosion Control Improvements
Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b)- as amended, it will
provide to Cily its subcontractor's certificates ofconipliance with worker's compensation coverage.
CONTRACTOR:
C. Green Scaping, LP
Comp -ally
2401 Handley Ederville Rd
Address
Ft. Worth, Tx 76118
City/state/zip
THE STATE OF TEXAS §
COUNTY OF TARRANT §
By: Cathleen Ruiz
Please Print)
- r
Signature:
r
Title: president
(Please Print)
BEFORE ME, the undersigr]ed authority, on [his day personally appeared.
Cathleen Ruiz , known to me to be the person whose name is subscribed to
[he Foregoing instrument. and acknowledged to me that he/she executed the sane as the act and steed of
C. Green Scaping, LP
[lie capacity therein stated.
for the puil)oses and consideration therein expressed and in
GIVEN LINDER MY HAND AND SEAL OF 01-FICE
this p day of .J Ur]t 2020. -,z P 0", STACY LEE GEIGENMiLLER
_Notary Public, state It Texas
=N�• q Comm, Expires 43.13-2022
�i Notary Q 125617920
Notary Pub] in a:]d fos he State of -Texas
END OF SECTION
Coodlrridgc Pai4- Lrns io Pr Con a vl Impr jivinc-"7d
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00 45 40 - 1
Minority Business Enterprise Specifications
E
Page 1 of 2
SECTION 00 45 40
Minority Business Enterprise Specifications
APPLICATION OF POLICY
If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is
applicable.
9 POLICY STATEMENT
10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority
11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and
12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid.
13
14 MBE PROJECT GOALS
15 The City's MBE goal on this project is 16% of the total bid value of the contract (Base bid applies to
16 Parks and Community Services).
17
18 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror
19 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive.
20
21 COMPLIANCE TO BID SPECIFICATIONS
22 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to
23 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or
25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or
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3. Good Faith Effort documentation, or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Purchasing Division, within the following times
allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall
4eliver the MBE documentation in person to the appropriate employee of the purchasing division and
obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the
time allocated. A faxed and/or emailed copy will not be accepted.
1. Subcontractor Utilization Form, if
received no later than 2:00 p.m., on the second City business
goal is met or exceeded:
day after the bid opening date, exclusive of the bid opening
date.
2. Good Faith Effort and
received no later than 2:00 p.m., on the second City business
Subcontractor Utilization Form, if
day after the bid opening date, exclusive of the bid opening
participation is less than statedgoal:
date.
3. Good Faith Effort and
received no later than 2:00 p.m., on the second City business
Subcontractor Utilization Form, if no
day after the bid opening date, exclusive of the bid opening
MBE participation:
date.
4. Prime Contractor Waiver Form,
received no later than 2:00 p.m., on the second City business
if you will perform all
day after the bid opening date, exclusive of the bid opening
contracting/supplier work:
date.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised June 9, 2015
004540-2
Minority Business Enterprise Specifications
l�
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10
11
Page 2 of 2
5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business
or exceeded. day after the bid opening date, exclusive of the bid opening
date.
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE
WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID
BEING CONSIDERED NON -RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE
OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE
YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS.
Any Questions, Please Contact The M/WBE Office at (817) 212-2674.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised June 9, 2015
Candleridge Park Erosion Control Improvements
Project No. CO2717
4U_5?4i-1
Agreement
Page 1 Dr5
SECTION 00 52 43
AGREEMENT
THIS AGREEMENT, authorized on April 21 2020 {M&C 20-0262 is made by and between
the City of Forth Worth, a Texas home rule municipality, acting by and through its duly
authorized City Massager, ("City"), and C. Green Sea ping, LP, authorized to do business in
Texas, acting by and t hrough it s duly aut horized representative, ("Contractor").
City and Contractor in considerat ion of t lie mut uaI covenant s here inaft er set Fort h. agree as
follows:
Article 1. WORK
Contractorshall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
Article 2, PROJECT
The project for which the Work under [lie Contract Documents may be the whole or only a part
is generally described as follows:
Project Nance: Candle ridge Park Erosin n Control Inap rovesttents
Project No.: CO2717
Article 3. CONTRACT PRICE
City agrees to pay Contractor for performance of'the Work in accordance with the Contract
Documents an amount, in curl•ent funds. of Two Hundred Seventy Three Thousand, Eight
Hu►rdred Sign Six and 251100 Dollars $27.3866.25 .
Article 4. CONTRACT TIME
4.1 Final Acceptance.
The Work will he complete for Final Acceptance within 40 days after the date when the
Contract Time commences to rues. as provided in Paragraph 2.03 of -the General Conditions,
plus any extension thereof allowed in accordance with Article 12 of the General
Conditions.
4.2 Liquidated Damages
Contractor recognizes that Brae is ref the essence for completion ofMilestones. if any. and
to achieve Final Acceptance of the Work and City will stiffer financial loss if the Work is
not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also
r"ognizes the delays, expense and difficulties involved in provinb in a legal proceeding,
the actual iass SLIffered by the City if the Work is not completed on time. Accordingly.
instead ai' requiring any such proof, Contractor agrees that as liquidated damages for
delay (but not as a penalty). Contractor shall pay City Sir innilred fA.- and 00i100
Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1
for Final Acceptance until the City issues the Final fetter o1'Acceplance.
CITY s l I.ORT u ORTH Candlerid=e hark Ernsmn Ciinuill Improvemenls
S 1'ANnARD CONSTRITO 10N SPLC IFFIC.A 110N Dl)L' IMVN']-S Piolco No CO2717
Revised (19A)612011)
Article 5. CONTRACT DOCUMENTS
5.1 CONTENTS:
A, The Contract Documents which comprise the entire agreentenl
Contractor concerning the Work consist of the f'ullowing:
1. This Agreement.
?. Attachments to this Agreement:
a. Sits Form
I ) Proposal Form
2) Vendor Compliance to State Law Non -Resident Bidder
3) Prequali licatien Statement
4) State and Federal documents (project specific)
b. Current Prevailing Wage Rate Table
c. Insurance ACOR❑ Form(s)
d. Payment Bond
e. Performance Bond
f. Maintenance Bond
g. Power of AtIorney for [lie Bonds
h. Workers Compensation Affidavit
i. NTBE and/or S B E Utilization Form
3. General Conditions.
4. Supplementary Conditions..
W15?a;_,
Agreement
page 2 015
between City and
5. Specifications specifically made a part of the Contract Documents by attachment
or, if not attached, as incorporated by reference and described in the Table of
Contents ofthe Project's Contract Documents.
b. Drawings.
7. Addenda.
Documentation submitted by Contractor prior to Notice of Award.
The following which may be delivered or issued after the Effective Date of the
Agreement and, if issued. become an incorporated part of the Contract Documents:
a, Notice to Proceed.
b. Field Orders.
c. Change Orders.
d. Letter of Final Acceptance.
Article G. INDEMNIFICATION
1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the city, its officers, servants and employees, from and against any and all
claims arising out of, or alleged to arise out of, the work and services to be performed
by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
under this contract. This indemnification provision is snecifically intended to operase
and be effective even if it is alleged or proven that all or some of the damaees being
sought were caused, in whole or in part, by anv act, omission or neelieence of the cite.
This indemnity provision is intended to include, without limitation, indemnity for
costs, expenses and legal fees incurred by the city in defending against such claims and
causes of actions.
CITY Or FOR r WORTH C'and Irridgc Paik Erosion ContiuI lmpiovvmonts
STANDARt7 Cr3NyIRt,C I ION S;PL('11-K-'ATTUN DOC'UrVIENTS Piojeet Na CO2717
Revised OW0612019
00 52 43 - _
Agreement
Pa--c3of5
6.2 Contractor covenants and agrees to indemnify anti hold harmless, at its own expense,
the city, its officers, servants and employees, from and against an}, and all lass, damage
or destruction of property of the city, arising out of, or alleged to arise out of, the work
and services to he performed by the contractor, its officers, agents, employees,
subcontractors, licensees or invitees under this contract. This indemnification
provision is specifically intended to operate and be effective even if it is alleged or
proven that all or some of the damages being souaht were caused, in whole or in part,
b , any act ornission or ne li ence of the city.
Article 7. MISCELLANEOUS
7.1 Terms.
Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
7.2 Assignment of Contract.
This Agreement, including all of the Contract Documents may not be assigned by the
Contractor without the advanced express written consent of the City.
T3 Successors and Assigns.
City and Contractor each binds itself. its partners, successors, assigns and legal
representatives to the other party hereto. in respect to all covenants. agreements and
obligations contained in the Contract Documents.
7.4 Severability.
Any provision or part of the Contract Documents held to be unconstitutional, void or
unenforceable by a cou31 of competent jurisdiction shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding, upon CITY and
CONTRACTOR.
7.5 Governing Law and Venue.
This Agreement, including all of the Contract Documents is performable in the State of
Texas. Venue shall be Tarrant County. Texas, or the United States District Court for the
Northern District of Texas. Fort Wm-th Division.
7.6 Authority to Sign.
Contractor shall attach evidence of authority to sign Agreement if signed by someone other
than the duly authorized signatory of the Contractor.
7.7 Prohibition On Contracts With Companies Boycotting Israel.
Contractor acknowledges that in accordance with Chapter 22170 of the Texas Government
Code. the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a wrinen verification from the company that it: ( 1 )
does not boycott Israel, and (2) will not boycott Israel during the term ofthe contract,
ci-r%, 1)r rOR'r WOWT-11 Ctndleiidgn pack Frosonn Control tinpovrments
S i AN1)ARD CO 9PEe1FICA TIO4 IMXI;MENT4 Prolecr No CO2717
Rey [led 09/06OR11)
Agreement
PaLe -1 nl 5
The terms "boycott Israel" and -°company- shall have the meanings ascribed to those terms
in Section 808.001 of the Texas Governrnent Code. $rl signing this contract, Contractor
cerlyiies that Contractor's signature provitles written verification to the City that
Contractor. (l) ryes not bovvon fsruel; and f2j will not 6ittveutt Israel (hiring the ter►n oj'
the contract.
7.8 Immigration Nationality Act.
Contractor shall verity the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility
Verification Form. (1-9). [Jpon request by City, Contractor shall provide City with copies of
all 1-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Contractor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any
Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
Contractor. shall have the right to immediately terminate this Agreement for violations of
this provision by Contractor.
1,9 No Third -Parry Beneficiaries.
This Agreement gives no rights or benefits to anyone other than the City and the Contractor
and there are no third -party beneficiaries.
7.10 No Cause of Action Against Engineer.
Contractor_ its subcontractors, and equipment and materials suppliers on the PROJECT or their
sureties, shall maintain no direct action against the Engineer, its officers. employees, and
subcontractors, for any claim arising out cal, in connection with, or resulting from the
engineering services performed. Only the City will be the beneficiary of any undertaking by
the Engineer. The presence or duties of the Engineer's personnel at a construction site.
whether as on -site representatives or otherwise, do not matte the Engineer or its personnel
in any way responsible for those duties that belong to the City and/or the City's construction
contractors or rather entities. and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques. sequences, and procedures necessary f'or
coordinating and completing all portions of the construction work in accordance with the
Contract Documents and any health or safety precautions required by Such construction
work. The Engineer and its personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work or
anv health or safety precautions.
SIGNATURE PAGE TO FOLLOW
CiTY Or FORT WOME C4rAeridge Park t:rasion Control Improvements
STANDARD CONS 1RUCIION SPECIFICAHON DOCUMENTS f'rnjeet Na. CO2717
Rn,md 09104r.019
Agreement
P ue s d
IN WITNESS WHFRE"OF. City and Contractor have each executed this Agreement to be
effective as of the date subscribed by the City's designated Assistant City Manager ]"Effective
Date"').
Contractor: C. Green 5caping, LP
By:
Signature
Cathleen Ruiz
R Printed Name)
President
Title
2401 Handley Ederville Rd
Address
Ft, Worth, TX 76118
City, of Fart Worth
By:
*,V
Valerie Washington (Jun 18, 202014:13 CDT)
Valerie Washington
Assistant City Manager
Jun 17, 2020
Dale
oo4nap
poF foRr 4a
ATTEST:
Ay �°°. '° o� �o
C �o g�.1�d
Pia
Mary Kayser
at< nEXa?4p�
City Secretary
{Sea])
City/State/Zip
M&C: 10-0262
Date
- I G _ LQ Date: April 21 2020
Form 1295 No.: 2020-600619
APPROVED AS TO FORM AND LEGALITY
IL
DBlack (Jun 18, 202013:56 CDT)
Douglas W. Black
Assistant City Attorney
APPROVAL RECOMMENDED:
a7y/w Cheek
David Creek (Jun 18, 2020 11:54 CDT)
unpin t,reeK
Acting Director
Park & Recreation Depurtment
CONTRACT COMPLIANCE MANAGER:
By signing, i acknowledge that 1 am the person
responsible for the monitoring and administration of this
contract, islcluding ensuring all performance and
reportitf requirements.
I OFFICIAL RECORD
Brr&Rj1Y0ss, K LA CITY SECRETARY
Landscape Architect
Park & Recreation Department FT. WORTH, TX
0TY M FORT WORI'll Ca ndlerldge Park Ernslun CllntF01 JMPruVeme111s
STANDARD CONS FRUC [TON S PLC (FICA 110N DOC1-1MENTS Project No C 02717
Revised 04!06120l9
066113-1
PERFORMANCE SON
Page 1 or:
Bond Number: TZC613151
SECTION 00 61 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW A[ L BY 'THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, C GREEN SCAPING. LP, known as
8 "Principal" herein and N4erchants Banding Company (TvIutual) , a corporate
9 surety(sureties, if more than one) duly authorized to do business in the State of Texas. known as
10 "Surety'- herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
I 1 municipal couporation created pursuant to the laws ❑.f Texas, known as "City" herein, in the penal
12 Sum ofTwo Hundred Seventy Three Thonsxnsl, Eight Hundred Sixty Six and 251100 Dollars
13 lawful money of the United States, to be paid in Fort Worth,
I4 Tarrant County, 'Texas for the payment of which sum wetI and truly to be -made, we bind
15 ourselves. our heirs. executors, administrators, successors and assigns, jointly and severally,
1.6 firmly by these: presents.
17 NNHEREAS- the Principal has entered into a certain writtx-n contract with the City
18 awarded the 21 day of April , 20 20, which Contract is hercby referred to and
19 --lade a part hereof for all putposm as if fully set forth herein, to furnish all materials, equipment
20 labor and other accessories defined by law, in the prosecution of the Wort;.. including any Change
21 Order%, wi provided for in said Contract designated as C'andleridge Park Erosion Control
22 Improvements, City Project No. CO2717.
23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
24 shalI faithfully perl"orm it obligations under the Contract and shall in al] respects duly and
25 faithfully perform the Work, including Change Orders, under die Contract, according to the plans,
26 specifications. and contract documents therein referred to, and as well during any period of
27 extension of the Contract that may be granted on the part of the City, then this obligation shall be
28 and became null and void, otherwise to remain in lull tbrce and effect.
29 PROVIDED F[_RTHETR, that if any legal action he filed rm this Bond, venue shall lie in
3d Tarrant County; 'Texas or the t ltizted St. District {'Dort far the Northern District of T as, Fort
31 Worth Division.
CITY Cr rORT WORTH Candlendee Erosion Contn+l tmpmvcmcnts
STANDARD CONSTRUCTION SPECFIC:00N DOCUMENTS Project No. CO271 T
Revised July t, 2011
2
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1Q
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0061 13 - 2
PERFORMANCE BOND
Page 2of2
This bond is made and executed in colrtptiance with the provisions of Chapter 2253 of the
Texas Government Code, as amended. and all liabilities on this bond shall be determined in
accordance with the provisions of said statue.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNET] and SEALED
this instrument by duly authorized agents and officers on this the Ist day of
June , 2020 .
ATTEST: I '
(Principal) IV-
•retary
Witness as to Principal
& -' W &6Ln
W itness as to Surety
PRINCIPAL:
Cathleen Ruiz - Presil3
Name and Title
Address:
2401 Handley Ederville Rd._
Ft. Worth, TX 76118
•m �Rro;�9�p;
SURETY:
Merchants Bonding Company tMij1 .4. 19�
BY: fG' I rGn • ...
Sigr1re
Cyndy Cates, Attorney in Fact
Name and Title
Address: Rainey King Insurance
320 Eagle Drive Ste 210
Denton, TX 76201
Telephone Number: 972-666-4835 x110
*Note: If signed by an officer of die Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is diMTunt from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contrast is awarded.
CIT"V OF FORT W ORTII
STANDARD CONSTRUCTION SPECIFICATION DOrUMFNTS
Revised July 1.2011
[; andleridee Erosion Control Improvements
Project No C12717
M ERCHANi7s7k
BON DING COMPANY —
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC,
both being corporations of the State of Iowa (herein coltecttvefy called the' Companles') do hereby make, constitute and appoint. Individually.
Cyndy Cates: Erin Neill' James E King: Jeffery 13UckIey: Kylie Kefsoe
their tray And lawf(Il Aitt"ey(s)-in-Fart, to Cmgn Its name As surety(ies) And to axwnibP real And'mei0nnilerttj? any onri all hands, tinderrakinpc.
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 ufreed skin gs required or permitted in afly
actions or proceedings allowed by low.
Thio Powor of Attorney It; granted rand is signod and sealed by foosimilo under and by authority of the fallowing 8y Laws Adopted by the Board
of Directors of Merchants Bonding Company (Mutua1) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
lu appuillt AStcii rieyrio-I'duL, and to autllvri4t Lhelrt to exe+:ute LMI liviibll of (lit: Ccnrrpafty, 8110 attai:ll trio aed! of file Cullip�my tdrei etu hcnlds u;IQ
undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof.'
'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Alt omey
or Certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligahons of the
Company and such signature and seal when so used shall have the same force and effect as though manually fixed,'•
In connection with obligations in favor of the. Florida Department of Transportation only. it is agreed that the power and out hority hereby given to the
Attorney-fn-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida pevartment of Transportation. IS is fully understood that consenting to the State of Florida Department
of Transportation mailing payment of the Final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attnrney-in-Fact cannd be modrfied or re,roked unless prior written personal notice of such intent has dean given to the Commissioner.
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this
�...........
•� PttQ.....
1 tit day of June . 2020
MERCHANTS BONDING COMPANY tTIJRLf
MERCHANTS NATIONAL BONDING,INC
v 2843 Q; X'- fey
'd3.........►�: r vt+in
�7 �: • + 7
Pfeside+ir
STATE OF IOWA •�•'''•"'•`'•'
COUNTY OF DALLAS ss
On this 23rd day of March 2020 before me appeared Larry Taylor, to me personally known. who being by me duly swam
did say that he. is President of MERCHANTS BONDING COMPANY (MUTUALy and MERCHANTS NATIONAL BONDING. INC., and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and thal the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors
�PRtAL POLLY MASON
a y riU{Tlffll5`uiUflfumkxar 750576
z 6My Commission Expires
1001A January 07, 2023
Notary Pubt[s
(Expiration oT notary's commission
does not invalidate this instrument)
1. William Warner• Jr., Secretary of MERCHANTS 87NOTNG COMPANY (MUTUAL) and MERCHANTS NATIONAL BON01NG. INC. do hereby
cerl'rfy that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still In full
torte and effect and has not beefs am end ad at revoxed
In Witness Whereof, I have hereunto set my hand and affgted the seal of the Companies on this I st day of June 2020
.••��1t71Yq�''•
..�yx ��•
_�
2003A:
; r:0 rt; �� Secrerary
Ni
'
fir
0061 14- 1
PAYMENT BONE)
Fuge I of 2
Bond Number: TXC61315I
I SECTION 00 61 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COI .�'TS' OF TARR ekN1' §
7 That we, C Green Scaping, LP known as
8 "Principal" herein. and Merchants Bonding Company (Nlutual) . a
9 corporate surety ('sureties), duly authorized to do business in the State of Texas, known as
10 "Surety" herein ( licthcr one or more), are held and firmly hound unto the City of Fart Mrordi, a
11 municipal corporation LTeatcd pursuant to the laws of the State: of Texas, known as "City" herein.
12 in the penal sum of T-vo Huridred Seventy Tlvee Thousand, Eight 1-tundred Sixty Six and 251100 Dollars
13 [S 273,866.25------- ------------- 3, lawful money of the United States, to be paid in Fort Worth,
14 Tarrant County, Texas, for the payment of which sum welf and truly be made, we bind ourselves,
15 our heists, executors, administrators. successors :md assigns, jointly and severally. firmly by these
16 presents:
17 WIiEREAS, Principal has entered into a certain written Contract with City, awarded the
18 _ -day of April , 2q 2Q , which Contract is hereby refelTed to and
19 made a part hereof for all purposes as if fully set forth herein, to furnish al f materials, equipment,
20 labor and other accessories as defined by law, as the prosecution of the Work as provided for in
21 said Contract and designated as Candieridi ec Park Erosion Control Improvements. City Project
22 No. CO271.7
23 NOW, THEREFORE, THE CON-DIT10N OF THIS OBLIGAT10NI is such that if
24 Principal sliall pay all monies cawing to any (anti all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract_ these this obligation shall be and become null and void; otherwise to remain in frill
27 force and effect.
28 This bond is made and "-ecutcd in compliance with the provisions of Chapter 2253 of the:
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of -said statute.
31
CITY,7r FOP-T WORT11 Can dIcridpc park: Erosion CnrTtroI 11Tipr0veme¢1ts
STr1i+1i]ARD CONSTRUCTION SPECIFIC'KFION DOCUMENn Prnjeec No. CO2117
Revised Jul t, 2011
1
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to
12
0061 Id-2
PAYMENT BOND
Page 2 of 2
IN WITNESS WIII REOT, the IlYincipal and Surety have each SIGNTD and SEALED
this instrument by duly authorized agents and officers on this the, 1st day of
June .20 20 .
ATTEST:
(Principal) retary
Witness as to Principal
ATTEST:
(Surety) Secretary
�" VV j &,Ln
Witness as to Surety
PR[NC IPAL:
Signature
Cathleen Ruiz - Presi nt
Name and Title
Address:
2401 Handley_ Ederville Rd.
Ft. WorthjX 76118
SURETY:
Merchants Bonding Cam�n� {I4lutuall
3
Sign tore 41
rlvnk�~
Cyndy Cates. Attorney in Fact
Name and Title
Address: Ramey King Insurance
�20 Eagle ]]rive Ste 21D _
Denton. TX 76201
Telephone Number: 972-666-4835 x110
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person leas authority to sign such obligation. ff Surety's physical
address is different from its mailing address, boils must he provided.
The date of the bond shall not be prior to the elate the Contract is awarded.
END OF SECTION
CITY" OF FORT WORTH
STAND. RD CONSTRUCTION SPECIFICA11ON DOCUMENTS
Revised July 1. 2011
['andleri0c Pad, Erasion Control lmprovemerits
Project No. CO2717
MERCHANTS
BONDING COMPANY -
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC-,
both being corporations of the State of Iowa (herein collectively called the 'Companies.( do hereby make, constitute and appoint, individually,
Cyndy Cates. Erin Neill; James E King, Jeffery Buckley; Kylie Kelsoe
choir frILP end lawf[Il Alt omi y(s)-in-FAr`t to sign Its nRfnP- n4 qui-pty(iPS) and In pYprii4n tpni Arid ikrknnwvlvrtgp Bny Ein.i MI hnxta, Irnriprtakincos
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,
This Powor of /'dtornoy is granted and is eignod and sealed by facsimile under and by authority of the following By Laws adapted by the Heard
of Directors of Merchants Bonding Company 1 Mutual} on April 23, 2011 and amended August 14. 2015 and adopted by the Board of Directors
of Merchantsflationat Bonding. Inc-, on October 16. 2015-
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant 8acre[ ary or any Vice President shall have power andauthorgy
tV uplikPfil /att{4ncyYR!-Facl.. kllid Iu uuLhWr[e lhmrti tv exeuute Loll brirair yr llie CuarrNairy. Bold nttach lire Stoll ur lire Cunrparry tircletu Ljut&r Bird
undertakings, recognizances, contracts of indemnity and ather writings obligatory in the nature thereof.`
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transM ks4spon to any Power of Alt amey
or Certification thereof authortzing the execution and delivery of any hand, undertaking, recognizance, or other suretyship obllgabons or the
Company, and such signature and seal when soused shall have the same force and effect as though manually fixed."
In connection we obligations to tavor of the FIonda Department of Transportation only, it is agreed that the power and atilt hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the Final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of
its obligations under its bond -
In con Pachon with obligation9 in favor of the Kentucky Department of Highways only It is agreed that the power and authority hereby jven
to the Attorney -in -Fact cannot be modified or revoked unless prior written persanal notice of such intent has been given to the Cammissicner-
Departmetit of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this
,..........
• p.�1aMq
1 St day of June . 2020
aRP0/? e=: �p��1 �a p-.- . .. MERCHANTS BONDING COMPANY (MUTUAL)
+ ' MERCHANTS NATIONAL. BONDING, INC.
2003
�-tit
, ''
...........
STATE OF IOWA '•,•u���•••••
COUNTY OF DALLAS ss
On this 23rd day of March 2020 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL; and MERCHANTS NATIONAL BONDING. INC., and that the
seals affixed to the toregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
��Rtgt s POLLY MASON
o UfTIffIES6iUft Nu;;ibui 750576
e a o e My Commission Expires
+ fDyy. January 07, 20123 Notary Public
(Expiration oT notary's commission
does not invalidate this instrument)
I, Wilkam Warner, Jr-. Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL 80NDING, 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 slit; in full
force and ettert and has not been amended or revoked.
In Witness Whereot, I have hereunto set my hand anti affixed the
Co
;2r= -a-t
t7 ; 2003lint
f OA 001E (1120)
of tie Companies on this 1 St day of .tune 2020
Sscre l � r
l
2
3
4
5
6
7
SECTION 00 61 19
MAINTENANCE BOND
006119-1
MAINTENANCE BOND
Page 1 ❑r3
Bond Number: TX.C613151
THE STATE OF TEXAS j
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
8 That we C Green Scaping, LP , known as
9 '`Principal' herein and Merchants Bonding Company {Mutual} a corporate surety
10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" Herein [whether one or more], are held and firmly hound unto the City of Fort Worth- a
12 municipal corporation cleated pursuant to the laws of the State ofTexas, known as "City" herein,
13
in the sum ❑fin Rundm1 Seventy T} ree Tliausand Eighl iituxlred Sixly Su and 2 y/ D11ar5
14 (S 273,866.25----___laRTul money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas, for payment of which sum well and truly he made unto the City and its
16 successors, we hind ourselves, our heirs, executors, administrators. successors and assigns, joinil_y
17 and severally. firmly by these presents.
18
19 WHEREAS, the Principal has cntercd into a certain written contract with the City awarded
20 the 21 day of Aril 2020 . which Contract is hereby
21 referred to and a made pail hereof• for all purposes as if fully set Forth herein, to turn ish all
22 materials, equipment labor and other accessories as defmcd by law, in the prosecution of the
23 Wort;., including any Wort: resulting from a duly authorized Change Order (collectively herein_
24 the "Work") as provided for in said contract and designated as Candleridgc Park Exosiun Control
25 Improvements, City Project No. CO2717: and
26
27 WT EAEAS, Principal hinds itself to use such materials and to so construct the Work in
28 accordance with the plans, specifications and Contract Documunts that the: Work is and will
29 remain free from defects in materials or workmanship for and during the period of two (2) years
30 after the date of Final Acceptance of the NVork by the City ("Maintenance Period'): and
31
32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
43 upon receiving notice from die City of the need therefor at any time %%id3in the itlaintenance
34 Period.
CITY OF FORT WURTiI Caadlcridgc Paris Ernsi❑n Convol tmpr❑vemcnls
STANDARD CONSTRUCTION SFT.M- 1CAT ION DOCUMENTS Pmieel Ncn. CU2717
Revised Jul} 1, 2011
fig 61 l9
MAINTENANCE BOND
Page: 2 Qf 3
1
2 NOW THE RE,FORE. the condition of this obligation is such that if Principal shall
3 remedy any defective Work, for which timely notice was provided by City, to a completion
4 satisfactoi-y to the City, then this obligation shall become null and void: otherw Use to remain in
5 Full Forcc and effect.
6
7 PROVIDED, HOWEVER, if Principal shall tail so to repair or reconstruct any t1inely
S noticed defective Wort.-, it is agreed that the City may cause any and all such defective Work to
9 be ve-paired and or reconstructed with all associated costs thereol'being borne by the Principal and
10 the Surety under this Mavttenance bond; and
1l
12 PROVIDED ItL1RMER. that if any legal action be filed on this Pond, venue shall lie in
13 'rarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
14 Worth Division.; and
15
16 PROVIDED FURTHER, that this obligation shall be continuous in nature and
1.7 successive recoveries may be had hereon fur succe.5sive breaches.
18
19
20
CITY OF PORT WWII Candleridoge Park Erosion Conlrol hprovomtnt5i
STAiNDARD CONSTRi]C'TIO'N SPF-Cl I('A'lli')N I] ruktmrrs Project No. CO2717
Reviseellvly 1,�011
aosl 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WH , +.OP', the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duty authorized agents and officers on this die 1st day of
3 June , 20 20 .
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1s
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Alt]
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ATTEST:
(Principal) cretary jY
Witness as to Principal
111411I 619.
(Surety) Secretary
Witness as to Surety
PRINCIPAL:
HY:
SiRilat11
Cathleen Ruiz-P4esident
Name and Title
Address: 2401 Handley Ederville Rd.
FUWorth TX- 76Tf8___
SURETY:
Merchants Bonding Company Nut ���c��� ,
Sign re ••'
Cyndy Cates, Attorney in Fact
Name and Title
Address: Ramey icing Insurance
320 Eagle Drive Ste 210
Denton, TX 76201
Telepllone Number: 972-666-4835 x110
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws shoring that this person has authority to sign such obligation. If
Surety's physical address is different fi-om its mailing address. both must be provided.
The date of the bond sliall not be prior to the date the Contract is awarded.
CITY OF FORT WORM C.andleridee Park Erasion Coniml Improvements
STATv9DARD CONSTPUCTION SPHCIF ICATIO'-ti1IDOCUMENTS PrajW No. C-02Ti 7
Revised July i, 20i 1
MERCHANTS
BONDING COMPANY, -
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONOiNG COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC..
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Cyndy Cates Erin Neill -..lames E King, Jeffery Buckley, Kyle Kelsoe
their true and lawful Attnmry(s)-in-Fart. to ;[on its name as srirpty(ies) and !n PYPrutP cral and gnknr%WlrrCe any and ail hmmdri , rrndertakinC15
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 of permitted in any
-actions or proceedings allowed by law.
This Power of Ntornoy is granted and is signed and sealed by foo6mile under and by authority of the fdlovring By Lows adopted by the Board
of Directors of Merchants Bonding Company (Mutoat) on April 23. 2011 and amended August 14. 2015 and adopted by the Board of Directors
od March anIsNationaI Bonding. lnc_ on October 16. 2015-
"The President, Secretary. Treasurer. or any Assistant Treasurer or any Assistant Secretary or any Vlce President shah have power and authority
iu npvoirt Alturrieya-Ili-Fail, slid to aul1r[A14e tlicrrr lu eWL:ute Lni bellaif Ur tilt C[rlrWatry, tdild;Oild ll tilt Seal ur nit rCUiliPtilly tireretu. IJEXW,7 arnJ
undertakings. recogn¢ances. contracts of indemnity and other writings obligatory in the nature thereof."
The signature of any authonzed officer and the seal of the Company may be aMix ed by facsimile or elact romC transmission to Any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond. Undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall Have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and au hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that coin sentinv to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact certnot be modified or revoked unless prior written personal notice of sacti Intent has been given to the r_c+mmissioner-
Department of Highways of the Commonwealth of Kentucky at least Thirty (30) days prior to the modification or revocation
in Wilhess Whereof, the Companies have caused this instrument to be signed and reeled this l 5t day of Jude 2020
1.... ( .
,• A
PO $ •• •• •, MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
41
By
•;a• - � r' ,� ;rya. °axe- ��
........... ■l . •• i �tyldE►d Presiderli
STATE OF IOWA ••^"'•� ••��•','
COUNTY OF DALLAS ss
On this 23rd day of March 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC.. and that the
seals affixed to the foregoing mstrumen t are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalt
of the Companies by authority of their respective Boards of Directors.
fQRIAt FOLLY MASON
o Curiiniissiun Nuiiibv€ 750576 A r�
My Commission Expires
January 07, 2023 Notary public
(Expiretlon or notary's commission
does not Invalidate this instrument)
1, WlIliam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, 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 still in full
force and affect and has not peen amended or revoked
In Witness Whereof, I have hereunto set my hand and affixed
,���RPOjp' Q•'
T'OA 0018 (1120) •'r..,...•'
ompanie5 on this 151 day of
June 2020
COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage
Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form.
The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows:
SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows:
1. Extended "Property Damage"
Exclusion 2.a., Expected or Intended Injury, is replaced with the following:
a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable
force to protect persons or property.
2. Non -owned Watercraft
Exclusion 2.g. (2) (a) is replaced with the following:
(a) Less than 51 feet long; and
3. Property Damage Liability — Borrowed Equipment
The following is added to Exclusion 2.j. (4):
Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a
jobsite and not being used to perform operations. The most we will pay for "property damage" to any one
borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under
this provision is excess over any other valid and collectible property insurance (including deductible)
available to the insured, whether primary, excess, contingent or on any other basis.
4. Limited Electronic Data Liability
Exclusion 2.p. is replaced with the following:
p. Electronic Data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or
inability to manipulate "electronic data" that does not result from physical injury to tangible property.
The most we will pay under Coverage A for "property damage" because of all loss of "electronic data"
arising out of anyone "occurrence" is $10,000.
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability
coverage.
The following definition is added to SECTION V — DEFINITIONS of the Coverage Form:
"Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted
to or from computer software (including systems and applications software), hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically
controlled equipment.
For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in
SECTION V — DEFINITIONS of the Coverage Form is replaced by the following:
17. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss
of use shall be deemed to occur at the time of the physical injury that caused it;
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed
to occur at the time of the `occurrence" that caused it;
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly
manipulate "electronic data", resulting from physical injury to tangible property. All such loss of
"electronic data" shall be deemed to occur at the time of the `occurrence" that caused it.
For purposes of this insurance, "electronic data" is not tangible property.
SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended
as follows:
Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted.
SECTION I — COVERAGES, the following coverages are added:
COVERAGE D. VOLUNTARY PROPERTY DAMAGE
1. Insuring Agreement
We will pay, at your request, for "property damage" caused by an `occurrence", to property of others
caused by you, or while in your possession, arising out of your business operations. The amount we will
pay for damages is described in SECTION III LIMITS OF INSURANCE.
2. Exclusions
This insurance does not apply to:
"Property Damage" to:
a. Property at premises owned, rented, leased or occupied by you;
b. Property while in transit;
c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you;
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those
premises;
e. Property caused by or arising out of the "products -completed operations hazard";
f. Motor vehicles;
g. "Your product" arising out of it or any part of it; or
h. "Your work" arising out of it or any part of it.
3. Deductible
We will not pay for loss in any one `occurrence" until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limit of insurance.
4. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland
marine insurance (including the deductible applicable to the property or inland marine coverage) available to
you whether primary, excess, contingent or any other basis.
Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of
use.
The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E.
COVERAGE E. CARE, CUSTODY OR CONTROL
1. Insuring Agreement
We will pay those sums that the insured becomes legally obligated to pay as damages because of
"property damage" caused by an `occurrence", to property of others while in your care, custody, or control
or property of others as to which you are exercising physical control if the "property damage" arises out of
your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF
INSURANCE.
2. Exclusions
This insurance does not apply to:
"Property Damage" to:
a. Property at premises owned, rented, leased or occupied by you;
b. Property while in transit;
c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those
premises;
d. Property caused by or arising out of the "products -completed operations hazard";
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
e. Motor vehicles;
f. "Your product" arising out of it or any part of it; or
g. "Your work" arising out of it or any part of it.
3. Deductible
We will not pay for loss in any one `occurrence" until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limit of insurance.
4. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland
marine insurance (including the deductible applicable to the property or inland marine coverage) available to
you whether primary, excess, contingent or any other basis.
The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D.
COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE
1. Insuring Agreement
a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your
product" incurred because of a "product withdrawal" to which this insurance applies.
The amount of such reimbursement is limited as described in SECTION III - LIMITS OF
INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered.
a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the
"coverage territory" during the policy period because:
(1) You determine that the "product withdrawal" is necessary; or
(2) An authorized government entity has ordered you to conduct a "product withdrawal".
c. We will reimburse onlythose "product withdrawal expenses" which are incurred and reported to us
within one year of the date the "product withdrawal" was initiated.
d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the
following times:
(1) When you have announced, in any manner, to the general public, your vendors or to your
employees (other than those employees directly involved in making the determination) your
decision to conduct a "product withdrawal" This applies regardless of whether the determination
to conduct a "product withdrawal" is made by you or is requested by a third party;
(2) When you received, either orally or in writing, notification of an order from an authorized
government entity to conduct a "product withdrawal; or
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
(3) When a third party has initiated a "product withdrawal" and you communicate agreement with the
"product withdrawal", or you announce to the general public, your vendors or to your employees
(other than those employees directly involved in making the determination) your decision to
participate in the "product withdrawal", whichever comes first.
e. "Product withdrawal expenses" incurred to withdraw "your products" which contain:
(1) The same "defect" will be deemed to have arisen out of the same "product withdrawal'; or
(2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly
determined or ordered in accordance with paragraph 1.b of this coverage.
2. Exclusions
This insurance does not apply to "product withdrawal" expenses" arising out of:
a. Any "product withdrawal" initiated due to:
(1) The failure of "your products" to accomplish their intended purpose, including any breach of
warranty of fitness, whether written or implied. This exclusion does not apply if such failure has
caused or is reasonably expected to cause "bodily injury" or physical damage to tangible
property.
(2) Copyright, patent, trade secret or trademark infringements;
(3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it
is caused by:
(a) An error in manufacturing, design, processing or transportation of "your product'; or
(b) "Product tampering".
(4) Expiration of the designated shelf life of "your product".
b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named
Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part
or prior to the time "your product" leaves your control or possession.
c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under
Coverage A - Bodily Injury And Property Damage Liability by endorsement.
d. Recall of "your products" which have been banned from the market by an authorized government
entity prior to the policy period.
e. The defense of a claim or "suit" against you for "product withdrawal expenses".
3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In
The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS:
e. Duties In The Event Of A "Defect" Or A "Product Withdrawal"
(1) You must see to it that we are notified as soon as practicable of any actual, suspected or
threatened "defect" in "your products", or any governmental investigation, that may result in a
"product withdrawal". To the extent possible, notice should include:
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
(a) How, when and where the "defect" was discovered;
(b) The names and addresses of any injured persons and witnesses; and
(c) The nature, location and circumstances of any injury or damage arising out of use or
consumption of "your product".
(2) If a "product withdrawal" is initiated, you must:
(a) Immediately record the specifics of the "product withdrawal" and the date it was initiated;
(b) Send us written notice of the "product withdrawal" as soon as practicable; and
(c) Not release, consign, ship or distribute by any other method, any product, or like or similar
products, with an actual, suspected or threatened defect.
(3) You and any other involved insured must:
(a) Immediately send us copies of pertinent correspondence received in connection with the
"product withdrawal";
(b) Authorize us to obtain records and other information; and
(c) Cooperate with us in our investigation of the "product withdrawal".
4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section:
a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition.
b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has
caused "bodily injury" or physical injury to tangible property.
When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be
limited to those batches of "your product" which are known or suspected to have been tampered with.
c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain
"your products", from the market or from use, by any other person or organization, because of a
known or suspected "defect" in "your product", or known or suspected "product tampering", which
has caused or is reasonably expected to cause "bodily injury' or physical injury to tangible property.
d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below
paid and directly related to a "product withdrawal":
(1) Costs of notification;
(2) Costs of stationery, envelopes, production of announcements and postage or facsimiles;
(3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your
employees, including costs of transportation and accommodations;
(4) Costs of computer time;
(5) Costs of hiring independent contractors and other temporary employees;
(6) Costs of transportation, shipping or packaging;
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COMMERCIAL GENERAL LIABILITY
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(7) Costs of warehouse or storage space; or
(8) Costs of proper disposal of "your products", or products that contain "your products", that cannot
be reused, not exceeding your purchase price or your cost to produce the products; but "product
withdrawal expenses" does not include costs of the replacement, repair or redesign of "your
product", or the costs of regaining your market share, goodwill, revenue or profit.
e. "Seller' means a person or organization that manufactures, sells or distributes goods or products.
"Seller" does not include a "contractor" as defined elsewhere in this endorsement.
The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G.
COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS
1. Insuring Agreement
If you are a "contractor', we will pay those sums that you become legally obligated to pay as damages
because of "property damage" to "your product", "your work" or "impaired property", due to faulty
workmanship, material or design, or products including consequential loss, to which this insurance
applies. The damages must have resulted from your negligent act, error or omission while acting in your
business capacity as a contractor or subcontractor or from a defect in material or a product sold or
installed by you while acting in this capacity. The amount we will pay for damages is described in
SECTION III LIMITS OF INSURANCE.
We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or
Omissions coverage.
This coverage applies only if the "property damage" occurs in the "coverage territory' during the policy
period.
This coverage does not apply to additional insureds, if any.
Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and
Omissions.
2. Exclusions
This insurance does not apply to:
a. "Bodily injury" or "personal and advertising injury'.
b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a
contract or project on time.
c. Liability because of an error or omission:
(1) In the preparation of estimates or job costs;
(2) Where cost estimates are exceeded;
(3) In the preparation of estimates of profit or return on capital;
(4) In advising or failure to advise on financing of the work or project; or
(5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship.
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress
or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property.
e. Any liability for damages:
(1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by
any partner, member of a limited liability company, or executive officer, or at the direction of any
of them; or
(2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different
degree or type than actually expected or intended.
f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied.
g. Any liability arising from "property damage" to property owned by, rented or leased to the insured.
h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have
completed "your work." "Your work" will be deemed completed at the earliest of the following times:
(1) When all of the work called for in your contract or work order has been completed;
(2) When all the work to be done at the job site has been completed if your contract calls for work at
more than one job site; or
(3) When that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service or maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as complete.
i. Any liability arising from "property damage" to products that are still in your physical possession.
j. Any liability arising out of the rendering of or failure to render any professional services by you or on
your behalf, but only with respect to either or both of the following operations:
(1) Providing engineering, architectural or surveying services to others; and
(2) Providing or hiring independent professionals to provide engineering, architectural or surveying
services in connection with construction work you perform.
Professional services include the preparing, approving or failing to prepare or approve, maps, shop
drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications.
Professional services also include supervisory or inspection activities performed as part of any related
architectural or engineering activities.
But, professional services do not include services within construction means, methods, techniques,
sequences and procedures employed by you in connection with construction work you perform.
k. Your loss of profit or expected profit and any liability arising therefrom.
I. "Property damage" to property other than "your product," "your work" or "impaired property."
m. Any liability arising from claims or "suits" where the right of action against the insured has been
relinquished or waived.
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COMMERCIAL GENERAL LIABILITY
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n. Any liability for "property damage" to "your work" if the damaged work or the workout of which the
damage arises was performed on your behalf by a subcontractor.
o. Any liability arising from the substitution of a material or product for one specified on blueprints, work
orders, contracts ore rigineering specifications unless there has been written authorization, or unless
the blueprints, work orders, contracts or engineering specifications were written by you, and you have
authorized the changes.
p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing.
This exclusion does not apply to liability for damages that the insured would have in the absence of
the contract or agreement.
3. For the purposes of Coverage G, the following definition is added to the Definitions section:
a. "Contractor" means a person or organization engaged in activities of building, clearing, filing,
excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does
not include a "seller' as defined elsewhere in this endorsement.
4. Deductible
We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of
insurance will not be reduced by the application of the deductible amount.
We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as
has been paid by us.
5. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F.
EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU
The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire)
to premises, including the contents of such premises, rented to you. A separate limit of insurance applies
to Damage To Premises Rented To You as described in Section III — Limits Of Insurance.
SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows:
All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY
PAYMENTS — COVERAGES A, B, D, E, and G.
1. Cost of Bail Bonds
Paragraph 1.b. is replaced with the following:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use
of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
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COMMERCIAL GENERAL LIABILITY
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2. Loss of Earnings
Paragraph 1.d. is replaced with the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.
SECTION II — WHO IS AN INSURED is amended as follows:
1. Incidental Malpractice
Paragraph 2.a.(1)(d) is replaced with the following:
(d) Arising out of his or her providing or failing to provide professional health care services. However, this
exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to
provide medical services, unless:
(i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray
or nursing services, treatment, advice or instruction; or
(ii) The "employee" has another insurance that would also cover claims arising under this provision,
whether the other insurance is primary, excess, contingent or on any other basis.
2. Broadened Who Is An Insured
The following are added to Paragraph 2.:
Subsidiaries
e. Your subsidiaries if:
(1) They are legally incorporated entities; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original policy.
Additional Insureds
f. Any person or organization described in paragraphs g. through k. below whom you are required to add as
an additional insured on this policy under a written contract or agreement in effect during the term of this
policy, provided the written contract or agreement was executed prior to the "bodily injury', "property
damage" or "personal and advertising injury' for which the additional insured seeks coverage.
However, the insurance afforded to such additional insured(s):
(1) Only applies to the extent permitted by law;
(2) Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured;
(3) Will not be broader than that which is afforded to you under this policy;
(4) Is subject to the conditions described in paragraphs g. through k. below; and
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
(5) Nothing herein shall extend the term of this policy.
g. Owner, Lessor or Manager of Premises
If the additional insured is an owner, lessor or manager of premises, such person or organization shall be
covered only with respect to liability arising out of the ownership, maintenance or use of that part of any
premises leased to you and subject to the following additional exclusions:
(1) Any "occurrence" that takes place after you cease to occupy those premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of such
person or organization.
h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations
If the additional insured is the state or any political subdivision, the state or political subdivision shall be
covered only with respect to operations performed by you or on your behalf for which the state or political
subdivision has issued a permit or authorization. This insurance does not apply to:
(1) "Bodily injury', "property damage", or "personal and advertising injury' arising out of operations
performed for the federal government, state or municipality; or
(2) "Bodily injury' or"property damage" included within the "products -completed operations hazard".
i. Lessor of Leased Equipment
If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to
liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in
part, by your maintenance, operation or use of equipment leased to you by such person(s) or
organization(s). With respect to the insurance afforded to these additional insureds, this insurance does
not apply to any "occurrence" which takes place afterthe equipment lease expires.
j. Mortgagee, Assignee, or Receiver
If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or
receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or
receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance
does not apply to structural alterations, new construction and demolition operations performed by or for
that person or organization.
k. Vendor
If the additional insured is a vendor, such vendor is an additional insured only with respect to "bodily
injury' or "property damage" caused by "your products" which are distributed or sold in the regular course
of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded to the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason
of the assumption of liability in a contract or agreement. This exclusion does not apply to liability
for damages that the vendor would have in absence of the contract or agreement.
(b) Any express warranty unauthorized by you;
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
(c) Any physical or chemical change in "your product" made intentionally by the vendor;
(d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed
to make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at
the vendor's premises in connection with the sale of the product;
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own
acts or omissions or those of its own acts or omissions or those of its employees or anyone else
acting on its behalf. However, this exclusion does not apply to:
i. The exceptions contained in Subparagraphs d. or f.; or
ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or
normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
3. Newly Formed or Acquired Organizations
Paragraph 3. is amended as follows:
a. Coverage under this provision is afforded until the end of the policy period.
d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred
before you acquired or formed the organization.
SECTION III — LIMITS OF INSURANCE is amended as follows:
1. Paragraph 2. is replaced with the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury' or "property damage"
included in the "products -completed operations hazard";
c. Damages under Coverage B;
d. Voluntary "property damage" payments under Coverage D; and
e. Care, Custody or Control damages under Coverage E.
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
2. Paragraph 5. is replaced with the following:
5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will
pay for the sum of:
a. Damages under Coverage A;
b. Medical expenses under Coverage Q
c. Voluntary "property damage" payments under Coverage D;
d. Care, Custody or Control damages under Coverage E;
e. Limited Product Withdrawal Expense under Coverage F; and
f. Contractors Errors and Omissions under Coverage G.
because of all "bodily injury" and "property damage" arising out of any one "occurrence".
3. Paragraph 6. is replaced with the following:
6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay
under Coverage A for damages because of "property damage" to any one premises, while rented to you,
or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with
permission of the owner.
The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the
Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit.
4. Paragraph 7. is replaced with the following:
7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the
Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury'
sustained by anyone person.
5. Paragraph 8. is added as follows:
8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for
loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period,
regardless of the number of claims made or suits brought, is $3,000.
6. Paragraph 9. is added as follows:
9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for
"property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy
period, regardless of the number of claims made or suits brought, is $5,000.
7. Paragraph 10. is added as follows:
10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal
Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of
insureds, "product withdrawals" initiated or number of `your products" withdrawn is $10,000.
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
8. Paragraph 11. is added as follows:
11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and
Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits"
brought, or persons or organizations making claim or bringing "suits" is $10,000.
For errors in contract or job specifications or in recommendations of products or materials to be used, this
policy will not pay for additional costs of products and materials to be used that would not have been
incurred had the correct recommendations or specifications been made.
9. Paragraph 12. is added as follows:
12. The General Aggregate Limit applies separately to:
a. Each of your projects away from premises owned by or rented to you; or
b. Each "location" owned by or rented to you.
"Location" as used in this paragraph means premises involving the same or connecting lots, or premises
whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
10. Paragraph 13. is added as follows:
13. With respect to the insurance afforded to any additional insured provided coverage under this
endorsement:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay
on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the
following:
a. You must see to it that we are notified as soon as practicable of an `occurrence" or an offense which may
result in a claim. This requirement applies only when the `occurrence" or offense is known to the
following:
(1) An individual who is the sole owner;
(2) A partner, if you are a partnership or joint venture;
(3) An "executive officer" or insurance manager, if you are a corporation;
(4) A manager, if you are a limited liability company;
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COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
(5) A person or organization having proper temporary custody of your property if you die;
(6) The legal representative of you if you die; or
(7) A person (other than an "employee") or an organization while acting as your real estate manager.
To the extent possible, notice should include:
(1) How, when and where the `occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or offense.
2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or
Suit:
The requirement in 2.b.applies only when the "occurrence" or offense is known to the following:
(1) An individual who is the sole owner;
(2) A partner or insurance manager, if you are a partnership or joint venture;
(3) An "executive officer" or insurance manager, if you are a corporation;
(4) A manager or insurance manager, if you are a limited liability company;
(5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization;
(6) A person or organization having proper temporary custody of your property if you die;
(7) The legal representative of you if you die; or
(8) A person (other than an "employee") or an organization while acting as your real estate manager.
3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit:
e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for
which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the
time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However,
you shall give written notice of this "occurrence" to us as soon as you become aware that this
"occurrence" may be a liability claim rather than a workers compensation claim.
4. Paragraph 6. is replaced with the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
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Copyright 2013 FCCI Insurance Group
COMMERCIAL GENERAL LIABILITY
CGL 088 (10 13)
Any error or omission in the description of, or failure to completely describe or disclose any premises,
operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage
for those premises, operations or products, provided such error or omission or failure to completely
describe or disclose premises, operations or products was not intentional.
You must report such error or omission to us as soon as practicable after its discovery. However, this
provision does not affect our right to collect additional premium charges or exercise our right of
cancellation or nonrenewal.
5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us:
However, we waive any right of recovery we may have because of payments we make for injury or
damage arising out of your ongoing operations or "your work" included in the "products -completed
operations hazard" under the following conditions:
a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement;
b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery, -
and
c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you
prior to the loss.
6. Paragraph 10. is added as follows:
10. Liberalization
If we revise this Coverage Form to provide more coverage without additional premium charge, your
policy will automatically provide the additional coverage as of the day the revision is effective in the
applicable state(s).
CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 16 of 16
Copyright 2013 FCCI Insurance Group
IL 060 (07 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET NOTIFICATION TO OTHERS OF CANCELLATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
COMMERCIAL CRIME COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
COMMERCIAL OUTPUT POLICY
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA COVERAGE FORM
GARAGE COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will
mail notice of cancellation to any person or organization to whom you have agreed in a written contract
that notice of cancellation of this policy will be given, but only if:
1. You send us a written request to provide such notice, including the name and address of such
person or organization, after the first Named Insured shown in the ❑eclarations receives notice
from us of the cancellation of this policy; and,
2. We receive such written request at least 45 days before the effective date of cancellation.
We will mail such notice at least 30 days before the effective date of the cancellation.
Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or
organization to be given notice, and said person or organization shall have no rights under this policy if
he/it does not receive notice per this endorsement.
IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1
Insured Copy
COMMERCIAL AUTOMOBILE
CAU 082 (01 15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC INSURED - BUSINESS AUTO POLICY
PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS
AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated
below.
For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following:
1. Any person or organization when you and such person have agreed in writing in a contract signed and
executed by you prior to the loss for which coverage is sought, that such person or organization be added
as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your
negligent actions or omissions impose liability on such "insured" without fault on its part.
2. This insurance is primary and non-contributory to other liability coverages of the person or organization
being added to this policy as an "insured" when so required in a written contract or agreement that is
executed prior to the loss for which coverage is sought.
CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1
Copyright 2015 FCCI Insurance Group.
Insured Copy
IL 060 (07 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET NOTIFICATION TO OTHERS OF CANCELLATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
COMMERCIAL CRIME COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
COMMERCIAL OUTPUT POLICY
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA COVERAGE FORM
GARAGE COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will
mail notice of cancellation to any person or organization to whom you have agreed in a written contract
that notice of cancellation of this policy will be given, but only if:
1. You send us a written request to provide such notice, including the name and address of such
person or organization, after the first Named Insured shown in the Declarations receives notice
from us of the cancellation of this policy; and,
2. We receive such written request at least 45 days before the effective date of cancellation.
We will mail such notice at least 30 days before the effective date of the cancellation.
Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or
organization to be given notice, and said person or organization shall have no rights under this policy if
he/it does not receive notice per this endorsement.
IL 060 (0713) Copyright 2013 FCCI Insurance Group. Page 1 of 1
QUOTE
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARYAND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
co ntrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1
Tex,qSMutu
WORKERS' COMPENSATION INSURANCE
WORKERS' COMPENSATION AND
WC420304B
EMPLOYERS LIABILITY POLICY Insured copy
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury
arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver
from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: All Texas operations
3. Premium:
The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection
with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium: Included, see Information Page
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on 5/13/20 at 12:01 a.m. standard time, forms a part of:
Policy no. 0001252254 of Texas Mutual Insurance Company effective on 5/13/20
Issued to: C GREEN SCAPING LP
NCCI Carrier Code: 29939
This is not a bill
Authorized representative
1 of 1
PO Box 12058, Austin, TX 78711-2058
texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650
5/4/20
WC 42 03 04 B
AUTO FIRST CHOICE COVERAGE ENDORSEMENT
TABLE OF CONTENTS
DESCRIPTION
PAGE
AirbagCoverage........................................................................................................................................................3
Auto Loan/Lease Gap Coverage...............................................................................................................................3
BroadForm Insured...................................................................................................................................................1
Concealment, Misrepresentation or Fraud................................................................................................................4
Deductible..................................................................................................................................................................3
Duties in the Event of Accident, Claim, Suit or Loss.................................................................................................4
FellowEmployee.......................................................................................................................................................2
Fire Department Service Charge...............................................................................................................................2
Other Insurance for Hired Auto Physical Damage Coverage
...................................................................................4
Lossof Earnings........................................................................................................................................................2
Lossof Use Expenses...............................................................................................................................................2
SupplementaryPayments.........................................................................................................................................2
Transfer of Rights of Recovery against Others to Us...............................................................................................4
TransportationExpenses..........................................................................................................................................2
Insured Copy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO FIRST CHOICE COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and
will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form.
With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form
apply unless modified by this endorsement.
The Business Auto Coverage Form is amended as follows:
SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows:
A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following:
d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the
effective date of this coverage form. However, "insured" does not include any subsidiary that is an
"insured" under any other liability policy or would be an "insured" under such a policy but for its
termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered
insured under this policy, you must notify us of such subsidiaries within 50 days of policy effective date.
e. Any organization you newly acquire or form during the policy period, other than a partnership or joint
venture, and over which you maintain sole ownership or a majority interest. However, coverage under
this provision:
(1) Does not apply if the organization you acquire or form is an "insured" under another liability policy
or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of
insurance;
(2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed
the organization; and
(3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the
policy period, whichever comes first.
f. Any person or organization who is required under a written contract or agreement between you and that
person or organization, that is signed and executed by you before the "bodily injury" or "property
damage" occurs and that is in effect during the policy period, to be named as an additional insured is
an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the
extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Section II.
g. Any "employee" of yours using:
(1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee"
or a member of his or her household, while performing duties related to the conduct of your
business or your personal affairs; or
(2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your
permission, while performing duties related to the conduct of your business. However, your
"employee" does not qualify as an insured under this paragraph (2) while using a covered "auto"
rented from you or from any member of the "employee's" household
h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire
or borrow, while performing duties related to the conduct of your business or your personal affairs.
B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted
and replaced by the following:
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(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an
"accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of
earnings up to $500 a day because of time off from work.
C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following:
5. Fellow Employee
"Bodily injury" to:
Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's"
employment or while performing duties related to the conduct of your business. However, this
exclusion does not apply to your "employees" that are officers or managers if the "bodily injury"
results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other
collectible insurance; or
b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph
a. above.
SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows:
A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $75 per day to a total maximum of $2,000 for temporary transportation expense incurred
by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you
carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary
transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless
of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss".
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally
responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental
contract or agreement. We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for
hired "autos";
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss
Coverage is provided for hired "autos"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos".
However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a
total maximum of $2,000.
B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage:
c. Fire Department Service Charge
When a fire department is called to save or protect a covered "auto", its equipment, its contents, or
occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department
service charges assumed by contractor or agreement prior to loss.
No deductible applies to this additional coverage.
d. Auto Loan/Lease Gap Coverage
The following provisions apply:
(1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this
coverage form and the lessor of the covered "auto" is named as an additional insured under this
policy, in the event of a total lass to the leased covered "auto", we will pay any unpaid amount
due on the lease, less the amount paid under the Physical Damage Coverage Section of the
policy; and less any:
(a) Overdue lease or loan payments including penalties, interest, or other charges resulting from
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overdue payments at the time of the "loss";
(b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage;
(c) Security deposits not refunded by the lessor;
(d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the loan or lease; and
(e) Carry-over balances from previous loans or leases.
(2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the
covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered
"auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical
Damage Coverage Section of the policy; and less any;
(a) Overdue loan payments at the time of the "loss";
(b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the loan; and
(c) Carry-over balances from previous loans.
C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following:
3. We will not pay for "loss" due and confirmed to:
a. Wear and tear, freezing, mechanical or electrical breakdown
b. Blowouts, punctures or other road damage to tires
This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto".
However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that
inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy;
b. The airbags are not covered under any warranty; and
c. The airbags were not intentionally inflated
We will pay up to a maximum of $1,000 for any one "loss".
D. Section D. Deductible is deleted and replaced by the following:
D. Deductible
For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by the applicable deductible shown in the Declarations subject to the following:
Any Comprehensive Coverage deductible shown in the ❑eclarations does not apply to:
(1) "Loss" caused by fire or lightning; and
(2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system.
(3) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no
deductible shall apply to damage to the windshield of any covered "auto" or to safety glass.
SECTION IV— BUSINESS AUTO CONDITIONS is amended as follows:
A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of
Accident, Claim, Suit or Loss:
This duty applies when the "accident", claim, "suit" or "loss" is first known to. -
(a) You, if you are an individual;
(b) A partner, if you are a partnership;
(c) An executive officer or insurance manager, if you are a corporation; or
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(d) A member or manager, if you are a limited liability company.
B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is
deleted and replaced by the following:
S. Transfer of Rights of Recovery against Others to Us
If a person or organization to or for whom we make payment under this coverage form has rights to
recover damages from another, those rights are transferred to us. That person or organization must do
everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them.
However, if the insured has waived rights to recover through a written contract, or if your work was
commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a
waiver with customers whose customary contracts require a waiver, we waive any right of recovery we
may have under this coverage form.
C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General
Conditions:
However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny
coverage under this coverage form because of such failure. This provision does not affect our right to
collect additional premium or exercise our right of cancellation or non -renewal.
D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced
by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own;
(1) Any covered "auto" you lease, hire, rent or borrow; and
(2) Any covered "auto' hired or rented by your "employee" under a contract in that individual
"employee's" name, with your permission, while performing duties related to the conduct of your
business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a
covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a
partnership), members (if you are a limited liability company), or members of their households.
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CGL 121 (04 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT -
ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS
(TEXAS LIMITED SOLE NEGLIGENCE)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
b ;NtUULt (UP I IUNAL)
Name of Additional Insured Persons or Organizations
(As required by written contract or agreement per Paragraph A. below.)
Locations of Covered Operations
(As per the written contract or agreement, provided the location is within the "coverage territory".)
(Information required to complete this Schedule, if not shown above, will be shown in the ❑eclarations.)
A. Section II — Who Is An Insured is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement in effect during the term of this policy that
such person or organization be added as an additional insured on your policy; and
2. Any other person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph 1. above; and
3. The particular person or organization, if any, scheduled above.
Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury',
"property damage" or "personal and advertising injury' occurring after the execution of the contract or
agreement described in Paragraph 1. above and caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured; or
c. "Your work" performed for the additional insured and included in the "products -completed operations
hazard" if such coverage is specifically required in the written contract or agreement.
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COMMERCIAL GENERAL LIABILITY
CGL 121 (04 13)
With respect to liability of the additional insured for "bodily injury" of an employee or agent of a named insured
or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of
the additional insured, but only if such coverage is specifically required in the written contract or agreement.
However, the insurance afforded to such additional insured(s) described above:
a. Only applies to the extent permitted by law;
b. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured;
c. Will not be broader than that which is afforded to you under this policy; and
d. Nothing herein shall extend the term of this policy.
B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or
"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional
architectural, engineering or surveying services, including:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
C. This insurance is excess over any other valid and collectible insurance available to the additional insured
whether on a primary, excess, contingent or any other basis; unless the written contract or agreement
requires that this insurance be primary and non-contributory, in which case this insurance will be primary and
non-contributory relative to insurance on which the additional insured is a Named Insured.
D. With respect to the insurance afforded to these additional insureds, the following is added to Section III —
Limits of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph A. 1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Section IV— Commercial General Liability Conditions is amended as follows:
The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
An additional insured under this endorsement must as soon as practicable:
1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this
insurance, and of any claim or "suit" that does result;
2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the
investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy
conditions; and
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COMMERCIAL GENERAL LIABILITY
CGL 121 (04 13)
3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would
cover the additional insured for a loss we cover under this endorsement and agree to make available all
such other insurance. However, this condition does not affect Paragraph C. above.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or "suit".
F. This endorsement does not apply to any additional insured or project that is specifically identified in any other
additional insured endorsement attached to the Commercial General Liability Coverage Form.
Page 3 of 3
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revision: Febmuy 2, 2016
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article1 — Definitions and Terminology.......................................................................................................... 1
1.01 Defined Terms...............................................................................................................................1
1.02 Terminology.................................................................................................................................. 6
Article2 —
Preliminary Matters......................................................................................................................... 7
2.01
Copies of Documents.................................................................................................................... 7
2.02
Commencement of Contract Time; Notice to Proceed................................................................ 7
2.03
Starting the Work.......................................................................................................................... 8
2.04
Before Starting Construction........................................................................................................ 8
2.05
Preconstruction Conference.......................................................................................................... 8
2.06
Public Meeting.............................................................................................................................. 8
2.07
Initial Acceptance of Schedules.................................................................................................... 8
Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards...................................................................................................................... 9
3.03 Reporting and Resolving Discrepancies....................................................................................... 9
3.04 Amending and Supplementing Contract Documents.................................................................10
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................ I I
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points...........................................................................................................11
4.01 Availability of Lands..................................................................................................................11
4.02 Subsurface and Physical Conditions..........................................................................................12
4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities...............................................................................................................13
4.05 Reference Points.........................................................................................................................14
4.06 Hazardous Environmental Condition at Site..............................................................................14
Article5 — Bonds and Insurance.....................................................................................................................16
5.01 Licensed Sureties and Insurers...................................................................................................16
5.02 Performance, Payment, and Maintenance Bonds.......................................................................16
5.03 Certificates of Insurance.............................................................................................................16
5.04 Contractor's Insurance................................................................................................................18
5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19
Article 6 — Contractor's Responsibilities........................................................................................................19
6.01 Supervision and Superintendence...............................................................................................19
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revision: Febmuy 2, 2016
6.02
Labor; Working Hours................................................................................................................20
6.03
Services, Materials, and Equipment...........................................................................................
20
6.04
Project Schedule..........................................................................................................................21
6.05
Substitutes and "Or-Equals".......................................................................................................
21
6.06
Concerning Subcontractors, Suppliers, and Others....................................................................24
6.07
Wage Rates..................................................................................................................................25
6.08
Patent Fees and Royalties...........................................................................................................
26
6.09
Permits and Utilities....................................................................................................................
27
6.10
Laws and Regulations.................................................................................................................
27
6.11
Taxes...........................................................................................................................................28
6.12
Use of Site and Other Areas.......................................................................................................
28
6.13
Record Documents......................................................................................................................29
6.14
Safety and Protection..................................................................................................................
29
6.15
Safety Representative..................................................................................................................
30
6.16
Hazard Communication Programs.............................................................................................30
6.17
Emergencies and/or Rectification...............................................................................................
30
6.18
Submittals....................................................................................................................................31
6.19
Continuing the Work...................................................................................................................
32
6.20
Contractor's General Warranty and Guarantee..........................................................................32
6.21
Indemnification.........................................................................................................................
33
6.22
Delegation of Professional Design Services..............................................................................
34
6.23
Right to Audit..............................................................................................................................
34
6.24
Nondiscrimination.......................................................................................................................35
Article 7 - Other Work at the Site..
7.01 Related Work at Site..
7.02 Coordination ...............
Article 8 -
City's Responsibilities...................................................................................................................
36
8.01
Communications to Contractor...................................................................................................
36
8.02
Furnish Data................................................................................................................................36
8.03
Pay When Due............................................................................................................................36
8.04
Lands and Easements; Reports and Tests...................................................................................36
8.05
Change Orders.............................................................................................................................36
8.06
Inspections, Tests, and Approvals..............................................................................................
36
8.07
Limitations on City's Responsibilities.......................................................................................
37
8.08
Undisclosed Hazardous Environmental Condition....................................................................37
8.09
Compliance with Safety Program...............................................................................................37
Article 9 - City's Observation Status During Construction........................................................................... 37
9.01 City's Project Manager............................................................................................................ 37
9.02 Visits to Site................................................................................................................................ 37
9.03 Authorized Variations in Work..................................................................................................38
9.04 Rejecting Defective Work..........................................................................................................38
9.05 Determinations for Work Performed.......................................................................................... 38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revision: Febmuy 2, 2016
Article 10 - Changes in the Work; Claims; Extra Work..
10.01 Authorized Changes in the Work .................
10.02 Unauthorized Changes in the Work .............
10.03 Execution of Change Orders .........................
10.04 Extra Work ....................................................
10.05 Notification to Surety ....................................
10.06 Contract Claims Process ...............................
...................................................................... 38
...................................................................... 38
...................................................................... 39
...................................................................... 39
...................................................................... 39
...................................................................... 39
...................................................................... 40
Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41
11.01 Cost of the Work......................................................................................................................... 41
11.02 Allowances.................................................................................................................................. 43
11.03 Unit Price Work.......................................................................................................................... 44
11.04 Plans Quantity Measurement......................................................................................................45
Article 12 - Change of Contract Price; Change of Contract Time.................................................................46
12.01 Change of Contract Price............................................................................................................46
12.02 Change of Contract Time............................................................................................................47
12.03 Delays.......................................................................................................................................... 47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48
13.01 Notice of Defects........................................................................................................................48
13.02 Access to Work........................................................................................................................... 48
13.03 Tests and Inspections.................................................................................................................. 48
13.04 Uncovering Work........................................................................................................................49
13.05 City May Stop the Work.............................................................................................................49
13.06 Correction or Removal of Defective Work................................................................................ 50
13.07 Correction Period........................................................................................................................ 50
13.08 Acceptance of Defective Work................................................................................................... 51
13.09 City May Correct Defective Work............................................................................................. 51
Article 14 - Payments to Contractor and Completion....................................................................................
52
14.01 Schedule of Values......................................................................................................................
52
14.02 Progress Payments......................................................................................................................
52
14.03 Contractor's Warranty of Title...................................................................................................
54
14.04 Partial Utilization........................................................................................................................
55
14.05 Final Inspection...........................................................................................................................55
14.06 Final Acceptance.........................................................................................................................55
14.07 Final Payment..............................................................................................................................
56
14.08 Final Completion Delayed and Partial Retainage Release........................................................
56
14.09 Waiver of Claims........................................................................................................................
57
Article 15 - Suspension of Work and Termination........................................................................................
57
15.01 City May Suspend Work.............................................................................................................
57
15.02 City May Terminate for Cause...................................................................................................
58
15.03 City May Terminate For Convenience.......................................................................................
60
Article16 - Dispute Resolution......................................................................................................................
61
16.01 Methods and Procedures.............................................................................................................
61
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revision: Febmary2,2016
Article 17 —Miscellaneous ...............
17.01 Giving Notice ...............
17.02 Computation of Times.
17.03 Cumulative Remedies..
17.04 Survival of Obligations
17.05 Headings .......................
......................................................................................................... 62
......................................................................................................... 62
......................................................................................................... 62
......................................................................................................... 62
......................................................................................................... 63
......................................................................................................... 63
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revision: Febmuy 2, 2016
007200-1
GENERAL CONDITIONS
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ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed -defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement —The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment —The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos —Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award — Authorization by the City Council for the City to enter into an Agreement.
6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder —The individual or entity who submits a Bid directly to City.
8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11. Buzzsaw — City's on-line, electronic document management and collaboration system.
12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revision: Febmuy 2, 2016
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GENERAL CONDITIONS
Page 2 of 63
13. Change Order —A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — The officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract —The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents —Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price —The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor —The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revision: Febmuy 2, 2016
007200-1
GENERAL CONDITIONS
Page 3 of 63
25. Damage Claims — A demand for money or services arising from the Project or Site from a
third parry, City or Contractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings —That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer —The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
36. Field Order — A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
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38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements —Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item — An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45. Milestone —A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award —The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs —Polychlorinated biphenyls.
49. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non -Hazardous Waste and crude oils.
50. Plans — See definition of Drawings.
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51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project —The Work to be performed under the Contract Documents.
53. Project Manager —The authorized representative of the City who will be assigned to the
Site.
54. Public Meeting — An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57. Samples —Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights -of -way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications —That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor —An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
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63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65. Superintendent — The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66. Supplementary Conditions —That part of the Contract Documents which amends or
supplements these General Conditions.
67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition.
70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
71. Work —The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
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1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide:
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
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2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.07 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
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section. The Contractor shall not take advantage of any variation of form, format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
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6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving parry. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring parry makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
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then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
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Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
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construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06. G shall obligate Contractor to indemnify any
individual or entity from and against the consequences of that individual's or entity's own
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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ARTICLE 5 — BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor's obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney -in -fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and maintain.
The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first -dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either parry or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto',
defined as autos owned, hired and non -owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
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B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 0132 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or -Equals "
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or -equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or -equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 0125 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
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G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable
participation by Minority Business Enterprises (MBE) in the procurement of goods and services
on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required
to comply with the intent of the City's MBE Ordinance (as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MBE. Material misrepresentation of any nature will be grounds for
termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
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1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
F. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
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D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the I Ith day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
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the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
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court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the
Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. htt2://www.window.state.tx.us/taxinfo/taxfortns/93-forms.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
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take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
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changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For -Information -Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
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B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
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2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
5.02.B. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN
PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provision is intended to include, without limitation, indemnity for costs, expenses and legal
fees incurred by the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the
City, its officers, servants and employees, from and against any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS
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SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
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Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit -
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 — OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a parry to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
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7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
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8.07 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Manager
City will provide one or more Project Manager(s) during the construction period. The duties and
responsibilities and the limitations of authority of City's Project Manager during construction are set
forth in the Contract Documents. The City's Project Manager for this Contract is Bryan Lyness,
RLA, or his/her successor pursuant to written notification from the Director of Park & Recreation
Department.
9.02 Visits to Site
A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages
of construction as City deems necessary in order to observe the progress that has been made and
the quality of the various aspects of Contractor's executed Work. Based on information
obtained during such visits and observations, City's Project Manager will determine, in general,
if the Work is proceeding in accordance with the Contract Documents. City's Project Manager
will not be required to make exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. City's Project Manager's efforts will be directed toward
providing City a greater degree of confidence that the completed Work will conform generally to
the Contract Documents.
B. City's Project Manager's visits and observations are subject to all the limitations on authority and
responsibility in the Contract Documents including those set forth in Paragraph
8.07.
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9.03 Authorized Variations in Work
City's Project Manager may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time
and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Manager believes to be defective, or
will not produce a completed Project that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as a functioning whole as indicated by
the Contract Documents. City will have authority to conduct special inspection or testing of the
Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Manager will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
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10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
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10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a
condition precedent to any exercise by Contractor of any rights or remedies he may otherwise
have under the Contract Documents or by Laws and Regulations in respect of such Contract
Claims.
B. Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
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D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
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4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor's fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
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h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B. Pre -bid Allowances:
1. Contractor agrees that:
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a. the pre -bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre -bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
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2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either parry to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either parry to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
parry to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
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E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.Q.
C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the
Contractor's additional fee shall be 15 percent except for:
1) rental fees for Contractor's own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.01.A.4 and 11.0l .A.5, the Contractor's fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and
12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever
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tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and
11.0LB;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent (5%) of such net
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
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ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to
City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
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Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor's use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
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C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
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costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
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B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
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e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Contractor, when Contractor remedies the
reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
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14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
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14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
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portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
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15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under
Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
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obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
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15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
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D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other parry to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
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1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other parry to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving parry.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
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17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
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SUPPLEMENTARY CONDITIONS
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These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions
of the General Conditions which are not so modified or supplemented remain in full force and effect.
Defined Terms
The terms used in these Supplementary Conditions which are defined in the General Conditions have the
meaning assigned to them in the General Conditions, unless specifically noted herein.
Modifications and Supplements
The following are instructions that modify or supplement specific paragraphs in the General Conditions and
other Contract Documents.
SC-3.03B.2, "Resolving Discrepancies"
Plans govern over Specifications.
SC-4.01A
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding.
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the
Contract Drawings.
SC-4.01A.1., "Availability of Lands"
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of -
Outstanding Right -Of -Way, and/or Easements to Be Acquired
PARCEL OWNER
NUMBER
None
TARGET DATE
OF POSSESSION
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
and do not bind the City.
If Contractor considers the final easements provided to differ materially from the representations on the
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work,
notify City in writing associated with the differing easement line locations.
SC-4.01A.2, "Availability of Lands"
Utilities or obstructions to be removed, adjusted, and/or relocated
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The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated
as of
EXPECTED UTILITY AND LOCATION
OWNER
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ADJUSTMENT
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
and do not bind the City.
SC-4.02A., "Subsurface and Physical Conditions"
The following are reports of explorations and tests of subsurface conditions at the site of the Work:
A Geotechnical Engineering Study,Channel Refurbishment, French Lake Drive Report No. 110-19-114,
dated September 23, 2019, prepared by CMJ Engineering, Inc., a sub -consultant of Baird, Hampton &
Brown, Inc, a consultant of the City, providing additional information on the subsurface physical conditions
of the project site.
The following are drawings of physical conditions in or relating to existing surface and subsurface
structures (except Underground Facilities) which are at or contiguous to the site of the Work:
None
SC-4.06A., "Hazardous Environmental Conditions at Site"
The following are reports and drawings of existing hazardous environmental conditions known to the City:
None
SC-5.03A., "Certificates of Insurance"
The entities listed below are "additional insureds as their interest may appear" including their respective
officers, directors, agents and employees.
(1) City
(2) Consultant: Baird, Hampton & Brown, Inc.
(3) Other: None
[Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract
Documents]
SC-5.04A., "Contractor's Insurance"
The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following
coverages for not less than the following amounts or greater where required by laws and regulations:
5.04A. Workers' Compensation, under Paragraph GC-5.04A.
Statutory limits
Employer's liability
$100,000 each accident/occurrence
$100,000 Disease - each employee
$500,00QL Disease - policy limit
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Page 3 of 5
SC-5.04B., "Contractor's Insurance"
5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance
under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with
minimum limits of:
$ eac occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the
General Aggregate Limits apply separately to each job site.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's.
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
SC 5.04C., "Contractor's Insurance"
5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:
(1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non -owned.
$1,000,(M each accident on a combined single limit basis. Split limits are acceptable if limits are at
least:
$250,000 Bodily Injury per person /
$500,000 Bodily Injury per accident /
$100,000 Property Damage
SC-5.04D., "Contractor's Insurance"
The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and
material deliveries to cross railroad properties and tracks None
The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with,
hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains
or other property. Such operations on railroad properties may require that Contractor to execute a "Right of
Entry Agreement" with the particular railroad company or companies involved, and to this end the
Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute
the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate
to the Contractor's use of private and/or construction access roads crossing said railroad company's
properties.
The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide
coverage for not less than the following amounts, issued by companies satisfactory to the City and to the
Railroad Company for a term that continues for so long as the Contractor's operations and work cross,
occupy, or touch railroad property:
(1) General Aggregate:
(2) Each Occurrence:
Required for this Contract
x Not required for this Contract
With respect to the above outlined insurance requirements, the following shall govern:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised January 22, 2016
Candleridge Park Erosion Control Improvements
CO2717
007300-4
SUPPLEMENTARY CONDITIONS
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Page 4 of 5
1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in
the name of the railroad company. However, if more than one grade separation or at -grade
crossing is affected by the Project at entirely separate locations on the line or lines of the same
railroad company, separate coverage may be required, each in the amount stated above.
2. Where more than one railroad company is operating on the same right-of-way or where several
railroad companies are involved and operated on their own separate rights -of -way, the Contractor
may be required to provide separate insurance policies in the name of each railroad company.
3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a
railroad company's right-of-way at a location entirely separate from the grade separation or at -
grade crossing, insurance coverage for this work must be included in the policy covering the grade
separation.
4. If no grade separation is involved but other work is proposed on a railroad company's right-of-
way, all such other work may be covered in a single policy for that railroad, even though the work
may be at two or more separate locations.
No work or activities on a railroad company's property to be performed by the Contractor shall be
commenced until the Contractor has furnished the City with an original policy or policies of the insurance
for each railroad company named, as required above. All such insurance must be approved by the City and
each affected Railroad Company prior to the Contractor's beginning work.
The insurance specified above must be carried until all Work to be performed on the railroad right-of-way
has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition,
insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way.
Such insurance must name the railroad company as the insured, together with any tenant or lessee of the
railroad company operating over tracks involved in the Project.
SC-6.04., "Project Schedule"
Project schedule shall be tier 3 for the project.
SC-6.07., "Wage Rates"
The following is the prevailing wage rate table(s) applicable to this project and is provided in the
Appendixes:
2017 Prevailing Wage Rates (Highway; Heavy, including pipelines)
http://fortworthtexas.gov/tpw/contractors/
SC-6.09., "Permits and Utilities"
SC-6.09A., "Contractor obtained permits and licenses"
The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:
1. Refer to Candleridge Park — Waters of the United States Delineation and Section 404 Permit
Assessment report by Integrated Environmental Solutions dated December 2019 attached.
SC-6.09B. "City obtained permits and licenses"
The following are known permits and/or licenses required by the Contract to be acquired by the City:
1. Refer to Candleridge Park — Waters of the United States Delineation and Section 404 Permit
Assessment report by Integrated Environmental Solutions dated December 2019 attached.
SC-6.09C. "Outstanding permits and licenses"
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised January 22, 2016
Candleridge Park Erosion Control Improvements
CO2717
1
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007300-5
SUPPLEMENTARY CONDITIONS
Page 5 of 5
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of January
17, 2020.
Outstanding Permits and/or Licenses to Be Acquired
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
SC-7.02., "Coordination"
The individuals or entities listed below have contracts with the City for the performance of other work at
the Site: None
Vendor Scope of Work Coordination Authority
SC-8.01, "Communications to Contractor"
None
SC-9.01., "City's Project Manager"
The City's Project Manager for this Contract is Bryan Lyness, RLA, or his/her successor pursuant to
written notification from the Director of Park and Recreation Department.
SC-13.03C., "Tests and Inspections"
None
SC-16.01C.1, "Methods and Procedures"
None
END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
1/22/2016
F. Griffin
SC-9.01., "City's Project Representative" wording changed to City's Project
Manager.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised January 22, 2016
Candleridge Park Erosion Control Improvements
CO2717
Division O1
General Requirements
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 01 11 00
SUMMARY OF WORK
011100-1
SUMMARY OF WORK
Pagel of 3
5 A. Section Includes:
6 1. Summary of Work to be performed in accordance with the Contract Documents
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract
11 2. Division 1 - General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various items bid.
15 No separate payment will be allowed for this Item.
16 1.3 REFERENCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
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A. Work Covered by Contract Documents
1. Work is to include furnishing all labor, materials, and equipment, and performing
all Work necessary for this construction project as detailed in the Drawings and
Specifications.
B. Subsidiary Work
1. Any and all Work specifically governed by documentary requirements for the
project, such as conditions imposed by the Drawings or Contract Documents in
which no specific item for bid has been provided for in the Proposal and the item is
not a typical unit bid item included on the standard bid item list, then the item shall
be considered as a subsidiary item of Work, the cost of which shall be included in
the price bid in the Proposal for various bid items.
C. Use of Premises
1. Coordinate uses of premises under direction of the City.
2. Assume full responsibility for protection and safekeeping of materials and
equipment stored on the Site.
3. Use and occupy only portions of the public streets and alleys, or other public places
or other rights -of -way as provided for in the ordinances of the City, as shown in the
Contract Documents, or as may be specifically authorized in writing by the City.
a. A reasonable amount of tools, materials, and equipment for construction
purposes may be stored in such space, but no more than is necessary to avoid
delay in the construction operations.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
011100-2
SUMMARY OF WORK
Page 2 of 3
1 b. Excavated and waste materials shall be stored in such a way as not to interfere
2 with the use of spaces that may be designated to be left free and unobstructed
3 and so as not to inconvenience occupants of adjacent property.
4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such
5 manner as not to interfere with the operation of the railroad.
6 1) All Work shall be in accordance with railroad requirements set forth in
7 Division 0 as well as the railroad permit.
8 D. Work within Easements
9 1. Do not enter upon private property for any purpose without having previously
10 obtained permission from the owner of such property.
11 2. Do not store equipment or material on private property unless and until the
12 specified approval of the property owner has been secured in writing by the
13 Contractor and a copy furnished to the City.
14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of
15 obstructions which must be removed to make possible proper prosecution of the
16 Work as a part of the project construction operations.
17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,
18 lawns, fences, culverts, curbing, and all other types of structures or improvements,
19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or
20 appurtenances thereof, including the construction of temporary fences and to all
21 other public or private property adjacent to the Work.
22 5. Notify the proper representatives of the owners or occupants of the public or private
23 lands of interest in lands which might be affected by the Work.
24 a. Such notice shall be made at least 48 hours in advance of the beginning of the
25 Work.
26 b. Notices shall be applicable to both public and private utility companies and any
27 corporation, company, individual, or other, either as owners or occupants,
28 whose land or interest in land might be affected by the Work.
29 c. Be responsible for all damage or injury to property of any character resulting
30 from any act, omission, neglect, or misconduct in the manner or method or
31 execution of the Work, or at any time due to defective work, material, or
32 equipment.
33 6. Fence
34 a. Restore all fences encountered and removed during construction of the Project
35 to the original or a better than original condition.
36 b. Erect temporary fencing in place of the fencing removed whenever the Work is
37 not in progress and when the site is vacated overnight, and/or at all times to
38 provide site security.
39 c. The cost for all fence work within easements, including removal, temporary
40 closures and replacement, shall be subsidiary to the various items bid in the
41 project proposal, unless a bid item is specifically provided in the proposal.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
011100-3
SUMMARY OF WORK
Page 3 of 3
1 1.5
SUBMITTALS [NOT USED]
2 1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
3 1.7
CLOSEOUT SUBMITTALS [NOT USED]
4 1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9
QUALITY ASSURANCE [NOT USED]
6 1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11
FIELD [SITE] CONDITIONS [NOT USED]
8 1.12
WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11
12
13
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Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
012500-1
SUBSTITUTION PROCEDURES
Page 1 of 4
1 SECTION 0125 00
2 SUBSTITUTION PROCEDURES
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedure for requesting the approval of substitution of a product that is not
7 equivalent to a product which is specified by descriptive or performance criteria or
8 defined by reference to 1 or more of the following:
9 a. Name of manufacturer
10 b. Name of vendor
11 c. Trade name
12 d. Catalog number
13 2. Substitutions are not "or -equals".
14 B. Deviations from this City of Fort Worth Standard Specification
15 1. None.
16 C. Related Specification Sections include, but are not necessarily limited to:
17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
18 2. Division 1 — General Requirements
19 1.2 PRICE AND PAYMENT PROCEDURES
20 A. Measurement and Payment
21 1. Work associated with this Item is considered subsidiary to the various items bid.
22 No separate payment will be allowed for this Item.
23 1.3 REFERENCES [NOT USED]
24 1.4 ADMINISTRATIVE REQUIREMENTS
25 A. Request for Substitution - General
26 1. Within 30 days after award of Contract (unless noted otherwise), the City will
27 consider formal requests from Contractor for substitution of products in place of
28 those specified.
29 2. Certain types of equipment and kinds of material are described in Specifications by
30 means of references to names of manufacturers and vendors, trade names, or
31 catalog numbers.
32 a. When this method of specifying is used, it is not intended to exclude from
33 consideration other products bearing other manufacturer's or vendor's names,
34 trade names, or catalog numbers, provided said products are "or -equals," as
35 determined by City.
36 3. Other types of equipment and kinds of material may be acceptable substitutions
37 under the following conditions:
38 a. Or -equals are unavailable due to strike, discontinued production of products
39 meeting specified requirements, or other factors beyond control of Contractor;
40 or,
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
012500-2
SUBSTITUTION PROCEDURES
Page 2 of 4
1 b. Contractor proposes a cost and/or time reduction incentive to the City.
2 1.5 SUBMITTALS
3 A. See Request for Substitution Form (attached)
4 B. Procedure for Requesting Substitution
5 1. Substitution shall be considered only:
6 a. After award of Contract
7 b. Under the conditions stated herein
8 2. Submit 3 copies of each written request for substitution, including:
9 a. Documentation
10 1) Complete data substantiating compliance of proposed substitution with
11 Contract Documents
12 2) Data relating to changes in construction schedule, when a reduction is
13 proposed
14 3) Data relating to changes in cost
15 b. For products
16 1) Product identification
17 a) Manufacturer's name
18 b) Telephone number and representative contact name
19 c) Specification Section or Drawing reference of originally specified
20 product, including discrete name or tag number assigned to original
21 product in the Contract Documents
22 2) Manufacturer's literature clearly marked to show compliance of proposed
23 product with Contract Documents
24 3) Itemized comparison of original and proposed product addressing product
25 characteristics including, but not necessarily limited to:
26 a) Size
27 b) Composition or materials of construction
28 c) Weight
29 d) Electrical or mechanical requirements
30 4) Product experience
31 a) Location of past projects utilizing product
32 b) Name and telephone number of persons associated with referenced
33 projects knowledgeable concerning proposed product
34 c) Available field data and reports associated with proposed product
35 5) Samples
36 a) Provide at request of City.
37 b) Samples become the property of the City.
38 c. For construction methods:
39 1) Detailed description of proposed method
40 2) Illustration drawings
41 C. Approval or Rejection
42 1. Written approval or rejection of substitution given by the City
43 2. City reserves the right to require proposed product to comply with color and pattern
44 of specified product if necessary to secure design intent.
45 3. In the event the substitution is approved, the resulting cost and/or time reduction
46 will be documented by Change Order in accordance with the General Conditions.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
012500-3
SUBSTITUTION PROCEDURES
Page 3 of 4
1 4. No additional contract time will be given for substitution.
2 5. Substitution will be rejected if-
3 a. Submittal is not through the Contractor with his stamp of approval
4 b. Request is not made in accordance with this Specification Section
5 c. In the City's opinion, acceptance will require substantial revision of the original
6 design
7 d. In the City's opinion, substitution will not perform adequately the function
8 consistent with the design intent
9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
10 1.7 CLOSEOUT SUBMITTALS [NOT USED]
11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
12 1.9 QUALITY ASSURANCE
13 A. In making request for substitution or in using an approved product, the Contractor
14 represents that the Contractor:
15 1. Has investigated proposed product, and has determined that it is adequate or
16 superior in all respects to that specified, and that it will perform function for which
17 it is intended
18 2. Will provide same guarantee for substitute item as for product specified
19 3. Will coordinate installation of accepted substitution into Work, to include building
20 modifications if necessary, making such changes as may be required for Work to be
21 complete in all respects
22 4. Waives all claims for additional costs related to substitution which subsequently
23 arise
24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
25 1.11 FIELD [SITE] CONDITIONS [NOT USED]
26 1.12 WARRANTY [NOT USED]
27 PART 2 - PRODUCTS [NOT USED]
28 PART 3 - EXECUTION [NOT USED]
29
kill
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
31
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
012500-4
SUBSTITUTION PROCEDURES
Page 4 of 4
1 EXHIBIT A
2 REQUEST FOR SUBSTITUTION FORM:
3
4 TO:
5 PROJECT: DATE:
6 We hereby submit for your consideration the following product instead of the specified item for
7 the above project:
8 SECTION PARAGRAPH SPECIFIED ITEM
9
10
11 Proposed Substitution:
12 Reason for Substitution:
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Include complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Fill in Blanks Below:
A. Will the undersigned contractor pay for changes to the building design, including engineering
and detailing costs caused by the requested substitution?
B. What effect does substitution have on other trades?
C. Differences between proposed substitution and specified item?
D. Differences in product cost or product delivery time?
E. Manufacturer's guarantees of the proposed and specified items are:
Equal Better (explain on attachment)
The undersigned states that the function, appearance and quality are equivalent or superior to the
specified item.
Submitted By: For Use by City
Signature
as noted
Firm
Address
Date
Telephone
For Use by City:
Approved
City
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Recommended Recommended
Not recommended Received late
By
Date
Remarks
Date
Rejected
Candleridge Park Erosion Control Improvements
Project No. CO2717
1
2
3 PART1- GENERAL
SECTION 013119
PRECONSTRUCTION MEETING
0131 19- 1
PRECONSTRUCTION MEETING
Pagel of 3
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to
7 clarify construction contract administration procedures
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 C. Related Specification Sections include, but are not necessarily limited to:
11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1 — General Requirements
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19 A. Coordination
20 1. Attend preconstruction meeting.
21 2. Representatives of Contractor, subcontractors and suppliers attending meetings
22 shall be qualified and authorized to act on behalf of the entity each represents.
23 3. Meeting administered by City may be tape recorded.
24 a. If recorded, tapes will be used to prepare minutes and retained by City for
25 future reference.
26 B. Preconstruction Meeting
27 1. A preconstruction meeting will be held within 14 days after the execution of the
28 Agreement and before Work is started.
29 a. The meeting will be scheduled and administered by the City.
30 2. The Project Representative will preside at the meeting, prepare the notes of the
31 meeting and distribute copies of same to all participants who so request by fully
32 completing the attendance form to be circulated at the beginning of the meeting.
33 3. Attendance shall include:
34 a. Project Representative
35 b. Contractor's project manager
36 c. Contractor's superintendent
37 d. Any subcontractor or supplier representatives whom the Contractor may desire
38 to invite or the City may request
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised August 17, 2012
1
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PRECONSTRUCTION MEETING
Page 2 of 3
e. Other City representatives
f. Others as appropriate
4. Construction Schedule
a. Prepare baseline construction schedule in accordance with Section 0132 16 and
provide at Preconstruction Meeting.
b. City will notify Contractor of any schedule changes upon Notice of
Preconstruction Meeting.
5. Preliminary Agenda may include:
a. Introduction of Project Personnel
b. General Description of Project
c. Status of right-of-way, utility clearances, easements or other pertinent permits
d. Contractor's work plan and schedule
e. Contract Time
f. Notice to Proceed
g. Construction Staking
h. Progress Payments
i. Extra Work and Change Order Procedures
j. Field Orders
k. Disposal Site Letter for Waste Material
1. Insurance Renewals
m. Payroll Certification
n. Material Certifications and Quality Control Testing
o. Public Safety and Convenience
p. Documentation of Pre -Construction Conditions
q. Weekend Work Notification
r. Legal Holidays
s. Trench Safety Plans
t. Confined Space Entry Standards
u. Coordination with the City's representative for operations of existing water
systems
v. Storm Water Pollution Prevention Plan
w. Coordination with other Contractors
x. Early Warning System
y. Contractor Evaluation
z. Special Conditions applicable to the project
aa. Damages Claims
bb. Submittal Procedures
cc. Substitution Procedures
dd. Correspondence Routing
ee. Record Drawings
ff. Temporary construction facilities
gg. M/WBE or MBE/SBE procedures
hh. Final Acceptance
ii. Final Payment
J. Questions or Comments
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised August 17, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
0131 19 - 3
PRECONSTRUCTION MEETING
Page 3 of 3
1 1.5
SUBMITTALS [NOT USED]
2 1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
3 1.7
CLOSEOUT SUBMITTALS [NOT USED]
4 1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9
QUALITY ASSURANCE [NOT USED]
6 1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11
FIELD [SITE] CONDITIONS [NOT USED]
8 1.12
WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11
12
13
I Biel 1ZIII%*0140 Y Ulei
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised August 17, 2012
013120-1
PROJECT MEETINGS
Pagel of 3
1 SECTION 013120
2 PROJECT MEETINGS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provisions for project meetings throughout the construction period to enable orderly
7 review of the progress of the Work and to provide for systematic discussion of
8 potential problems
9 B. Deviations this City of Fort Worth Standard Specification
10 1. None.
11 C. Related Specification Sections include, but are not necessarily limited to:
12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
13 2. Division 1 — General Requirements
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Work associated with this Item is considered subsidiary to the various items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20
A. Coordination
21
1.
Schedule, attend and administer as specified, periodic progress meetings, and
22
specially called meetings throughout progress of the Work.
23
2.
Representatives of Contractor, subcontractors and suppliers attending meetings
24
shall be qualified and authorized to act on behalf of the entity each represents.
25
3.
Meetings administered by City may be tape recorded.
26
a. If recorded, tapes will be used to prepare minutes and retained by City for
27
future reference.
28
4.
Meetings, in addition to those specified in this Section, may be held when requested
29
by the City, Engineer or Contractor.
30
B. Pre -Construction Neighborhood Meeting
31
1.
After the execution of the Agreement, but before construction is allowed to begin,
32
attend 1 Public Meeting with affected residents to:
33
a. Present projected schedule, including construction start date
34
b. Answer any construction related questions
35
2.
Meeting Location
36
a. Location of meeting to be determined by the City.
37
3.
Attendees
38
a. Contractor
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
013120-2
PROJECT MEETINGS
Page 2 of 3
1 b. Project Representative
2 c. Other City representatives
3 4. Meeting Schedule
4 a. In general, the neighborhood meeting will occur within the 2 weeks following
5 the pre -construction conference.
6 b. In no case will construction be allowed to begin until this meeting is held.
7
C. Progress Meetings
8
1.
Formal project coordination meetings will be held periodically. Meetings will be
9
scheduled and administered by Project Representative.
10
2.
Additional progress meetings to discuss specific topics will be conducted on an as -
II
needed basis. Such additional meetings shall include, but not be limited to:
12
a. Coordinating shutdowns
13
b. Installation of piping and equipment
14
c. Coordination between other construction projects
15
d. Resolution of construction issues
16
e. Equipment approval
17
3.
The Project Representative will preside at progress meetings, prepare the notes of
18
the meeting and distribute copies of the same to all participants who so request by
19
fully completing the attendance form to be circulated at the beginning of each
20
meeting.
21
4.
Attendance shall include:
22
a. Contractor's project manager
23
b. Contractor's superintendent
24
c. Any subcontractor or supplier representatives whom the Contractor may desire
25
to invite or the City may request
26
d. Engineer's representatives
27
e. City's representatives
28
f. Others, as requested by the Project Representative
29
5.
Preliminary Agenda may include:
30
a. Review of Work progress since previous meeting
31
b. Field observations, problems, conflicts
32
c. Items which impede construction schedule
33
d. Review of off -site fabrication, delivery schedules
34
e. Review of construction interfacing and sequencing requirements with other
35
construction contracts
36
£ Corrective measures and procedures to regain projected schedule
37
g. Revisions to construction schedule
38
h. Progress, schedule, during succeeding Work period
39
i. Coordination of schedules
40
j. Review submittal schedules
41
k. Maintenance of quality standards
42
1. Pending changes and substitutions
43
m. Review proposed changes for:
44
1) Effect on construction schedule and on completion date
45
2) Effect on other contracts of the Project
46
n. Review Record Documents
47
o. Review monthly pay request
48
p. Review status of Requests for Information
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
013120-3
PROJECT MEETINGS
Page 3 of 3
1 6. Meeting Schedule
2 a. Progress meetings will be held periodically as determined by the Project
3 Representative.
4 1) Additional meetings may be held at the request of the:
5 a) City
6 b) Engineer
7 c) Contractor
8 7. Meeting Location
9 a. The City will establish a meeting location.
10 1) To the extent practicable, meetings will be held at the Site.
11 1.5 SUBMITTALS [NOT USED]
12 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
13 1.7 CLOSEOUT SUBMITTALS [NOT USED]
14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
15 1.9 QUALITY ASSURANCE [NOT USED]
16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
17 1.11 FIELD [SITE] CONDITIONS [NOT USED]
18 1.12 WARRANTY [NOT USED]
19 PART 2 - PRODUCTS [NOT USED]
20 PART 3 - EXECUTION [NOT USED]
21
22
23
M00"1=1Brim Y1130
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
01 32 16 - 1
CONSTRUCTION PROGRESS SCHEDULE
Pagel of 5
1 SECTION 0132 16
2 CONSTRUCTION PROGRESS SCHEDULE
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. General requirements for the preparation, submittal, updating, status reporting and
7 management of the Construction Progress Schedule
8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance
9 Document
10 B. Deviations from this City of Fort Worth Standard Specification
11 1. None.
12 C. Related Specification Sections include, but are not necessarily limited to:
13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1 — General Requirements
15 1.2 PRICE AND PAYMENT PROCEDURES
16 A. Measurement and Payment
17 1. Work associated with this Item is considered subsidiary to the various items bid.
18 No separate payment will be allowed for this Item.
19 1.3 REFERENCES
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
A. Definitions
1. Schedule Tiers
a. Tier 1 - No schedule submittal required by contract. Small, brief duration
projects
b. Tier 2 - No schedule submittal required by contract, but will require some
milestone dates. Small, brief duration projects
c. Tier 3 - Schedule submittal required by contract as described in the
Specification and herein. Majority of City projects, including all bond program
projects
d. Tier 4 - Schedule submittal required by contract as described in the
Specification and herein. Large and/or complex projects with long durations
1) Examples: large water pump station project and associated pipeline with
interconnection to another governmental entity
e. Tier 5 - Schedule submittal required by contract as described in the
Specification and herein. Large and/or very complex projects with long
durations, high public visibility
1) Examples might include a water or wastewater treatment plant
2. Baseline Schedule - Initial schedule submitted before work begins that will serve
as the baseline for measuring progress and departures from the schedule.
3. Progress Schedule - Monthly submittal of a progress schedule documenting
progress on the project and any changes anticipated.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
013216-2
CONSTRUCTION PROGRESS SCHEDULE
Page 2 of 5
1 4. Schedule Narrative - Concise narrative of the schedule including schedule
2 changes, expected delays, key schedule issues, critical path items, etc
3 B. Reference Standards
4 1. City of Fort Worth Schedule Guidance Document
5 1.4 ADMINISTRATIVE REQUIREMENTS
6 A. Baseline Schedule
7 1. General
8 a. Prepare a cost -loaded baseline Schedule using approved software and the
9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule
10 Guidance Document.
11 b. Review the draft cost -loaded baseline Schedule with the City to demonstrate
12 understanding of the work to be performed and known issues and constraints
13 related to the schedule.
14 c. Designate an authorized representative (Project Scheduler) responsible for
15 developing and updating the schedule and preparing reports.
16 B. Progress Schedule
17 1. Update the progress Schedule monthly as required in the City of Fort Worth
18 Schedule Guidance Document.
19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule.
20 3. Change Orders
21 a. Incorporate approved change orders, resulting in a change of contract time, in
22 the baseline Schedule in accordance with City of Fort Worth Schedule
23 Guidance Document.
24 C. Responsibility for Schedule Compliance
25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status
26 Report that delays to the critical path have resulted and the Contract completion
27 date will not be met, or when so directed by the City, make some or all of the
28 following actions at no additional cost to the City
29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule
30 outlining:
31 1) A written statement of the steps intended to take to remove or arrest the
32 delay to the critical path in the approved schedule
33 2) Increase construction manpower in such quantities and crafts as will
34 substantially eliminate the backlog of work and return current Schedule to
35 meet projected baseline completion dates
36 3) Increase the number of working hours per shift, shifts per day, working
37 days per week, the amount of construction equipment, or any combination
38 of the foregoing, sufficiently to substantially eliminate the backlog of work
39 4) Reschedule activities to achieve maximum practical concurrency of
40 accomplishment of activities, and comply with the revised schedule
41 2. If no written statement of the steps intended to take is submitted when so requested
42 by the City, the City may direct the Contractor to increase the level of effort in
43 manpower (trades), equipment and work schedule (overtime, weekend and holiday
44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay
45 to the critical path in the approved schedule.
46 a. No additional cost for such work will be considered.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
013216-3
CONSTRUCTION PROGRESS SCHEDULE
Page 3 of 5
1 D. The Contract completion time will be adjusted only for causes specified in this
2 Contract.
3
a. Requests for an extension of any Contract completion date must be
4
supplemented with the following:
5
1) Furnish justification and supporting evidence as the City may deem
6
necessary to determine whether the requested extension of time is entitled
7
under the provisions of this Contract.
8
a) The City will, after receipt of such justification and supporting
9
evidence, make findings of fact and will advise the Contractor, in
10
writing thereof.
11
2) If the City finds that the requested extension of time is entitled, the City's
12
determination as to the total number of days allowed for the extensions
13
shall be based upon the approved total baseline schedule and on all data
14
relevant to the extension.
15
a) Such data shall be included in the next updating of the Progress
16
schedule.
17
b) Actual delays in activities which, according to the Baseline schedule,
18
do not affect any Contract completion date shown by the critical path in
19
the network will not be the basis for a change therein.
20 2. Submit each request for change in Contract completion date to the City within 30
21 days after the beginning of the delay for which a time extension is requested but
22 before the date of final payment under this Contract.
23 a. No time extension will be granted for requests which are not submitted within
24 the foregoing time limit.
25 b. From time to time, it may be necessary for the Contract schedule or completion
26 time to be adjusted by the City to reflect the effects of job conditions, weather,
27 technical difficulties, strikes, unavoidable delays on the part of the City or its
28 representatives, and other unforeseeable conditions which may indicate
29 schedule adjustments or completion time extensions.
30 1) Under such conditions, the City will direct the Contractor to reschedule the
31 work or Contract completion time to reflect the changed conditions and the
32 Contractor shall revise his schedule accordingly.
33 a) No additional compensation will be made to the Contractor for such
34 schedule changes except for unavoidable overall contract time
35 extensions beyond the actual completion of unaffected work, in which
36 case the Contractor shall take all possible action to minimize any time
37 extension and any additional cost to the City.
38 b) Available float time in the Baseline schedule may be used by the City
39 as well as by the Contractor.
40 3. Float or slack time is defined as the amount of time between the earliest start date
41 and the latest start date or between the earliest finish date and the latest finish date
42 of a chain of activities on the Baseline Schedule.
43 a. Float or slack time is not for the exclusive use or benefit of either the
44 Contractor or the City.
45 b. Proceed with work according to early start dates, and the City shall have the
46 right to reserve and apportion float time according to the needs of the project.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 32 16 - 4
CONSTRUCTION PROGRESS SCHEDULE
Page 4 of 5
1 c. Acknowledge and agree that actual delays, affecting paths of activities
2 containing float time, will not have any effect upon contract completion times,
3 providing that the actual delay does not exceed the float time associated with
4 those activities.
5 E. Coordinating Schedule with Other Contract Schedules
6 1. Where work is to be performed under this Contract concurrently with or contingent
7 upon work performed on the same facilities or area under other contracts, the
8 Baseline Schedule shall be coordinated with the schedules of the other contracts.
9 a. Obtain the schedules of the other appropriate contracts from the City for the
10 preparation and updating of Baseline schedule and make the required changes
11 in his schedule when indicated by changes in corresponding schedules.
12 2. In case of interference between the operations of different contractors, the City will
13 determine the work priority of each contractor and the sequence of work necessary
14 to expedite the completion of the entire Project.
15 a. In such cases, the decision of the City shall be accepted as final.
16 b. The temporary delay of any work due to such circumstances shall not be
17 considered as justification for claims for additional compensation.
18 1.5 SUBMITTALS
19
A. Baseline Schedule
20
1.
Submit Schedule in native file format and pdf format as required in the City of Fort
21
Worth Schedule Guidance Document.
22
a. Native file format includes:
23
1) Primavera (P6 or Primavera Contractor)
24
2.
Submit draft baseline Schedule to City prior to the pre -construction meeting and
25
bring in hard copy to the meeting for review and discussion.
26
B. Progress Schedule
27
1.
Submit progress Schedule in native file format and pdf format as required in the
28
City of Fort Worth Schedule Guidance Document.
29
2.
Submit progress Schedule monthly no later than the last day of the month.
30
C. Schedule Narrative
31
1.
Submit the schedule narrative in pdf format as required in the City of Fort Worth
32
Schedule Guidance Document.
33
2.
Submit schedule narrative monthly no later than the last day of the month.
34
D. Submittal Process
35
1.
The City administers and manages schedules through Buzzsaw.
36
2.
Contractor shall submit documents as required in the City of Fort Worth Schedule
37
Guidance Document.
38
3.
Once the project has been completed and Final Acceptance has been issued by the
39
City, no further progress schedules are required.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
013216-5
CONSTRUCTION PROGRESS SCHEDULE
Page 5 of 5
1
1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
2
1.7
CLOSEOUT SUBMITTALS [NOT USED]
3
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
4
1.9
QUALITY ASSURANCE
5
A. The person preparing and revising the construction Progress Schedule shall be
6
experienced in the preparation of schedules of similar complexity.
7
B. Schedule and supporting documents addressed in this Specification shall be prepared,
8
updated and revised to accurately reflect the performance of the construction.
9
C. Contractor is responsible for the quality of all submittals in this section meeting the
10
standard of care for the construction industry for similar projects.
11
1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
12
1.11
FIELD [SITE] CONDITIONS [NOT USED]
13
1.12
WARRANTY [NOT USED]
14 PART 2 - PRODUCTS [NOT USED]
15 PART 3 - EXECUTION [NOT USED]
16
M
18
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0132 33
PRECONSTRUCTION VIDEO
01 32 33 - 1
PRECONSTRUCTION VIDEO
Page 1 of 2
5 A. Section Includes:
6 1. Administrative and procedural requirements for:
7 a. Preconstruction Videos
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 C. Related Specification Sections include, but are not necessarily limited to:
11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1 — General Requirements
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19 A. Preconstruction Video
20 1. Produce a preconstruction video of the site/alignment, including all areas in the
21 vicinity of and to be affected by construction.
22 a. Provide digital copy of video upon request by the City.
23 2. Retain a copy of the preconstruction video until the end of the maintenance surety
24 period.
25 1.5 SUBMITTALS [NOT USED]
26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29 1.9 QUALITY ASSURANCE [NOT USED]
30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
31 1.11 FIELD [SITE] CONDITIONS [NOT USED]
32 1.12 WARRANTY [NOT USED]
33 PART 2 - PRODUCTS [NOT USED]
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 32 33 - 2
PRECONSTRUCTION VIDEO
Page 2 of 2
PART 3 - EXECUTION [NOT USED]
INei 1XI]anx10Y[130
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0133 00
SUBMITTALS
013300-1
SUBMITTALS
Pagel of 8
5 A. Section Includes:
6 1. General methods and requirements of submissions applicable to the following
7 Work -related submittals:
8 a. Shop Drawings
9 b. Product Data (including Standard Product List submittals)
10 c. Samples
11 d. Mock Ups
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 — General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. Coordination
24 1. Notify the City in writing, at the time of submittal, of any deviations in the
25 submittals from the requirements of the Contract Documents.
26 2. Coordination of Submittal Times
27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of
28 performing the related Work or other applicable activities, or within the time
29 specified in the individual Work Sections, of the Specifications.
30 b. Contractor is responsible such that the installation will not be delayed by
31 processing times including, but not limited to:
32 a) Disapproval and resubmittal (if required)
33 b) Coordination with other submittals
34 c) Testing
35 d) Purchasing
36 e) Fabrication
37 f) Delivery
38 g) Similar sequenced activities
39 c. No extension of time will be authorized because of the Contractor's failure to
40 transmit submittals sufficiently in advance of the Work.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
013300-2
SUBMITTALS
Page 2 of 8
1 d. Make submittals promptly in accordance with approved schedule, and in such
2 sequence as to cause no delay in the Work or in the work of any other
3 contractor.
4 B. Submittal Numbering
5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-
6 reference identification numbering system in the following manner:
7 a. Use the first 6 digits of the applicable Specification Section Number.
8 b. For the next 2 digits number use numbers 01-99 to sequentially number each
9 initial separate item or drawing submitted under each specific Section number.
10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e.
11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical
12 submittal number would be as follows:
13
14 03 30 00-08-B
15
16 1) 03 30 00 is the Specification Section for Concrete
17 2) 08 is the eighth initial submittal under this Specification Section
18 3) B is the third submission (second resubmission) of that particular shop
19 drawing
20 C. Contractor Certification
21 1. Review shop drawings, product data and samples, including those by
22 subcontractors, prior to submission to determine and verify the following:
23 a. Field measurements
24 b. Field construction criteria
25 c. Catalog numbers and similar data
26 d. Conformance with the Contract Documents
27 2. Provide each shop drawing, sample and product data submitted by the Contractor
28 with a Certification Statement affixed including:
29 a. The Contractor's Company name
30 b. Signature of submittal reviewer
31 c. Certification Statement
32 1) `By this submittal, I hereby represent that I have determined and verified
33 field measurements, field construction criteria, materials, dimensions,
34 catalog numbers and similar data and I have checked and coordinated each
35 item with other applicable approved shop drawings."
36 D. Submittal Format
37 1. Fold shop drawings larger than 8 1/2 inches x 11 inches to 8 1/2 inches x 11inches.
38 2. Bind shop drawings and product data sheets together.
39 3. Order
40 a. Cover Sheet
41 1) Description of Packet
42 2) Contractor Certification
43 b. List of items / Table of Contents
44 c. Product Data /Shop Drawings/Samples /Calculations
45 E. Submittal Content
46 1. The date of submission and the dates of any previous submissions
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
013300-3
SUBMITTALS
Page 3 of 8
1
2.
The Project title and number
2
3.
Contractor identification
3
4.
The names of-
4
a. Contractor
5
b. Supplier
6
c. Manufacturer
7
5.
Identification of the product, with the Specification Section number, page and
8
paragraph(s)
9
6.
Field dimensions, clearly identified as such
10
7.
Relation to adjacent or critical features of the Work or materials
11
8.
Applicable standards, such as ASTM or Federal Specification numbers
12
9.
Identification by highlighting of deviations from Contract Documents
13
10.
Identification by highlighting of revisions on resubmittals
14
11. An 8-inch x 3-inch blank space for Contractor and City stamps
15
F. Shop Drawings
16
1.
As specified in individual Work Sections includes, but is not necessarily limited to:
17
a. Custom -prepared data such as fabrication and erection/installation (working)
18
drawings
19
b. Scheduled information
20
c. Setting diagrams
21
d. Actual shopwork manufacturing instructions
22
e. Custom templates
23
f. Special wiring diagrams
24
g. Coordination drawings
25
h. Individual system or equipment inspection and test reports including:
26
1) Performance curves and certifications
27
i. As applicable to the Work
28
2.
Details
29
a. Relation of the various parts to the main members and lines of the structure
30
b. Where correct fabrication of the Work depends upon field measurements
31
1) Provide such measurements and note on the drawings prior to submitting
32
for approval.
33
G. Product Data
34
1.
For submittals of product data for products included on the City's Standard Product
35
List, clearly identify each item selected for use on the Project.
36
2.
For submittals of product data for products not included on the City's Standard
37
Product List, submittal data may include, but is not necessarily limited to:
38
a. Standard prepared data for manufactured products (sometimes referred to as
39
catalog data)
40
1) Such as the manufacturer's product specification and installation
41
instructions
42
2) Availability of colors and patterns
43
3) Manufacturer's printed statements of compliances and applicability
44
4) Roughing -in diagrams and templates
45
5) Catalog cuts
46
6) Product photographs
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
01 33 00 - 4
SUBMITTALS
Page 4 of 8
1 7) Standard wiring diagrams
2 8) Printed performance curves and operational -range diagrams
3 9) Production or quality control inspection and test reports and certifications
4 10) Mill reports
5 11) Product operating and maintenance instructions and recommended
6 spare -parts listing and printed product warranties
7 12) As applicable to the Work
8 H. Samples
9 1. As specified in individual Sections, include, but are not necessarily limited to:
10 a. Physical examples of the Work such as:
11 1) Sections of manufactured or fabricated Work
12 2) Small cuts or containers of materials
13 3) Complete units of repetitively used products color/texture/pattern swatches
14 and range sets
15 4) Specimens for coordination of visual effect
16 5) Graphic symbols and units of Work to be used by the City for independent
17 inspection and testing, as applicable to the Work
18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to
19 be fabricated or installed prior to the approval or qualified approval of such item.
20 1. Fabrication performed, materials purchased or on -site construction accomplished
21 which does not conform to approved shop drawings and data is at the Contractor's
22 risk.
23 2. The City will not be liable for any expense or delay due to corrections or remedies
24 required to accomplish conformity.
25 3. Complete project Work, materials, fabrication, and installations in conformance
26 with approved shop drawings, applicable samples, and product data.
27 J. Submittal Distribution
28 1. Electronic Distribution
29 a. Confirm development of Project directory for electronic submittals to be
30 uploaded to City's Buzzsaw site, or another external FTP site approved by the
31 City.
32 b. Shop Drawings
33 1) Upload submittal to designated project directory and notify appropriate
34 City representatives via email of submittal posting.
35 2) Hard Copies
36 a) 3 copies for all submittals
37 b) If Contractor requires more than 1 hard copy of Shop Drawings
38 returned, Contractor shall submit more than the number of copies listed
39 above.
40 c. Product Data
41 1) Upload submittal to designated project directory and notify appropriate
42 City representatives via email of submittal posting.
43 2) Hard Copies
44 a) 3 copies for all submittals
45 d. Samples
46 1) Distributed to the Project Representative
47 2. Hard Copy Distribution (if required in lieu of electronic distribution)
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
1
2
3
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5
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013300-5
SUBMITTALS
Page 5 of 8
a. Shop Drawings
1) Distributed to the City
2) Copies
a) 8 copies for mechanical submittals
b) 7 copies for all other submittals
c) If Contractor requires more than 3 copies of Shop Drawings returned,
Contractor shall submit more than the number of copies listed above.
b. Product Data
1) Distributed to the City
2) Copies
a) 4 copies
c. Samples
1) Distributed to the Project Representative
2) Copies
a) Submit the number stated in the respective Specification Sections.
3. Distribute reproductions of approved shop drawings and copies of approved
product data and samples, where required, to the job site file and elsewhere as
directed by the City.
a. Provide number of copies as directed by the City but not exceeding the number
previously specified.
K. Submittal Review
1. The review of shop drawings, data and samples will be for general conformance
with the design concept and Contract Documents. This is not to be construed as:
a. Permitting any departure from the Contract requirements
b. Relieving the Contractor of responsibility for any errors, including details,
dimensions, and materials
c. Approving departures from details furnished by the City, except as otherwise
provided herein
2. The review and approval of shop drawings, samples or product data by the City
does not relieve the Contractor from his/her responsibility with regard to the
fulfillment of the terms of the Contract.
a. All risks of error and omission are assumed by the Contractor, and the City will
have no responsibility therefore.
3. The Contractor remains responsible for details and accuracy, for coordinating the
Work with all other associated work and trades, for selecting fabrication processes,
for techniques of assembly and for performing Work in a safe manner.
4. If the shop drawings, data or samples as submitted describe variations and show a
departure from the Contract requirements which City finds to be in the interest of
the City and to be so minor as not to involve a change in Contract Price or time for
performance, the City may return the reviewed drawings without noting an
exception.
5. Submittals will be returned to the Contractor under 1 of the following codes:
a. Code 1
1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or
comments on the submittal.
a) When returned under this code the Contractor may release the
equipment and/or material for manufacture.
b. Code 2
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
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013300-6
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Page 6 of 8
1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of
the notations and comments IS NOT required by the Contractor.
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
final product.
c. Code 3
1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is
assigned when notations and comments are extensive enough to require a
resubmittal of the package.
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
final product.
b) This resubmittal is to address all comments, omissions and
non -conforming items that were noted.
c) Resubmittal is to be received by the City within 15 Calendar Days of
the date of the City's transmittal requiring the resubmittal.
d. Code 4
1) "NOT APPROVED" is assigned when the submittal does not meet the
intent of the Contract Documents.
a) The Contractor must resubmit the entire package revised to bring the
submittal into conformance.
b) It may be necessary to resubmit using a different manufacturer/vendor
to meet the Contract Documents.
6. Resubmittals
a. Handled in the same manner as first submittals
1) Corrections other than requested by the City
2) Marked with revision triangle or other similar method
a) At Contractor's risk if not marked
b. Submittals for each item will be reviewed no more than twice at the City's
expense.
1) All subsequent reviews will be performed at times convenient to the City
and at the Contractor's expense, based on the City's or City
Representative's then prevailing rates.
2) Provide Contractor reimbursement to the City within 30 Calendar Days for
all such fees invoiced by the City.
c. The need for more than 1 resubmission or any other delay in obtaining City's
review of submittals, will not entitle the Contractor to an extension of Contract
Time.
7. Partial Submittals
a. City reserves the right to not review submittals deemed partial, at the City's
discretion.
b. Submittals deemed by the City to be not complete will be returned to the
Contractor, and will be considered "Not Approved" until resubmitted.
c. The City may at its option provide a list or mark the submittal directing the
Contractor to the areas that are incomplete.
8. If the Contractor considers any correction indicated on the shop drawings to
constitute a change to the Contract Documents, then written notice must be
provided thereof to the City at least 7 Calendar Days prior to release for
manufacture.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
013300-7
SUBMITTALS
Page 7 of 8
1 9. When the shop drawings have been completed to the satisfaction of the City, the
2 Contractor may carry out the construction in accordance therewith and no further
3 changes therein except upon written instructions from the City.
4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days
5 following receipt of submittal by the City.
6 L. Mock ups
7 1. Mock Up units as specified in individual Sections, include, but are not necessarily
8 limited to, complete units of the standard of acceptance for that type of Work to be
9 used on the Project. Remove at the completion of the Work or when directed.
10 M. Qualifications
11 1. If specifically required in other Sections of these Specifications, submit a P.E.
12 Certification for each item required.
13
N. Request for Information (RFI)
14
1.
Contractor Request for additional information
15
a. Clarification or interpretation of the contract documents
16
b. When the Contractor believes there is a conflict between Contract Documents
17
c. When the Contractor believes there is a conflict between the Drawings and
18
Specifications
19
1) Identify the conflict and request clarification
20
2.
Use the Request for Information (RFI) form provided by the City.
21
3.
Numbering of RFI
22
a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and
23
increasing sequentially with each additional transmittal.
24
4.
Sufficient information shall be attached to permit a written response without further
25
information.
26
5.
The City will log each request and will review the request.
27
a. If review of the project information request indicates that a change to the
28
Contract Documents is required, the City will issue a Field Order or Change
29
Order, as appropriate.
30 1.5 SUBMITTALS [NOT USED]
31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
32 1.7 CLOSEOUT SUBMITTALS [NOT USED]
33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
34 1.9 QUALITY ASSURANCE [NOT USED]
35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
36 1.11 FIELD [SITE] CONDITIONS [NOT USED]
37 1.12 WARRANTY [NOT USED]
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
013300-8
SUBMITTALS
Page 8 of 8
1 PART 2 - PRODUCTS [NOT USED]
2 PART 3 - EXECUTION [NOT USED]
3 END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
12/20/2012
D. Johnson
1.4.K.8. Working Days modified to Calendar Days
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
0135 13- 1
SPECIAL PROJECT PROCEDURES
Pagel of 8
1 SECTION 0135 13
2 SPECIAL PROJECT PROCEDURES
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedures for special project circumstances that includes, but is not limited to:
7 a. Coordination with the Texas Department of Transportation
8 b. Work near High Voltage Lines
9 c. Confined Space Entry Program
10 d. Air Pollution Watch Days
11 e. Use of Explosives, Drop Weight, Etc.
12 f. Water Department Notification
13 g. Public Notification Prior to Beginning Construction
14 h. Coordination with United States Army Corps of Engineers
15 i. Coordination within Railroad permits areas
16 j. Dust Control
17 k. Employee Parking
18 1. {Coordination with North Central Texas Council of Governments Clean
19 Construction Specification [remove if not required]}
20 B. Deviations from this City of Fort Worth Standard Specification
21 1. None.
22 C. Related Specification Sections include, but are not necessarily limited to:
23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
24 2. Division 1 — General Requirements
25 3. Section 33 12 25 — Connection to Existing Water Mains
26 1.2 PRICE AND PAYMENT PROCEDURES
27 A. Measurement and Payment
28 1. Coordination within Railroad permit areas
29 a. Measurement
30 1) Measurement for this Item will be by lump sum.
31 b. Payment
32 1) The work performed and materials furnished in accordance with this Item
33 will be paid for at the lump sum price bid for Railroad Coordination.
34 c. The price bid shall include:
35 1) Mobilization
36 2) Inspection
37 3) Safety training
38 4) Additional Insurance
39 5) Insurance Certificates
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
013513-2
SPECIAL PROJECT PROCEDURES
Page 2 of 8
1 6) Other requirements associated with general coordination with Railroad,
2 including additional employees required to protect the right-of-way and
3 property of the Railroad from damage arising out of and/or from the
4 construction of the Project.
5 2. Railroad Flagmen
6 a. Measurement
7 1) Measurement for this Item will be per working day.
8 b. Payment
9 1) The work performed and materials furnished in accordance with this Item
10 will be paid for each working day that Railroad Flagmen are present at the
11 Site.
12 c. The price bid shall include:
13 1) Coordination for scheduling flagmen
14 2) Flagmen
15 3) Other requirements associated with Railroad
16 3. All other items
17 a. Work associated with these Items is considered subsidiary to the various Items
18 bid. No separate payment will be allowed for this Item.
19 1.3 REFERENCES
20 A. Reference Standards
21 1. Reference standards cited in this Specification refer to the current reference
22 standard published at the time of the latest revision date logged at the end of this
23 Specification, unless a date is specifically cited.
24 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752.
25 High Voltage Overhead Lines.
26 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction
27 Specification
28 1.4 ADMINISTRATIVE REQUIREMENTS
29 A. Coordination with the Texas Department of Transportation
30 1. When work in the right-of-way which is under the jurisdiction of the Texas
31 Department of Transportation (TxDOT):
32 a. Notify the Texas Department of Transportation prior to commencing any work
33 therein in accordance with the provisions of the permit
34 b. All work performed in the TxDOT right-of-way shall be performed in
35 compliance with and subject to approval from the Texas Department of
36 Transportation
37 B. Work near High Voltage Lines
38 1. Regulatory Requirements
39 a. All Work near High Voltage Lines (more than 600 volts measured between
40 conductors or between a conductor and the ground) shall be in accordance with
41 Health and Safety Code, Title 9, Subtitle A, Chapter 752.
42 2. Warning sign
43 a. Provide sign of sufficient size meeting all OSHA requirements.
44 3. Equipment operating within 10 feet of high voltage lines will require the following
45 safety features
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
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013513-3
SPECIAL PROJECT PROCEDURES
Page 3 of 8
a. Insulating cage -type of guard about the boom or arm
b. Insulator links on the lift hook connections for back hoes or dippers
c. Equipment must meet the safety requirements as set forth by OSHA and the
safety requirements of the owner of the high voltage lines
4. Work within 6 feet of high voltage electric lines
a. Notification shall be given to:
1) The power company (example: ONCOR)
a) Maintain an accurate log of all such calls to power company and record
action taken in each case.
b. Coordination with power company
1) After notification coordinate with the power company to:
a) Erect temporary mechanical barriers, de -energize the lines, or raise or
lower the lines
c. No personnel may work within 6 feet of a high voltage line before the above
requirements have been met.
C. Confined Space Entry Program
1. Provide and follow approved Confined Space Entry Program in accordance with
OSHA requirements.
2. Confined Spaces include:
a. Manholes
b. All other confined spaces in accordance with OSHA's Permit Required for
Confined Spaces
D. Air Pollution Watch Days
1. General
a. Observe the following guidelines relating to working on City construction sites
on days designated as "AIR POLLUTION WATCH DAYS".
b. Typical Ozone Season
1) May 1 through October 31.
c. Critical Emission Time
1) 6:00 a.m. to 10:00 a.m.
2. Watch Days
a. 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.
b. Requirements
1) Begin work after 10:00 a.m. whenever construction phasing requires the
use of motorized equipment for periods in excess of 1 hour.
2) However, the Contractor may begin work prior to 10:00 a.m. if.
a) Use of motorized equipment is less than 1 hour, or
b) 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.
E. TCEQ Air Permit
1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ.
F. Use of Explosives, Drop Weight, Etc.
1. When Contract Documents permit on the project the following will apply:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
0135 13-4
SPECIAL PROJECT PROCEDURES
Page 4 of 8
1 a. Public Notification
2 1) Submit notice to City and proof of adequate insurance coverage, 24 hours
3 prior to commencing.
4 2) Minimum 24 hour public notification in accordance with Section 0131 13
5 G. Water Department Coordination
6 1. During the construction of this project, it will be necessary to deactivate, for a
7 period of time, existing lines. The Contractor shall be required to coordinate with
8 the Water Department to determine the best times for deactivating and activating
9 those lines.
10 2. Coordinate any event that will require connecting to or the operation of an existing
11 City water line system with the City's representative.
12 a. Coordination shall be in accordance with Section 33 12 25.
13 b. If needed, obtain a hydrant water meter from the Water Department for use
14 during the life of named project.
15 c. In the event that a water valve on an existing live system be turned off and on
16 to accommodate the construction of the project is required, coordinate this
17 activity through the appropriate City representative.
18 1) Do not operate water line valves of existing water system.
19 a) Failure to comply will render the Contractor in violation of Texas Penal
20 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor
21 will be prosecuted to the full extent of the law.
22 b) In addition, the Contractor will assume all liabilities and
23 responsibilities as a result of these actions.
24 H. Public Notification Prior to Beginning Construction
25 1. Prior to beginning construction on any block in the project, on a block by block
26 basis, prepare and deliver a notice or flyer of the pending construction to the front
27 door of each residence or business that will be impacted by construction. The notice
28 shall be prepared as follows:
29 a. Post notice or flyer 7 days prior to beginning any construction activity on each
30 block in the project area.
31 1) Prepare flyer on the Contractor's letterhead and include the following
32 information:
33
a) Name of Project
34
b) City Project No (CPN)
35
c) Scope of Project (i.e. type of construction activity)
36
d) Actual construction duration within the block
37
e) Name of the contractor's foreman and phone number
38
f) Name of the City's inspector and phone number
39
g) City's after-hours phone number
40
2) A sample of the `pre -construction notification' flyer is attached as Exhibit
41
A.
42
3) Submit schedule showing the construction start and finish time for each
43
block of the project to the inspector.
44
4) Deliver flyer to the City Inspector for review prior to distribution.
45
b. No construction will be allowed to begin on any block until the flyer is
46
delivered to all residents of the block.
47 I. Public Notification of Temporary Water Service Interruption during Construction
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
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01 35 13-5
SPECIAL PROJECT PROCEDURES
Page 5 of 8
1. In the event it becomes necessary to temporarily shut down water service to
residents or businesses during construction, prepare and deliver a notice or flyer of
the pending interruption to the front door of each affected resident.
2. Prepared notice as follows:
a. The notification or flyer shall be posted 24 hours prior to the temporary
interruption.
b. Prepare flyer on the contractor's letterhead and include the following
information:
1) Name of the project
2) City Project Number
3) Date of the interruption of service
4) Period the interruption will take place
5) Name of the contractor's foreman and phone number
6) Name of the City's inspector and phone number
c. A sample of the temporary water service interruption notification is attached as
Exhibit B.
d. Deliver a copy of the temporary interruption notification to the City inspector
for review prior to being distributed.
e. No interruption of water service can occur until the flyer has been delivered to
all affected residents and businesses.
f. Electronic versions of the sample flyers can be obtained from the Project
Construction Inspector.
J. Coordination with United States Army Corps of Engineers (USACE)
1. At locations in the Project where construction activities occur in areas where
USACE permits are required, meet all requirements set forth in each designated
permit.
K. Coordination within Railroad Permit Areas
1. At locations in the project where construction activities occur in areas where
railroad permits are required, meet all requirements set forth in each designated
railroad permit. This includes, but is not limited to, provisions for:
a. Flagmen
b. Inspectors
c. Safety training
d. Additional insurance
e. Insurance certificates
f. Other employees required to protect the right-of-way and property of the
Railroad Company from damage arising out of and/or from the construction of
the project. Proper utility clearance procedures shall be used in accordance
with the permit guidelines.
2. Obtain any supplemental information needed to comply with the railroad's
requirements.
3. Railroad Flagmen
a. Submit receipts to City for verification of working days that railroad flagmen
were present on Site.
L. Dust Control
1. Use acceptable measures to control dust at the Site.
a. If water is used to control dust, capture and properly dispose of waste water.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
013513-6
SPECIAL PROJECT PROCEDURES
Page 6 of 8
1 b. If wet saw cutting is performed, capture and properly dispose of slurry.
2 M. Employee Parking
3 1. Provide parking for employees at locations approved by the City.
4 N. }Coordination with North Central Texas Council of Governments (NCTCOG) Clean
5 Construction Specification
6 1. Comply with equipment, operational, reporting and enforcement requirements set
7 forth in NCTCOG's Clean Construction Specification.}
8 1.5 SUBMITTALS [NOT USED]
9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
10 1.7 CLOSEOUT SUBMITTALS [NOT USED]
11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
12 1.9 QUALITY ASSURANCE [NOT USED]
13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
14 1.11 FIELD [SITE] CONDITIONS [NOT USED]
15 1.12 WARRANTY [NOT USED]
16 PART 2 - PRODUCTS [NOT USED]
17 PART 3 - EXECUTION [NOT USED]
18
19
20
END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
8/31/2012
D. Johnson
1.4.B — Added requirement of compliance with Health and Safety Code, Title 9.
Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines.
1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
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013513-7
SPECIAL PROJECT PROCEDURES
Page 7 of 8
EXHIBIT A
(To be printed on Contractor's Letterhead)
Date:
CPN No.:
Project Name:
Mapsco Location:
Limits of Construction:
THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT
WORTH, OUR COMPANY WILL WORK ON UTILITY LINES 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 (817) 392 8306
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
1
W
3
4
0135 13 -8
SPECIAL PROJECT PROCEDURES
Page 8 of 8
EXHIBIT B
FORT WORTH
Daft,
DOE NO. XXXX
Project Dame:
NOTICE OF TEMPORARY WATER SERVICE
INTERRUPTION
DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR
WATER SERVICE WILL BE INTERRUPTED ON
BETWEEN THE HOURS OF AND
IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL:
MR. AT
(CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER)
OR
MR.
(CITY INSPECTOR)
AT
(TELEPHONE NUMBER)
THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE.
THANK YOU,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
CONTRACTOR
Candleridge Park Erosion Control Improvements
Project No. CO2717
014523-1
TESTING AND INSPECTION SERVICES
Page 1 of 2
1 SECTION 0145 23
2 TESTING AND INSPECTION SERVICES
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Testing and inspection services procedures and coordination
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 — General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid.
15 No separate payment will be allowed for this Item.
16 a. Contractor is responsible for performing, coordinating, and payment of all
17 Quality Control testing.
18 b. City is responsible for performing and payment for first set of Quality
19 Assurance testing.
20 1) If the first Quality Assurance test performed by the City fails, the
21 Contractor is responsible for payment of subsequent Quality Assurance
22 testing until a passing test occurs.
23 a) Final acceptance will not be issued by City until all required payments
24 for testing by Contractor have been paid in full.
25 1.3 REFERENCES [NOT USED]
26 1.4 ADMINISTRATIVE REQUIREMENTS
27 A. Testing
28 1. Complete testing in accordance with the Contract Documents.
29 2. Coordination
30 a. When testing is required to be performed by the City, notify City, sufficiently
31 in advance, when testing is needed.
32 b. When testing is required to be completed by the Contractor, notify City,
33 sufficiently in advance, that testing will be performed.
34 3. Distribution of Testing Reports
35 a. Electronic Distribution
36 1) Confirm development of Project directory for electronic submittals to be
37 uploaded to City's Buzzsaw site, or another external FTP site approved by
38 the City.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
014523-2
TESTING AND INSPECTION SERVICES
Page 2 of 2
1 2) Upload test reports to designated project directory and notify appropriate
2 City representatives via email of submittal posting.
3 3) Hard Copies
4 a) 1 copy for all submittals submitted to the Project Representative
5 b. Hard Copy Distribution (if required in lieu of electronic distribution)
6 1) Tests performed by City
7 a) Distribute 1 hard copy to the Contractor
8 2) Tests performed by the Contractor
9 a) Distribute 3 hard copies to City's Project Representative
10 4. Provide City's Project Representative with trip tickets for each delivered load of
11 Concrete or Lime material including the following information:
12 a. Name of pit
13 b. Date of delivery
14 c. Material delivered
15 B. Inspection
16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to
17 perform work in accordance with the Contract Documents.
18 1.5 SUBMITTALS [NOT USED]
19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
20 1.7 CLOSEOUT SUBMITTALS [NOT USED]
21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
22 1.9 QUALITY ASSURANCE [NOT USED]
23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
24
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2S
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1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
01 50 00 - 1
TEMPORARY FACILITIES AND CONTROLS
Page 1 of 4
1 SECTION 0150 00
2 TEMPORARY FACILITIES AND CONTROLS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provide temporary facilities and controls needed for the Work including, but not
7 necessarily limited to:
8 a. Temporary utilities
9 b. Sanitary facilities
10 c. Storage Sheds and Buildings
11 d. Dust control
12 e. Temporary fencing of the construction site
13 B. Deviations from this City of Fort Worth Standard Specification
14 1. None.
15 C. Related Specification Sections include, but are not necessarily limited to:
16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
17 2. Division 1 — General Requirements
18 1.2 PRICE AND PAYMENT PROCEDURES
19 A. Measurement and Payment
20 1. Work associated with this Item is considered subsidiary to the various Items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS
24 A. Temporary Utilities
25 1. Obtaining Temporary Service
26 a. Make arrangements with utility service companies for temporary services.
27 b. Abide by rules and regulations of utility service companies or authorities
28 having jurisdiction.
29 c. Be responsible for utility service costs until Work is approved for Final
30 Acceptance.
31 1) Included are fuel, power, light, heat and other utility services necessary for
32 execution, completion, testing and initial operation of Work.
33 2. Water
34 a. Contractor to provide water required for and in connection with Work to be
35 performed and for specified tests of piping, equipment, devices or other use as
36 required for the completion of the Work.
37 b. Provide and maintain adequate supply of potable water for domestic
38 consumption by Contractor personnel and City's Project Representatives.
39 c. Coordination
40 1) Contact City 1 week before water for construction is desired
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
015000-2
TEMPORARY FACILITIES AND CONTROLS
Page 2 of 4
1
d. Contractor Payment for Construction Water
2
1) Obtain construction water meter from City for payment as billed by City's
3
established rates.
4
3.
Electricity and Lighting
5
a. Provide and pay for electric powered service as required for Work, including
6
testing of Work.
7
1) Provide power for lighting, operation of equipment, or other use.
8
b. Electric power service includes temporary power service or generator to
9
maintain operations during scheduled shutdown.
10
4.
Telephone
11
a. Provide emergency telephone service at Site for use by Contractor personnel
12
and others performing work or furnishing services at Site.
13
5.
Temporary Heat and Ventilation
14
a. Provide temporary heat as necessary for protection or completion of Work.
15
b. Provide temporary heat and ventilation to assure safe working conditions.
16
B. Sanitary Facilities
17
1.
Provide and maintain sanitary facilities for persons on Site.
18
a. Comply with regulations of State and local departments of health.
19
2.
Enforce use of sanitary facilities by construction personnel at job site.
20
a. Enclose and anchor sanitary facilities.
21
b. No discharge will be allowed from these facilities.
22
c. Collect and store sewage and waste so as not to cause nuisance or health
23
problem.
24
d. Haul sewage and waste off -site at no less than weekly intervals and properly
25
dispose in accordance with applicable regulation.
26
3.
Locate facilities near Work Site and keep clean and maintained throughout Project.
27
4.
Remove facilities at completion of Project
28
C. Storage Sheds and Buildings
29
1.
Provide adequately ventilated, watertight, weatherproof storage facilities with floor
30
above ground level for materials and equipment susceptible to weather damage.
31
2.
Storage of materials not susceptible to weather damage may be on blocks off
32
ground.
33
3.
Store materials in a neat and orderly manner.
34
a. Place materials and equipment to permit easy access for identification,
35
inspection and inventory.
36
4.
Equip building with lockable doors and lighting, and provide electrical service for
37
equipment space heaters and heating or ventilation as necessary to provide storage
38
environments acceptable to specified manufacturers.
39
5.
Fill and grade site for temporary structures to provide drainage away from
40
temporary and existing buildings.
41
6.
Remove building from site prior to Final Acceptance.
42
D. Temporary Fencing
43
1.
Provide and maintain for the duration or construction when required in contract
44
documents
45
E. Dust
Control
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
015000-3
TEMPORARY FACILITIES AND CONTROLS
Page 3 of 4
1 1. Contractor is responsible for maintaining dust control through the duration of the
2 project.
3 a. Contractor remains on -call at all times
4 b. Must respond in a timely manner
5 F. Temporary Protection of Construction
6 1. Contractor or subcontractors are responsible for protecting Work from damage due
7 to weather.
8 1.5 SUBMITTALS [NOT USED]
9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
10 1.7 CLOSEOUT SUBMITTALS [NOT USED]
11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
12 1.9 QUALITY ASSURANCE [NOT USED]
13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
14 1.11 FIELD [SITE] CONDITIONS [NOT USED]
15 1.12 WARRANTY [NOT USED]
16 PART 2 - PRODUCTS [NOT USED]
17 PART 3 - EXECUTION [NOT USED]
18 3.1 INSTALLERS [NOT USED]
19 3.2 EXAMINATION [NOT USED]
20 3.3 PREPARATION [NOT USED]
21 3.4 INSTALLATION
22 A. Temporary Facilities
23 1. Maintain all temporary facilities for duration of construction activities as needed.
24 3.5 [REPAIR] / [RESTORATION]
25 3.6 RE -INSTALLATION
26
3.7
FIELD [OR] SITE QUALITY CONTROL [NOT USED]
27
3.8
SYSTEM STARTUP [NOT USED]
28
3.9
ADJUSTING [NOT USED]
29
3.10
CLEANING [NOT USED]
30
3.11
CLOSEOUT ACTIVITIES
31 A. Temporary Facilities
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 50 00 - 4
TEMPORARY FACILITIES AND CONTROLS
Page 4 of 4
1 1. Remove all temporary facilities and restore area after completion of the Work, to a
2 condition equal to or better than prior to start of Work.
3 3.12 PROTECTION [NOT USED]
4 3.13 MAINTENANCE [NOT USED]
5 3.14 ATTACHMENTS [NOT USED]
6
7
8
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 55 26 - 1
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Pagel of 3
1 SECTION 0155 26
2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Administrative procedures for:
7 a. Street Use Permit
8 b. Modification of approved traffic control
9 c. Removal of Street Signs
10 B. Deviations from this City of Fort Worth Standard Specification
11 1. None.
12 C. Related Specification Sections include, but are not necessarily limited to:
13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1 — General Requirements
15 3. Section 34 71 13 — Traffic Control
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES
21 A. Reference Standards
22 1. Reference standards cited in this specification refer to the current reference standard
23 published at the time of the latest revision date logged at the end of this
24 specification, unless a date is specifically cited.
25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
26 1.4 ADMINISTRATIVE REQUIREMENTS
27 A. Traffic Control
28 1. General
29 a. When traffic control plans are included in the Drawings, provide Traffic
30 Control in accordance with Drawings and Section 34 71 13.
31 b. When traffic control plans are not included in the Drawings, prepare traffic
32 control plans in accordance with Section 34 71 13 and submit to City for
33 review.
34 1) Allow minimum 10 working days for review of proposed Traffic Control.
35 B. Street Use Permit
36 1. Prior to installation of Traffic Control, a City Street Use Permit is required.
37 a. To obtain Street Use Permit, submit Traffic Control Plans to City
38 Transportation and Public Works Department.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 55 26 - 2
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 2 of 3
1 1) Allow a minimum of 5 working days for permit review.
2 2) Contractor's responsibility to coordinate review of Traffic Control plans for
3 Street Use Permit, such that construction is not delayed.
4 C. Modification to Approved Traffic Control
5 1. Prior to installation traffic control:
6 a. Submit revised traffic control plans to City Department Transportation and
7 Public Works Department.
8 1) Revise Traffic Control plans in accordance with Section 34 71 13.
9 2) Allow minimum 5 working days for review of revised Traffic Control.
10 3) It is the Contractor's responsibility to coordinate review of Traffic Control
11 plans for Street Use Permit, such that construction is not delayed.
12 D. Removal of Street Sign
13 1. If it is determined that a street sign must be removed for construction, then contact
14 City Transportation and Public Works Department, Signs and Markings Division to
15 remove the sign.
16 E. Temporary Signage
17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control
19 Devices (MUTCD).
20 2. Install temporary sign before the removal of permanent sign.
21 3. When construction is complete, to the extent that the permanent sign can be
22 reinstalled, contact the City Transportation and Public Works Department, Signs
23 and Markings Division, to reinstall the permanent sign.
24 F. Traffic Control Standards
25 1. Traffic Control Standards can be found on the City's Buzzsaw website.
26 1.5 SUBMITTALS [NOT USED]
27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
28 1.7 CLOSEOUT SUBMITTALS [NOT USED]
29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
30 1.9 QUALITY ASSURANCE [NOT USED]
31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
32 1.11 FIELD [SITE] CONDITIONS [NOT USED]
33 1.12 WARRANTY [NOT USED]
34 PART 2 - PRODUCTS [NOT USED]
35 PART 3 - EXECUTION [NOT USED]
36 END OF SECTION
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 55 26 - 3
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of 3
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
0157 13- 1
STORM WATER POLLUTION PREVENTION
Pagel of 3
1 SECTION 0157 13
2 STORM WATER POLLUTION PREVENTION
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Procedures for Storm Water Pollution Prevention Plans
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the
11 Contract
12 2. Division 1 — General Requirements
13 3. Section 3125 00 — Erosion and Sediment Control
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Construction Activities resulting in less than 1 acre of disturbance
17 a. Work associated with this Item is considered subsidiary to the various Items
18 bid. No separate payment will be allowed for this Item.
19 2. Construction Activities resulting in greater than 1 acre of disturbance
20 a. Measurement and Payment shall be in accordance with Section 3125 00.
21 1.3 REFERENCES
22 A. Abbreviations and Acronyms
23 1. Notice of Intent: NOI
24 2. Notice of Termination: NOT
25 3. Storm Water Pollution Prevention Plan: SWPPP
26 4. Texas Commission on Environmental Quality: TCEQ
27 5. Notice of Change: NOC
28 A. Reference Standards
29 1. Reference standards cited in this Specification refer to the current reference
30 standard published at the time of the latest revision date logged at the end of this
31 Specification, unless a date is specifically cited.
32 2. Integrated Storm Management (iSWM) Technical Manual for Construction
33 Controls
34 1.4 ADMINISTRATIVE REQUIREMENTS
35 A. General
36 1. Contractor is responsible for resolution and payment of any fines issued associated
37 with compliance to Stormwater Pollution Prevention Plan.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
01 57 13 - 2
STORM WATER POLLUTION PREVENTION
Page 2 of 3
B. Construction Activities resulting in:
1. Less than 1 acre of disturbance
a. Provide erosion and sediment control in accordance with Section 3125 00 and
Drawings.
2. 1 to less than 5 acres of disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) TCEQ Small Construction Site Notice Required under general permit
TXR150000
a) Sign and post at job site
b) Prior to Preconstruction Meeting, send 1 copy to City Department of
Transportation and Public Works, Environmental Division, (817) 392-
6088.
2) Provide erosion and sediment control in accordance with:
a) Section 3125 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
3. 5 acres or more of Disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee
a) Sign and post at job site
b) Send copy to City Department of Transportation and Public Works,
Environmental Division, (817) 392-6088.
2) TCEQ Notice of Change required if making changes or updates to NOI
3) Provide erosion and sediment control in accordance with:
a) Section 3125 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
4) Once the project has been completed and all the closeout requirements of
TCEQ have been met a TCEQ Notice of Termination can be submitted.
a) Send copy to City Department of Transportation and Public Works,
Environmental Division, (817) 392-6088.
40 1.5 SUBMITTALS
41 A. SWPPP
42 1. Submit in accordance with Section 01 33 00, except as stated herein.
43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City
44 as follows:
45 1) 1 copy to the City Project Manager
46 a) City Project Manager will forward to the City Department of
47 Transportation and Public Works, Environmental Division for review
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
0157 13 - 3
STORM WATER POLLUTION PREVENTION
Page 3 of 3
1 B. Modified SWPPP
2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City
3 in accordance with Section 0133 00.
4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
5 1.7 CLOSEOUT SUBMITTALS [NOT USED]
6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
7 1.9 QUALITY ASSURANCE [NOT USED]
8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
9 1.11 FIELD [SITE] CONDITIONS [NOT USED]
10 1.12 WARRANTY [NOT USED]
11 PART 2 - PRODUCTS [NOT USED]
12 PART 3 - EXECUTION [NOT USED]
13
14
15
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
0158 13- 1
TEMPORARY PROJECT SIGNAGE
Pagel of 3
1 SECTION 0158 13
2 TEMPORARY PROJECT SIGNAGE
3 PART1- GENERAL
4 1.1 SUMMARY
5
A. Section Includes:
6
1. Temporary Project Signage Requirements
7
B. Deviations from this City of Fort Worth Standard Specification
8
1. None.
9
C. Related Specification Sections include, but are not necessarily limited to:
10
1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
11
2. Division 1 — General Requirements
12
1.2
PRICE AND PAYMENT PROCEDURES
13
A. Measurement and Payment
14
1. Work associated with this Item is considered subsidiary to the various Items bid.
15
No separate payment will be allowed for this Item.
16
1.3
REFERENCES [NOT USED]
17
1.4
ADMINISTRATIVE REQUIREMENTS [NOT USED]
18
1.5
SUBMITTALS [NOT USED]
19
1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
20
1.7
CLOSEOUT SUBMITTALS [NOT USED]
21
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
22 1.9 QUALITY ASSURANCE [NOT USED]
23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
24 1.11 FIELD [SITE] CONDITIONS [NOT USED]
25 1.12 WARRANTY [NOT USED]
26 PART 2 - PRODUCTS
27 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
28 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS
29 A. Design Criteria
30 1. Provide free standing Project Designation Sign in accordance with City's Standard
31 Details for project signs.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
015813-2
TEMPORARY PROJECT SIGNAGE
Page 2 of 3
1 B. Materials
2 1. Sign
3 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better
4 2.3 ACCESSORIES [NOT USED]
5 2.4 SOURCE QUALITY CONTROL [NOT USED]
6 PART 3 - EXECUTION
7 3.1 INSTALLERS [NOT USED]
8 3.2 EXAMINATION [NOT USED]
9 3.3 PREPARATION [NOT USED]
10 3.4 INSTALLATION
11
A. General
12
1. Provide vertical installation at extents of project.
13
2. Relocate sign as needed, upon request of the City.
14
B. Mounting options
15
a. Skids
16
b. Posts
17
c. Barricade
18
3.5
REPAIR / RESTORATION [NOT USED]
19
3.6
RE -INSTALLATION [NOT USED]
20
3.7
FIELD [OR] SITE QUALITY CONTROL [NOT USED]
21
3.8
SYSTEM STARTUP [NOT USED]
22
3.9
ADJUSTING [NOT USED]
23
3.10
CLEANING [NOT USED]
24
3.11
CLOSEOUT ACTIVITIES [NOT USED]
25
3.12
PROTECTION [NOT USED]
26
3.13
MAINTENANCE
27 A. General
28 1. Maintenance will include painting and repairs as needed or directed by the City.
29 3.14 ATTACHMENTS [NOT USED]
30 END OF SECTION
31
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
015813-3
TEMPORARY PROJECT SIGNAGE
Page 3 of 3
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0160 00
PRODUCT REQUIREMENTS
01 60 00 - 1
PRODUCT REQUIREMENTS
Page 1 of 2
5 A. Section Includes:
6 1. References for Product Requirements and City Standard Products List
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 — General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED]
13 1.3 REFERENCES [NOT USED]
14 1.4 ADMINISTRATIVE REQUIREMENTS
15
A.
A list of City approved products for use is located on Buzzsaw as follows:
16
1. Resources\02 - Construction Documents\Standard Products List
17
B.
Only products specifically included on City's Standard Product List in these Contract
18
Documents shall be allowed for use on the Project.
19
1. Any subsequently approved products will only be allowed for use upon specific
20
approval by the City.
21
C.
Any specific product requirements in the Contract Documents supersede similar
22
products included on the City's Standard Product List.
23
1. The City reserves the right to not allow products to be used for certain projects even
24
though the product is listed on the City's Standard Product List.
25
D.
Although a specific product is included on City's Standard Product List, not all
26
products from that manufacturer are approved for use, including but not limited to, that
27
manufacturer's standard product.
28
E.
See Section 0133 00 for submittal requirements of Product Data included on City's
29
Standard Product List.
30 1.5 SUBMITTALS [NOT USED]
31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
32 1.7 CLOSEOUT SUBMITTALS [NOT USED]
33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
34 1.9 QUALITY ASSURANCE [NOT USED]
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
016000-2
PRODUCT REQUIREMENTS
Page 2 of 2
1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
2 1.11 FIELD [SITE] CONDITIONS [NOT USED]
3 1.12 WARRANTY [NOT USED]
4 PART 2 - PRODUCTS [NOT USED]
5 PART 3 - EXECUTION [NOT USED]
6 END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
10/12/12
D. Johnson
Modified Location of City's Standard Product List
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
01 66 00 - 1
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 4
1 SECTION 0166 00
2 PRODUCT STORAGE AND HANDLING REQUIREMENTS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Scheduling of product delivery
7 2. Packaging of products for delivery
8 3. Protection of products against damage from:
9 a. Handling
10 b. Exposure to elements or harsh environments
11 B. Deviations from this City of Fort Worth Standard Specification
12 1. None.
13 C. Related Specification Sections include, but are not necessarily limited to:
14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
15 2. Division 1 — General Requirements
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES [NOT USED]
21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
22
1.5
SUBMITTALS [NOT USED]
23
1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
24
1.7
CLOSEOUT SUBMITTALS [NOT USED]
25
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
26
1.9
QUALITY ASSURANCE [NOT USED]
27
1.10
DELIVERY AND HANDLING
28 A. Delivery Requirements
29 1. Schedule delivery of products or equipment as required to allow timely installation
30 and to avoid prolonged storage.
31 2. Provide appropriate personnel and equipment to receive deliveries.
32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site
33 for personnel or equipment to receive the delivery.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
016600-2
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 4
1
4.
Deliver products or equipment in manufacturer's original unbroken cartons or other
2
containers designed and constructed to protect the contents from physical or
3
environmental damage.
4
5.
Clearly and fully mark and identify as to manufacturer, item and installation
5
location.
6
6.
Provide manufacturer's instructions for storage and handling.
7
B. Handling
Requirements
8
1.
Handle products or equipment in accordance with these Contract Documents and
9
manufacturer's recommendations and instructions.
10
C. Storage Requirements
11
1.
Store materials in accordance with manufacturer's recommendations and
12
requirements of these Specifications.
13
2.
Make necessary provisions for safe storage of materials and equipment.
14
a. Place loose soil materials and materials to be incorporated into Work to prevent
15
damage to any part of Work or existing facilities and to maintain free access at
16
all times to all parts of Work and to utility service company installations in
17
vicinity of Work.
18
3.
Keep materials and equipment neatly and compactly stored in locations that will
19
cause minimum inconvenience to other contractors, public travel, adjoining owners,
20
tenants and occupants.
21
a. Arrange storage to provide easy access for inspection.
22
4.
Restrict storage to areas available on construction site for storage of material and
23
equipment as shown on Drawings, or approved by City's Project Representative.
24
5.
Provide off -site storage and protection when on -site storage is not adequate.
25
a. Provide addresses of and access to off -site storage locations for inspection by
26
City's Project Representative.
27
6.
Do not use lawns, grass plots or other private property for storage purposes without
28
written permission of owner or other person in possession or control of premises.
29
7.
Store in manufacturers' unopened containers.
30
8.
Neatly, safely and compactly stack materials delivered and stored along line of
31
Work to avoid inconvenience and damage to property owners and general public
32
and maintain at least 3 feet from fire hydrant.
33
9.
Keep public and private driveways and street crossings open.
34
10. Repair or replace damaged lawns, sidewalks, streets or other improvements to
35
satisfaction of City's Project Representative.
36
a. Total length which materials may be distributed along route of construction at
37
one time is 1,000 linear feet, unless otherwise approved in writing by City's
38
Project Representative.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
016600-3
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 4
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION
5 3.1
INSTALLERS [NOT USED]
6 3.2
EXAMINATION [NOT USED]
7 3.3
PREPARATION [NOT USED]
8 3.4
ERECTION [NOT USED]
9 3.5
REPAIR / RESTORATION [NOT USED]
10 3.6
RE -INSTALLATION [NOT USED]
11 3.7
FIELD [OR] SITE QUALITY CONTROL
12 A. Tests and Inspections
13 1. Inspect all products or equipment delivered to the site prior to unloading.
14 B. Non -Conforming Work
15 1. Reject all products or equipment that are damaged, used or in any other way
16 unsatisfactory for use on the project.
17 3.8 SYSTEM STARTUP [NOT USED]
18 3.9 ADJUSTING [NOT USED]
19 3.10 CLEANING [NOT USED]
20 3.11 CLOSEOUT ACTIVITIES [NOT USED]
21 3.12 PROTECTION
22 A. Protect all products or equipment in accordance with manufacturer's written directions.
23 B. Store products or equipment in location to avoid physical damage to items while in
24 storage.
25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by
26 the manufacturer.
27 3.13 MAINTENANCE [NOT USED]
28 3.14 ATTACHMENTS [NOT USED]
29 END OF SECTION
30
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 66 00 - 4
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 4 of 4
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 70 00 - 1
MOBILIZATION AND REMOBILIZATION
Page 1 of 6
1 SECTION 0170 00
2 MOBILIZATION AND REMOBILIZATION
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
1. Mobilization and Demobilization
a. Mobilization
1) Transportation of Contractor's personnel, equipment, and operating supplies
to the Site
2) Establishment of necessary general facilities for the Contractor's operation
at the Site
3) Premiums paid for performance and payment bonds
4) Transportation of Contractor's personnel, equipment, and operating supplies
to another location within the designated Site
5) Relocation of necessary general facilities for the Contractor's operation
from 1 location to another location on the Site.
b. Demobilization
1) Transportation of Contractor's personnel, equipment, and operating supplies
away from the Site including disassembly
2) Site Clean-up
3) Removal of all buildings and/or other facilities assembled at the Site for this
Contract
c. Mobilization and Demobilization do not include activities for specific items of
work that are for which payment is provided elsewhere in the contract.
2. Remobilization
a. Remobilization for Suspension of Work specifically required in the Contract
Documents or as required by City includes:
1) Demobilization
a) Transportation of Contractor's personnel, equipment, and operating
supplies from the Site including disassembly or temporarily securing
equipment, supplies, and other facilities as designated by the Contract
Documents necessary to suspend the Work.
b) Site Clean-up as designated in the Contract Documents
2) Remobilization
a) Transportation of Contractor's personnel, equipment, and operating
supplies to the Site necessary to resume the Work.
b) Establishment of necessary general facilities for the Contractor's
operation at the Site necessary to resume the Work.
3) No Payments will be made for:
a) Mobilization and Demobilization from one location to another on the
Site in the normal progress of performing the Work.
b) Stand-by or idle time
c) Lost profits
3. Mobilizations and Demobilization for Miscellaneous Projects
a. Mobilization and Demobilization
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 22, 2016
Candleridge Park Erosion Control Improvements
Project No. CO2717
017000-2
MOBILIZATION AND REMOBILIZATION
Page 2 of 6
1 1) Mobilization shall consist of the activities and cost on a Work Order basis
2 necessary for:
3 a) Transportation of Contractor's personnel, equipment, and operating
4 supplies to the Site for the issued Work Order.
5 b) Establishment of necessary general facilities for the Contractor's
6 operation at the Site for the issued Work Order
7 2) Demobilization shall consist of the activities and cost necessary for:
8 a) Transportation of Contractor's personnel, equipment, and operating
9 supplies from the Site including disassembly for each issued Work
10 Order
11 b) Site Clean-up for each issued Work Order
12 c) Removal of all buildings or other facilities assembled at the Site for
13 each Work Oder
14 b. Mobilization and Demobilization do not include activities for specific items of
15 work for which payment is provided elsewhere in the contract.
16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects
17 a. A Mobilization for Miscellaneous Projects when directed by the City and the
18 mobilization occurs within 24 hours of the issuance of the Work Order.
19 B. Deviations from this City of Fort Worth Standard Specification
20 1. None.
21 C. Related Specification Sections include, but are not necessarily limited to:
22 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
23 2. Division 1 — General Requirements
24 1.2 PRICE AND PAYMENT PROCEDURES
25 A. Measurement and Payment [Consult City Department/Division for direction on if
26 Mobilization pay item to be included or the item should be subsidiary. Include the
27 appropriate Section 1.2 A. 1.]
28 1. Mobilization and Demobilization [If subsidiary]
29 a. Measure
30 1) This Item is considered subsidiary to the various Items bid.
31 b. Payment
32 1) The work performed and materials furnished in accordance with this Item
33 are subsidiary to the various Items bid and no other compensation will be
34 allowed.
35 [OR]
36 1. Mobilization and Demobilization [If bid item included for Mobilization —
37 Consultant to provide a maximum % of adjusted contract amount based on the
38 anticipated mobilization costs to limit the amount bid for this item]
39 a. Measure
40 1) This Item will be measured by the lump sum or each as the work
41 progresses. Mobilization is calculated on the base bid only and will not be
42 paid for separately on any additive alternate items added to the Contract.
43 2) Demobilization shall be considered subsidiary to the various bid items.
44 b. Payment
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised November 22, 2016
017000-3
MOBILIZATION AND REMOBILIZATION
Page 3 of 6
1
1) For this Item, the adjusted Contract amount will be calculated as the total
2
Contract amount less the lump sum for mobilization. Mobilization shall be
3
made in partial payments as follows:
4
a) When 1 % of the adjusted Contract amount for construction Items is
5
earned, 50% of the mobilization lump sum bid or [Insert % the maximum
6
allowed] % of the total Contract amount, whichever is less, will be paid.
7
b) When 5% of the adjusted Contract amount for construction Items is
8
earned, 75% of the mobilization lump sum bid or [Insert the maximum
9
allowed]% of the total Contract amount, whichever is less, will be paid.
10
Previous payments under the Item will be deducted from this amount.
11
c) When 10% of the adjusted Contract amount for construction Items is
12
earned, 100% of the mobilization lump sum bid or [Insert the maximum
13
allowed]% of the total Contract amount, whichever is less, will be paid.
14
Previous payments under the Item will be deducted from this amount.
15
d) A bid containing a total for "Mobilization" in excess of [Insert
16
maximum allowed] % of total contract shall be considered unbalanced
17
and a cause for consideration of rejection.
18
e) The Lump Sum bid for "Mobilization — Paving/Drainage" shall NOT
19
include any cost or sum for mobilization items associated with
20
water/sewer items. Those costs shall be included in the various
21
water/sewer bid Items. Otherwise the bid Items shall be considered
22
unbalanced and a cause for consideration of rejection.
23
f) The Lump Sum bid for "Mobilization — Paving" shall NOT include
24
any cost or sum for mobilization items associated with drainage items.
25
Those costs shall be included in the "Mobilization — Drainage" Lump
26
Sum bid Item. Otherwise the bid Items shall be considered unbalanced
27
and a cause for consideration of rejection.
28
g) The Lump Sum bid for "Mobilization — Drainage" shall NOT
29
include any cost or sum for mobilization items associated with paving
30
items. Those costs shall be included in the "Mobilization — Paving"
31
Lump Sum bid Item. Otherwise the bid Items shall be considered
32
unbalanced and a cause for consideration of rejection.
33
2) The work performed and materials furnished for demobilization in
34
accordance with this Item are subsidiary to the various Items bid and no other
35
compensation will be allowed.
36
[OR]
37 1. Mobilization and Demobilization [If multiple `Mobilization " bid items are used
38 due to different funding (ex. Water and Sewer and Paving and/or Drainage) —
39 Provide detail of each bid item - Consultant to provide detail for each bid item
40 (typically Water/Sewer will be subsidiary and Paving/Drainage will be LS, with
41 possibly separate bid items for Paving and Drainage due to funding).]
42 a. Measure
43 1) This item for Water/Sewer improvements is considered subsidiary to the
44 various Items bid.
45 2) "Mobilization — Paving," "Mobilization — Drainage," and/or "Mobilization
46 — Paving/Drainage" will be measured by the lump sum or each as the work
47 progresses. Mobilization is calculated on the base bid only and will not be
48 paid for separately on any additive alternate items added to the Contract.
49 3) Demobilization shall be considered subsidiary to the various bid items.
50 b. Payment
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised November 22, 2016
01 70 00 - 4
MOBILIZATION AND REMOBILIZATION
Page 4 of 6
1
1) The work performed and materials furnished in accordance with this Item
2
for Water/Sewer improvements are subsidiary to the various Items bid and no
3
other compensation will be allowed.
4
2) "Mobilization — Paving," "Mobilization — Drainage," and/or "Mobilization
5
— Paving/Drainage", the adjusted Contract amount will be calculated as the
6
total Contract amount for paving, drainage or paving/drainage improvements
7
less the lump sum for mobilization. Mobilization shall be made in partial
8
payments as follows:
9
a) When 1 % of the adjusted Contract amount for construction Items is
10
earned, 50% of the mobilization lump sum bid or [Insert % the maximum
11
allowed] % of the total paving, drainage, or paving/drainage Contract
12
amount, whichever is less, will be paid.
13
b) When 5% of the adjusted Contract amount for construction Items is
14
earned, 75% of the mobilization lump sum bid or [Insert the maximum
15
allowed]% of the total paving, drainage, or paving/drainage Contract
16
amount, whichever is less, will be paid. Previous payments under the Item
17
will be deducted from this amount.
18
c) When 10% of the adjusted Contract amount for construction Items is
19
earned, 100% of the mobilization lump sum bid or [Insert the maximum
20
allowed]% of the total paving, drainage, or paving/drainage Contract
21
amount, whichever is less, will be paid. Previous payments under the Item
22
will be deducted from this amount.
23
d) A bid containing a total for "Mobilization" in excess of [Insert
24
maximum allowed] % of total paving, drainage or paving/drainage
25
contract shall be considered unbalanced and a cause for consideration
26 of rejection.
27 3) The work performed and materials furnished for demobilization in
28 accordance with this Item are subsidiary to the various Items bid and no other
29 compensation will be allowed.
30 2. Remobilization for suspension of Work as specifically required in the Contract
31 Documents
32 a. Measurement
33 1) Measurement for this Item shall be per each remobilization performed.
34 b. Payment
35 1) The work performed and materials furnished in accordance with this Item
36 and measured as provided under "Measurement" will be paid for at the unit
37 price per each "Specified Remobilization" in accordance with Contract
38 Documents.
39 c. The price shall include:
40 1) Demobilization as described in Section 1.I.A.2.a.1)
41 2) Remobilization as described in Section 1.1.A.2.a.2)
42 d. No payments will be made for standby, idle time, or lost profits associated this
43 Item.
44 3. Remobilization for suspension of Work as required by City
45 a. Measurement and Payment
46 1) This shall be submitted as a Contract Claim in accordance with Article 10
47 of Section 00 72 00.
48 2) No payments will be made for standby, idle time, or lost profits associated
49 with this Item.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised November 22, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
017000-5
MOBILIZATION AND REMOBILIZATION
Page 5 of 6
4. Mobilizations and Demobilizations for Miscellaneous Projects
a. Measurement
1) Measurement for this Item shall be for each Mobilization and
Demobilization required by the Contract Documents
b. Payment
1) The Work performed and materials furnished in accordance with this Item
and measured as provided under "Measurement" will be paid for at the unit
price per each "Work Order Mobilization" in accordance with Contract
Documents. Demobilization shall be considered subsidiary to mobilization
and shall not be paid for separately.
c. The price shall include:
1) Mobilization as described in Section 1.1.A.3.a.1)
2) Demobilization as described in Section 1.1.A.3.a.2)
d. No payments will be made for standby, idle time, or lost profits associated this
Item.
5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects
a. Measurement
1) Measurement for this Item shall be for each Mobilization and
Demobilization required by the Contract Documents
b. Payment
1) The Work performed and materials furnished in accordance with this Item
and measured as provided under "Measurement" will be paid for at the unit
price per each "Work Order Emergency Mobilization" in accordance with
Contract Documents. Demobilization shall be considered subsidiary to
mobilization and shall not be paid for separately.
c. The price shall include
1) Mobilization as described in Section 1.1.A.4.a)
2) Demobilization as described in Section 1.1.A.3.a.2)
d. No payments will be made for standby, idle time, or lost profits associated this
Item.
31
1.3
REFERENCES [NOT USED]
32
1.4
ADMINISTRATIVE REQUIREMENTS [NOT USED]
33
1.5
SUBMITTALS [NOT USED]
34
1.6
INFORMATIONAL SUBMITTALS [NOT USED]
35
1.7
CLOSEOUT SUBMITTALS [NOT USED]
36
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
37
1.9
QUALITY ASSURANCE [NOT USED]
38
1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
39 1.11 FIELD [SITE] CONDITIONS [NOT USED]
40 1.12 WARRANTY [NOT USED]
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised November 22, 2016
017000-6
MOBILIZATION AND REMOBILIZATION
Page 6 of 6
1 PART 2 - PRODUCTS [NOT USED]
2 PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
11/22/16
Michael Owen
1.2 Price and Payment Procedures - Revised specification, including blue text, to
make specification flexible for either subsidiary or paid bid item for Mobilization.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised November 22, 2016
017123-1
CONSTRUCTION STAKING AND SURVEY
Pagel of 8
1 SECTION 01 71 23
2 CONSTRUCTION STAKING AND SURVEY
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Requirements for construction staking and construction survey
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 — General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
A. Measurement and Payment
1. Construction Staking
a. Measurement
1) Measurement for this Item shall be by lump sum.
b. Payment
1) The work performed and the materials furnished in accordance with this
Item shall be paid for at the lump sum price bid for "Construction Staking".
2) Payment for "Construction Staking" shall be made in partial payments
prorated by work completed compared to total work included in the lump
sum item.
c. The price bid shall include, but not be limited to the following:
1) Verification of control data provided by City.
2) Placement, maintenance and replacement of required stakes and markings
in the field.
3) Preparation and submittal of construction staking documentation in the
form of "cut sheets" using the City's standard template.
2. Construction Survey
a. Measurement
1) This Item is considered subsidiary to the various Items bid.
b. Payment
1) The work performed and the materials furnished in accordance with this
Item are subsidiary to the various Items bid and no other compensation will be
allowed.
3. As -Built Survey
a. Measurement
1) Measurement for this Item shall be by lump sum.
b. Payment
1) The work performed and the materials furnished in accordance with this
Item shall be paid for at the lump sum price bid for "As -Built Survey".
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 14, 2018
Candleridge Park Erosion Control Improvements
Project No. CO2717
01 71 23 - 2
CONSTRUCTION STAKING AND SURVEY
Page 2 of 8
1 2) Payment for "Construction Staking" shall be made in partial payments
2 prorated by work completed compared to total work included in the lump sum
3 item.
4 c. The price bid shall include, but not be limited to the following::
5 1) Field measurements and survey shots to identify location of completed
6 facilities.
7 2) Documentation and submittal of as -built survey data onto contractor redline
8 plans and digital survey files.
9
10 1.3 REFERENCES
11 A. Definitions
12 1. Construction Survey - The survey measurements made prior to or while
13 construction is in progress to control elevation, horizontal position, dimensions and
14 configuration of structures/improvements included in the Project Drawings.
15 2. As -built Survey —The measurements made after the construction of the
16 improvement features are complete to provide position coordinates for the features
17 of a project.
18 3. Construction Staking — The placement of stakes and markings to provide offsets
19 and elevations to cut and fill in order to locate on the ground the designed
20 structures/improvements included in the Project Drawings. Construction staking
21 shall include staking easements and/or right of way if indicated on the plans.
22 4. Survey "Field Checks" — Measurements made after construction staking is
23 completed and before construction work begins to ensure that structures marked on
24 the ground are accurately located per Project Drawings.
25 B. Technical References
26 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw
27 website) — 01 71 23.16.01— Attachment A —Survey Staking Standards
28 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available
29 on City's Buzzsaw website).
30 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision
31 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land
32 Surveying in the State of Texas, Category 5
33
34 1.4 ADMINISTRATIVE REQUIREMENTS
35 A. The Contractor's selection of a surveyor must comply with Texas Government
36 Code 2254 (qualifications based selection) for this project.
37 1.5 SUBMITTALS
38 A. Submittals, if required, shall be in accordance with Section 0133 00.
39 B. All submittals shall be received and reviewed by the City prior to delivery of work.
40 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS
41 A. Field Quality Control Submittals
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised February 14, 2018
01 71 23 - 3
CONSTRUCTION STAKING AND SURVEY
Page 3 of 8
1 1. Documentation verifying accuracy of field engineering work, including coordinate
2 conversions if plans do not indicate grid or ground coordinates.
3 2. Submit "Cut -Sheets" conforming to the standard template provided by the City
4 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards).
5 1.7 CLOSEOUT SUBMITTALS
6 B. As -built Redline Drawing Submittal
7 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of
8 constructed improvements signed and sealed by Registered Professional Land
9 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A
10 — Survey Staking Standards) .
11 2. Contractor shall submit the proposed as -built and completed redline drawing
12 submittal one (1) week prior to scheduling the project final inspection for City
13 review and comment. Revisions, if necessary, shall be made to the as -built redline
14 drawings and resubmitted to the City prior to scheduling the construction final
15 inspection.
16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
17 1.9 QUALITY ASSURANCE
18 A. Construction Staking
19 1. Construction staking will be performed by the Contractor.
20 2. Coordination
21 a. Contact City's Project Representative at least one week in advance notifying
22 the City of when Construction Staking is scheduled.
23 b. It is the Contractor's responsibility to coordinate staking such that
24 construction activities are not delayed or negatively impacted.
25 3. General
26 a. Contractor is responsible for preserving and maintaining stakes. If City
27 surveyors are required to re -stake for any reason, the Contractor will be
28 responsible for costs to perform staking. If in the opinion of the City, a
29 sufficient number of stakes or markings have been lost, destroyed disturbed or
30 omitted that the contracted Work cannot take place then the Contractor will be
31 required to stake or re -stake the deficient areas.
32 B. Construction Survey
33 1. Construction Survey will be performed by the Contractor.
34 2. Coordination
35 a. Contractor to verify that horizontal and vertical control data established in the
36 design survey and required for construction survey is available and in place.
37 3. General
38 a. Construction survey will be performed in order to construct the work shown
39 on the Construction Drawings and specified in the Contract Documents.
40 b. For construction methods other than open cut, the Contractor shall perform
41 construction survey and verify control data including, but not limited to, the
42 following:
43 1) Verification that established benchmarks and control are accurate.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised February 14, 2018
01 71 23 - 4
CONSTRUCTION STAKING AND SURVEY
Page 4 of 8
1
2) Use of Benchmarks to furnish and maintain all reference lines and grades
2
for tunneling.
3
3) Use of line and grades to establish the location of the pipe.
4
4) Submit to the City copies of field notesused to establish all lines and
5
grades, if requested, and allow the City to check guidance system setup prior
6
to beginning each tunneling drive.
7
5) Provide access for the City, if requested, to verify the guidance system and
8
the line and grade of the carrier pipe.
9
6) The Contractor remains fully responsible for the accuracy of the work and
10
correction of it, as required.
11
7) Monitor line and grade continuously during construction.
12
8) Record deviation with respect to design line and grade once at each pipe
13
joint and submit daily records to the City.
14
9) If the installation does not meet the specified tolerances (as outlined in
15
Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct
16
the installation in accordance with the Contract Documents.
17 C. As -Built Survey
18 1. Required As -Built Survey will be performed by the Contractor.
19 2. Coordination
20 a. Contractor is to coordinate with City to confirm which features require as-
21 built surveying.
22 b. It is the Contractor's responsibility to coordinate the as -built survey and
23 required measurements for items that are to be buried such that construction
24 activities are not delayed or negatively impacted.
25 c. For sewer mains and water mains 12" and under in diameter, it is acceptable
26 to physically measure depth and mark the location during the progress of
27 construction and take as -built survey after the facility has been buried. The
28 Contractor is responsible for the quality control needed to ensure accuracy.
29 3. General
30 a. The Contractor shall provide as -built survey including the elevation and
31 location (and provide written documentation to the City) of construction
32 features during the progress of the construction including the following:
33 1) W ter Lines
34 a) Top of pipe elevations and coordinates for waterlines at the following
35 locations:
36 (1) Minimum every 25O linear feet, including
37 (2) Horizontal and vertical points of inflection, curvature,
38 etc.
39 (3) Fire line tee
40 (4) Plugs, stub -outs, dead-end lines
41 (5) Casing pipe (each end) and all buried fittings
42 2) Sanitary Sewer
43 a) Top of pipe elevations and coordinates for force mains and siphon
44 sanitary sewer lines (non -gravity facilities) at the following locations:
45 (1) Minimum every 250 linear feet and any buried fittings
46 (2) Horizontal and vertical points of inflection, curvature,
47 etc.
48 3) Stormwater — Not Applicable
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised February 14, 2018
01 71 23 - 5
CONSTRUCTION STAKING AND SURVEY
Page 5 of 8
1
b. The Contractor shall provide as -built survey including the elevation and
2
location (and provide written documentation to the City) of construction
3
features after the construction is completed including the following:
4
1) Manholes
5
a) Rim and flowline elevations and coordinates for each manhole
6
2) W ter Lines
7
a) Cathodic protection test stations
8
b) Sampling stations
9
c) Meter boxes/vaults (All sizes)
10
d) Fire hydrants
11
e) Valves (gate, butterfly, etc.)
12
f) Air Release valves (Manhole rim and vent pipe)
13
g) Blow off valves (Manhole rim and valve lid)
14
h) Pressure plane valves
15
i) Underground Vaults
16
(1) Rim and flowline elevations and coordinates for each
17
Underground Vault.
18
3) Sanitary Sewer
19
a) Cleanouts
20
(1) Rim and flowline elevations and coordinates for each
21
b) Manholes and Junction Structures
22
(1) Rim and flowline elevations and coordinates for each
23
manhole and junction structure.
24
4) Stormwater — Not Applicable
25 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
26 1.11 FIELD [SITE] CONDITIONS [NOT USED]
27 1.12 WARRANTY
28 PART 2 - PRODUCTS
29 A. A construction survey will produce, but will not be limited to:
30 1. Recovery of relevant control points, points of curvature and points of intersection.
31 2. Establish temporary horizontal and vertical control elevations (benchmarks)
32 sufficiently permanent and located in a manner to be used throughout construction.
33 3. The location of planned facilities, easements and improvements.
34 a. Establishing final line and grade stakes for piers, floors, grade beams, parking
35 areas, utilities, streets, highways, tunnels, and other construction.
36 b. A record of revisions or corrections noted in an orderly manner for reference.
37 c. A drawing, when required by the client, indicating the horizontal and vertical
38 location of facilities, easements and improvements, as built.
39 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all
40 construction staking projects. These cut sheets shall be on the standard city template
41 which can be obtained from the Survey Superintendent (817-392-7925).
42 5. Digital survey files in the following formats shall be acceptable:
43 a. AutoCAD (.dwg)
44 b. ESRI Shapefile (.shp)
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised February 14, 2018
01 71 23 - 6
CONSTRUCTION STAKING AND SURVEY
Page 6 of 8
1 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use
2 standard templates, if available)
3 6. Survey files shall include vertical and horizontal data tied to original project
4 control and benchmarks, and shall include feature descriptions
5 PART 3 - EXECUTION
6 3.1 INSTALLERS
7 A. Tolerances:
8
1. The staked location of any improvement or facility should be as accurate as
9
practical and necessary. The degree of precision required is dependent on many
10
factors all of which must remain judgmental. The tolerances listed hereafter are
11
based on generalities and, under certain circumstances, shall yield to specific
12
requirements. The surveyor shall assess any situation by review of the overall plans
13
and through consultation with responsible parties as to the need for specific
14
tolerances.
15
a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical
16
tolerance. Horizontal alignment for earthwork and rough cut should not exceed
17
1.0 ft. tolerance.
18
b. Horizontal alignment on a structure shall be within .0.1ft tolerance.
19
c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and
20
walkways shall be located within the confines of the site boundaries and,
21
occasionally, along a boundary or any other restrictive line. Away from any
22
restrictive line, these facilities should be staked with an accuracy producing no
23
more than 0.05ft. tolerance from their specified locations.
24
d. Underground and overhead utilities, such as sewers, gas, water, telephone and
25
electric lines, shall be located horizontally within their prescribed areas or
26
easements. Within assigned areas, these utilities should be staked with an
27
accuracy producing no more than 0.1 ft tolerance from a specified location.
28
e. The accuracy required for the vertical location of utilities varies widely. Many
29
underground utilities require only a minimum cover and a tolerance of 0.1 ft.
30
should be maintained. Underground and overhead utilities on planned profile,
31
but not depending on gravity flow for performance, should not exceed 0.1 ft.
32
tolerance.
33 B. Surveying instruments shall be kept in close adjustment according to manufacturer's
34 specifications or in compliance to standards. The City reserves the right to request a
35 calibration report at any time and recommends regular maintenance schedule be
36 performed by a certified technician every 6 months.
37 1. Field measurements of angles and distances shall be done in such fashion as to
38 satisfy the closures and tolerances expressed in Part 3.1.A.
39 2. Vertical locations shall be established from a pre -established benchmark and
40 checked by closing to a different bench mark on the same datum.
41 3. Construction survey field work shall correspond to the client's plans. Irregularities
42 or conflicts found shall be reported promptly to the City.
43 4. Revisions, corrections and other pertinent data shall be logged for future reference.
44
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised February 14, 2018
01 71 23 - 7
CONSTRUCTION STAKING AND SURVEY
Page 7 of 8
1 3.2 EXAMINATION [NOT USED]
2 3.3 PREPARATION [NOT USED]
3 3.4 APPLICATION
4 3.5 REPAIR / RESTORATION
5 A. If the Contractor's work damages or destroys one or more of the control
6 monuments/points set by the City, the monuments shall be adequately referenced for
7 expedient restoration.
8 1. Notify City if any control data needs to be restored or replaced due to damage
9 caused during construction operations.
10 a. Contractor shall perform replacements and/or restorations.
11 b. The City may require at any time a survey "Field Check" of any monument
12 or benchmarks that are set be verified by the City surveyors before further
13 associated work can move forward.
14 3.6 RE -INSTALLATION [NOT USED]
15 3.7 FIELD [OR] SITE QUALITY CONTROL
16 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the
17 City in accordance with this Specification. This includes easements and right of way, if
18 noted on the plans.
19 B. Do not change or relocate stakes or control data without approval from the City.
20 3.8 SYSTEM STARTUP
21
A. Survey Checks
22
1. The City reserves the right to perform a Survey Check at any time deemed
23
necessary.
24
2. Checks by City personnel or 3' party contracted surveyor are not intended to
25
relieve the contractor of his/her responsibility for accuracy.
26
27
3.9
ADJUSTING [NOT USED]
28
3.10
CLEANING [NOT USED]
29
3.11
CLOSEOUT ACTIVITIES [NOT USED]
30
3.12
PROTECTION [NOT USED]
31
3.13
MAINTENANCE [NOT USED]
32
3.14
ATTACHMENTS [NOT USED]
33 END OF SECTION
34
Revision Log
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 14, 2018
Candleridge Park Erosion Control Improvements
Project No. CO2717
017123-8
CONSTRUCTION STAKING AND SURVEY
Page 8 of 8
DATE
NAME
SUMMARY OF CHANGE
8/31/2012
D. Johnson
Added instruction and modified measurement & payment under 1.2; added
8/31/2017
M. Owen
definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal
requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS;
Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup.
Removed "blue text"; revised measurement and payment sections for Construction
Staking and As -Built Survey; added reference to selection compliance with TGC
2/14/2018
M Owen
2254; revised action and Closeout submittal requirements; added acceptable depth
measurement criteria; revised list of items requiring as -built survey "during" and
"after" construction; and revised acceptable digital survey file format
CITY OF FORT WORTH Candleridge Park Erosion Control hnprovements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised February 14, 2018
FORTWORTH(,
Section 01 71 23.01- Attachment A
Survey Staking Standards
February 2017
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These procedures are intended to provide a standard method for construction staking services
associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as
a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation,
adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT
manual shall prevail. (http://onlinemanuals.txdot.Rov/txdotmanuals/ess/ess.pdf)
If you have a unique circumstance, please consult with the project manager, inspector, or survey
department at 817-392-7925.
Table of Contents
I. City of Fort Worth Contact Information
II. Construction Colors
III. Standard Staking Supplies
IV. Survey Equipment, Control, and Datum Standards
V.
Water Staking
VI.
Sanitary Sewer Staking
VI I.
Storm Staking
VIII.
Curb and Gutter Staking
IX.
Cut Sheets
X.
As -built Survey
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I. Survey Department Contact Information
Physical and mailing address:
8851 Camp Bowie West Boulevard
Suite 300
Fort Worth, Texas 76116
Office: (817) 392-7925
Survey Superintendent, direct line: (817) 392-8971
II. Construction Colors
The following colors shall be used for staking or identifying features in the field. This
includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags
if necessary.
utility
Color
PROPOSED EXCAVATION
ALL ELECTRIC AND CONDUITS
*YELLOW*
POTABLE WATER
GAS OR OIL
TELEPHONE/FIBER OPTIC
ORANGE
SURVEY CONTROL POINTS, BENCHMARKS,
PROPERTY CORNERS, RIGHT-OF-WAYS, AND
ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS
PINK
SANITARY SEWER
IRRIGATION AND RECLAIMED WATER
III. Standard Staking Supplies
Item Minimum size
Lath/Stake
36" tall
Wooden Hub (2"x2" min. square preferred)
6" tall
Pin Flags (2.5" x 3.5" preferred)
21" long
Guard Stakes
Not required
PK or Mag nails
1" long
Iron Rods (1/2" or greater diameter)
18" long
Survey Marking Paint
Water -based
Flagging
1" wide
Marking Whiskers (feathers)
6" long
Tacks (for marking hubs)
3/4" long
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IV. Survey Equipment, Control, and Datum Standards
A. City Benchmarks
All city benchmarks can be found here: http://fortworthtexas.gov/itsolutions/GIS/
Look for 'Zoning Maps'. Under 'Layers' , expand 'Basemap Layers', and check on
'Benchmarks'.
B. Conventional or Robotic Total Station Equipment
I. A minimum of a 10 arc -second instrument is required.
II. A copy of the latest calibration report may be requested by the City at any time.
It is recommended that an instrument be calibrated by certified technician at
least 1 occurrence every 6 months.
C. Network/V.R.S. and static GPS Equipment
I. It is critical that the surveyor verify the correct horizontal and vertical datum
prior commencing work. A site calibration may be required and shall consist of
at least 4 control points spaced evenly apart and in varying quadrants.
Additional field checks of the horizontal and vertical accuracies shall be
completed and the City may ask for a copy of the calibration report at any time.
II. Network GPS such as the Western Data Systems or SmartNet systems may be
used for staking of property/R.O.W, forced -main water lines, and rough -grade
only. No GPS staking for concrete, sanitary sewer, storm drain, final grade, or
anything that needs vertical grading with a tolerance of 0.25' or less is
allowed.
D. Control Points Set
All control points set shall be accompanied by a lath with the appropriate
Northing, Easting, and Elevation (if applicable) of the point set. Control points
can be set rebar, 'X' in concrete, or any other appropriate item with a stable
base and of a semi -permanent nature. A rebar cap is optional, but preferred if
the cap is marked 'control point' or similar wording.
Datasheets are required for all control points set.
Datasheet should include:
A. Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone
4202, NAVD 88 Elevations
B. Grid or ground distance. — If ground, provide scale factor used and base
point coordinate, Example: C.S.F.=0.999125, Base point=North: 0, East=O
C. Geoid model used, Example: GEOID12A
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E. Preferred Grid Datum
Although many plan sets can be in surface coordinates, the City's preferred grid datum
is listed below. Careful consideration must be taken to verify what datum each project is
in prior to beginning work. It is essential the surveyor be familiar with coordinate
transformations and how a grid/surface/assumed coordinate system affect a project.
Proiected Coordinate
System: NAD_1983_StatePlane_Texas_North_Central_FIPS_4202_Feet
Projection: Lambert_ Conformal_ Conic
Fa Ise_Easti ng: 1968500.00000000
False —Northing: 6561666.66666667
Central Meridian:-98.50000000
Standard Parallel 1: 32.13333333
Standard Parallel 2: 33.96666667
Latitude —Of —Origin: 31.66666667
Linear Unit: Foot US
Geographic Coordinate System: GCS_North_American_1983
Datum: D North American 1983
Prime Meridian: Greenwich
Angular Unit: Degree
Note: Regardless of what datum each particular project is in, deliverables to the City
must be converted/translated into this preferred grid datum. 1 copy of the deliverable
should be in the project datum (whatever it may be) and 1 copy should be in the NAD83,
TX North Central 4202 zone. See Preferred File Naming Convention below
F. Preferred Deliverable Format
txt csv dwg .job
G. Preferred Data Format
P,N,E,Z,D,N
Point Number, Northing, Easting, Elevation, Description, Notes (if applicable)
H. Preferred File Naming Convention
This is the preferred format: City Project Number_Description_Datum.csv
Example for a project that has surface coordinates which must be translated:
File 1: C1234 As -built of Water on Main Street Grid NAD83 TXSP 4202.csv
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File 2: C1234_As-built of Water on Main Street —Project Specific Datum.csv
Example Control Stakes
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Page 6 of 22
m
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V. Water Staking Standards
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Page 7 of 22
A. Centerline Staking —Straight Line Tangents
I. Offset lath/stakes every 200' on even stations
II. Painted blue lath/stake only, no hub is required
III. Grade is to top of pipe (T/P) for 12" diameter pipes or smaller
IV. Grade to flow line (F/L) for 16" and larger diameter pipes
V. Grade should be 3.50' below the proposed top of curb line for 10" and smaller
diameter pipes
VI. Grade should be 4.00' below the proposed top of curb line for 12" and larger
diameter pipes
VI I. Cut Sheets are required on all staking and a copy can be received from the
survey superintendent
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking - Curves
I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should
be set at a 25' interval
II. Same grading guidelines as above
III. Staking of radius points of greater than 100' may be omitted
C. Water Meter Boxes
I. 7.0' perpendicular offset is preferred to the center of the box
II. Center of the meter should be 3.0' behind the proposed face of curb
III. Meter should be staked a minimum of 4.5' away from the edge of a driveway
IV. Grade is to top of box and should be +0.06' higher than the proposed top of
curb unless shown otherwise on the plans
D. Fire Hydrants
I. Center of Hydrant should be 3.0' behind proposed face of curb
II. Survey offset stake should be 7.0' from the center and perpendicular to the curb
line or water main
III. Grade of hydrants should be +0.30 higher than the adjacent top of curb
E. Water Valves & Vaults
I. Offsets should be perpendicular to the proposed water main
II. RIM grades should only be provided if on plans
Example Water Stakes
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Page 8 of 22
« D i w/L
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S bmta&B-D&osemeelR q*@me%A017123.1 J1 Attachment A Survey StakingkandaesdoJ
Page gw22
A. Centerline Staking — Straight Line Tangents
I. Inverts shall be field verified and compared against the plans before staking
II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required
III. 1 offset stake between manholes if manholes are 400' or less apart
IV. Offset stakes should be located at even distances and perpendicular to the
centerline
V. Grades will be per plan and the date of the plans used should be noted
VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction
noted
VI I. Stakes at every grade break
VIII. Cut sheets are required on all staking
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking— Curves
I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should
be set at a 25' interval
II. Staking of radius points of greater than 100' may be omitted
C. Sanitary Sewer Manholes
I. 2 offset stakes per manhole for the purpose of providing alignment to the
contractor
II. Flowline grade should be on the lath/stake for each flowline and direction noted
III. RIM grade should only be on the stake when provided in the plans
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01
U`
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VII. Storm Sewer & Inlet Staking
A. Centerline Staking — Straight Line Tangents
I. 1 offset stake every 200' on even stations
II. Grades are to flowline of pipe unless otherwise shown on plans
III. Stakes at every grade break
IV. Cut sheets are required on all staking
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking — Curves
I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should
be set at a 25' interval
II. Staking of radius points of greater than 100' may be omitted
C. Storm Drain Inlets
I. Staking distances should be measured from end of wing
II. Standard 10' Inlet = 16.00' total length
III. Recessed 10' Inlet = 20.00' total length
IV. Standard double 10' inlet = 26.67' total length
V. Recessed double 10' inlet = 30.67' total length
D. Storm Drain Manholes
I. 2 offset stakes per manhole for the purpose of providing alignment to the
contractor
Il. Flowline grade should be on the lath/stake for each flowline and direction noted
III. RIM grade should only be on the stake when provided in the plans
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Page 12 of 22
BACK
C30E FAahr- R.ELW.)
POINT #
`I
HIA ELEVATION
Example Storm Inlet Stakes
FRONT
(SIDE FACING
NQ FLAGGING REQUIRED
IN LIEU OF PINK PAINTED LATH
IDENTIFIES M-1101-1
END OF THE WING
BEING STAKED
INLET STATION
[IF NOTED ON PLANS]
IDENTIFIES GRADE
TO TOP OF CURB
IDENTIFIES GRADE
TO FLO4NNE
BACK
{SUE FA13NG R.QW-)
POINT 0 Q
HUB ELEV,knm c
FRONT
(SIDE FACING
n
r
2
m IDENTIFIES 1lHICH
END OF THE YdNG
BEING STAKED
TA
a
ITL
c7
I
DISTANCES FOR INLETS �_L1
STANDARD 10' - 16'
RECESSED W - 20'
STANDARD DUJBL-E 10' — 26.67
HUB%MM TACK T*— — — — — — — — RECESSED QUJIBL£ 10= =30_67
I I
9kC}K OF INLET
H
I Y. Cti
BACK OF Ci1RD
FLOYLINE FACE OF INLET FACE DF INLET
EDGE OF PAVEMENT EDGE OF PAVEMENT
EDGE OF PAVEMENT
BACK OF CURB
FLDl4UNE — — —
EDGE OF PAVEMENT
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VIII. Curb and Gutter Staking
A. Centerline Staking —Straight Line Tangents
V. 1 offset stake every 50' on even stations
VI. Grades are to top of curb unless otherwise shown on plans
VI I. Stakes at every grade break
VIII. Cut sheets are required on all staking
Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker
B. Centerline Staking— Curves
III. If arc length is greater than 100', POC (Point of Curvature) offset stakes should
be set at a 25' interval
IV. Staking of radius points of greater than 100' may be omitted
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HUB
Example Curb & Gutter Stakes
FRONT
(SIDE FACING q)
a FRONT IOENnFlES END
F I ��-{y \ f } N T {SUE FkCINC ¢j P41NT OF
f e! T GENT
(SIDE FACING) IDENTIFIES ES START PC FRONT
FACING}
PONT OF CURVATURE 4
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4 L C
I! PT
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SACK bF CURB CR F/C
(SIDE FACING R.4.Vi.) FOR FACE OF CUPS Tf° Q �
y + z N III I
PUNT #
N III I
III I
IOENrnFIEs caRhoE 13
p TIc TD TOP OF CUM o
0
ELEVAl1GN o + RADIUS POINTS — I I, I,
�
NO FLAGGING REQUIRED I 1
IN LIEU OF PINK PAINTED LATH
�Iq�'4r l�Jf lr f t
TOP OF CURET �f
BACK OF CURB x {r x
I P,
rxx
FACE OF CURB L —
FLOVYLI NE
EDGE OF PAVEMENT
Example Curb & Gutter Stakes at Intersection
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r
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Page 16 of 22
IX. Cut Sheets
A. Date of field work
B. Staking Method (GPS, total station)
C. Project Name
D. City Project Number (Example: C01234)
E. Location (Address, cross streets, GPS coordinate)
F. Survey company name
G. Crew chief name
H. A blank template can be obtained from the survey superintendent (see item I above)
Standard City Cut Sheet
Date:
❑ TOTAL
Staking Method: ❑ GPS STATION
LOCATION:
CONSULTANT/CONTRACTOR
SURVEY CREW INITIALS
City Project
Number:
Project Name:
❑ OTHER
ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED.
PT #
STATION
OFFSET
-LT/+RT
DESCRIPTION
PROP.
GRADE
STAKED
ELEV.
-CUT
+ FILL
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X. As -built Survey
A. Definition and Purpose
The purpose of an as -built survey is to verify the asset was installed in the proper location
and grade. Furthermore, the information gathered will be used to supplement the City's GIS
data and must be in the proper format when submitted. See section IV.
As -built survey should include the following (additional items may be requested):
Manholes
Top of pipe elevations every 250 feet
Horizontal and vertical points of inflection, curvature, etc. (All Fittings)
Cathodic protection test stations
Sampling stations
Meter boxes/vaults (All sizes)
Fire lines
Fire hydrants
Gate valves (rim and top of nut)
Plugs, stub -outs, dead-end lines
Air Release valves (Manhole rim and vent pipe)
Blow off valves (Manhole rim and valve lid)
Pressure plane valves
Cleaning wyes
Clean outs
Casing pipe (each end)
Inverts of pipes
Turbo Meters
E:\2019.000.000\2019.716.001 - Candleridge Park Erosion Control - FW\02 Documents\Project Manual\1 - 100%
Submittal\B - Div 01-General Requirements\01 7123.16.01_Attachment A_Survey Staking Standards.docx
Page 18 of 22
B. Example Deliverable
A hand written red line by the field surveyor is acceptable in most cases. This should be
a copy of the plans with the point number noted by each asset. If the asset is missing,
then the surveyor should write "NOT FOUND" to notify the City.
E:\2019.000.000\2019.716.001 - Candleridge Park Erosion Control - FW\02 Documents\Project Manual\1 - 100%
Submittal\B - Div 01-General Requirements\01 7123.16.01_Attachment A_Survey Staking Standards.docx
Page 19 of 22
E:\2019.000.000\2019.716.001 - Candleridge Park Erosion Control - FW\02 Documents\Project Manual\1 - 100%
Submittal\B - Div 01-General Requirements\01 7123.16.01_Attachment A_Survey Staking Standards.docx
Page 20 of 22
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Page 23 of 24
Obviously the .csv or Axt file cannot be signed/sealed by a surveyor in the format
requested. This is just an example and all this information should be noted when
delivered to the City so it is clear to what coordinate system the data is in.
POINT NO.
NORTHING
EA5TING ELEV.
DESCRIPTION
1
69462WAW
2296079.165
726-09 55MH RIM
2
6946260.03
2296062.141
725.668 GV RIM
3
6946307.399
229b038.306
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4
6946220.582
2296011,025
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5
6946195.23
2296015.116
722.123 GV RIM
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6
6946190.526
2296022.721
722.125 FH
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7
694613G.012
2295992.115
719.448 WM RIM
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G94150022r,7
2295419.133
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4
6946003.056
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11
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15
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17
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19
6945768.563
2295778.424
710,086 GV RIM
20
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21
6945723.219
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29
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6945383.53
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6945321.228
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E:\2019.000.000\2019.716.001 - Candleridge Park Erosion Control - FW\02 Documents\Project Manual\1 - 100%
Submittal\B - Div 01-General Requirements\01 7123.16.01_Attachment A_Survey Staking Standards.docx
Page 24 of 25
C. Other preferred as -built deliverable
Some vendors have indicated that it is easier to deliver this information in a different
format. Below is an example spreadsheet that is also acceptable and can be obtained by
request from the survey superintendent.
E:\2019.000.000\2019.716.001 - Candleridge Park Erosion Control - FW\02 Documents\Project Manual\1 - 100%
Submittal\B - Div 01-General Requirements\01 7123.16.01_Attachment A_Survey Staking Standards.docx
Page 25 of 26
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Page 26 of 26
017423-1
CLEANING
Page 1 of 4
1 SECTION 0174 23
2 CLEANING
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Intermediate and final cleaning for Work not including special cleaning of closed
7 systems specified elsewhere
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 C. Related Specification Sections include, but are not necessarily limited to:
11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1 — General Requirements
13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Work associated with this Item is considered subsidiary to the various Items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20
A. Scheduling
21
1. Schedule cleaning operations so that dust and other contaminants disturbed by
22
cleaning process will not fall on newly painted surfaces.
23
2. Schedule final cleaning upon completion of Work and immediately prior to final
24
inspection.
25
1.5
SUBMITTALS [NOT USED]
26
1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
27
1.7
CLOSEOUT SUBMITTALS [NOT USED]
28
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29
1.9
QUALITY ASSURANCE [NOT USED]
30
1.10
STORAGE, AND HANDLING
31
A. Storage and Handling Requirements
32
1. Store cleaning products and cleaning wastes in containers specifically designed for
33
those materials.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
01 74 23 - 2
CLEANING
Page 2 of 4
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART2- PRODUCTS
4 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
5 2.2 MATERIALS
6 A. Cleaning Agents
7 1. Compatible with surface being cleaned
8 2. New and uncontaminated
9 3. For manufactured surfaces
10 a. Material recommended by manufacturer
11 2.3 ACCESSORIES [NOT USED]
12 2.4 SOURCE QUALITY CONTROL [NOT USED]
13 PART 3 - EXECUTION
14
3.1
INSTALLERS [NOT USED]
15
3.2
EXAMINATION [NOT USED]
16
3.3
PREPARATION [NOT USED]
17
3.4
APPLICATION [NOT USED]
18
3.5
REPAIR / RESTORATION [NOT USED]
19
3.6
RE -INSTALLATION [NOT USED]
20
3.7
FIELD [OR] SITE QUALITY CONTROL [NOT USED]
21
3.8
SYSTEM STARTUP [NOT USED]
22
3.9
ADJUSTING [NOT USED]
23
3.10
CLEANING
24 A. General
25 1. Prevent accumulation of wastes that create hazardous conditions.
26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of
27 governing authorities.
28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in
29 storm or sanitary drains or sewers.
30 4. Dispose of degradable debris at an approved solid waste disposal site.
31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
32 alternate manner approved by City and regulatory agencies.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
01 74 23 - 3
CLEANING
Page 3 of 4
6. Handle materials in a controlled manner with as few handlings as possible.
7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with
this project.
8. Remove all signs of temporary construction and activities incidental to construction
of required permanent Work.
9. If project is not cleaned to the satisfaction of the City, the City reserves the right to
have the cleaning completed at the expense of the Contractor.
10. Do not burn on -site.
B. Intermediate Cleaning during Construction
1. Keep Work areas clean so as not to hinder health, safety or convenience of
personnel in existing facility operations.
2. At maximum weekly intervals, dispose of waste materials, debris and rubbish.
3. Confine construction debris daily in strategically located container(s):
a. Cover to prevent blowing by wind
b. Store debris away from construction or operational activities
c. Haul from site at a minimum of once per week
4. Vacuum clean interior areas when ready to receive finish painting.
a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance.
5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which
may become airborne or transported by flowing water during the storm.
C. Interior Final Cleaning
1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other
foreign materials from sight -exposed surfaces.
2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean.
3. Wash and shine glazing and mirrors.
4. Polish glossy surfaces to a clear shine.
5. Ventilating systems
a. Clean permanent filters and replace disposable filters if units were operated
during construction.
b. Clean ducts, blowers and coils if units were operated without filters during
construction.
6. Replace all burned out lamps.
7. Broom clean process area floors.
8. Mop office and control room floors.
D. Exterior (Site or Right of Way) Final Cleaning
1. Remove trash and debris containers from site.
a. Re -seed areas disturbed by location of trash and debris containers in accordance
with Section 32 92 13.
2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
that may hinder or disrupt the flow of traffic along the roadway.
3. Clean any interior areas including, but not limited to, vaults, manholes, structures,
junction boxes and inlets.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
1
2
3
4
5
6
7
10
01 74 23 - 4
CLEANING
Page 4 of 4
4. If no longer required for maintenance of erosion facilities, and upon approval by
City, remove erosion control from site.
5. Clean signs, lights, signals, etc.
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
017719-1
CLOSEOUT REQUIREMENTS
Pagel of 3
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0177 19
CLOSEOUT REQUIREMENTS
5 A. Section Includes:
6 1. The procedure for closing out a contract
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 — General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid.
15 No separate payment will be allowed for this Item.
16 1.3 REFERENCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18 A. Guarantees, Bonds and Affidavits
19 1. No application for final payment will be accepted until all guarantees, bonds,
20 certificates, licenses and affidavits required for Work or equipment as specified are
21 satisfactorily filed with the City.
22 B. Release of Liens or Claims
23 1. No application for final payment will be accepted until satisfactory evidence of
24 release of liens has been submitted to the City.
25 1.5 SUBMITTALS
26 A. Submit all required documentation to City's Project Representative.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
017719-2
CLOSEOUT REQUIREMENTS
Page 2 of 3
1.6 INFORMATIONAL SUBMITTALS [NOT USED]
2 1.7 CLOSEOUT SUBMITTALS [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION
5 3.1 INSTALLERS [NOT USED]
6 3.2 EXAMINATION [NOT USED]
7 3.3 PREPARATION [NOT USED]
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
3.4 CLOSEOUT PROCEDURE
A. Prior to requesting Final Inspection, submit:
1. Project Record Documents in accordance with Section 0178 39
2. Operation and Maintenance Data, if required, in accordance with Section 0178 23
B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section
01 74 23.
C. Final Inspection
1. After final cleaning, provide notice to the City Project Representative that the Work
is completed.
a. The City will make an initial Final Inspection with the Contractor present.
b. Upon completion of this inspection, the City will notify the Contractor, in
writing within 10 business days, of any particulars in which this inspection
reveals that the Work is defective or incomplete.
2. Upon receiving written notice from the City, immediately undertake the Work
required to remedy deficiencies and complete the Work to the satisfaction of the
City.
3. Upon completion of Work associated with the items listed in the City's written
notice, inform the City, that the required Work has been completed. Upon receipt
of this notice, the City, in the presence of the Contractor, will make a subsequent
Final Inspection of the project.
4. Provide all special accessories required to place each item of equipment in full
operation. These special accessory items include, but are not limited to:
a. Specified spare parts
b. Adequate oil and grease as required for the first lubrication of the equipment
c. Initial fill up of all chemical tanks and fuel tanks
d. Light bulbs
e. Fuses
£ Vault keys
g. Handwheels
h. Other expendable items as required for initial start-up and operation of all
equipment
39 D. Notice of Project Completion
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
017719-3
CLOSEOUT REQUIREMENTS
Page 3 of 3
1. Once the City Project Representative finds the Work subsequent to Final Inspection
to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).
E. Supporting Documentation
1. Coordinate with the City Project Representative to complete the following
additional forms:
a. Final Payment Request
b. Statement of Contract Time
c. Affidavit of Payment and Release of Liens
d. Consent of Surety to Final Payment
e. Pipe Report (if required)
£ Contractor's Evaluation of City
g. Performance Evaluation of Contractor
F. Letter of Final Acceptance
1. Upon review and acceptance of Notice of Project Completion and Supporting
Documentation, in accordance with General Conditions, City will issue Letter of
Final Acceptance and release the Final Payment Request for payment.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE -INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
01 78 23 - 1
OPERATION AND MAINTENANCE DATA
Page 1 of 5
1 SECTION 0178 23
2 OPERATION AND MAINTENANCE DATA
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Product data and related information appropriate for City's maintenance and
7 operation of products furnished under Contract
8 2. Such products may include, but are not limited to:
9 a. Traffic Controllers
10 b. Irrigation Controllers (to be operated by the City)
11 c. Butterfly Valves
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 — General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. Schedule
24 1. Submit manuals in final form to the City within 30 calendar days of product
25 shipment to the project site.
26 1.5 SUBMITTALS
27 A. Submittals shall be in accordance with Section 0133 00 . All submittals shall be
28 approved by the City prior to delivery.
29 1.6 INFORMATIONAL SUBMITTALS
30 A. Submittal Form
31 1. Prepare data in form of an instructional manual for use by City personnel.
32 2. Format
33 a. Size: 8 '/2 inches x 11 inches
34 b. Paper
35 1) 40 pound minimum, white, for typed pages
36 2) Holes reinforced with plastic, cloth or metal
37 c. Text: Manufacturer's printed data, or neatly typewritten
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
01 78 23 - 2
OPERATION AND MAINTENANCE DATA
Page 2 of 5
1 d. Drawings
2 1) Provide reinforced punched binder tab, bind in with text
3 2) Reduce larger drawings and fold to size of text pages.
4 e. Provide fly -leaf for each separate product, or each piece of operating
5 equipment.
6 1) Provide typed description of product, and major component parts of
7 equipment.
8 2) Provide indexed tabs.
9 f. Cover
10 1) Identify each volume with typed or printed title "OPERATING AND
11 MAINTENANCE INSTRUCTIONS".
12 2) List:
13 a) Title of Project
14 b) Identity of separate structure as applicable
15 c) Identity of general subject matter covered in the manual
16 3. Binders
17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers
18 b. When multiple binders are used, correlate the data into related consistent
19 groupings.
20 4. If available, provide an electronic form of the O&M Manual.
21 B. Manual Content
22 1. Neatly typewritten table of contents for each volume, arranged in systematic order
23 a. Contractor, name of responsible principal, address and telephone number
24 b. A list of each product required to be included, indexed to content of the volume
25 c. List, with each product:
26 1) The name, address and telephone number of the subcontractor or installer
27 2) A list of each product required to be included, indexed to content of the
28 volume
29 3) Identify area of responsibility of each
30 4) Local source of supply for parts and replacement
31 d. Identify each product by product name and other identifying symbols as set
32 forth in Contract Documents.
33 2. Product Data
34 a. Include only those sheets which are pertinent to the specific product.
35 b. Annotate each sheet to:
36 1) Clearly identify specific product or part installed
37 2) Clearly identify data applicable to installation
38 3) Delete references to inapplicable information
39 3. Drawings
40 a. Supplement product data with drawings as necessary to clearly illustrate:
41 1) Relations of component parts of equipment and systems
42 2) Control and flow diagrams
43 b. Coordinate drawings with information in Project Record Documents to assure
44 correct illustration of completed installation.
45 c. Do not use Project Record Drawings as maintenance drawings.
46 4. Written text, as required to supplement product data for the particular installation:
47 a. Organize in consistent format under separate headings for different procedures.
48 b. Provide logical sequence of instructions of each procedure.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
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OPERATION AND MAINTENANCE DATA
Page 3 of 5
5. Copy of each warranty, bond and service contract issued
a. Provide information sheet for City personnel giving:
1) Proper procedures in event of failure
2) Instances which might affect validity of warranties or bonds
C. Manual for Materials and Finishes
1. Submit 5 copies of complete manual in final form.
2. Content, for architectural products, applied materials and finishes:
a. Manufacturer's data, giving full information on products
1) Catalog number, size, composition
2) Color and texture designations
3) Information required for reordering special manufactured products
b. Instructions for care and maintenance
1) Manufacturer's recommendation for types of cleaning agents and methods
2) Cautions against cleaning agents and methods which are detrimental to
product
3) Recommended schedule for cleaning and maintenance
3. Content, for moisture protection and weather exposure products:
a. Manufacturer's data, giving full information on products
1) Applicable standards
2) Chemical composition
3) Details of installation
b. Instructions for inspection, maintenance and repair
D. Manual for Equipment and Systems
1. Submit 5 copies of complete manual in final form.
2. Content, for each unit of equipment and system, as appropriate:
a. Description of unit and component parts
1) Function, normal operating characteristics and limiting conditions
2) Performance curves, engineering data and tests
3) Complete nomenclature and commercial number of replaceable parts
b. Operating procedures
1) Start-up, break-in, routine and normal operating instructions
2) Regulation, control, stopping, shut -down and emergency instructions
3) Summer and winter operating instructions
4) Special operating instructions
c. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Alignment, adjusting and checking
d. Servicing and lubrication schedule
1) List of lubricants required
e. Manufacturer's printed operating and maintenance instructions
f. Description of sequence of operation by control manufacturer
1) Predicted life of parts subject to wear
2) Items recommended to be stocked as spare parts
g. As installed control diagrams by controls manufacturer
h. Each contractor's coordination drawings
1) As installed color coded piping diagrams
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
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Page 4 of 5
i. Charts of valve tag numbers, with location and function of each valve
j. List of original manufacturer's spare parts, manufacturer's current prices, and
recommended quantities to be maintained in storage
k. Other data as required under pertinent Sections of Specifications
3. Content, for each electric and electronic system, as appropriate:
a. Description of system and component parts
1) Function, normal operating characteristics, and limiting conditions
2) Performance curves, engineering data and tests
3) Complete nomenclature and commercial number of replaceable parts
b. Circuit directories of panelboards
1) Electrical service
2) Controls
3) Communications
c. As installed color coded wiring diagrams
d. Operating procedures
1) Routine and normal operating instructions
2) Sequences required
3) Special operating instructions
e. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Adjustment and checking
f. Manufacturer's printed operating and maintenance instructions
g. List of original manufacturer's spare parts, manufacturer's current prices, and
recommended quantities to be maintained in storage
h. Other data as required under pertinent Sections of Specifications
4. Prepare and include additional data when the need for such data becomes apparent
during instruction of City's personnel.
30 1.7 CLOSEOUT SUBMITTALS [NOT USED]
31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
32 1.9 QUALITY ASSURANCE
33 A. Provide operation and maintenance data by personnel with the following criteria:
34 1. Trained and experienced in maintenance and operation of described products
35 2. Skilled as technical writer to the extent required to communicate essential data
36 3. Skilled as draftsman competent to prepare required drawings
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
01 78 23 - 5
OPERATION AND MAINTENANCE DATA
Page 5 of 5
1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
2 1.11 FIELD [SITE] CONDITIONS [NOT USED]
3 1.12 WARRANTY [NOT USED]
4 PART 2 - PRODUCTS [NOT USED]
5 PART 3 - EXECUTION [NOT USED]
6 END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
8/31/2012
D. Johnson
1.5.A.1 — title of section removed
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
01 78 39 - 1
PROJECT RECORD DOCUMENTS
Page 1 of 4
1 SECTION 0178 39
2 PROJECT RECORD DOCUMENTS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Work associated with the documenting the project and recording changes to project
7 documents, including:
8 a. Record Drawings
9 b. Water Meter Service Reports
10 c. Sanitary Sewer Service Reports
11 d. Large Water Meter Reports
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 — General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
23 1.5 SUBMITTALS
24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
25 City's Project Representative.
26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29 1.9 QUALITY ASSURANCE
30 A. Accuracy of Records
31 1. Thoroughly coordinate changes within the Record Documents, making adequate
32 and proper entries on each page of Specifications and each sheet of Drawings and
33 other Documents where such entry is required to show the change properly.
34 2. Accuracy of records shall be such that future search for items shown in the Contract
35 Documents may rely reasonably on information obtained from the approved Project
36 Record Documents.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
017839-2
PROJECT RECORD DOCUMENTS
Page 2 of 4
1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of
2 information that the change has occurred.
3 4. Provide factual information regarding all aspects of the Work, both concealed and
4 visible, to enable future modification of the Work to proceed without lengthy and
5 expensive site measurement, investigation and examination.
6 1.10 STORAGE AND HANDLING
7 A. Storage and Handling Requirements
8 1. Maintain the job set of Record Documents completely protected from deterioration
9 and from loss and damage until completion of the Work and transfer of all recorded
10 data to the final Project Record Documents.
11 2. In the event of loss of recorded data, use means necessary to again secure the data
12 to the City's approval.
13 a. In such case, provide replacements to the standards originally required by the
14 Contract Documents.
15 1.11 FIELD [SITE] CONDITIONS [NOT USED]
16 1.12 WARRANTY [NOT USED]
17 PART 2 - PRODUCTS
18 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED]
19 2.2 RECORD DOCUMENTS
20 A. Job set
21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
22 charge to the Contractor, 1 complete set of all Documents comprising the Contract.
23 B. Final Record Documents
24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide
25 the City 1 complete set of all Final Record Drawings in the Contract.
26 2.3 ACCESSORIES [NOT USED]
27 2.4 SOURCE QUALITY CONTROL [NOT USED]
28 PART 3 - EXECUTION
29 3.1 INSTALLERS [NOT USED]
30 3.2 EXAMINATION [NOT USED]
31 3.3 PREPARATION [NOT USED]
32 3.4 MAINTENANCE DOCUMENTS
33 A. Maintenance of Job Set
34 1. Immediately upon receipt of the job set, identify each of the Documents with the
35 title, "RECORD DOCUMENTS - JOB SET".
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
017839-3
PROJECT RECORD DOCUMENTS
Page 3 of 4
1 2. Preservation
2 a. Considering the Contract completion time, the probable number of occasions
3 upon which the job set must be taken out for new entries and for examination,
4 and the conditions under which these activities will be performed, devise a
5 suitable method for protecting the job set.
6 b. Do not use the job set for any purpose except entry of new data and for review
7 by the City, until start of transfer of data to final Project Record Documents.
8 c. Maintain the job set at the site of work.
9 3. Coordination with Construction Survey
10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23,
11 clearly mark any deviations from Contract Documents associated with
12 installation of the infrastructure.
13 4. Making entries on Drawings
14 a. Record any deviations from Contract Documents.
15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the
16 change by graphic line and note as required.
17 c. Date all entries.
18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected.
19 e. In the event of overlapping changes, use different colors for the overlapping
20 changes.
21 5. Conversion of schematic layouts
22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping,
23 ducts, and similar items, are shown schematically and are not intended to
24 portray precise physical layout.
25 1) Final physical arrangement is determined by the Contractor, subject to the
26 City's approval.
27 2) However, design of future modifications of the facility may require
28 accurate information as to the final physical layout of items which are
29 shown only schematically on the Drawings.
30 b. Show on the job set of Record Drawings, by dimension accurate to within 1
31 inch, the centerline of each run of items.
32 1) Final physical arrangement is determined by the Contractor, subject to the
33 City's approval.
34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in
35 ceiling plenum", "exposed", and the like).
36 3) Make all identification sufficiently descriptive that it may be related
37 reliably to the Specifications.
38 c. The City may waive the requirements for conversion of schematic layouts
39 where, in the City's judgment, conversion serves no useful purpose. However,
40 do not rely upon waivers being issued except as specifically issued in writing
41 by the City.
42 B. Final Project Record Documents
43 1. Transfer of data to Drawings
44 a. Carefully transfer change data shown on the job set of Record Drawings to the
45 corresponding final documents, coordinating the changes as required.
46 b. Clearly indicate at each affected detail and other Drawing a full description of
47 changes made during construction, and the actual location of items.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
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PROJECT RECORD DOCUMENTS
Page 4 of 4
c. Call attention to each entry by drawing a "cloud" around the area or areas
affected.
d. Make changes neatly, consistently and with the proper media to assure
longevity and clear reproduction.
2. Transfer of data to other Documents
a. If the Documents, other than Drawings, have been kept clean during progress of
the Work, and if entries thereon have been orderly to the approval of the City,
the job set of those Documents, other than Drawings, will be accepted as final
Record Documents.
b. If any such Document is not so approved by the City, secure a new copy of that
Document from the City at the City's usual charge for reproduction and
handling, and carefully transfer the change data to the new copy to the approval
of the City.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE -INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Candleridge Park Erosion Control Improvements
Project No. CO2717
Division 02
Existing Conditions
Division 03
Concrete
Division 11
Equipment
Division 26
Electrical
Division 31
Earthwork
Division 32
Exterior
Improvements
32 13 13- 1
CONCRETE PAVING
Pagel of 21
1 SECTION 32 13 13
2 CONCRETE PAVING
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section includes:
6 1. Finished pavement constructed of portland cement concrete including
7 monolithically poured curb on the prepared subgrade or other base course.
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None
10 C. Related Specification Sections include, but are not necessarily limited to:
11 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract
12 2. Division 1 - General Requirements
13 3. Section 32 0129 - Concrete Paving Repair
14 4. Section 32 13 73 - Concrete Paving Joint Sealants
15 1.2 PRICE AND PAYMENT PROCEDURES
16
A. Measurement
17
1. Measurement
18
a.
Measurement for this Item shall be by the square yard of completed and
19
accepted Concrete Pavement in its final position as measured from
20
construction documents for various:
21
1) Classes
22
2) Thicknesses
23
2. Payment
24
a.
The work performed and materials furnished in accordance with this Item will
25
be paid for at the unit price bid per square yard of Concrete Pavement.
26
3. The
price bid shall include:
27
a.
Shaping and fine grading the placement area
28
b.
Furnishing and applying all water required
29
c.
Furnishing, loading and unloading, storing, hauling and handling all concrete
30
ingredients including all freight and royalty involved
31
d.
Mixing, placing, finishing and curing all concrete
32
e.
Furnishing and installing all reinforcing steel
33
f.
Furnishing all materials and placing longitudinal, warping, expansion, and
34
contraction joints, including all steel dowels, dowel caps and load transmission
35
units required, wire and devices for placing, holding and supporting the steel
36
bar, load transmission units, and joint filler material in the proper position; for
37
coating steel bars where required by the Drawings
38
g.
Sealing joints
39
h.
Monolithically poured curb
40
i.
Cleanup
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
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1.3 REFERENCES
A. Reference Standards
1. Reference standards cited in this specification refer to the current reference standard
published at the time of the latest revision date logged at the end of this
specification, unless a date is specifically cited.
2. ASTM International (ASTM):
a. A615/A615M, Deformed and Plain Billet -Steel Bars for Concrete
Reinforcement
b. C31, Standard Practice for Making and Curing Concrete Test Specimens in the
Field
c. C33, Concrete Aggregates
d. C39, Standard Test Method for Compressive Strength of Cylindrical Concrete
Specimens
e. C42, Standard Test Method for Obtaining and Testing Drilled Cores and Sawed
Beams of Concrete
f. C94/C94M, Standard Specifications for Ready -Mixed Concrete
g. C150, Portland Cement
h. C156, Water Retention by Concrete Curing Materials
i. C172, Standard Practice for Sampling Freshly Mixed Concrete
j. C260, Air Entraining Admixtures for Concrete
k. C309, Liquid Membrane -Forming Compounds for Curing Concrete, Type 2
1. C494, Chemical Admixtures for Concrete, Types "A", "D", "F" and "G"
m. C618, Coal Fly Ash and Raw or Calcined Natural Pozzolan for use as a Mineral
Admixture in Concrete
n. C881, Standard Specification for Epoxy -Resin -Base Bonding Systems for
Concrete
o. C 1064, Standard Test Method for Temperature of Freshly Mixed Hydraulic -
Cement Concrete
p. C1602, Standard Specification for Mixing Water Used in the Production of
Hydraulic Cement Concrete.
q. D698, Laboratory Compaction Characteristics of Soil Using Standard Effort
(12,400 ft-lbf/ft3)
3. American Concrete Institute (ACI):
a. ACI 305.1-06 Specification for Hot Weather Concreting
b. ACI 306.1-90, Standard Specification for Cold Weather Concreting
c. ACI 318
37 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
38 1.5 SUBMITTALS [NOT USED]
39 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS
40 A. Mix Design: submit for approval. See Item 2A.A.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13-3
CONCRETE PAVING
Page 3 of 21
1 1.7 CLOSEOUT SUBMITTALS [NOT USED]
2 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
3 1.9 QUALITY ASSURANCE [NOT USED]
4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
5 1.11 FIELD CONDITIONS
6 A. Weather Conditions
7 1. Place concrete when concrete temperature is between 40 and 100 degrees when
8 measured in accordance with ASTM C 1064 at point of placement.
9 2. Hot Weather Concreting
10 a. Take immediate corrective action or cease paving when the ambient
11 temperature exceeds 95 degrees.
12 b. Concrete paving operations shall be approved by the City when the concrete
13 temperature exceeds 100 degrees. See Standard Specification for Hot Weather
14 Concreting (ACI 305.1-06).
15 3. Cold Weather Concreting
16 a. Do not place when ambient temp in shade is below 40 degrees and falling.
17 Concrete may be placed when ambient temp is above 35 degrees and rising or
18 above 40 degrees.
19 b. Concrete paving operations shall be approved by the City when ambient
20 temperature is below 40 degrees. See Standard Specification for Cold Weather
21 Concreting (ACI 306.1-90).
22 B. Time: Place concrete after sunrise and no later than shall permit the finishing of the
23 pavement in natural light, or as directed by the City.
24 1.12 WARRANTY [NOT USED]
25 PART 2 - PRODUCTS
26 2.1 OWNER -FURNISHED PRODUCTS [NOT USED]
27 2.2 MATERIALS
28 A. Cementitious Material: ASTM C150.
29 B. Aggregates: ASTM C33.
30 C. Water: ASTM C1602.
31 D. Admixtures: When admixtures are used, conform to the appropriate specification:
32 1. Air -Entraining Admixtures for Concrete: ASTM C260.
33 2. Chemical Admixtures for Concrete: ASTM C494, Types "A", "D", "F" and "G."
34 3. Fly Ash
35 a. Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete:
36 ASTM C618.
37 b. Fly ash may be substituted at one pound per pound of cement up to 25% of the
38 specified cement content when such batch design is approved by the Engineer.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
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Page 4 of 21
E. Steel Reinforcement: ASTM A615.
F. Steel Wire Reinforcement: Not used for concrete pavement.
G. Dowels and Tie Bars
1. Dowel and tie bars: ASTM A615.
2. Dowel Caps
a. Provide dowel caps with enough range of movement to allow complete closure
of the expansion joint.
b. Caps for dowel bars shall be of the length shown on the Drawings and shall
have an internal diameter sufficient to permit the cap to freely slip over the bar.
c. In no case shall the internal diameter exceed the bar diameter by more 1/8 inch,
and one end of the cap shall be rightly closed.
3. Epoxy for Dowel and Tie Bars: ASTM C881.
a. See following table for approved producers of epoxies and adhesives
Pre -Qualified Producers of Epoxies and Adhesives
Product Name
Producer
Concresive 1420
BASF
HTE-50
Hilti
T 308 +
Powers Fasteners
P E 1000+
Powers Fasteners
C-6
Ramset-Redhead
Epcon G-5
Ramset-Redhead
Pro-Poxy-300 Fast Tube
Unitex
Shep-Poxy TxIII
CMC Construction Services
Ultrabond 1300 Tubes
Adhesives Technology
Ultrabone 2300 N.S. A-22-2300
Slow Set
Adhesives Technology
Dynapoxy EP-430
Pecora Corp.
EDOT
Simpson Strong Tie
ET22
Simpson Strong Tie
SET 22
Simpson Strong Tie
SpecPoxy 3000FS
SpecChem
b. Epoxy Use, Storage and Handling
1) Package components in airtight containers and protect from light and
moisture.
2) Include detailed instructions for the application of the material and all
safety information and warnings regarding contact with the components.
3) Epoxy label requirements
a) Resin or hardener components
b) Brand name
c) Name of manufacturer
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
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CONCRETE PAVING
Page 5 of 21
d) Lot or batch number
e) Temperature range for storage
f) Date of manufacture
g) Expiration date
h) Quantity contained
4) Store epoxy and adhesive components at temperatures recommended by the
manufacturer.
5) Do not use damaged or previously opened containers and any material that
shows evidence of crystallization, lumps skinning, extreme thickening, or
settling of pigments that cannot be readily dispersed with normal agitation.
6) Follow sound environmental practices when disposing of epoxy and
adhesive wastes.
7) Dispose of all empty containers separately.
8) Dispose of epoxy by completely emptying and mixing the epoxy before
disposal
H. Reinforcement Bar Chairs
1. Reinforcement bar chairs or supports shall be of adequate strength to support the
reinforcement bars and shall not bend or break under the weight of the
reinforcement bars or Contractor's personnel walking on the reinforcing bars.
2. Bar chairs may be made of metal (free of rust), precast mortar or concrete blocks or
plastic.
3. For approval of plastic chairs, representative samples of the plastic shall show no
visible indications of deterioration after immersion in a 5-percent solution of
sodium hydroxide for 120-hours.
4. Bar chairs maybe rejected for failure to meet any of the requirements of this
specification.
I. Joint Filler
1. Joint filler is the material placed in concrete pavement and concrete structures to
allow for the expansion and contraction of the concrete.
2. Wood Boards: Used as joint filler for concrete paving.
a. Boards for expansion joint filler shall be of the required size, shape and type
indicated on the Drawings or required in the specifications.
1) Boards shall be of selected stock of redwood or cypress. The boards shall
be sound heartwood and shall be free from sapwood, knots, clustered
birdseyes, checks and splits.
2) Joint filler, boards, shall be smooth, flat and straight throughout, and shall
be sufficiently rigid to permit ease of installation.
3) Boards shall be furnished in lengths equal to the width between
longitudinal joints, and may be furnished in strips or scored sheet of the
required shape.
3. Dimensions. The thickness of the expansion joint filler shall be shown on the
Drawings; the width shall be not less than that shown on the Drawings, providing
for the top seal space.
4. Rejection. Expansion joint filler may be rejected for failure to meet any of the
requirements of this specification.
46 J. Joint Sealants. Provide Joint Sealants in accordance with Section 32 13 73.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
32 13 13-6
CONCRETE PAVING
Page 6 of 21
1 K. Curing Materials
2 1. Membrane -Forming Compounds.
3 a. Conform to the requirements of ASTM C309, Type 2, white pigmented
4 compound and be of such nature that it shall not produce permanent
5 discoloration of concrete surfaces nor react deleteriously with the concrete.
6 b. The compound shall produce a firm, continuous uniform moisture -impermeable
7 film free from pinholes and shall adhere satisfactorily to the surfaces of damp
8
concrete.
9
c.
It shall, when applied to the damp concrete surface at the specified rate of
10
coverage, dry to touch in 1 hour and dry through in not more than 4 hours under
11
normal conditions suitable for concrete operations.
12
d.
It shall adhere in a tenacious film without running off or appreciably sagging.
13
e.
It shall not disintegrate, check, peel or crack during the required curing period.
14
f.
The compound shall not peel or pick up under traffic and shall disappear from
15
the surface of the concrete by gradual disintegration.
16
g.
The compound shall be delivered to the job site in the manufacturer's original
17
containers only, which shall be clearly labeled with the manufacturer's name,
18
the trade name of the material and a batch number or symbol with which test
19
samples may be correlated.
20
h.
When tested in accordance with ASTM C156 Water Retention by Concrete
21
Curing Materials, the liquid membrane -forming compound shall restrict the loss
22
of water present in the test specimen at the time of application of the curing
23
compound to not more than 0. 0 1 -oz.-per-2 inches of surface.
24 2.3 ACCESSORIES [NOT USED]
25 2.4 SOURCE QUALITY CONTROL
26 A. Mix Design
27 1. Concrete Mix Design and Control
28 a. At least 10 calendar days prior to the start of concrete paving operations, the
29 Contractor shall submit a design of the concrete mix it proposes to use and a
30 full description of the source of supply of each material component.
31 b. The design of the concrete mix shall produce a quality concrete complying with
32 these specifications and shall include the following information:
33 1) Design Requirements and Design Summary
34 2) Material source
35 3) Dry weight of cement/cubic yard and type
36 4) Dry weight of fly ash/cubic yard and type, if used
37 5) Saturated surface dry weight of fine and coarse aggregates/cubic yard
38 6) Design water/cubic yard
39 7) Quantities, type, and name of admixtures with manufacturer's data sheets
40 8) Current strength tests or strength tests in accordance with ACI 318
41 9) Current Sieve Analysis and -200 Decantation of fine and coarse aggregates
42 and date of tests
43 10) Fineness modulus of fine aggregate
44 11) Specific Gravity and Absorption Values of fine and coarse aggregates
45 12) L.A. Abrasion of coarse aggregates
46 c. Once mix design approved by City, maintain intent of mix design and
47 maximum water to cement ratio.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13-7
CONCRETE PAVING
Page 7 of 21
1 d. No concrete maybe placed on the job site until the mix design has been
2 approved by the City.
3 2. Quality of Concrete
4 a. Consistency
5 1) In general, the consistency of concrete mixtures shall be such that:
6 a) Mortar shall cling to the coarse aggregate
7 b) Aggregate shall not segregate in concrete when it is transported to the
8 place of deposit
9 c) Concrete, when dropped directly from the discharge chute of the mixer,
10 shall flatten out at the center of the pile, but the edges of the pile shall
11 stand and not flow
12 d) Concrete and mortar shall show no free water when removed from the
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mixer
e) Concrete shall slide and not flow into place when transported in metal
chutes at an angle of 30 degrees with the horizontal
f) Surface of the finished concrete shall be free from a surface film or
laitance
2) When field conditions are such that additional moisture is needed for the
final concrete surface finishing operation, the required water shall be
applied to the surface by hand sprayer only and be held to a minimum
amount.
3) The concrete shall be workable, cohesive, possess satisfactory finishing
qualities and be of the stiffest consistency that can be placed and vibrated
into a homogeneous mass.
4) Excessive bleeding shall be avoided.
5) If the strength or consistency required for the class of concrete being
produced is not secured with the minimum cement specified or without
exceeding the maximum water/cement ratio, the Contractor may use, or the
City may require, an approved cement dispersing agent (water reducer); or
the Contractor shall furnish additional aggregates, or aggregates with
different characteristics, or the Contractor may use additional cement in
order to produce the required results.
6) The additional cement may be permitted as a temporary measure, until
aggregates are changed and designs checked with the different aggregates
or cement dispersing agent.
7) The Contractor is solely responsible for the quality of the concrete
produced.
8) The City reserves the right to independently verify the quality of the
concrete through inspection of the batch plant, testing of the various
materials used in the concrete and by casting and testing concrete cylinders
or beams on the concrete actually incorporated in the pavement.
b. Standard Class
1) Unless otherwise shown on the Drawings or detailed specifications, the
standard class for concrete paving for streets and alleys is shown in the
following table:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
32 13 13-8
CONCRETE PAVING
Page 8 of 21
Standard Classes of Pavement Concrete
Class of
Minimum
28 Day Min.
Maximum
Course
Concrete'
Cementitious,
Compressive,
Water/
Aggregate
Lb./CY
Strength2
Cementitious,
Maximum
psi
Ratio
Size
inch
P
517
3600
0.49
1-1/2
H
564
4500
0.45
1-1/2
1. All exposed horizontal concrete shall have entrained -air.
2. Minimum Compressive Strength Required.
2) Machine -Laid concrete: Class P
3) Hand -Laid concrete: Class H
c. High Early Strength Concrete (HES)
1) When shown on the Drawings or allowed, provide Class HES concrete for
very early opening of pavements area or leaveouts to traffic.
2) Design class HES to meet the requirements of class specified for concrete
pavement and a minimum compressive strength of 2,600 psi in 24 hours,
unless other early strength and time requirements are shown on the
Drawings allowed.
3) No strength overdesign is required.
Standard Classes of Pavement Concrete
Class of
Minimum
28 Day Min.
Maximum
Course
Concrete'
Cementitious
Compressive
Water/
Aggregate
Lb./CY
Strength
Cementitious
Maximum
psi
Ratio
Size,
inch
HES
564
4500
0.45
1-1/2
d. Slump
1) Slump requirements for pavement and related concrete shall be as specified
in the following table:
Concrete Pavement S1umD Reauirements
Concrete Use
Recommended
Maximum
Design
Acceptable
and Placement
Placement
Slump,
Slump,
inch
inch
Slip-Form/Form-Riding Paving
1-1/2
3
Hand Formed Paving
4
5
Sidewalk, Curb and Gutter, Concrete
4
5
Valley Gutter and Other Miscellaneous
Concrete
2) No concrete shall be permitted with slump in excess of the maximums
shown.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
32 13 13-9
CONCRETE PAVING
Page 9 of 21
1 3) Any concrete mix failing to meet the above consistency requirements,
2 although meeting the slump requirements, shall be considered
3 unsatisfactory, and the mix shall be changed to correct such unsatisfactory
4 conditions.
5 PART 3 - EXECUTION
6 3.1 INSTALLERS [NOT USED]
7 3.2 EXAMINATION [NOT USED]
8 3.3 PREPARATION [NOT USED]
9 3.4 INSTALLATION
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A. Equipment
1. All equipment necessary for the construction of this item shall be on the project.
2. The equipment shall include spreading devices (augers), internal vibration,
tamping, and surface floating necessary to finish the freshly placed concrete in such
a manner as to provide a dense and homogeneous pavement.
3. Machine -Laid Concrete Pavement
a. Fixed -Form Paver. Fixed -form paving equipment shall be provided with forms
that are uniformly supported on a very firm subbase to prevent sagging under
the weight of machine.
b. Slip -Form Paver
1) Slip -form paving equipment shall be provided with traveling side forms of
sufficient dimensions, shape and strength so as to support the concrete
laterally for a sufficient length of time during placement.
2) City may reject use of Slip -Form Paver if paver requires over -digging and
impacts trees, mailboxes or other improvements.
4. Hand -Laid Concrete Pavement
a. Machines that do not incorporate these features, such as roller screeds or
vibrating screeds, shall be considered tools to be used in hand -laid concrete
construction, as slumps, spreading methods, vibration, and other procedures are
more common to hand methods than to machine methods.
5. City may reject equipment and stop operation if equipment does not meet
requirements.
B. Concrete Mixing and Delivery
1. Transit Batching: shall not be used — onsite mixing not permitted
2. Ready Mixed Concrete
a. The concrete shall be produced in an approved method conforming to the
requirements of this specification and ASTM C94/C94M. City shall have access
ready mix to get samples of materials.
b. City shall have access to ready mix plant to obtain material samples.
c. When ready -mix concrete is used, sample concrete per ASTM C94 Alternate
Procedure 2:
1) As the mixer is being emptied, individual samples shall be taken after the
discharge of approximately 15 percent and 85 percent of the load.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
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CONCRETE PAVING
Page 10 of 21
2) The method of sampling shall provide that the samples are representative of
widely separated portions, but not from the very ends of the batch.
d. The mixing of each batch, after all materials are in the drum, shall continue until
it produces a thoroughly mixed concrete of uniform mass as determined by
established mixer performance ratings and inspection, or appropriate uniformity
tests as described in ASTM C94.
e. The entire contents of the drum shall be discharged before any materials are
placed therein for the succeeding batch.
f. Retempering or remixing shall not be permitted.
3. Delivery
a. Deliver concrete at an interval not exceeding 30 minutes or as determined by
City to prevent cold joint.
4. Delivery Tickets
a. For all operations, the manufacturer of the concrete shall, before unloading,
furnish to the purchaser with each batch of concrete at the site a delivery ticket
on which is printed, stamped, or written, the following information to determine
that the concrete was proportioned in accordance with the approved mix design:
1) Name of concrete supplier
2) Serial number of ticket
3) Date
4) Truck number
5) Name of purchaser
6) Specific designation of job (name and location)
7) Specific class, design identification and designation of the concrete in
conformance with that employed in job specifications
8) Amount of concrete in cubic yards
9) Time loaded or of first mixing of cement and aggregates
10) Water added by receiver of concrete
11) Type and amount of admixtures
C. Subgrade
1. When manipulation or treatment of subgrade is required on the Drawings, the work
shall be performed in proper sequence with the preparation of the subgrade for
pavement.
2. The roadbed shall be excavated and shaped in conformity with the typical sections
and to the lines and grades shown on the Drawings or established by the City.
3. All holes, ruts and depressions shall be filled and compacted with suitable material
and, if required, the subgrade shall be thoroughly wetted and reshaped.
4. Irregularities of more than 1/2 inch., as shown by straightedge or template, shall be
corrected.
5. The subgrade shall be uniformly compacted to at least 95 percent of the maximum
density as determined by ASTM D698.
6. Moisture content shall be within minus 2 percent to plus 4 percent of optimum.
7. The prepared subgrade shall be wetted down sufficiently in advance of placing the
pavement to ensure its being in a firm and moist condition.
8. Sufficient subgrade shall be prepared in advance to ensure satisfactory prosecution
of the work.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
32 13 13- 11
CONCRETE PAVING
Page 11 of 21
1 9. The Contractor shall notify the City at least 24 hours in advance of its intention to
2 place concrete pavement.
3 10. After the specified moisture and density are achieved, the Contractor shall maintain
4 the subgrade moisture and density in accordance with this Section.
5 11. In the event that rain or other conditions may have adversely affected the condition
6 of the subgrade or base, additional tests may be required as directed by the City.
7 D. Placing and Removing Forms
8
1. Placing Forms
9
a. Forms for machine -laid concrete
10
1)
The side forms shall be metal, of approved cross section and bracing, of a
11
height no less than the prescribed edge thickness of the concrete section,
12
and a minimum of 10 feet in length for each individual form.
13
2)
Forms shall be of ample strength and staked with adequate number of pins
14
capable of resisting the pressure of concrete placed against them and the
15
thrust and the vibration of the construction equipment operating upon them
16
without appreciable springing, settling or deflection.
17
3)
The forms shall be free from warps, bends or kinks and shall show no
18
variation from the true plane for face or top.
19
4)
Forms shall be jointed neatly and tightly and set with exactness to the
20
established grade and alignment.
21
5)
Forms shall be set to line and grade at least 200 feet, where practicable, in
22
advance of the paving operations.
23
6)
In no case shall the base width be less than 8 inches for a form 8 inches or
24
more in height.
25
7)
Forms must be in firm contact with the subgrade throughout their length
26
and base width.
27
8)
If the subgrade becomes unstable, forms shall be reset, using heavy stakes
28
or other additional supports may be necessary to provide the required
29
stability.
30
b. Forms for hand -laid concrete
31
1)
Forms shall extend the full depth of concrete and be a minimum of 1-1/2
32
inches in thickness or equivalent when wooden forms are used, or be of a
33 gauge that shall provide equivalent rigidity and strength when metal forms
34 are used.
35 2) For curves with a radius of less than 250 feet, acceptable flexible metal or
36 wood forms shall be used.
37 3) All forms showing a deviation of 1/8 inch in 10 feet from a straight line
38 shall be rejected.
39 2. Settling. When forms settle over 1/8 inch under finishing operations, paving
40 operations shall be stopped the forms reset to line and grade and the pavement then
41 brought to the required section and thickness.
42 3. Cleaning. Forms shall be thoroughly cleaned after each use.
43 4. Removal.
44 a. Forms shall remain in place until the concrete has taken its final set.
45 b. Avoid damage to the edge of the pavement when removing forms.
46 c. Repair damage resulting from form removal and honeycombed areas with a
47 mortar mix within 24 hours after form removal unless otherwise approved.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13- 12
CONCRETE PAVING
Page 12 of 21
1 d. Clean joint face and repair honeycombed or damaged areas within 24 hours
2 after a bulkhead for a transverse construction joint has been removed unless
3 otherwise approved.
4 e. When forms are removed before 72 hours after concrete placement, promptly
5 apply membrane curing compound to the edge of the concrete pavement.
6 E. Placing Reinforcing Steel, Tie, and Dowel Bars
7 1. General
8 a. When reinforcing steel tie bars, dowels, etc., are required they shall be placed
9 as shown on the Drawings.
10 b. All reinforcing steel shall be clean, free from rust in the form of loose or
11 objectionable scale, and of the type, size and dimensions shown on the
12 Drawings.
13 c. Reinforcing bars shall be securely wired together at the alternate intersections
14 and all splices and shall be securely wired at each intersection dowel and load-
15 transmission unit intersected.
16 d. All bars shall be installed in their required position as shown on the Drawings.
17 e. The storing of reinforcing or structural steel on completed roadway slabs
18 generally shall be avoided and, where permitted, such storage shall be limited
19 to quantities and distribution that shall not induce excessive stresses.
20 2. Splices
21 a. Provide standard reinforcement splices by lapping and tying ends.
22 b. Comply with ACI 318 for minimum lap of spliced bars where not specified on
23 the Drawings.
24 3. Installation of Reinforcing Steel
25 a. All reinforcing bars and bar mats shall be installed in the slab at the required
26 depth below the finished surface and supported by and securely attached to bar
27 chairs installed on prescribed longitudinal and transverse centers as shown by
28 sectional and detailed drawings on the Drawings.
29 b. Chairs Assembly. The chair assembly shall be similar and equal to that shown
30 on the Drawings and shall be approved by the City prior to extensive
31 fabrication.
32 c. After the reinforcing steel is securely installed above the subgrade as specified
33 in Drawings and as herein prescribed, no loading shall be imposed upon the
34 bar mats or individual bars before or during the placing or finishing of the
35 concrete.
36 4. Installation of Dowel Bars
37 a. Install through the predrilled joint filler and rigidly support in true horizontal
38 and vertical positions by an assembly of bar chairs and dowel baskets.
39 b. Dowel Baskets
40 1) The dowels shall be held in position exactly parallel to surface and
41 centerline of the slab, by a dowel basket that is left in the pavement.
42 2) The dowel basket shall hold each dowel in exactly the correct position so
43 firmly that the dowel's position cannot be altered by concreting operations.
44 c. Dowel Caps
45 1) Install cap to allow the bar to move not less than 1-1/4 inch in either
46 direction.
47 5. Tie Bar and Dowel Placement
48 a. Place at mid -depth of the pavement slab, parallel to the surface.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13- 13
CONCRETE PAVING
Page 13 of 21
1 b. Place as shown on the Drawings.
2 6. Epoxy for Tie and Dowel Bar Installation
3 1) Epoxy bars as shown on the Drawings.
4 2) Use only drilling operations that do not damage the surrounding operations.
5 3) Blow out drilled holes with compressed air.
6 4) Completely fill the drilled hole with approved epoxy before inserting the tie
7 bar into the hole.
8 5) Install epoxy grout and bar at least 6 inches embedded into concrete.
9 F. Joints
10 1. Joints shall be placed where shown on the Drawings or where directed by the City.
11 2. The plane of all joints shall make a right angle with the surface of the pavement.
12 3. No joints shall have an error in alignment of more than 1/2 inch at any point.
13 4. Joint Dimensions
14 a. The width of the joint shall be shown on the Drawings, creating the joint
15 sealant reservoir.
16 b. The depth of the joint shall be shown on the Drawings.
17 c. Dimensions of the sealant reservoir shall be in accordance with manufacturer's
18 recommendations.
19 d. After curing, the joint sealant shall be 1/8 inch to 1/4 inch below the pavement
20 surface at the center of the joint.
21 5. Transverse Expansion Joints
22 a. Expansion joints shall be installed perpendicularly to the surface and to the
23 centerline of the pavement at the locations shown on the Drawings, or as
24 approved by the City.
25 b. Joints shall be of the design width, and spacing shown on the Drawings, or as
26 approved by the City.
27 c. Dowel bars, shall be of the size and type shown on the Drawings, or as
28 approved by the City, and shall be installed at the specified spacing.
29 d. Support dowel bars with dowel baskets.
30 e. Dowels shall restrict the free opening and closing of the expansion join and
31 shall not make planes of weaknesses in the pavement.
32 f. Greased Dowels for Expansion Joints.
33 1) Coat dowels with a thin film of grease or other approved de -bonding
34 material.
35 2) Provide dowel caps on the lubricated end of each dowel bar.
36 g. Proximity to Existing Structures. When the pavement is adjacent to or around
37 existing structures, expansions joints shall be constructed in accordance with
38 the details shown on the Drawings.
39 6. Transverse Contraction Joints
40 a. Contraction or dummy joints shall be installed at the locations and at the
41 intervals shown on the Drawings.
42 b. Joints shall be of the design width, and spacing shown on the Drawings, or as
43 approved by the City.
44 c. Dowel bars, shall be of the size and type shown on the Drawings, or as
45 approved by the City, and shall be installed at the specified spacing.
46 d. Joints shall be sawed into the completed pavement surface as soon after initial
47 concrete set as possible so that some raveling of the concrete is observed in
48 order for the sawing process to prevent uncontrolled shrinkage cracking.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
3213 13-14
CONCRETE PAVING
Page 14 of 21
1
e. The joints shall be constructed by sawing to a 1/4 inch width and to a depth of
2
1/3 inch (1/4 inch permitted if limestone aggregate used) of the actual
3
pavement thickness, or deeper if so indicated on the Drawings.
4
f. Complete sawing as soon as possible in hot weather conditions and within a
5
maximum of 24 hours after saw cutting begins under cool weather conditions.
6
g. If sharp edge joints are being obtained, the sawing process shall be sped up to
7
the point where some raveling is observed.
8
h. Damage by blade action to the slab surface and to the concrete immediately
9
adjacent to the joint shall be minimized.
10
i. Any portion of the curing membrane which has been disturbed by sawing
11
operations shall be restored by spraying the areas with additional curing
12
compound.
13 7. Transverse Construction Joints
14 a. Construction joints formed at the close of each day's work or when the placing
15 of concrete has been stopped for 30-minutes or longer shall be constructed by
16 use of metal or wooden bulkheads cut true to the section of the finished
17 pavement and cleaned.
18 b. Wooden bulkheads shall have a thickness of not less than 2-inch stock material.
19 c. Longitudinal bars shall be held securely in place in a plane perpendicular to the
20 surface and at right angles to the centerline of the pavement.
21 d. Edges shall be rounded to 1/4 inch radius.
22 e. Any surplus concrete on the subgrade shall be removed upon the resumption of
23 the work.
24 8. Longitudinal Construction Joints
25 a. Longitudinal construction joints shall be of the type shown on the Drawings.
26 9. Joint Filler
27 a. Joint filler shall be as specified in 2.2.I of the size and shape shown on the
28 Drawings.
29 b. Redwood Board joints shall be used for all pavement joints except for
30 expansion joints that are coincident with a butt joint against existing
31 pavements.
32 c. Boards with less than 25-percent of moisture at the time of installation shall be
33 thoroughly wetted on the job.
34 d. Green lumber of much higher moisture content is desirable and acceptable.
35 e. The joint filler shall be appropriately drilled to admit the dowel bars when
36 required.
37 f. The bottom edge of the filler shall extend to or slightly below the bottom of the
38 slab. The top edge shall be held approximately 1/2 inch below the finished
39 surface of the pavement in order to allow the finishing operations to be
40 continuous.
41 g. The joint filler may be composed of more than one length of board in the
42 length of joint, but no board of a length less than 6 foot may be used unless
43 otherwise shown on the Drawings.
44 h. After the removal of the side forms, the ends of the joints at the edges of the
45 slab shall be carefully opened for the entire depth of the slab.
46 10. Joint Sealing. Routine pavement joints shall be filled consistent with paving details
47 and as specified in Section 32 13 73. Materials shall generally be handled and
48 applied according to the manufacturer's recommendations as specified in Section
49 32 13 73.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13- 15
CONCRETE PAVING
Page 15 of 21
1 G. Placing Concrete
2 1. Unless otherwise specified in the Drawings, the finished pavement shall be
3 constructed monolithically and constructed by machined laid method unless
4 impractical.
5 2. The concrete shall be rapidly deposited on the subgrade in successive batches and
6 shall be distributed to the required depth and for the entire width of the pavement
7 by shoveling or other approved methods.
8 3. Any concrete not placed as herein prescribed within the time limits in the following
9 table will be rejected. Time begins when the water is added to the mixer.
10 Temperature — Time Reauirements
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Concrete Temperature
at point ofplacement)
Max Time — minutes
no retarding age
Max Time —minutes
with retarding agent)'
Non -Agitated Concrete
All temperatures
45
45
Agitated Concrete
Above 90°F
Time may be reduced by
City
75
Above 75°F thru 90°F
60
90
75°F and Below
60
120
1 Normal dosage of retarder.
4. Rakes shall not be used in handling concrete.
5. At the end of the day, or in case of unavoidable interruption or delay of more than
30 minutes or longer to prevent cold joints, a transverse construction joint shall be
placed in accordance with 3.41.7 of this Section.
6. Honeycombing
a. Special care shall be taken in placing and spading the concrete against the
forms and at all joints and assemblies so as to prevent honeycombing.
b. Excessive voids and honeycombing in the edge of the pavement, revealed by
the removal of the side forms, may be cause for rejection of the section of slab
in which the defect occurs.
H. Finishing
1. Machine
a. Tolerance Limits
1) While the concrete is still workable, it shall be tested for irregularities with
a 10 foot straightedge placed parallel to the centerline of the pavement so as
to bridge depressions and to touch all high spots.
2) Ordinates measured from the face of the straightedge to the surface of the
pavement shall at no place exceed 1/16 inch -per -foot from the nearest point
of contact.
3) In no case shall the maximum ordinate to a 10 foot straightedge be greater
than 1/8 inch.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
32 13 13- 16
CONCRETE PAVING
Page 16 of 21
1 4) Any surface not within the tolerance limits shall be reworked and
2 refinished.
3 b. Edging
4 1) The edges of slabs and all joints requiring edging shall be carefully tooled
5 with an edger of the radius required by the Drawings at the time the
6 concrete begins to take its "set" and becomes non -workable.
7 2) All such work shall be left smooth and true to lines.
8 2. Hand
9 a. Hand finishing permitted only in intersections and areas inaccessible to a
10 finishing machine.
11 b. When the hand method of striking off and consolidating is permitted, the
12 concrete, as soon as placed, shall be approximately leveled and then struck off
13 with screed bar to such elevation above grade that, when consolidated and
14 finished, the surface of the pavement shall be at the grade elevation shown on
15 the Drawings.
16 c. A slight excess of material shall be kept in front of the cutting edge at all times.
17 d. The straightedge and joint finishing shall be as prescribed herein.
18 I. Curing
19 1. The curing of concrete pavement shall be thorough and continuous throughout the
20 entire curing period.
21 2. Failure to provide proper curing as herein prescribed shall be considered as
22 sufficient cause for immediate suspension of the paving operations.
23 3. The curing method as herein specified does not preclude the use of any of the other
24 commonly used methods of curing, and the City may approve another method of
25 curing if so requested by the Contractor.
26 4. If any selected method of curing does not afford the desired results, the City shall
27 have the right to order that another method of curing be instituted.
28 5. After removal of the side forms, the sides of the slab shall receive a like coating
29 before earth is banked against them.
30 6. The solution shall be applied, under pressure with a spray nozzle, in such a manner
31 as to cover the entire surfaces thoroughly and completely with a uniform film.
32 7. The rate of application shall be such as to ensure complete coverage and shall not
33 exceed 20-square-yards-per-gallon of curing compound.
34 8. When thoroughly dry, it shall provide a continuous and flexible membrane, free
35 from cracks or pinholes, and shall not disintegrate, check, peel or crack during the
36 curing period.
37 9. If for any reason the seal is broken during the curing period, it shall be immediately
38 repaired with additional sealing solution.
39 10. When tested in accordance with ASTM C 15 6 Water Retention by Concrete Curing
40 Materials, the curing compound shall provide a film which shall have retained
41 within the test specimen a percentage of the moisture present in the specimen when
42 the curing compound was applied according to the following.
43 11. Contractor shall maintain and properly repair damage to curing materials on
44 exposed surfaces of concrete pavement continuously for a least 72 hours.
45 J. Monolithic Curbs
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13- 17
CONCRETE PAVING
Page 17 of 21
1
1.
Concrete for monolithic curb shall be the same as for the pavement and, if carried
2
back from the paving mixer, shall be placed within 20-minutes after being mixed.
3
2.
After the concrete has been struck off and sufficiently set, the exposed surfaces
4
shall be thoroughly worked with a wooden flat.
5
3.
The exposed edges shall be rounded by the use of an edging tool to the radius
6
indicated on the Drawings.
7
4.
All exposed surfaces of curb shall be brushed to a smooth and uniform surface.
8
K. Alley Paving
9
1.
Alley paving shall be constructed in accordance with the specifications for concrete
10
paving hereinbefore described, in accordance with the details shown on the
11
Drawings, and with the following additional provisions:
12
a. Alley paving shall be constructed to the typical cross sections shown on the
13
Drawings.
14
b. Transverse expansion joints of the type shown on the Drawings shall be
15
constructed at the property line on each end of the alley with a maximum
16
spacing of 600 feet.
17
c. Transverse contraction and dummy joints shall be placed at the spacing shown
18
on the Drawings.
19
d. Contraction and dummy joints shall be formed in such a manner that the
20
required joints shall be produced to the satisfaction of the City.
21
e. All joints shall be constructed in accordance with this specification and filled
22
in accordance with the requirement of Section 32 13 73.
23
L. Pavement Leaveouts
24 1. Pavement leaveouts as necessary to maintain and provide for local traffic shall be
25 provided at location indicated on the Drawings or as directed by the City.
26 2. The extent and location of each leaveout required and a suitable crossover
27 connection to provide for traffic movements shall be determined in the field by the
28 City.
29 3.5 REPAIR
30 A. Repair of concrete pavement concrete shall be consistent with the Drawings and as
31 specified in Section 32 0129.
32 3.6 RE -INSTALLATION [NOT USED]
33 3.7 SITE QUALITY CONTROL
34 A. Concrete Placement
35 1. Place concrete using a fully automated paving machine. Hand paving only
36 permitted in areas such as intersections where use of paving machine is not
37 practical
38 a. All concrete pavement not placed by hand shall be placed using a fully
39 automated paving machine as approved by the City.
40 b. Screeds will not be allowed except if approved by the City.
41 B. Testing of Materials
42 1. Samples of all materials for test shall be made at the expense of the City, unless
43 otherwise specified in the special provisions or in the Drawings.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13- 18
CONCRETE PAVING
Page 18 of 21
1 2. In the event the initial sampling and testing does not comply with the specifications,
2 all subsequent testing of the material in order to determine if the material is
3 acceptable shall be at the Contractor's expense at the same rate charged by the
4 commercial laboratories.
5 3. All testing shall be in accordance with applicable ASTM Standards and concrete
6 testing technician must be ACI certified or equivalent.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
C. Pavement Thickness Test
1. Upon completion of the work and before final acceptance and final payment shall
be made, pavement thickness test shall be made by the City.
2. The number of tests and location shall be at the discretion of the City, unless
otherwise specified in the special provisions or on the Drawings.
3. The cost for the initial pavement thickness test shall be the expense of the City.
4. In the event a deficiency in the thickness of pavement is revealed during normal
testing operations, subsequent tests necessary to isolate the deficiency shall be at
the Contractor's expense.
5. The cost for additional coring test shall be at the same rate charged by commercial
laboratories.
6. Where the average thickness of pavement in the area found to be deficient in
thickness by more than 0.20 inch, but not more than 0.50 inch, payment shall be
made at an adjusted price as specified in the following table.
22
23
7.
24
25
26
8.
27
28
9.
29
30
31
10
32
33
34
35
11
36
Deficiency in Thickness
Determined by Cores
Proportional Part
Of Contract Price
Inches
Allowed
0.00 — 0.20
100 percent
0.21 — 0.30
80 percent
0.31 — 0.40
70 percent
0.41 — 0.50
60 percent
Any area of pavement found deficient in thickness by more than 0.50 inch but not
more than 0.75 inch or 1/10 of the thickness specified on the Drawings, whichever
is greater, shall be evaluated by the City.
If, in the judgment of the City the area of such deficiency should not be removed
and replaced, there shall be no payment for the area retained.
If, in the judgment of the City, the area of such deficiency warrants removal, the
area shall be removed and replaced, at the Contractor's entire expense, with
concrete of the thickness shown on the Drawings.
Any area of pavement found deficient in thickness by more than 0.75 inch or more
than 1/10 of the plan thickness, whichever is greater, shall be removed and
replaced, at the Contractor's entire expense, with concrete of the thickness shown
on the Drawings.
No additional payment over the contract unit price shall be made for any pavement
of a thickness exceeding that required by the Drawings.
37 D. Pavement Strength Test
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Candleridge Park Erosion Control Improvements
Project No. CO2717
32 13 13- 19
CONCRETE PAVING
Page 19 of 21
1 1. During the progress of the work the City shall provide trained technicians to cast
2 test cylinders for conforming to ASTM C31, to maintain a check on the
3 compressive strengths of the concrete being placed.
4 2. After the cylinders have been cast, they shall remain on the job site and then
5 transported, moist cured, and tested by the City in accordance with ASTM C31 and
6 ASTM C39.
7 3. In each set, 1 of the cylinders shall be tested at 7 days, 2 cylinders shall be tested at
8 28 days, and 1 cylinder shall be held or tested at 56 days, if necessary.
9 4. If the 28 day test results indicate deficient strength, the Contractor may, at its option
10 and expense, core the pavement in question and have the cores tested by an
11 approved laboratory, in accordance with ASTM C42 and ACI 318 protocol, except
12 the average of all cores must meet 100 percent of the minimum specified strength,
13 with no individual core resulting in less than 90 percent of design strength, to
14 override the results of the cylinder tests.
15 5. Cylinders and/or cores must meet minimum specified strength. If cylinders do not
16 meet minimum specified strength, additional cores shall be taken to identify the
17 limits of deficient concrete pavement at the expense of the Contractor.
18 6. Cylinders and/or cores must meet minimum specified strength. Pavement not
19 meeting the minimum specified strength shall be subject to the money penalties or
20 removal and placement at the Contractor's expense as show in the following table.
21
Percent Deficient
Percent of Contract Price Allowed
Greater Than 0 percent - Not More Than 10 percent
90- ercent
Greater Than 10 percent - Not More Than 15 percent
80- ercent
Greater Than 15 percent
0-percent or removed and replaced at the entire cost
and expense of Contractor as directed by City
22
23 7. The amount of penalty shall be deducted from payment due to Contractor; such as
24 penalty deducted is to defray the cost of extra maintenance.
25 8. The strength requirements for structures and other concrete work are not altered by
26 the special provision.
27 9. No additional payment over the contract unit price shall be made for any pavement
28 of strength exceeding that required by the Drawings and/or specifications.
29 E. Cracked Concrete Acceptance Policy
30 1. If cracks exist in concrete pavement upon completion of the project, the Project
31 Inspector shall make a determination as to the need for action to address the
32 cracking as to its cause and recommended remedial work.
33 2. If the recommended remedial work is routing and sealing of the cracks to protect
34 the subgrade, the Inspector shall make the determination as to whether to rout and
35 seal the cracks at the time of final inspection and acceptance or at any time prior to
36 the end of the project maintenance period. The Contractor shall perform the routing
37 and sealing work as directed by the Project Inspector, at no cost to the City,
38 regardless of the cause of the cracking.
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
3213 13 - 20
CONCRETE PAVING
Page 20 of 21
1 3. If remedial work beyond routing and sealing is determined to be necessary, the
2 Inspector and the Contractor will attempt to agree on the cause of the cracking. If
3 agreement is reached that the cracking is due to deficient materials or workmanship,
4 the Contractor shall perform the remedial work at no cost to the City. Remedial
5 work in this case shall be limited to removing and replacing the deficient work with
6 new material and workmanship that meets the requirements of the contract.
7 4. If remedial work beyond routing and sealing is determined to be necessary, and the
8 Inspector and the Contractor agree that the cause of the cracking is not deficient
9 materials or workmanship, the City may request the Contractor to provide an
10 estimate of the cost of the necessary remedial work and/or additional work to
11 address the cause of the cracking, and the Contractor will perform that work at the
12 agreed -upon price if the City elects to do so.
13 5. If remedial work is necessary, and the Inspector and the Contractor cannot agree on
14 the cause of the cracking, the City may hire an independent geotechnical engineer
15 to perform testing and analysis to determine the cause of the cracking. The
16 contractor will escrow 50 percent of the proposed costs of the geotechnical contract
17 with the City. The Contractor and the City shall use the services of a geotechnical
18 firm acceptable to both parties.
19 6. If the geotechnical engineer determines that the primary cause of the cracking is the
20 Contractor's deficient material or workmanship, the remedial work will be
21 performed at the Contractor's entire expense and the Contractor will also reimburse
22 the City for the balance of the cost of the geotechnical investigation over and above
23 the amount that has previously been escrowed. Remedial work in this case shall be
24 limited to removing and replacing the deficient work with new material and
25 workmanship that meets the requirements of the contract.
26
7. If the geotechnical engineer determines that the primary cause of the cracking is not
27
the Contractor's deficient material or workmanship, the City will return the
28
escrowed funds to the Contractor. The Contractor, on request, will provide the City
29
an estimate of the costs of the necessary remedial work and/or additional work and
30
will perform the work at the agreed -upon price as directed by the City.
31
3.8
SYSTEM STARTUP [NOT USED]
32
3.9
ADJUSTING [NOT USED]
33
3.10
CLEANING [NOT USED]
34
3.11
CLOSEOUT ACTIVITIES [NOT USED]
35
3.12
PROTECTION [NOT USED]
36
3.13
MAINTENANCE [NOT USED]
37
3.14
ATTACHMENTS [NOT USED]
38
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
32 13 13 - 21
CONCRETE PAVING
Page 21 of 21
END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
12/20/2012
1.2.A — Modified items to be included in price bid
05/21/2014
Doug Rademaker
2.2.D — Modified to clarify acceptable fly ash substitution in concrete paving
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised December 20, 2012
Division 33
Utilities
Division 34
Transportation
Appendi
x
GC-4.01 Availability of Lands
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
GC-4.02 Subsurface and Physical Conditions
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
GEOTECHNICAL ENGINEERING STUDY
CHANNEL REFURBISHMENT
FRENCH LAKE DRIVE
FORT WORTH, TEXAS
Presented To:
Baird, Hampton and Brown
September 2019
PROJECT NO. 110-19-114
-�o CMJ ENGINEERING, INC.
September 23, 2019
Report No. 110-19-114
Baird, Hampton and Brown
3801 William D. Tate, Suite 500
Grapevine, Texas 76051
Attn: Mr. Konstantine Bakintas, P.E.
GEOTECHNICAL ENGINEERING STUDY
CHANNEL REFURBISHMENT
FRENCH LAKE DRIVE
FORT WORTH, TEXAS
Dear Mr. Bakintas:
7636 Pebble Drive
Fort Worth, Texas 76118
www.cmjengr.com
Submitted here are the results of the geotechnical engineering services for the referenced project.
This study was performed in general accordance with CMJ Proposal No. 19-7301 dated May 13,
2019 and were authorized by Ms. Skylar Wierzbicki, P.E. on August 5, 2019.
Engineering analyses and recommendations are contained in the text section of the report.
Results of our field and laboratory services are included in the appendix of the report. We would
appreciate the opportunity to be considered for providing the materials engineering and
geotechnical observation services during the construction phase of this project.
We appreciate the opportunity to be of service to Baird, Hampton and Brown. Please contact us if
you have any questions or if we may be of further service at this time.
Respectfully submitted,
CMJ ENGINEERING, INC.
TExAS FIRM REGISTRATION NO. F-9177
i TE OF T,6�`r,,l
i. .
................................
MAHSA HEDAYATI
.01. 120507 : n-'
"/CEN5'0?
S�ONAL EN.. I
Mahsa Hedayati, Ph.D., P.E. September 23, 2019
Geotechnical Engineer
Texas No. 120507
1
TO
James Sappington IV, P.E.
Presid t
Texas, o.97402
copies submitted: (1) Mr. Konstantine Bakintas, P.E., Baird, Hampton and Brown (email)
Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992
TABLE OF CONTENTS
Paae
1.0
INTRODUCTION------------------------------------------------------------------------------------------------------- 1
2.0
FIELD EXPLORATION AND LABORATORY TESTING ------------------------------------------------------ 2
3.0
SUBSURFACE CONDITIONS-------------------------------------------------------------------------------------- 3
4.0
FOUNDATION RECOMMENDATIONS--------------------------------------------------------------------------- 5
5.0
EARTHWORK ----------------------------------------------------------------------------------------------------------
10
6.0
CONSTRUCTION OBSERVATIONS-----------------------------------------------------------------------------14
7.0
REPORT CLOSURE-------------------------------------------------------------------------------------------------15
4ki111 I_1
Plate
Planof Borings ---------------------------------------------------------------------------------------------------------------- A.1
Unified Soil Classification --------------------------------------------------------------------------------------------------- A.2
Key to Classification and Symbols
---------------------------------------------------------------------------------------A.3
Logsof Borings-------------------------------------------------------------------------------------------------------A.4 — A.6
Particle Size Distribution Report ------------------------------------------------------------------------------- A.7 and A.8
FreeSwell Test Results ----------------------------------------------------------------------------------------------------- A.9
1.0 INTRODUCTION
1.1 G neral
The project, as currently planned, consists of refurbishing approximately 500 feet of an existing
drainage channel, located to the south of French Lake Drive and north of Candleridge Circle in Fort
Worth, Texas. Plate A.1, Plan of Borings, depicts the project vicinity and locations of the
exploration borings.
At the time of this investigation, the site consisted of an existing channel with grass -lined or un-
improved side slopes. Dense tree coverage was observed to the south of the channel. The
existing channel is considered to be in poor condition and has experienced problematic erosion,
slope sloughing, downcutting and related distress. The project will include refurbishing the existing
channel and constructing retaining walls along the channel banks with natural appearance stone
walls or similar with heights on the order of 4 feet to 5 feet. Global stability analysis of the retaining
walls is outside the scope of this study.
1.2 Purpose and Scope
The purpose of this geotechnical engineering study has been to determine subsurface conditions,
evaluate the engineering characteristics of the subsurface materials encountered, develop
geotechnical recommendations for the type or types of wall foundations and provide earthwork
recommendations.
To accomplish its intended purposes, the study has been conducted in the following phases: (1)
drilling sample borings to determine the general subsurface conditions and to obtain samples for
testing; (2) performing laboratory tests on appropriate samples to determine pertinent engineering
properties of the subsurface materials; and (3) performing engineering analyses, using the field
and laboratory data, to develop geotechnical recommendations for the proposed construction.
The design is currently in progress and the locations and/or elevations of structures could change.
Once the final design is near completion (80- to 90-percent stage), it is recommended that CMJ
Engineering, Inc. be retained to review those portions of the construction documents pertaining to
the geotechnical recommendations, as a means to determine that our recommendations have
been interpreted as intended.
Report No. 110-19-114 CMJ ENGINEERING, INC.
1
1.3 Report Format
The text of the report is contained in Sections 1 through 7. All plates and large tables are
contained in Appendix A. The alpha -numeric plate and table numbers identify the appendix in
which they appear. Small tables of less than one page in length may appear in the body of the text
and are numbered according to the section in which they occur.
Units used in the report are based on the English system and may include tons per square foot
(tsf), kips (1 kip = 1,000 pounds), kips per square foot (ksf), pounds per square foot (psf), pounds
per cubic foot (pcf), and pounds per square inch (psi).
2.0 FIELD EXPLORATION AND LABORATORY TESTING
2.1 Field Exploration
Subsurface materials at the project site were explored by three (3) borings each extending to a
depth of about 20 feet. The borings were drilled using truck mounted drilling equipment at the
approximate locations shown on the Plan of Borings, Plate A.1. The boring logs are included on
Plates A.4 through A.6 and keys to classifications and symbols used on the logs are provided on
Plates A.2 and A.3.
Undisturbed samples of cohesive soils were obtained with nominal 3-inch diameter thin -walled
(Shelby) tube samplers at the locations shown on the logs of borings. The Shelby tube sampler
consists of a thin -walled steel tube with a sharp cutting edge connected to a head equipped with a
ball valve threaded for rod connection. The tube is pushed into the soil by the hydraulic pulldown
of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for
consistency with a hand penetrometer, sealed, and packaged to limit loss of moisture.
The consistency of cohesive soil samples was evaluated in the field using a calibrated hand
penetrometer. In this test a 0.25-inch diameter piston is pushed into the relatively undisturbed
sample at a constant rate to a depth of 0.25 inch. The results of these tests, in tsf, are tabulated at
respective sample depths on the logs. When the capacity of the penetrometer is exceeded, the
value is tabulated as 4.5+.
To evaluate the relative density and consistency of the harder formations, a modified version of the
Texas Cone Penetration test was performed at selected locations. Texas Department of
Report No. 110-19-114 CMJ ENGINEERING, INC.
2
Transportation (TXDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a
170-pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each
blow. This method was modified by utilizing a 140-pound hammer freely falling 30 inches. This
results in 350 foot-pounds of energy for each hammer blow. In relatively soft materials, the
penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is
tabulated at respective test depths, as blows per 6 inches on the logs. In hard materials (rock or
rock -like), the penetrometer cone is driven with the resulting penetrations, in inches, recorded for
the first and second 50 blows, a total of 100 blows. The penetration for the total 100 blows is
recorded at the respective testing depths on the boring logs.
Ground -water observations during and after completion of the borings are shown on the upper right
of the boring log. Upon completion of the borings, the bore holes were backfilled with soil cuttings
and plugged at the surface by hand tamping.
2.2 Laboratory Testing
Laboratory soil tests were performed on selected representative samples recovered from the
borings. In addition to the classification tests (liquid limits, plastic limits, and gradations), moisture
content, unconfined compressive strength and unit weight tests were performed. Results of the
laboratory classification tests, moisture content, unconfined compressive strength, and unit weight
conducted for this project are included on the boring logs. Particle size distribution analyses are
included on Plates A.7 and A.8.
Free swell tests were performed to determine expansive soil potential of clayey soils. Free swell
test results are provided on Plate A.9.
The above laboratory tests were performed in general accordance with applicable ASTM
procedures or generally accepted practice.
3.0 SUBSURFACE CONDITIONS
3.1 Soil Conditions
Specific types and depths of subsurface strata encountered at the boring locations are shown on
the boring logs in Appendix A. The generalized subsurface stratigraphy encountered in the borings
are discussed below. Note that depths on the borings refer to the depth from the existing grade or
Report No. 110-19-114 CMJ ENGINEERING, INC.
3
ground surface present at the time of the investigation, and the boundaries between the various
soil types are approximate.
Subsurface conditions encountered in in the borings generally consisted of dark to light brown,
olive brown, light olive brown reddish brown, gray and tan clays and shaly clays extending to the
20-foot termination depth of the borings. One -foot thick layers of clayey sand with gravel and
limestone fragments were encountered at the ground surface in Borings B-1 and B-2. A 2-foot
thick layer of tan fractured limestone was encountered in Boring B-2 at a depth of about 4 feet
below ground surface. A 1-foot thick layer of gravelly clay was encountered at a depth of about 9
feet in Boring B-1. The upper 3 to 4 feet of clay and clayey sand material encountered in the
borings were visually classified as fill or possible fill material.
The clay soils encountered are firm to hard in consistency (soil basis), with pocket penetrometer
values of 1.25 to over 4.5 tsf. The various soils encountered in the borings had tested Liquid Limits
(LL) ranging from 53 to 66 with Plasticity Indices (PI) ranging from 34 to 45 and are classified as
CH by the USCS. Tested unit weight and unconfined compressive strength values range from 105
to 123 pcf and 1,870 to 14,630 psf, respectively. The tan fractured limestone encountered in
Boring B-2 is considered hard to very hard (rock basis), with Texas Cone Penetrometer (THD) test
value of 1 inch of penetration for 100 hammer blows.
The Atterberg Limits tests indicate the various clays encountered at this site are highly active with
respect to moisture induced volume changes. Active clays can experience volume changes
(expansion or contraction) with fluctuations in their moisture content. Results of swell testing
indicate a high potential for moisture induced volume change from present in -situ moisture
conditions.
3.2 Ground -Water Observations
The borings were drilled using continuous flight augers in order to observe ground -water seepage
during drilling. Ground -water seepage was not encountered during drilling and the borings were
dry upon completion of the drilling
Fluctuations of the ground -water level can occur due to seasonal variations in the amount of
rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not
evident at the time the borings were performed. During wet periods of the year seepage can occur
in joints in the clays, in granular material and atop or within the tan limestone, particularly if
Report No. 110-19-114 CMJ ENGINEERING, INC.
4
approached to or exposed by cuts. The possibility of ground -water level fluctuations should be
considered when developing the design and construction plans for the project.
Due to the variable subsurface conditions long-term observations would be necessary to more
accurately evaluate the ground -water level. Such observations would require installation of
piezometers or observation wells which are sealed to prevent the influence of surface water.
4.0 FOUNDATION RECOMMENDATIONS
4.1 Expansive Soil Movements
The expansive soils encountered along the project channel can shrink and swell considerably as
the soil moisture content fluctuates during seasonal wet and dry cycles. Additionally, the site
environment is impacted by grading and drainage, landscaping, ground -water conditions, paving
and many other factors which may affect the structures during and after construction. Therefore,
the amount of soil movement is difficult to determine due to the many unpredictable variables
involved.
Structures placed near existing grade will be subject to movement as a result of moisture induced
volume changes in the highly active clays. The clays expand (heave) with increases in moisture
and contract (shrink) with decreases in moisture. The movement typically occurs as post
construction heave. The potential magnitude of the moisture induced movements is rather
indeterminate. It is influenced by the soil properties, overburden pressures, and to a great extent
by soil moisture levels at the time of construction. Estimates of soil movements for this site have
been performed using data from the Texas Department of Transportation (TX -Dot) procedure TEX-
124-E for estimating Potential Vertical Rise (PVR) and using engineering judgment and
experience. Vertical soil movements on the order of 4 to 7 inches have been estimated for the
soils encountered, as the soils undergo moisture changes.
4.2 Retaining Structures
4.2.1 General Retaining Wall Considerations
Five geotechnical design criteria must be satisfied in the selection of the type and configuration of
the retaining walls. These criteria are; the wall must have an acceptable factor of safety with
respect to (1) overturning failure, (2) a sliding (translation) failure, (3) a bearing capacity failure, and
(4) a global (deep-seated) slope failure. In addition, (5) the deformation of the wall caused by
Report No. 110-19-114 CMJ ENGINEERING, INC.
5
deflection from earth pressure and from settlement or heave of the foundation soils or backfill soils,
must be within tolerable limits during the functional life of the structure. As retaining wall locations,
heights, and geometry were not available at the time of this report, attention is called to Section 1.2
regarding design review.
Please note, global stability analysis of the retaining walls is outside the scope of this study. Our
office should be contacted if global stability analysis of the walls is required.
4.2.2 Foundations
The most positive foundation system for the proposed retaining walls would be situated below the
zone of most significant seasonal moisture variations. A deep foundation system transferring
column loads to a suitable bearing stratum is considered the most positive foundation system.
However, if differential movements are acceptable, the retaining wall foundations may be founded
within natural soils or fill material properly prepared as recommended in Section 5.2 of this report
using shallow spread or continuous footings. The retaining wall foundations may be designed for
an allowable bearing pressure of 2.0 ksf. A minimum footing dimension of 2 feet is recommended.
For walls within the channel, footings should be founded a minimum of 3 feet below existing grade
or below the thalweg of the channel, whichever is deeper. For walls not located within the
influence of the channel, wall footings should be placed a minimum of 2 feet below the lowest
adjacent grade. It should be noted that retaining wall foundations are typically subjected to non-
uniform pressure across the foundation, and possibly negative pressure (separation of foundation
from soil) under a portion of the foundation, due to the overturning moment induced by the lateral
earth pressures. The allowable foundation pressures given above are for the maximum pressure
induced by the foundation loads, and not the average pressure under the foundation base.
Please note, fill or possible fill materials were encountered to depths of about 3 to 4 feet below the
existing ground surface in the borings. In absence of documented density control, the possibility of
undercompacted zones or voids exists. Removal and replacement of all the fill following the
recommendations in subsequent sections of this report is the only method eliminating the risk of
unusual settlement. The existing fill material should be removed to expose natural in -situ soils and
recompacted in accordance with recommendations provided in Section 5.2 of this report.
Soils existing in a soft to firm state should be evaluated on a case -by -case basis. Close inspection
of soils strength should be conducted by a geotechnical engineer to allow designation and removal
of very soft soils not meeting the bearing capacity stated above. The base of all excavated
Report No. 110-19-114 CMJ ENGINEERING, INC.
6
footings should be inspected by a geotechnical engineer or geotechnician under his or her
supervision to assure that the bottom is firm, level and free of loose soil material and/or debris. In
the areas of existing fills, the exposed subgrade in the footing excavation should be proofrolled as
follows: the subgrade should be proof rolled using a heavy pneumatic tired or small width drum
roller making several passes over the subgrade. Any soft or spongy areas should be overexcavated
to firm materials and backfilled following the recommendations provided in report Section 5.0,
Earthwork. The proof rolling operations should also be observed by the project geotechnical
engineer or his/her representative
The horizontal bases of the footings will develop resistance to sliding by means of a combination of
friction and adhesion (for cohesive foundation materials). Given the nature of the foundation
materials, an adhesion of 300 psf may be used for earth formed footings. An ultimate friction factor
of 0.3 may be used to calculate sliding resistance of the footings bearing on site soils. Passive
earth pressure resistance should be neglected for walls.
Foundations for the retaining walls designed in accordance with these recommendations will have
a minimum factor of safety of 3 with respect to a bearing capacity failure. We understand final
grading plans are not available at the time of this report. Our office should be provided with a copy
of grading plans once available to review our recommendations and provide additional
recommendations if applicable.
4.2.3 Foundation Construction
Foundation construction should be monitored by a representative of the geotechnical engineer to
observe, among other things, the following items:
• Identification of bearing material
• Adequate penetration of the foundation excavation into the bearing layer
• The base and sides of the excavation are clean of loose cuttings
• When seepage is encountered, whether it is sufficient amount to require the use of
excavation dewatering methods
Precautions should be taken during the placement of reinforcing steel and concrete to prevent
loose, excavated soil from falling into the excavation. Concrete should be placed as soon as
practical after completion of the excavating, cleaning, reinforcing steel placement and observation.
Excavation for a shallow foundation should be filled with concrete before the end of the workday, or
sooner if required, to prevent deterioration of the bearing material. Prolonged exposure or
inundation of the bearing surface with water will result in changes in strength and compressibility
Report No. 110-19-114 CMJ ENGINEERING, INC.
7
characteristics. If delays occur, the excavation should be deepened as necessary and cleaned, in
order to provide a fresh bearing surface. If more than 24 hours of exposure of the bearing surface
is anticipated in the excavations, a "mud slab" should be used to protect the bearing surfaces. If a
mud slab is used, the foundation excavations should initially be over -excavated by approximately 4
inches and a lean concrete mud slab of approximately 4 inches in thickness should be placed in
the bottom of the excavations immediately following exposure of the bearing surface by
excavation. The mud slab will protect the bearing surface, maintain more uniform moisture in the
subgrade, facilitate dewatering of excavations if required, and provide a working surface for the
placement of formwork and reinforcing steel.
The concrete should be placed in a manner that will prevent the concrete from striking the
reinforcing steel or the sides of the excavation in a manner that would cause segregation of the
concrete.
4.3 Lateral Earth Pressure
4.3.1 Equivalent Fluid Pressures
Lateral earth pressures on retaining walls will depend on a variety of factors, including the type of
soils behind the wall, the condition of the soils, and the drainage conditions behind the wall.
Recommended lateral earth pressures expressed as equivalent fluid pressures, per foot of wall
height, are presented in Table 4.3.1-1 for a wall with a level backfill behind the top of the wall. The
equivalent fluid pressure for an undrained condition should be used if a drainage system is not
present to remove water trapped in the backfill and behind the wall. Pressures are provided for at -
rest and active earth pressure conditions. In order to allow for an active condition the top of the
wall(s) must deflect on the order of 0.4 percent.
TABLE 4.3.1-1 — Equivalent Fluid Pressures
At -Rest Equivalent
Active Equivalent
Backfill Material
Fluid Pressure (pcf)
Fluid Pressure (pcf)
Drained
Undrained
Drained
Undrained
Excavated on -site clay or clay fill
100
110
85
100
material
Select fill or on -site soils meeting
65
90
50
85
material specifications
Free draining granular backfill
50
90
35
80
material
Report No. 110-19-114 CMJ ENGINEERING, INC.
8
For the select fill or free draining granular backfill these values assume that a "full" wedge of the
material is present behind the wall. The wedge is defined where the wall backfill limits extend
outward at least 2 feet from the base of the wall and then upward on a 1 H:2V slope. For narrower
backfill widths of granular or select fill soils, the equivalent fluid pressures for the on -site soils
should be used.
4.3.2 Wall backfill Material Requirements
Free Draining Granular Wall Backfill: All free draining granular wall backfill material should be a
crushed stone, sand/gravel mixture, or sand/crushed stone mixture. The material should have less
than 3 percent passing the No. 200 sieve and less than 30 percent passing the No. 40 sieve. The
minus No. 40 sieve material should be non -plastic. Granular wall backfill should not be water
jetted during installation.
Select Fill: All wall select backfill should consist of clayey sand and/or sandy clay material with a
plasticity index of 16 or less, with a liquid limit not exceeding 35. The select fill should be placed in
maximum 8-inch lifts and compacted to between 95 and 100 percent of Standard Proctor density
(ASTM D 698) within a moisture range of plus to minus 3 percentage points of the optimum
moisture. Compaction within five feet of the walls should be accomplished using hand compaction
equipment and should be compacted between 90 and 95 percent of the Standard Proctor Density.
On -Site Soil Backfill: For wall backfill areas with site -excavated materials or similar imported
materials, all oversized fragments larger than four inches in maximum dimension should be
removed from the backfill materials prior to placement. The backfill should be free of all organic
and deleterious materials, and should be placed in maximum 8-inch compacted lifts at a minimum
of 95 percent of Standard Proctor density (ASTM D 698) within a moisture range of plus to minus
3 percentage points of optimum moisture. Compaction within five feet of the walls should be
accomplished using hand compaction equipment, and should be between 90 and 95 percent of the
Standard Proctor Density.
4.3.3 Wall Backfill Settlement
Settlement of the wall backfill should be anticipated. Piping and conduits through the fill should be
designed for potential soil loading due to fill settlement. On -grade slabs, sidewalks, and
pavements over fills also may settle. Backfill compacted to the density recommended above is
anticipated to settle on the order of 0.2 to 0.5 percent of the fill thickness.
Report No. 110-19-114 CMJ ENGINEERING, INC.
9
4.3.4 Below -Grade Drainage Requirements
The design recommendations presented above assume hydrostatic pressure will not develop
behind the retaining walls. In order to achieve the drained condition for lateral earth pressure for
low -permeability walls (concrete, masonry, etc.), a vertical drainage blanket or geocomposite
drainage member must be installed adjacent to the wall on the backfill side. Drainage could be
provided using a collector pipe or weep holes near the base of the retaining wall. Drains should be
properly filtered to minimize the potential for erosion through these drains, and /or the plugging of
drain lines. Design or specific recommendations for drainage members is beyond the scope for
this study. These services can be provided as an additional service upon request. It is
recommended the backfill-wall geometry must be such that the backfill will not become saturated
from rainfall, ground water, adjacent water courses, or other sources.
5.0 EARTHWORK
5.1 Site Preparation
The subgrade should be firm and able to support the construction equipment without displacement.
Soft or yielding subgrade should be corrected and made stable before construction proceeds. The
subgrade should be proof rolled to detect soft spots, which if exist, should be reworked to provide a
firm and otherwise suitable subgrade. Proof rolling should be performed using a heavy pneumatic
tired roller, loaded dump truck, or similar piece of equipment. The proof rolling operations should
be observed by the project geotechnical engineer or his/her representative. Prior to fill placement,
the subgrade should be scarified to a minimum depth of 8 inches, its moisture content adjusted,
and recompacted to the moisture and density recommended for fill.
5.2 Placement and Compaction
Fill material should be placed in loose lifts not exceeding 8 inches in uncompacted thickness. The
uncompacted lift thickness should be reduced to 4 inches for structure backfill zones requiring
hand -operated power compactors or small self-propelled compactors. The fill material should be
uniform with respect to material type and moisture content. Clods and chunks of material should
be broken down and the fill material mixed by disking, blading, or plowing, as necessary, so that a
material of uniform moisture and density is obtained for each lift. Water required for sprinkling to
bring the fill material to the proper moisture content should be applied evenly through each layer.
Report No. 110-19-114 CMJ ENGINEERING, INC.
10
The on -site soils are suitable for use in site grading. Imported fill material should be clean soil with
a Liquid Limit less than 50 and no rock greater than 4 inches in maximum dimension. The fill
materials should be free of vegetation and debris.
The fill material should be compacted to a minimum of 95 percent of the maximum dry density
determined by the Standard Proctor test, ASTM D 698. In conjunction with the compacting
operation, the fill material should be brought to the proper moisture content. The moisture content
for general earth fill should range from 2 percentage points below optimum to 5 percentage points
above optimum (-2 to +5). These ranges of moisture contents are given as maximum
recommended ranges. For some soils and under some conditions, the contractor may have to
maintain a narrower range of moisture content (within the recommended range) in order to
consistently achieve the recommended density.
Field density tests should be taken as each lift of fill material is placed. As a guide, one field
density test per lift for each 5,000 square feet of compacted area is recommended. For small
areas or critical areas the frequency of testing may need to be increased to one test per 2,500
square feet. A minimum of 2 tests per lift should be required. The earthwork operations should be
observed and tested on a continuing basis by an experienced geotechnician working in conjunction
with the project geotechnical engineer.
Each lift should be compacted, tested, and approved before another lift is added. The purpose of
the field density tests is to provide some indication that uniform and adequate compaction is being
obtained. The actual quality of the fill, as compacted, should be the responsibility of the contractor
and satisfactory results from the tests should not be considered as a guarantee of the quality of the
contractor's filling operations.
5.3 General Slope Recommendations
Prior to the placement of fill in the areas of the existing slope or scoured areas, the existing ground
surface should be stripped of vegetation, roots, old construction debris, and other organic material.
It is estimated that the depth of stripping will be on the order of 8 inches. The actual stripping
depth should be based on field observations with particular attention given to old drainage areas
and excessively wet soils. The stripped areas should be observed to determine if additional
excavation is required to remove weak or otherwise objectionable materials that would adversely
affect the fill placement or other construction activities.
Report No. 110-19-114 CMJ ENGINEERING, INC.
11
Special site preparation procedures will be imperative to reduce the possibility of slope sliding,
settlement of fill soils, and otherwise undue soil movements. In addition, where existing slopes
may be re -worked, cuts and fills will be required to properly blend new fill materials to existing
materials. These procedures are outlined below, but generally consist of proper removal of
existing vegetation, proof rolling the site area to receive fill, benching new fill into the existing fill to
prevent a direct slide plane at this interface, and general grading at existing, specific erosion and
drainage areas.
Specific recommended procedures are provided in this report section to emphasize the importance
of these procedures. If these procedures are adhered to during the construction phase, the
potential for slides, undue settlement, and otherwise problematic soil movements are greatly
reduced. The following specific recommendations are provided:
1. Grub all areas in which earth fill operations will take place. This requires the proper
removal and disposal of all trees, brush, and vegetation. It also requires the grubbing
of all roots in excess of 1 inch and disposing of them properly away from the site.
2. All organic topsoil, trash, debris, or other deleterious materials should be removed
from the fill. Any rock fragments larger than 6-inch size should likewise be removed.
3. In areas to receive fill, the surface should be proof rolled to locate any soft or
compressible materials. Should said materials be encountered, they should be
removed and backfilled with acceptable soil materials.
4. The fill materials should be placed from the bottom leading upwards. The surface
soils should be lightly scarified to allow bonding of new fill to either natural soils or
existing fill. The initial lift of fill should be at least 12 feet wide and placed on a
horizontal plane. As additional fill is placed, the fill should be benched into the natural
soil for every 1-foot thickness of fill placed. The benches should continue to work
uphill to prevent a continuous plane from occurring at the new fill/old fill/natural soil
interface.
The onsite soil may be used as fill for re -working of slopes; however, if a mass grading deficit
occurs, then offsite soil should be brought in as fill to this site. Any off site borrow fill should consist
of silty clays, sandy clays, or clayey sands with a Liquid Limit less than 50 and a Plasticity Index
between 4 and 30. These acceptable soils are classified as CL or SC per the Unified Soil
Classification System. Clean sands, silts, gravels, and highly plastic clays should be discarded. In
addition, fill materials should be placed, pulverized as required, uniformly moistened as required,
compacted to those standards listed above and reiterated in Section 5.2, and each lift tested to
assure proper compaction. Any fill not meeting specifications should be reworked/recompacted as
Report No. 110-19-114 CMJ ENGINEERING, INC.
12
necessary. In addition, light scarification should be performed on the surface of the accepted fill
prior to placing the next lift of fill in order to bond the fill lifts satisfactorily.
Permanent slopes at the site should be as flat as practical to reduce creep and occurrence of
shallow slides. The following slope angles are recommended as maximums. The presented
angles refer to the total height of a slope. Site improvement should be maintained away from the
top of the slope to reduce the possibility of damage due to creep or shallow slides.
Table 5.3-1: Recommended Slope
Angles of Permanent Slopes
Height (ft.)
Horizontal to Vertical
0-3
1:1
3-6
2:1
6-9
3:1
> 9
4:1
5.4 Excavation
The side slopes of excavations through the overburden soils should be made in such a manner to
provide for their stability during construction. Existing structures, pipelines or other facilities, which
are constructed prior to or during the currently proposed construction and which require
excavation, should be protected from loss of end bearing or lateral support.
Temporary construction slopes and/or permanent embankment slopes should be protected from
surface runoff water. Site grading should be designed to allow drainage at planned areas where
erosion protection is provided, instead of allowing surface water to flow down unprotected slopes.
Trench safety recommendations are beyond the scope of this report. The contractor must comply
with all applicable safety regulations concerning trench safety and excavations including, but not
limited to, OSHA regulations.
5.5 Soil Corrosion Potential
Specific testing for soil corrosion potential was not included in the scope of this study. However,
based upon past experience on other projects in the vicinity, the soils at this site may be corrosive.
Report No. 110-19-114 CMJ ENGINEERING, INC.
13
Standard construction practices for protecting metal pipe and similar facilities in contact with these
soils should be used.
5.6 Erosion and Sediment Control
All disturbed areas should be protected from erosion and sedimentation during construction, and
all permanent slopes and other areas subject to erosion or sedimentation should be provided with
permanent erosion and sediment control facilities. All applicable ordinances and codes regarding
erosion and sediment control should be followed.
Plates A.7 and A.8 present sieve/hydrometer grain size analyses for typical onsite soils. The
following table provides grain size for erosion analyses.
Table 5.6-1 Grain Size Values
Boring No.
Depth (Ft.)
Grain Size mmDso
Dss
B — 1
7-8
0.0031
0.850
B — 3
4-5
0.0025
0.320
6.0 CONSTRUCTION OBSERVATIONS
In any geotechnical investigation, the design recommendations are based on a limited amount of
information about the subsurface conditions. In the analysis, the geotechnical engineer must
assume the subsurface conditions are similar to the conditions encountered in the borings.
However, quite often during construction, anomalies in the subsurface conditions are revealed.
Therefore, it is recommended that CMJ Engineering, Inc. be retained to observe any additional
earthwork and perform materials evaluation during the construction phase of the project. This
enables the geotechnical engineer to stay abreast of the project and to be readily available to
evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to
recommend alternative solutions to unanticipated conditions.
It is proposed that construction phase observation and materials observation commence by the
project geotechnical engineer at the outset of the project. Experience has shown that the most
suitable method for procuring these services is for the owner or the owner's design engineers to
Report No. 110-19-114 CMJ ENGINEERING, INC.
14
contract directly with the project geotechnical engineer. This results in a clear, direct line of
communication between the owner and the owner's design engineers and the geotechnical
engineer.
7.0 REPORT CLOSURE
The locations and elevations of the borings should be considered accurate only to the degree
implied by the methods used in their determination. The boring logs shown in this report contain
information related to the types of soil encountered at specific locations and times and show lines
delineating the interface between these materials. The logs also contain our field representative's
interpretation of conditions that are believed to exist in those depth intervals between the actual
samples taken. Therefore, these boring logs contain both factual and interpretive information.
Laboratory soil classification tests were also performed on samples from selected depths in the
borings. The results of these tests, along with visual -manual procedures, were used to generally
classify each stratum. Therefore, it should be understood that the classification data on the logs of
borings represent visual estimates of classifications for those portions of each stratum on which the
full range of laboratory soil classification tests were not performed. It is not implied that these logs
are representative of subsurface conditions at other locations and times.
With regard to ground -water conditions, this report presents data on ground -water levels as they
were observed during the course of the field work. In particular, water level readings have been
made in the borings at the times and under conditions stated in the text of the report and on the
boring logs. It should be noted that fluctuations in the level of the ground -water table can occur with
passage of time due to variations in rainfall, temperature and other factors. Also, this report does
not include quantitative information on rates of flow of ground water into excavations, on pumping
capacities necessary to dewater the excavations, or on methods of dewatering excavations.
Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully
predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently
require that additional expenditures be made by the owner to attain a properly designed and
constructed project. Therefore, provision for some contingency fund is recommended to
accommodate such potential extra cost.
The analyses, conclusions and recommendations contained in this report are based on site
conditions as they existed at the time of our field investigation and further on the assumption that
Report No. 110-19-114 CMJ ENGINEERING, INC.
15
the exploratory borings are representative of the subsurface conditions throughout the site; that is,
the subsurface conditions everywhere are not significantly different from those disclosed by the
borings at the time they were completed. If, during construction, different subsurface conditions
from those encountered in our borings are observed, or appear to be present in excavations, we
must be advised promptly so that we can review these conditions and reconsider our
recommendations where necessary. If there is a substantial lapse of time between submission of
this report and the start of the work at the site, if conditions have changed due either to natural
causes or to construction operations at or adjacent to the site, or if structure locations, structural
loads or finish grades are changed, we urge that we be promptly informed and retained to review
our report to determine the applicability of the conclusions and recommendations, considering the
changed conditions and/or time lapse.
Further, it is urged that CMJ Engineering, Inc. be retained to review those portions of the plans and
specifications for this particular project that pertain to earthwork as a means to determine whether
the plans and specifications are consistent with the recommendations contained in this report. In
addition, we are available to observe construction, particularly the compaction of structural fill, or
backfill as recommended in the report, and such other field observations as might be necessary.
The scope of our services did not include any environmental assessment or investigation for the
presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, ground
water or air, on or below or around the site. The scope of services also did not include any
assessment of the site for suitability for the proposed construction or use, related to items or
conditions other than those specifically addressed in this report.
This report has been prepared for use in developing an overall design concept. Paragraphs,
statements, test results, boring logs, diagrams, etc. should not be taken out of context, nor utilized
without a knowledge and awareness of their intent within the overall concept of this report. The
reproduction of this report, or any part thereof, supplied to persons other than the owner, should
indicate that this study was made for design purposes only and that verification of the subsurface
conditions for purposes of determining difficulty of excavation, trafficability, etc. are responsibilities
of the contractor.
This report has been prepared for the exclusive use of Baird, Hampton and Brown, Inc. for specific
application to design of this project. The only warranty made by us in connection with the services
provided is that we have used that degree of care and skill ordinarily exercised under similar
Report No. 110-19-114 CMJ ENGINEERING, INC.
16
conditions by reputable members of our profession practicing in the same or similar locality. No
other warranty, expressed or implied, is made or intended.
Report No. 110-19-114 CMJ ENGINEERING, INC.
17
(0ullglno) 6ui;six3— :a0loq ;uOaanO s6uuoq :JnOXDo 6nnp t,11-61-01 l\rvlO\s6uiMoap\:O
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PLATE
A.l
61/60/90 :a40Q
Major Divisions
Typical Names
Laboratory Classification Criteria
Gym.
Well -graded gravels, gravel-
(V
D D 2
GW
sand mixtures, little Or no
C.= -60- greater than 4: Cr=-----3— ----- between 1 and 3
Co
> o
fines
o
D10 D10 X Dso
�
0)�
0_U o
.o .N
aoi
Poorly graded gravels, gravelF0
E
N
a
v =
GP
sand mixtures, little or no
ai C/) U)
Not meeting all gradation requirements for GW
a
>
m u a)
�b rn
fines
�' o UCU
co (7 U -0
m
>
m p
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o:L
00
z
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Silty gravels, gravel -sand -silt
N C7
Liquid and Plastic limits
"A"
Liquid and plastic limits
N
E
GM
mixtures
a) U
below line or P.I.
plotting in hatched zone
0
z
w
E S
.T a
greater than 4
between 4 and 7 are
Liquid and Plastic limits
_� �
L .�
a) U o
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borderline cases
o
°'
> �'
Clayey gravels, gravel -sand-
5 N
"A"
requiring use of dual
-0 a,
o
g
a
a
GC
clay mixtures
c a>
CU Z c
•Z
above line with P.I.
symbols
a)
Q
;
greater than 7
co U)
CU a>
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a� C5
°'
Well -graded sands, gravelly
O
OCo
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D60 (D")2
;n a?
(U
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-0 c
SW
sands, little or no fines
Z
> E
C = ----- greater than 6: Cr=-------------- between 1 and 3
D10 D10 X Dso
Lc) E
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(n �
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c
a`6i aoi
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Poorly graded sands;
v
SP
gravelly sands, little or no
c°',
Not meeting all gradation requirements for SW
a)(6
U,
fines
o
w m n
'5
CU
n
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O QN
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� C5
Silty sands, sand -silt
U a-)
Liquid and Plastic limits
a
SM
mixtures
(V 3
below "A" line or P.I. less
Liquid and plastic limits
m z
��(n
L a o o o
than 4
plotting between 4 and 7
w
o ° J LO
are borderline cases
Liquid and Plastic limits
requiring use of dual
0
SC
Clayey sands, sand -clay
� .�
above "A" line with P.I.
s mbols
y
a
Q
mixtures
a� a N
�, �,
greater than 7
0 U
Inorganic silts and very fine
ML
sands, rock flour, silty or
clayey fine sands, or clayey
U) co
silts with slight plasticity
>
L
Inorganic clays of low to
T,
CL
medium plasticity, gravelly
o
clays, sandy clays, silty
clays, and lean clays
5
o
Z
to
CH
s
OL
Organic silts and organic silty
4
X
�, --
clays of low plasticity
o
U) m
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w 30
:N
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Inorganic silts, micaceous or
LO
MH
diatomaceous fine sandy or
a
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d MH
silty soils, elastic siltsfn
.P
m
m w
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CL
o
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Inorganic clays of high
1
70-
a'
plasticity, fat clays
CU
E
(n -
7
4
ML aid
OL
C
-ML
a
Organic clays of medium to
0
7
OH
high plasticity, organic silts
o 10 zo 30 40 50 60 70 $o so 100
Liquid Limit
Co .`�
Peat and other highly organic
Plasticity Chart
" U)Pt
soils
UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.2
SOIL OR ROCK TYPES
00
0 o
0 0
GRAVEL
LEAN CLAY
LIMESTONE
SHALE
• ••
SAND
• ••�
SANDY
—
SILT
SILTY
SANDSTONE
HIGHLY
CLAYEY
CONGLOMERATE
Shelby
Auger
Split
Rock
Cone
No
PLASTIC CLAY
Tube
Spoon
Core
Pen
Recovery
TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL
Fine Grained Soils (More than 50% Passing No. 200 Sieve)
Descriptive Item
Penetrometer Reading, (tsf;
Soft
0.0 to 1.0
Firm
1.0 to 1.5
Stiff
1.5 to 3.0
Very Stiff
3.0 to 4.5
Hard
4.5+
Coarse Grained SOIIS (More than 50% Retained on No. 200 Sieve)
Penetration Resistancc
Descriptive Item Relative Density
(blows/foot)
0 to 4
Very Loose 0 to 20%
4 to 10
Loose 20 to 40%
10 to 30
Medium Dense 40 to 70%
30 to 50
Dense 70 to 90%
Over 50
Very Dense 90 to 100%
Soil Structure
Calcareous
Contains appreciable deposits of calcium carbonate; generally nodular
Slickensided
Having inclined planes of weakness that are slick and glossy in appearance
Laminated
Composed of thin layers of varying color or texture
Fissured
Containing cracks, sometimes filled with fine sand or silt
Interbedded
Composed of alternate layers of different soil types, usually in approximately equal proportions
TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK
Hardness and Degree of Cementation
Very Soft or Plastic
Can be remolded in hand; corresponds in consistency up to very stiff in soils
Soft
Can be scratched with fingernail
Moderately Hard
Can be scratched easily with knife; cannot be scratched with fingernail
Hard
Difficult to scratch with knife
Very Hard
Cannot be scratched with knife
Poorly Cemented or Friable
Easily crumbled
Cemented
Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite,
and iron oxide are common cementing materials.
Degree of Weathering
Unweathered
Rock in its natural state before being exposed to atmospheric agents
Slightly Weathered
Noted predominantly by color change with no disintegrated zones
Weathered
Complete color change with zones of slightly decomposed rock
Extremely Weathered
Complete color change with consistency, texture, and general appearance approaching soil
KEY TO CLASSIFICATION AND SYMBOLS PLATE A.3
/-Ik dT
Project No.
Boring No.
Project Channel Refurbishment %—iviJ
110-19-114
B-1
Fort Worth, Texas
Location
Water Observations
See Plate A.1
None during drilling, Dry at completion
Completion
Completion
Depth 20.0-
Date 8-15-19
Surface Elevation
Type
NA
B-53
0
c
_
W
O
N
a
N
O
o
o
o
x
'Op
C
C U-
-p
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Stratum Description
O .S
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C
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LL
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CD
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(n
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4.5+
57
55
15
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12
123
CLAY (CH), light olive brown, brown and gray, w/
4.5+
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108
6190
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5
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4.5+
87
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1.25
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117
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gravel, hard
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4.5+
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15
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/-Ik dT
Project No.
Boring No.
Project Channel Refurbishment t lvlJ
110-19-114
B-2
Fort Worth, Texas
Location
Water Observations
See Plate A.1
None during drilling, Dry at completion
Completion
Completion
Depth 20.0'
Date 8-15-19
Surface Elevation
Type
NA
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4.5+
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4.5+
11
.
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100/11,
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very stiff
3.0
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4500
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4.5+
66
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45
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110
calcareous deposits and limestone fragments, stiff to
10
hard
2.75
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23
BORING TERMINATED AT 20 FT
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/-Ik dT
Project No.
Boring No.
Project Channel Refurbishment t lvlJ
110-19-114
B-3
Fort Worth, Texas
Location
Water Observations
See Plate A.1
None during drilling, Dry at completion
Completion
Completion
Depth 20.0'
Date 8-15-19
Surface Elevation
Type
NA
B-53
0
c
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15
organics, (FILL)
CLAY (CH), dark brown and brown, w/ limestone
4.5+
13
fragments, fine sand and organicsl, hard, possible fill
w/ calcareous nodules from 2 to 3 feet
4.5+
87
54
14
40
14
CLAY (CH), light brown, gray and tan, w/ limestone
4.5+
16
110
14630
fragments, occasional calcareous nodules and
deposits, stiff to hard
2.75
88
57
15
42
22
5
2.75
22
105
5370
- with gravel below 9 feet
2.25
24
10
SHALY CLAY (CH), tan, gray and olive brown, w/
calcareous deposits and limestone fragments, stiff to
hard
2.5
28
15
4.5+
23
BORING TERMINATED AT 20 FT
0
c�
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gOG OF BORING NO. B-3 PLATE A.6
Particle Size Distribution Report
C C O O O
C C C C C C O O O O O O O V O
(D V) N \ (+) 43
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100 10 1 0.1 0.01 0.001
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% Gravel
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% Fines
Coarse
Fine
Coarse
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0
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Material Description
USCS
AASHTO
0
Project No. 110-19-114 Client: Baird, Hampton & Brown
Remarks:
Project: Channel Refurbishment - French Lake Dr - FTW, Tx.
o Depth: 7-8 Sample Number: B-1
PLATE A.7
CMJ ENGINEERING, INC.
Fort Worth. Texas
Particle Size Distribution Report
O O
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USCSAASHTO
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Project No. 110-19-114 Client: Baird, Hampton & Brown
Remarks:
Project: Channel Refurbishment - French Lake Dr - FTW, Tx.
o Depth: 4-5 Sample Number: B-3
CMJ ENGINEERING, INC.
PLATE A.8
Fort Worth Texas
FREE SWELL TEST RESULTS
Project: Channel Refurbishment
Fort Worth, Texas
Project No.: 110-19-114
Depth
Liquid
Plastic
Plasticity
Moistureo
Percent
Boring
Interval
Sample
Limit
Limit
Index
Content /o
Swell
No.
(ft)
Description
LL
PL
PI
N
Initial
Final
B — 1
3-4
Clay
55
15
40
12.4
20.5
8.4
B — 2
9 — 10
Clay
66
21
45
20.8
36.3
4.2
Free swell tests performed at approximate overburden pressure
CMJ ENGINEERING, INC. PLATE A.9
GC-4.04 Underground Facilities
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
GC-4.06 Hazardous Environmental Condition at Site
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
GC-6.06.1) Minority and Women Owned Business
Enterprise Compliance
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
3/11 /2020
B2Gnow
CITY OF FORT WORTH
CONTRACT COMPLIANCE MEMORANDUM
THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW
DEPARTMENT AND CITY MANAGER APPROVAL
To: Department Project Manager
From: Office of Business Diversity
Date: March 11, 2020
In the Amount of: $273,866.25 02717
DOE/Project No.
Project/Bid: Candleridge Park Erosion Control Improvements
1. Compliance with the City's Business Diversity Enterprise (BDE) Ordinance has
been achieved by the following method:
C.Green Scaping, LP is in compliance with the City's BDE Ordinance by committing
to 4.00% MBE participation and documenting good faith effort. C.Green Scaping, LP
identified several subcontracting and supplier opportunities. However, the firms
contacted in the areas identified did not respond or did not submit the lowest bids.
The City's MBE goal on this project is 16%. Additionally, C.Green Scaping, LP is a
certified M/WBE firm.
https://fortworth.diversitycompliance.com/FrontPage/DiversityMain.asp?XlD=635 1/1
FORT WORTH
City of Fart Worth
Minority Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR OFFERORS
APPLICATION OF POLICY
If the total dollar value of the contract is $50,000.01 or more, then a MBE subcontracting goal is applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises
(MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current
Business Diversity Enterprise Ordinance applies to this bid,
MBE PROJECT GOALS
The City's MBE goal on this project is 16 % of the base bid value of the contract.
Nate: If both MBE and 58E subcontra01nn goals are established for this project, then an Offeror must submit both a
MBE Utilization Form and a SSE Utilization Corm to be deemed responsive.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts $50,000.01 or more where a MBE subcontracting goal is applied, Offerors are required to comply
with the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or
2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or;
3. Good Faith Effort documentation, or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Purchasing Division, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in
person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be
evidence that the City received the documentation in the time allocated. A faxed andlor emaiied copy will not be
accepted.
1. Subcontractor Utilization Form, if goal is
received no later than 2:00 p.m., on the second City business day
met or exceeded:
after the bid opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor
received no later than 2:00 p.m., on the second City business day
Utilization Form, if participation is less than
after the bid opening date, exclusive of the bid opening date,
stated goal:
3. Good Faith Effort and Subcontractor
received no later than 2:00 p,m., on the second City business day
Utilization Form, if no MBE participation:
after the bid opening date, exclusive of the bid opening date,
4. Prime Contractor Waiver Form, if you will
received no later than 2:00 p,m„ on the second City business day
perform all subcontracting/supplier work:
after the bid opening date, exclusive of the bid opening date.
5. Joint Venture Form, if goal is met or
received no later than 2:00 p.m., on the second City business day
exceeded:
after the bid opening date, exclusive of the bid opening,date.
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN
THE BiD BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED
NON -RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A
PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION
PERIOD OF THREE YEARS.
Any questions, please contact the Office of Business Diversity at (817) 392-2674.
Office of Business Diversity Rev. 5115119
Email: mwbeoffice@fortworthtexas,gov
Phone: (817) 392-2674
ATTACHMENT IA
Page 1 of 4
FORT WORTH
City of Fort Worth
Office of Business Diversity
IVIBE Subcontractors/Suppliers Utilization Form
C. Green Scaping, LP
Candleridge Park Erosion Control Improvements
a o'
°
s MBE Project
16
ommitmenr.
Check appticable box to describe
offeror's Certification
MIVVlD(3E NON (WIDBE
BID DATE
2/27/2020
CO2717
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing
Division no later than 2'00 p.m. on the second City business day after bid opening, exclusive of bid opening date,
will result in the bid being considered non -responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being
considered non -responsive to bid specifications.
MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of
bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic
area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties.
Prime contractors must identify by tier level of all subcontractors/suppliers. Tier means the level of
subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a
subcontractor is considered Is'tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime
contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and
counting those- dollars towards meeting the contract committed goat.
ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located within the Marketplace, that have been determined to be a bonafide minority
business enterprise by the North Central Texas Regional Certification Agency tNCTRCA) and the Dallas/Fort Worth
Minority Supplier Development Council (DIFVV MSDC).
If hauling services are utilized, the Offeror will be given credit as long as the MBE listed awns and
operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease
trucks from another MBE firm, including MBE owner -operated, and receive full MBE credit. The MBE may
lease trucks from non -MBEs, including owner -operated, but will only receive credit for the fees and
commissions earned by the MBE as outlined in the lease agreement.
Rev. 2113119
FORT WORTH ATTACHMENT 1A
Page 2 of 4
Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non -MBEs. MBE firms are to be
listed first, use additional sheets if necessary. Please note that only certified MBEs will be cnunted to meet an MBE goal.
N
Sl.1RC ONTRAC TO RfS U PP LJER
Company Name T rv9 W n Detail Detail
Address i g B Subcontracting Supplies Dollar Amount
TelephonelFax E M Work Purchased
Email B
Contact Person E
Hanes Geo
PO Box 60984,
Charlotte, NC 28260
Wilson, 817-471-6917
�j
I I
El
Pyramat turf mat,
gabion mattresses,
fiexamat with anchor
$ 35,000.00
CAPA Concrete, Inc.
4460 Langdon Rd.
Dallas, TX 75241
469-802-6259
❑
Concrete supplier
$ 9,70Q.00
capaconcrete�7a con
1
Yocasta Carrion
J. Munoz Trucking, LLC
Sergio Munoz
817-916-8053
❑
Trucking firm -
Note he will only
$ 2,500.00
sergio@jmunortrucking.co
rt
be needed if our
truck is out of ser
ice
Living Earth
PO Box 6601919
Dallas, TX 75266
817-624-7830
Paul Tomaso
Buyers Barricades
P❑ Box 733729
Dallas, TX 75373
817-535-3939
DBE Firm
❑1❑
Topsoil supplier 1 $ 5,000m
ignage, barrica s
T
$ 1,500.00
Rev. 5/15119
FORTWORTH ATTACHMENT
�'� Page 3 of
4
Offerors are required to identify ALL subcontractors/suppl-iers, regardless of status; i.e., Minority and non -MBEs. MBE firms are to be
listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal.
N
SUBCONTRACTOR/SUPPLIER
Company Name T W n Detail Detail
Address i g B Subcontracting Supplies
TelephonelFax e E E M Work Purchased Dollar Amount
Email r B
Contact person E
nu
nu
XMILE
uo
n�
{}Hj'p'l' ATTACHMENT 1A
Page 4 of 4
Total Dollar Amount of MBE Subcontractors/Suppliers
$
$ 12,200.00
Total Dollar Amount of Non -MBE Subcontractors/Suppliers
$
$ 41,500M
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS
$
53,700.00
The Offeror will not snake additions, deletions, or substitutions to this certified list without the prior approval of the
Office of Business Diversity through the submittal of a Request for Approval of ChangelAddifion
forin. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in
accord with the procedures Outlined in the ordinance. The Offeror shall submit a detailed explanation of
how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is
not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror fur-ther agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including MBEs) and
any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any
books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with
owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that
will substantiate the actual work performed by the MBEs) on this contract, by are authorized officer or employee
of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract
or debarment from City work for a period of not less than three (3) years and for initiating action under Federal,
State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material
breach of the contract and may result in a determination of an irresponsible Offeror and debarment from
participating in City work for a period of time not less than one (1) year,
Authorized Sigiyalure
Project Manager
Titre
C- Green Scaping, LP
Company Name
2401 Handley Ederville Rd
Address
Ft. Worth Tx 75118
CitylStatelZip
Office of Business Diversity
Email: mwheoffoce@fQdworthtexas,gov
Phone: (817) 392-2674
Stacy Geigenrniller
Printed signature
Contact Name/Title (if different)
817-577-9299 / 817-577-9331 fax
Telephone andlor Fax
sgeigenr-niller@greenscaping.com
Email Address
3/2/2020
Date
Rev. 5115fig
FORT WORTH
City of Fort Worth
Minority Business Enterprise Specifications
Prime Contractor Waiver Form
ATTACHMENT 1B
Page 1 of 1
OFFEROR COMPANY NAME: Check applicable box to describe Offerar's
Certification
C. Green Scaping, LP
MIUVIt][3E NDN-M1llVIt7t3L:
PROJECT NAME:
BID DATE
Candleridge Park Erasion Control Improvements 2/27/2020
City's MBE Project Goal: Offeror's MBE Prolect Commitment: PROJECT NUMBER
4 % 16 % CO2717
If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on
this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is
NO, then you must complete ATTACHMENT 1C. This form is only applicable if bDih answers are yes.
Failure to complete this form in its entirety and be received by the Purchasina Division no later than_2:00
m., on the second City business day after bid opening, exclusive of the bid opening date, will result in
the bid being considered non -responsive to bid specifications.
Will you perform this entire contract without subcontractors?
YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
NO
project, this is your normal business practice and provide an operational profile of your 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 Offeror further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including MBEs) on this contract, the payment thereof and
any proposed changes to the original MBE(s) arrangements submitted with this bid. The Offeror also agrees to
allow an audit and/or examination of any gooks, records and files held by their company that will substantiate the
actual work performed by the MBEs 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
and 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.
P IF
Project Manager
'Title
C. Green Scaping, LP
Company Name
2401 Handley Ederville fed
Address
Ft. Worth TX 76118
CitylState/Zip
Stacy Geigenmiller
Printed Signature
Contact Name (if different)
817-577-9299 / 817-577-9331
Phone Number Fax Number
sgeigenmiller@greenscaping.com
Email Address
Date
3/2/2020
Office of Business Diversily Rev. 5/15119
Email: mwbeoffice@fortworlhtexas.gov
Phone: (817) 392-2674
ATTACHMENT 1C
Page 1 of 4
Fo RT WORTH City of Fort Worth
Minority Business Enterprise
MBE Good Faith Effort Form
OFFEROR COMPANY NAME: Check applicable box to describe
Offeror's Certification
C. Green Scaping, LP lvl/V /DBE NON-MMIQBE
PROJECT NAME:
BID DATE
Candleridge Park Erosion Control Improvements 2/27/2020
City's MBE Project Goal: Offaror's MBE Project Commitment: PROJECT NUMBER
4 % 16 % CO2717
If the offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this
form.
If the Offeror's method of compliance with the MBE goal is based upon demonstration of a
"good faith effort", the Offeror will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 11 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional andlor knowing
misrepresentation of the facts or intentional discrimination by the Offeror.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive
of bid opening date, will result in the bid being considered non -responsive to bid specifications.
1.j Please list each and every subcontracting andlor supplier opportunity for the completion of this
project, regardless of whether it is to be provided by a MBE or non -MBE. iDO NOT LIST NAMES OF
FIRMS] On all projects, the Offeror mast list each subcontracting and or supplier opportunity
regardless of tier.
(Use additional sheets, if necessary)
List of Subcontracting opportunities
List of Supplier opportunities
Retaining Wali
Concrete Redi-Mix
Gabion Installer
Truck/hauling - if our truck breaks dawn -�
ACB Block Installer
Erosion Material
Tun` Reinforcement Matt
Rev. 5115119
ATTACHMENTiC
Page 2 of 4
2,) Obtain a current (not more than two (2) months old from the bid open date) list of MBE subcontractors
andlor suppliers from the City's Office of Business Diversity.
® Yes Date of Listing /1 7/2a24
❑ No
3.) Did you solicit bids from MSE firms, within the subcontracting andlor supplier areas previously listed,
at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened?
® Yes (If yes, attach MBE mail listing to include name of firm and address and a dated copy of fetter mailed.)
❑ No
4.j Did you solicit bids from MSE firms, within the subcontracting andlor supplier areas previously listed,
at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened?
® Yes (If yes, attach list to include name of MBE firm, person contacted, phone numher and date and time of contact.)
❑ No
5.) Did you solicit bids from MBE firms, within the subcontracting andlor supplier areas previously listed.
at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are
opened?
Yes (If yes, attach list to include name of MBE firm, fax number and date and time of contact. In addition, If the fax
is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the
facsimile for proper documentation. Failure to submit confifmation andlor "undeliverable confirmation"
No documentation may render the GFE non -responsive.)
❑
6.) Did you solicit bids from MBE firms, within the subcontracting andlor supplier areas previously listed,
at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened?
Yes (If yes, attach email confirmation to include name of MBE firm, date and time. In addition, if an email is returned
as undeliverable, then that "undeliverable message" receipt must be printed directly from the email system for
proper documentation. Failure to submit confirmation andlor "undeliverable message" documentation may
No render the GFE non -responsive.)
❑
NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method
must be applied to the applicable contract. The Offeror must document that either at least two attempts
were made using two of the four methods or that at least one successful contact was made using one of
the four methods in order to deemed responsive to the Good Faith Effort requirement,
NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier
opportunity to be in compliance with questions 3 thru 6.
7.y Did you provide plans and specifications to potential MBEs?
Yes
❑ No
8.) Did you provide the information regarding the location of plans and specifications in order to assist
the MBEs?
® Yes
❑ No
Rev. 5115/19
ATTACHMENT 1C
Page 3 of 4
9.) Did you prepare a quotation for the MBEs to bid on goodsiservices specific to their skill set?
Yes (If yes, attach all copies of quotations.)
No
10.) Was the contact information on any of the listings not valid?
(it yes, attach the information that was not valid in order for the office of Business Diversity to address
® Yes the corrections needed.) see excel spreadsheet With good faith effort notes
No
11.)5ubmit documentation if MBE quotes were rejected. The documentation submitted should be in the
forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting
documentation the Offeror wishes to be considered by the City. 1n the event of a bona fide dispute
concerning quotes, the Offeror will provide for confidential in-came►a access to an inspection of any
relevant documentation by City personnel.
(Pie se use additional sheers, if necessary, and attach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
DITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
MBE participation on this project.
Greed Scaping can self peforrn all scopes of work within this project. However, to give other MBE
Irms an opportunity, we reached out toWorth Ice for a list ot sub -contractors as well
as suppliers in the areas of need. Two sub contracting fields Gabion and ACB Installer No MBE
firms were provided. As for the other areas, you'll find attached our spreadsheet showing
Good Faith Effort and notes.
We were able to find a concrete supplier, although not enough concrete will be needed to meet the
goal- -in addition, there is a "chance" we- coijid iise a tri-ickong fi[m, but QnlV if Our trucks arP
not operating. Please feel free to reach out to me with any questions.
The Offeror 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 Offeror 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 shall create a material breach of
contract and may result in a determination of an irresponsible Offeror and debarment
frorn participating in City work for a period of time not less than one (1) year.
Rev. 5/15119
ATTACHMENT IC
Page 4 of 4
The undersigned certifies that the information provided and the MBE(s) listed was/were
contacted in good faith. It is understood that any MBE(s) listed in Attachment 1 C will be
contacted and the reasons for not using them will be verified by the City's Office
of Business Diversity.
F
" jn
A uthori zed',S ig nature
Project Manager
Title
C. Green 5caping, LP
Company Name
2401 Handley Ederville Rd
Address
Ft. Worth TX 7E118
CitylStatelzip
Office of Business Diversity
Email: mwbecffice@fortvvorlhtexas.gov
Phone: (817) 392-2574
Stacy Geigenmiller
Printed Signature
Contact Name and Title (if different)
817-577-9299 1 817-577-93 31
Phone Number
sqeigenmiller@greenscaping.com
Email Address
3J212020
Date
Fax Number
Rev. 5f15119
FORT WORTH
CITY OF FORT WORTH
MBE Joint Venture Eligibility Form
Afl questions must he anstvered, use "NIA" if not applicahle.
Name of City project:
nn must he completed on each project
UP/Bid/Project Number: _
L Joint venture information:
Joint Venture
Page 1 of 3
Joint Venture Name:
N/A
Joint Venture Address:
(If applie (lb le)
Telephone:
Facsimile:
E-mail
Cellular:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the
joint venture
MBE firm
name:
Non -MBE firm
na me:
Business Address: N/A
Business Address: N/A_
City, state, Zip:
City, State, "Zip:
'telephone
E-mail
Telephone
E-mail
Cellular
Facsimile
Cellular
Facsimile
Certification Status,
Name of Certifying Agency:
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the MBE: Describe the cope of work of the non -MBE:
]A -
Rev. 5/15/19
N/A
Joint Venture
Page 2 of 3
3. What is the percentage of MBE participation on this ,joint venture that you wish to he counted toward
meeting the project goal?
4. Attach a copy of the joint venture agreement.
5. List Components of ownership of joint Venture: {Do nol cotnplele rf /his iiformalion is described in johif van fure agreeiven1)
Profit and loss sharing:
Capital contributions, including
equipment:
Other applicable ownership interests:
6. Identify by name, race, sea and firm those individuals [with titles] who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
-- __ b _Marketing and Sales - u
c, _ Hiring and Firing of management
personnel
d. Purchasing of major equipment
and/or supplies
Supervision of field operations
The City's Office of Business Diversity will review your joint venture submission and will have final
approval of the MBE percentage applied toward the goal for the project listed on this form.
NOTE:
From and after the date of project award, if any of the participants, the individually defined scopes of work or
the dollar amounts/percentages change from the originally approved information, then the participants must
inform the City's Office of Business Diversity immediately for approval. Any unjustified change or
deletion shall be a material breach of contract and may result in debarment in accord with the procedures
outlined in the City's BDE Ordinance.
Rev. 5115119
Joint Venture
Page 3 of 3
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall
agree to provide to the joint venture the stated scope of work, decision -malting responsibilities and payments
herein.
The City also reserves the sight to request any additional information deemed necessary to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is gi-ounds
for termination of the eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books, records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts.
Name of MBE firm Name of non -MBE firm
Printed Name ofOwaer
N/A
Primed Name of Owner
N/A
Signature of Owner
Signature of Owner
Printed Name ofOwner
Printed Naine of Owner
Signature of Owner
Signature of Owner
Title
Title
Dau!
Bate
State of
On this
Notarization
County of
day of , 20 , before ire appeared
and
to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their fi-ee act and deed.
Notary Public
Prins Name N/A
Notary Public
Signature
Commission Expires
Office of Business Diversity
Email: mwbeoffuce@fortworthtexas.gov
Phone: (817) 392-2674
fserrq
Rev. 5115119
FORT WORTH.
February 17, 2020
Stacy Geigeorniller
C. Green Scaping. LP
2401 Handley Ederville Rd.
Fort Worth, Texas 76118
Dear Ms. Geigenmiller:
This is in response to your request for the attached listings to assist your company in seeking and
utilizingMIN-sub-contractors and/or suppliers:
C2n1ractor Opportunifias R to
Retaining Wall
Asphalt
Gabion Installer
ACB Installer
Turf Reinforcement Mat
Supplier Opportunifies Requested
Concrete Redi-Mix
Trucking/ Hauling
Erosion Material
Limestone Rock for Gabion Mattress
Contractor Opportunities Provided
238110: Retaining wall
238140: Retaining wall, masonry
237991: Retaining walls construction
238990: Asphalting
No 1' BE firms provided
No MOrz firms provided
238990: Turf, artificial installation
Supplier Opportuniti2§ Provided
327320: Ready --Mix Concrete Mfg. & Distributing
484220: Dump Trucking
423390: Slit fence and other fabrics
merchant wholesalers
No i` BE firn-is provided
The attached listings can be utilized up to two months from the date of this letter, per
City of Fort Worth's Business Diversity Enterprise Ordinance #20020-12-2011. If additional
commodities are needed within this 2-month period, please contact this office and your
request will be processed immediately. Thank you for your interest and if we can be of
further assistance, feel free to contact us at (817) 392-2674.
Sincerely,
erlxw �le�w.�.0 nd
Administrative Technician
Economic Development Department
Office of Business Diversity
ECONOMIC DEVEI,OPMENT DEPARTMENT
OFFICE OF BUSINESS DIVERSITY
THE CITY OF FORT WORTH * 200 TEXAS STREET * PORT WORTH, TEYLAS 76102
Phone (817) 392-2674 * Fax (817) 392-2681
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DIN1WHE HFDR26659YII2 9 and Small Business Enterprise
GREEN SOAPING JJ6J
Grass Establishment • Erosion Control - Wetland [development • Mitigation • Biotechnical Embankment
INVITATION TO BID
PROJECT: City of Fort Worth — Candleridge Park Erosion Control
Improvements; # CO2717
BID DATE: February 27, 2020 at 1:00 pm
YES, WE WILL SUBMIT PROPOSAL.
0 NO, WE ARE NOT BIDDING THIS PROJECT
Supplier and Sub Contracting Opportunities Includes:
Concrete Redi-Mix, Trucking/Hauling, Turf Reinforcement Mat,
Gabion Mattresses, Retaining Wall, Articulated Stone Block Install
Plans and Specs are located via the City's website link below:
htt :Ilfort►vorthtexas, ovl urchasin
"Scroll down the page till you find the job #CO2717: Candleridge Park Erosion Control
Improvements and Click the Link which will take you to the Plans and Specs**
COMPANY NAME:
CONTACT PERSON:
CONTACT PHONE NO: -
E-MAIL ADDRESS:
----------------------------: FAX NO: ---------------------------
YOUR RESPONSE IS APPRECIATED
If you are a MINORITY WOMEN BUSINESS ENTERPRISE (MBE) Contractor or
Supplier, please include a copy of you Certification with your quote,
PLEASE NOTE IF YOU ARE BONDABLE AND SUPPLY THE BOND COST AS A
SEPARATE ITEM WITH YOUR QUOTE
CONTACT: Stacy Ceigeniniller (P) 817-577-9299 (F) 817-577-933I
E-MAIL ADDRESS: s ei =enmiller acgKeenscaping.con1
Nla2s LeOtv- +0 M i2--> E b sjl
DIMIWBE HFDB26659Y1119 and Sma'l[Bustness Enterprise
GREEN SCAPIN G JJ6J
Grass Establishment - Erosion Control • Wetland Development • Mitigation • 6iotechniral Embankment
February 17, 2020
Flatwork Construction, LLC
Attn: Estimator
1945 Courtside Drive
Dallas, TX 75051
RE: ITB - City of Fort Worth Candleridge Park Erosion Control; CO 2717
Estimator,
We are bidding on the above mentioned project for the City of Fort Worth on February 27,2020 and
would like to know if you are interested in sending us sub quotations for any of the below scopes of work
found within this project:
- Concrete Redi- Mix
- Trucking or Hauling
- Turf Reinforcement Mat
- Gabion Mattresses
- Retaining Wall
- Articulated Stone Block
Plans and Specs are located via the City's website link below:
littU:11fort►+-orthtexas.goN1purchasine/
**Scroll down the page till you find the job #CO2717: Candleridge Park Erosion Control
Improvements and Click the Link which will take you to the Plans and Specs**
Note - The bid date is February 27, 2020 at 1:30 pin, therefore we'll need all quotes in by end of business
on February 26, 2020,
Please feel fi-ee to contact me with any questions regarding this bid. Your response is greatly appreciated!
Thank you,
Stacy ICieen iller
Project Manager
sgeigenmil lerCgreenscaping. cam
2401 Handley Ederville Rd. - Ft. Worth - Texas - 76118
817-577-9299
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GC-6.07 Wage Rates
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
2013 PREVAILING WAGE RATES
(Heavy and Highway Construction Projects)
CLASSIFICATION DESCRIPTION
Wage Rate
Asphalt Distributor Operator
$
15.32
Asphalt Paving Machine Operator
$
13.99
Asphalt Raker
$
12.69
Broom or Sweeper Operator
$
11.74
Concrete Finisher, Paving and Structures
$
14.12
Concrete Pavement Finishing Machine Operator
$
16.05
Concrete Saw Operator
$
14.48
Crane Operator, Hydraulic 80 tons or less
$
18.12
Crane Operator, Lattice Boom 80 Tons or Less
$
17.27
Crane Operator, Lattice Boom Over 80 Tons
$
20.52
Crawler Tractor Operator
$
14.07
Electrician
$
19.80
Excavator Operator, 50,000 pounds or less
$
17.19
Excavator Operator, Over 50,000 pounds
$
16.99
Flagger
$
10.06
Form Builder/Setter, Structures
$
13.84
Form Setter, Paving & Curb
$
13.16
Foundation Drill Operator, Crawler Mounted
$
17.99
Foundation Drill Operator, Truck Mounted
$
21.07
Front End Loader Operator, 3 CY or Less
$
13.69
Front End Loader Operator, Over 3 CY
$
14.72
Laborer, Common
$
10.72
Laborer, Utility
$
12.32
Loader/Backhoe Operator
$
15.18
Mechanic
$
17.68
Milling Machine Operator
$
14.32
Motor Grader Operator, Fine Grade
$
17.19
Motor Grader Operator, Rough
$
16.02
Off Road Hauler
$
12.25
Pavement Marking Machine Operator
$
13.63
Pipelayer
$
13.24
Reclaimer/Pulverizer Operator
$
11.01
Reinforcing Steel Worker
$
16.18
Roller Operator, Asphalt
$
13.08
Roller Operator, Other
$
11.51
Scraper Operator
$
12.96
Servicer
$
14.58
Small Slipform Machine Operator
$
15.96
Spreader Box Operator
$
14.73
Truck Driver Lowboy -Float
$
16.24
Truck Driver Transit -Mix
$
14.14
Truck Driver, Single Axle
$
12.31
Truck Driver, Single or Tandem Axle Dump Truck
$
12.62
Truck Driver, Tandem Axle Tractor with Semi Trailer
$
12.86
Welder
$
14.84
Work Zone Barricade Servicer
$
11.68
The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by
the United States Department of Labor and current as of September 2013. The titles and descriptions for the
classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway,
Heavy, Utilities, and Industrial Construction in Texas.
Page 1 of 1
2013 PREVAILING WAGE RATES
(Commercial Construction Projects)
CLASSIFICATION DESCRIPTION
Wage Rate
AC Mechanic
$
25.24
AC Mechanic Helper
$
13.67
Acoustical Ceiling Installer
$
16.83
Acoustical Ceiling Installer Helper
$
12.70
Bricklayer/Stone Mason
$
19.45
Bricklayer/Stone Mason Trainee
$
13.31
Bricklayer/Stone Mason Helper
$
10.91
Carpenter
$
17.75
Carpenter Helper
$
14.32
Concrete Cutter/Sawer
$
17.00
Concrete Cutter/Sawer Helper
$
11.00
Concrete Finisher
$
15.77
Concrete Finisher Helper
$
11.00
Concrete Form Builder
$
15.27
Concrete Form Builder Helper
$
11.00
Drywall Mechanic
$
15.36
Drywall Helper
$
12.54
Drywall Taper
$
15.00
Drywall Taper Helper
$
11.50
Electrician (Journeyman)
$
19.63
Electrician Apprentice (Helper)
$
15.64
Electronic Technician
$
20.00
Floor Layer
$
18.00
Floor Layer Helper
$
10.00
Glazier
$
21.03
Glazier Helper
$
12.81
Insulator
$
16.59
Insulator Helper
$
11.21
Laborer Common
$
10.89
Laborer Skilled
$
14.15
Lather
$
12.99
Metal Building Assembler
$
16.00
Metal Building Assembler Helper
$
12.00
Metal Installer (Miscellaneous)
$
13.00
Metal Installer Helper (Miscellaneous)
$
11.00
Metal Stud Framer
$
16.12
Metal Stud Framer Helper
$
12.54
Painter
$
16.44
Painter Helper
$
9.98
Pipefitter
$
21.22
Pipefitter Helper
$
15.39
Plasterer
$
16.17
Plasterer Helper
$
12.85
Plumber
$
21.98
Plumber Helper
$
15.85
Reinforcing Steel Setter
$
12.87
Page 1 of 2
Reinforcing Steel Setter Helper
$
11.08
Roofer
$
16.90
Roofer Helper
$
11.15
Sheet Metal Worker
$
16.35
Sheet Metal Worker Helper
$
13.11
Sprinkler System Installer
$
19.17
Sprinkler System Installer Helper
$
14.15
Steel Worker Structural
$
17.00
Steel Worker Structural Helper
$
13.74
Waterproofer
$
15.00
Equipment Operators
Concrete Pum
$
18.50
Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel
$
19.31
Forklift
$
16.45
Foundation Drill Operator
$
22.50
Front End Loader
$
16.97
Truck Driver
$
16.77
Welder
$
19.96
Welder Helper
$
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted
and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the Lane Gorman
Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The
Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp
Page 2 of 2
GC-6.09 Permits and Utilities
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
integrated environmental solutions
12 December 2019
Mr. Konstantine Bakintas P.E.
Baird, Hampton & Brown
3801 William D. Tate; Suite 500
Grapevine, Texas 76051
Re: Waters of the United States Delineation and Section 404 Permit Assessment — Candleridge Park
An 88-Acre community park located at 4301 French Lake Drive in the City of Fort Worth, Tarrant County,
Texas.
Dear Mr. Bakintas,
Integrated Environmental Solutions, LLC. (IES) performed a site survey to identify any aquatic resources that meet a
definition of a water of the United States on an 88-acre community park, Candleridge Park, at 4301 French Lake
Drive, in the City of Fort Worth, Tarrant County, Texas. (Attachment A, Figure 1). This report will ultimately assess
and delineate potentially jurisdictional aquatic resources to ensure compliance with Sections 401 and 404 of the
Clean Water Act (CWA).
INTRODUCTION
Waters of the United States are protected under guidelines outlined in Sections 401 and 404 of the Clean Water Act
(CWA), in Executive Order (EO) 11990 (Protection of Wetlands), and by the review process of the Texas Commission
on Environmental Quality (TCEQ). Agencies that regulate impacts to the nation's water resources within Texas
include the U.S. Army Corps of Engineers (USACE), the U.S. Environmental Protection Agency (USEPA), the U.S. Fish
and Wildlife Service (USFWS), and the TCEQ. The USACE has the primary regulatory authority for enforcing Section
404 requirements for waters of the United States.
The definition of waters of the United States, in 33 Code of Federal Regulations (CFR) 328.3, includes waters such as
intrastate lakes, rivers, streams (including intermittent streams), mudflats, wetlands, sloughs, wet meadows, or
natural ponds and all impoundments of waters otherwise defined as waters of the United States. Also included are
wetlands adjacent to waters (other than waters that are themselves wetlands). The term adjacent is defined as
bordering, contiguous, or neighboring. Jurisdictional wetlands are a category of waters of the United States and
have been defined by the USACE as areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Waters of the United States are defined in 33 CFR 328.3 (a), 13 November 1986, as:
1. All waters which are currently used, or 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;
2. All interstate waters including interstate wetlands,
3. 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, the use,
degradation, or destruction of which could affect interstate or foreign commerce including any such waters:
Integrated Environmental Solutions, LLC. ' 610 Elm Street, Suite 300
McKinney, Texas 75069 www.intetivsol.com
Telephone: 972.562.7672
Mr. Konstantine Bakintas, P.E.
Candleridge Park — Waters of the United States Delineation and Section 404 Permit Assessment
12 December 2019
i. Which are or could be used by interstate or foreign travelers for recreational or other purposes; or
ii. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
iii. Which are used or could be used for industrial purposes by industries in interstate commerce;
4. All impoundments of waters otherwise defined as waters of the United States under the definition;
5. Tributaries of waters identified in paragraphs (a)(1)-(4) of this section,
6. The territorial seas;
7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs
(a)(1)-(6) of this section.
On 05 June 2007, the USACE and the USEPA issued joint guidance on delineation of waters on the United States
based on the U.S. Supreme Court decisions in Roponos and Carabell. Under this guidance, potential waters of the
United States have been classified as traditional navigable waters (TNW), relatively permanent waters (RPW) (i.e.,
having flow most of the year or at least seasonally), or non-RPWs. This guidance states that TNWs and RPWs and
contiguous or adjacent wetlands to these aquatic resources are waters of the United States. Wetlands that are
bordering, contiguous, or neighboring another water of the United States is considered adjacent. Additionally,
wetlands that are within the 100-year floodplain of another water of the United States are also considered adjacent.
Non-RPWs, wetlands contiguous or adjacent to non-RPWs, and isolated wetlands must undergo a "significant nexus"
test on a case -by -case basis to determine the jurisdictional nature of these aquatic resources. Under the "significant
nexus" test a water feature must have substantial connection to a TNW by direct flow, or by indirect biological,
hydrologic, or chemical connection. Under the "significant nexus" test the USACE District Engineer must submit the
jurisdictional determination (JD) to the regional USEPA office, which makes the decision whether to move the JD to
Headquarters USACE to make the final determination.
The new guidance does not void the January 2001 decision of the U.S. Supreme Court in Solid Waste Agency of
Northern Cook County (SWANCC) v. USACE which disallowed regulation of isolated wetlands under the CWA through
the "Migratory Bird Rule." Previously, the USACE assumed jurisdiction over isolated waters of the United States
based on its 1986 preamble stating that migratory birds used these habitats. The "Migratory Bird Rule" provided
the nexus to interstate commerce and thus protection under the CWA. However, the new guidance does require
that the "significant nexus" test be performed in addition to an analysis of other potential interstate commerce uses
for isolated waters.
METHODOLOGY
Prior to conducting fieldwork, the U.S. Geological Survey (USGS) topographic map (Attachment A, Figures 2A and
26), the Soil Survey of Tarrant County, Texas, and the U.S. Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS) digital soil databases for Tarrant County (Attachment A, Figure 3), the Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) (Attachment A, Figure 4), and historic
aerial photographs of the proposed survey area were studied to identify possible aquatic features that meet the
definition of waters of the United States and areas prone to wetland development (Attachment C). Mr. Pat Donohue
and Ms. Sarah Grubbs of IES conducted the delineation in the field in accordance with the USACE procedures on 03
December 2019.
Wetland determinations and delineations were performed on location using the methodology outlined in the 1987
Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineer Wetland
Delineation Manual: Great Plains Region (Version 2.0). The presence of a wetland is determined by the positive
indication of three criteria (i.e., hydrophytic vegetation, hydrology, and hydric soils). Potential jurisdictional
boundaries for other water resources (i.e., non -wetland) were delineated in the field at the ordinary high-water
mark (OHWM). The 33 CFR 328.3(e) defines OHWM as the line on the shore/bank established by flowing and/or
standing water, marked by characteristics such as a clear, natural line impressed on the bank, erosion shelving,
changes in the character of soil, destruction of terrestrial vegetation, presence of litter and debris, or other
appropriate means that consider the characteristics of the surrounding areas.
Mr. Konstantine Bakintas, P.E.
Candleridge Park — Waters of the United States Delineation and Section 404 Permit Assessment
12 December 2019 Paae 3
Water feature boundaries were recorded on a Trimble GeoExplorer XT Global Positioning System (GPS) unit capable
of sub -meter accuracy. Photographs were also taken at representative points, and their locations recorded, within
the survey area (Attachment B). Historic aerial photography used in the jurisdictional determination of some aquatic
resources is included in Attachment C.
RESULTS
Background Review
The USGS topographic maps (Benbrook 7.5' Quadrangle, 1959, revised 1974 and 2019) illustrate one blue line
feature, an unnamed tributary of Sycamore Creek and one large, on -channel impoundment within the survey area.
The unnamed blue line feature is illustrated entering the westernmost boundary of the survey area with an overall
southwest -to -northeast orientation, flowing into the impoundment, and ultimately exiting through the northeastern
boundary. The on -channel impoundment is illustrated across the majority of the eastern portion. The overall
topography of the site was illustrated as converging hillslopes on a drainage corridor. The maximum elevation of
the project site was approximately 820 feet above mean sea level (amsl) and a minimum elevation of approximately
800 feet amsl (Attachment A, Figures 2A and 213).
The Soil Survey of Tarrant County, Texas identifies one soil map unit within the survey area: Sanger -Urban land
complex, 1 to 5 percent slope. This soil map unit was not listed on The Hydric Soils of Texas list prepared by the
National Technical Committee for Hydric Soils (accessed 26 November 2019, Tarrant County, Texas) (Attachment A,
Figure 3).
The FEMA FIRM (Tarrant County; Map Panel 48439CO295K; effective 25 September 2009) shows most of the survey
area to be within Zone A (Special Flood Hazard Areas subject to inundation by the 1% annual chance flood). The
southeastern edge of the survey area is located within Zone X Shaded (Areas of 0.2% annual chance flood; areas of
1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and
areas protected by levees from 1% annual chance flood) (Attachment A, Figure 4).
Historic aerial photographs from Environmental Data Resources, Inc. (EDR) were reviewed to help determine the
jurisdictional nature of the features within the survey area (see Attachment C). Below is a summary of each year's
historic images as they relate to aquatic resources.
1942-1973 —The survey area consists of a large drainage course, while the surrounding properties appear
to be used for agriculture activities. One tributary is observed in the western portion of the survey area
with a large on -channel impoundment in the eastern portion of the survey area, similar in location to the
USGS topographic maps. Evidence of confined flow is observed in the southernmost portion of the survey
area with an overall south -to -northeast orientation. Some erosion features or hillside scours are visible in
the areas surrounding the main drainage course, but these features do not appear to form distinct channels.
1979 — Most of the surrounding properties have been developed into residential areas with homes and
associated infrastructure. The main drainage course appears to retain more water as a result of stormwater
runoff. Color signatures indicate the excavation of a linear drainageway in the southernmost portion of the
survey area where evidence of confined flow was indicated from 1942 to 1973.
1984-2016 — The survey area has been transformed into a park with sidewalks connecting to the
surrounding residential area. Natural succession occurs within the survey area as color signatures indicate
the presence of landscaped trees becoming larger over time with a maintained understory. Areas outside
of the survey area have been completely developed. The tributary and large on -channel impoundment
appear to remain the same. The drainageway in the southernmost portion appears to be maintained to
drain stormwater from the surrounding areas.
Field Investigation
The survey area was characterized as a maintained urban landscape and park with planted trees along sidewalks and
roadways. The maintained urban park vegetation community was dominated by Bermudagrass (Cynodon dactylon)
with scattered live oak (Quercus virginiana), bur oak (Quercus macrocarpa), Shumard's oak (Quercus shumardii),
bald cypress (Taxodium distichum), black willow (Salix nigra), and eastern redcedar (Juniperus virginiana) trees.
Mr. Konstantine Bakintas, P.E.
Candleridge Park — Waters of the United States Delineation and Section 404 Permit Assessment
12 December 2019 Paae 4
Scattered black willow trees with Johnsongrass (Sorghum halepense), rattlebush (Sesbania drummondii), spreading
hedgeparsley (Torilis arvensis), willow baccharis (Baccharis salicina), and giant ragweed (Ambrosia trifida) were
observed along drainageways in the western and southcentral portion of the survey area.
The overall topography of the survey area was oriented southwest -to -northeast. Water from the survey area
ultimately flows northeast towards Sycamore Creek. Sycamore Creek flows into the West Fork Trinity River which
ultimately flows into the Trinity River, a TNW. The survey area contained two tributaries and one pond at the time
of the field evaluation. Table 1 and the following paragraphs detail the aquatic resources identified within the survey
area.
Table 1. Aauatic Resources Identified within the Survev Area
Water Identification
Hydrology
Characteristics
Area
(Acre)
Length
I (Linear Feet)
Tributary 1
Intermittent
0.33
1,718
Tributary 2
Intermittent
0.03
322
Pond 1
Permanently Inundated
4.22
---
Tributary 1 was identified in the western portion of the survey area with an overall southwest -to -northeast
orientation. Tributary 1 entered the survey area through a series of box culverts and ultimately emptied into Pond
1. The tributary's OHWM was identified and delineated by the presence of a bed and bank, sediment sorting, the
destruction of terrestrial vegetation, the presence of litter and debris, and a natural line impressed in the bank. At
the time of the evaluation the tributary was observed with flowing water throughout the length of the channel. The
channel's substrate was comprised of silt and clay with gravel and cobble throughout. Tributary 1 was incised into
the landscape between 1 to 5 feet with average OHWM widths between 4 to 15 feet. Based on the tributary's
location in the watershed and the presence of flowing water within the channel at the time of the evaluation, it is
IES' professional opinion that Tributary 1 would be considered intermittent.
Tributary 2 was identified in the southernmost portion of the survey area with an overall southeast -to -northwest
orientation, ultimately flowing into Tributary 1. A review of historical aerial photographs shows evidence of confined
flow in the same location of Tributary 2 from 1942 to 1973. The tributary was channelized in 1979 and has served
as a drainageway for residential runoff since the surrounding area was developed. The tributary's OHWM was
identified and delineated by the presence of a bed and bank, the destruction of terrestrial vegetation, the presence
of litter and debris, and sediment sorting. Flowing water and multiple plunge pools were observed throughout the
length Tributary 2 and the channel's substrate was comprised of silt and clay, with gravel and cobble throughout.
Tributary 2 was incised into the landscape between 2 to 4 feet deep with average OHWM widths between 4 to 5
feet. Given the tributary's location in the watershed and the large amount of water observed within the channel, it
is IES' professional opinion that Tributary 2 would be considered to have intermittent flow.
Pond 1 was identified as an impounded portion of Tributary 1. The pond's limits were identified and delineated by
a waterline along a retaining wall that lines most of the pond. Pond 1 was inundated with pooled water at the time
of the evaluation that completely lacked observable flow and had water depths that were indeterminable as a result
of high turbidity. Historic and recent aerial photography indicate that Pond 1 would predominantly remain
permanently inundated.
POTENTIAL JURISDICTIONAL ASSESSMENT
The 05 June 2007 USACE and USEPA jointly published instructional guidebook is intended to provide the USACE field
staff a national standard operating procedure for conducting jurisdictional determinations. The guidebook was
prepared by combining all prior applicable provisions, regulations, statutes, and case laws pertaining to the CWA.
All terms, definitions, and conclusions regarding the jurisdictional nature of the aquatic resources used within this
report are derived directly, as they are practiced, from the guidance. The following outlines the applicable
interpretations of the guidance appropriate for this situation.
Mr. Konstantine Bakintas, P.E.
Candleridge Park — Waters of the United States Delineation and Section 404 Permit Assessment
12 December 2019
Tributaries 1 and 2
It was determined that Tributaries 1 and 2 were RPWs with intermittent flow. As such, Tributaries 1 and 2 would
meet a definition of a water of the United States and would be subject to regulation under Section 404 of the CWA.
Pond 1
Pond 1 was identified as impoundment of a jurisdictional tributary. Thus, Pond 1 would be subject to jurisdiction
under Section 404 of the CWA, by definition, as it; is either a natural pond, impoundment of waters, or waters as
defined in paragraphs (a)(1)-(7) of the CWA 33 CFR 328.3.
REGULATED ACTIVITIES AND SECTION 404 PERMIT ASSESSMENT
Activities that result in the discharge of dredge or fill material into waters of the United States are regulated under
Section 404 of the CWA. The USACE has established the Nationwide Permit (NWP) program to efficiently authorize
common activities that do not significantly impact waters of the United States. The USACE has the responsibility to
authorize permitting under an NWP or to require an Individual Permit (IP). The most current NWPs were issued on
19 March 2017 and will expire on 20 March 2022. In the event that an individual utilizes and designs in accordance
with the terms and conditions of the NWP, the USACE allows for a 1-year extension to the NWP to complete the
work in waters of the United States.
Ideally, the USACE encourages potential Permittees to avoid and minimize impacts to waters of the United States.
Typically, if discharges result in the loss of less than 0.50 acre of waters of the United States, then the project could
be authorized by an NWP with the potential for a pre -construction notification (PCN) to the USACE per General
Condition 32. If, after a professional delineation and a USACE jurisdictional determination are performed, the total
loss to waters of the United States is greater than 0.5 acre, an IP would likely be required. If impacts to tributaries
are greater than 300 linear feet, typically a waiver must be requested from the district engineer concluding that the
discharge will result in minimal adverse effects.
The proposed project is associated with an urban park; however, the designed and planned impacts to waters of the
United States are solely limited to bank stabilization activities. This is an important distinction because the USACE
has 50 NWPs that are specific to general and routine projects that have minor impacts to waters of the United States.
There is an NWP for bank stabilization activities (i.e., NWP 13).
These activities could be authorized under NWP 13 — Bank Stabilization depending on the size and nature of the
impacts. NWP 13 authorizes the discharge of dredged or fill material for bank stabilization activities necessary for
the erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion
baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques. This NWP also authorized
temporary structures, fills, and work, including the use of temporary mats, necessary to construct the bank
stabilization activity. The proposed bank stabilization portion of the project may be authorized under this NWP
provided it meets the following criteria:
• No material is placed in excess of the minimum needed for erosion protection;
• The activity is no more than 500 feet in length along the entire bank;
• The activity will not exceed an average of 1 cubic yard per running foot placed along the bank below the
plane of the ordinary high-water mark (OHWM) or the high tide line;
• The activity does not involve discharges of dredged or fill material into special aquatic sites;
• No material is of the type, or is placed in any location, or in any manner, to impair surface water flow into
or out of any water of the United States;
• No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored
trees and treetops may be used in low energy areas); and
• The activity is not a stream channelization activity.
NWP 13 has a PCN requirement to the USACE for the use of NWP 13 once one or more of the following criteria have
been exceeded. The bold criteria are more applicable to this project:
• Involves discharges into special aquatic sites; or
Mr. Konstantine Bakintas, P.E.
Candleridge Park — Waters of the United States Delineation and Section 404 Permit Assessment
12 December 2019
• Is in excess of 500 feet in length; or
• Will involve the discharge of greater than an average of 1 cubic yard per running foot along the bank
below the plane of the OHWM or the high tide line.
IES evaluated the design provided by Baird, Hampton & Brown for the quantitative criteria associated with the bank
stabilization activities to determine whether or not they comply with NWP 13; and if so, whether or not the project
would require a PCN submittal to the USACE. It is important to note, that there were no wetlands or any other
special aquatic sites within the survey area. The proposed bank stabilization activities occur in two jurisdictional
aquatic resources resulting in nine impact areas totaling 354 linear feet with an average running cubic yards of 0.16
(Table 2, Attachment A, Figure 6). Therefore, it is IES' opinion that the discharge quantities for the bank stabilization
activities along Tributary 1 would qualify for NWP 13 — Bank Stabilization, without a PCN submittal to the USACE.
Table 2. Anticipated Impacts to Waters of the United States
Impact Number
Feature ID
Impact Type
Impact Area
(Square Feet)
Impact Area
(Cubic Yards)
Impact Length
(Linear Feet)
1
Tributary 1
Direct/Permanent
643.68
35.45
134
2
Tributary 1
Direct/Permanent
2.28
0.17
4
3
Tributary 1
Direct/Permanent
59.67
4.42
51
4
Tributary 1
Direct/Permanent
2.62
0.19
6
5
Tributary 1
Direct/Permanent
14.32
1.06
9
6
Tributary 1
Direct/Permanent
44.34
3.28
32
7
Tributary 1
Direct/Permanent
126.32
9.36
52
8
Tributary 2
Direct/Permanent
29.87
2.21
37
9
Tributary 2
Direct/Permanent
12.07
0.89
29
Total
935.17
57.03
354
All of the NWPs have the same standard General Conditions that may or may not be applicable to each project. IES
has reviewed the General Conditions and determined the following General Conditions have a potential to be
applicable to the proposed project. Please review the following conditions and as the project is designed and
constructed ensure that the project complies with each. The following are a brief summary of the General Condition;
please review to Attachment D for the complete language as specified by the NWP.
• GC2: Aquatic Life Movement — If temporary culverts are installed for access, they will need to be placed in
a manner to maintain low flow conditions.
• GC3: Spawning Areas — Activities in spawning areas during spawning seasons must be avoided to the
maximum extent practicable.
• GC6: Suitable Material — temporary fills for access road must be clean earthen or rock material that does
not contain any pollutants.
• GC9: Management of Water Flows — the work in waters of the United States shall be restored to the pre -
construction course, condition, capacity, and location. Any temporary crossings should handle normal and
expected high flows. If culverts are necessary for temporary access, they shall be installed to pass the flows
and not create an impoundment.
• GC10: Fills Within 100-Year Floodplains — The activity must comply with applicable FEMA-approved state
and local floodplain management requirements.
• GC12: Soil Erosion and Sediment Controls — Appropriate best management practices (BMPs) shall be
installed (i.e., silt fence/wattles) around the disturbed areas and along the reservoir in the area to minimize
any sediment into the reservoir or off the site. The disturbed areas shall be re -seeded with approved
grasses immediately after construction.
• GC13: Removal of Temporary Fills — Temporary fills must be removed in their entirety and the affected
areas returned to their pre -construction elevations.
• GC14: Proper Maintenance — The authorized structure or fill must be properly maintained to ensure public
safety.
Mr. Konstantine Bakintas, P.E.
Candleridge Park — Waters of the United States Delineation and Section 404 Permit Assessment
12 December 2019
GC20: Historic Properties — If there is a potential for the activity to affect properties listed, or eligible for
listing, in the National Register of Historic Places, a PCN would be required and all requirements of Section
106 of the National Historic Preservation Act (NHPA) must be followed.
GC24: Safety of Impoundment Structures — If cofferdams are necessary for construction, they shall be
designed by qualified persons and must comply with established safety criteria.
On 06 March 2017, the Texas Commission on Environmental Quality (TCEQ) conditionally certified that the activities
authorized under NWPs should not result in a violation of established Texas Water Quality Standards as required by
Section 401 of the CWA and pursuant to Title 30 Texas Administrative Code, Chapter 279 provided that specific
conditions are followed (Attachment E). Attachment E provides a list of BMPs for erosion control, sediment control,
and post -construction total suspended solids (TSS) control. The project must implement at least one of the BMPs
from erosion control and sediment control categories to comply with Section 401 of the CWA and applicable state
laws.
CONCLUSIONS
To summarize the delineation, two tributaries and one pond were identified and delineated within the survey area.
A summary of these features' characteristics is presented in Table 1 and a summary of the jurisdictional assessment
is presented in Table 3. It was determined that Tributaries 1 and 2 would be considered jurisdictional as they are a
tributary with relatively permanent flow. Pond 1 was identified as an impoundment of an RPW and would therefore
be subject to regulation under Section 404 of the CWA. IES determined that this project could be authorized under
NWP 13 without notification to the USACE as the bank stabilization activities are below the PCN thresholds.
Table 3. Jurisdictional Assessment of Aquatic Resources
Water
Identification
Water of the
United States
Post-Rapanos
Water Classification
33 CFR 328.3
Definition
Tributary 1
Yes
RPW
(a)(5)
Tributary 2
Yes
RPW
(a)(5)
Pond 1
Yes
Impoundment of an RPW
(a)(4)
This delineation is based on professional experience in the approved methodology and from experience with the
USACE Fort Worth District regulators; however, this delineation does not constitute a jurisdictional determination
of waters of the United States. This delineation has been based on the professional experience of IES staff and our
interpretation of USACE regulations at 33 CFR 328.3, the joint USACE/USEPA guidance regarding the Rapanos and
Carabell decisions, and the Regulatory Guidance Letter (RGL) 08-02. While, IES believes our delineation to be
accurate, final authority to interpret the regulations lies solely with the USACE and USEPA. The USACE Headquarters
in association with the USEPA often issue guidance that changes the interpretation of published regulations.
USACE/USEPA guidance issued after the date of this report has the potential to invalidate the report conclusions
and/or recommendations, which may create the need to reevaluate the report conclusions. IES has no regulatory
authority, as such, proceeding based solely upon this report does not protect the Client from potential sanction or
fines from the USACE/USEPA. The Client acknowledges that they have the opportunity to submit this report to the
USACE for a preliminary jurisdictional determination for concurrence prior to proceeding with any work within
aquatic resources located on the survey area. If the Client elects not to do so, then the Client proceeds at their sole
risk.
Mr. Konstantine Bakintas, P.E.
Candleridge Park — Waters of the United States Delineation and Section 404 Permit Assessment
12 December 2019
IES appreciates the opportunity to work with you and Baird, Hampton & Brown on this project, and we hope we may
be of assistance to you in the future. If you have any comments, questions, or concerns, please do not hesitate to
contact us. We can be reached at 972-562-7672 or by email at skipp@intenvsol.com or rreinecke(c@intenvsol.com.
Sincerely,
Integrated Environmental Solutions, LLC.
/�ff
Mr. Shae Kipp
Ecologist
Attachments
File ref.• 04.322.003
ATTACHMENT A
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General Location Map
w Park . .
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Tarrant County, Texas
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File Ref. 04-322.003
S
.A
Date: 12/2/2019
I
I Area of Detail Scale: 1 inch equals 10 miles
Figure 2A.
Topographic Setting
Candleridge Park
City of Fort Worth
Tarrant County, Texas
Feet N
1 in = 600 feet
0 600
W E
File Ref. 04.322.003
Date: 12/2/2019 S
0
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Figure 2B. QSurveyArea
Topographic Setting
Candleridge Park
City of Fort Worth
Tarrant County, Texas
Feet N
1 in = 600 feet
0 600
W E
File Ref. 04.322.003
Date: 12/2/2019 S
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Figure 3. QSurvey Area
Soils Map Soil Map Units Outside the Survey Area
Soil Map Units
Candleridge Park 67 - Sanger -Urban land complex, 1 to 5 percent slopes
City of Fort Worth
Tarrant County, Texas
Feet N
1 in = 600 feet
0 600 W+E,
File Ref. 04.322.003 S
Date: 12/2/2019
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Figure 5. QSurveyArea
Aquatic Resources Identified Aquatic Resources
within the Survey Area Pond
Tributary
Candleridge Park
City of Fort Worth
Tarrant County, Texas
Feet N
1 in = 300 feetMiiiiiiia
0 300
W E
File Ref. 04.322.003 S
Date: 12/5/2019
32
Figure 6.
Impacts to Aquatic Resources
Candleridge Park
City of Fort Worth
Tarrant County, Texas
Feet N
1 in = 50 feetMiiiiiiiiii
0 50
W E
File Ref. 04.322.003 4
Date: 12/10/2019
Impact 1:
134 Linear Feet
23.22 Cubic Yards
1
37 Linear Feet
2.21 Cubic Yards
*:
0.19 C►ubic Yard
Survey Area
Concrete Footing
Revised Slopes 4:1 with Turf Matting
Impacts to Aquatic Resources
Permanent
Aquatic Resources
Pond
Tributary
8,9 Cubic Yard
m
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Area of Detail Scale: 1 inch equals 1,500 feet
ATTACHMENT B
Site Photographs
`� ti r•
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lb
Al
Survey Area
Photograph Location Map O Photograph Location
Aquatic Resources
Candleridge Park Pond
City of Fort Worth Tributary
Tarrant County, Texas
Feet
1 in = 300 feet N
0 300
wL
File Ref. 04.322.003 —S
Date: 12/5/2019
Photograph 2
Photograph 7 Photograph 8
Y_ T
Photograph 10
FWM-.
Photograph 11
Photograph 15 Photograph 16
Photograph 17
Photograph 21
mum
w� r
Photograph 23 Photograph 24
Photograph 31
Photograph 32
Photograph 34
Photograph 37 Photograph 38
ATTACHMENT C
Historic Aerial Photographs
Candleridge Park
4301 French Lake Drive
Fort Worth, TX 76133
Inquiry Number: 5895331.1
December 06, 2019
6 Armstrong Road, 4th floor
Shelton, CT 06484
JrEDR� Toll Free: 800.352.0050
www.edrnet.com
EDR Aerial Photo Decade Package 12/06/19
Site Name: Client Name:
Candleridge Park
4301 French Lake Drive
Fort Worth, TX 76133
EDR Inquiry # 5895331.1
Integrated Env. Solutions, Inc.
610 Elm St Suite 300
McKinney, TX 75069
Contact: Sarah Grubbs
CEDW
Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist
environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's
professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo
per decade.
Search Results:
Year
Scale
Details
Source
2016
1 "=500'
Flight Year: 2016
USDA/NAIP
2012
1 "=500'
Flight Year: 2012
USDA/NAIP
2008
1 "=500'
Flight Year: 2008
USDA/NAIP
2005
1 "=500'
Flight Year: 2005
USDA/NAIP
1995
1 "=500'
Acquisition Date: January 31, 1995
USGS/DOQQ
1990
1 "=500'
Flight Date: January 26, 1990
NAPP
1984
1"=500'
Flight Date: June 01, 1984
TXDOT
1979
1 "=500'
Flight Date: November 11, 1979
USDA
1973
1 "=500'
Flight Date: May 16, 1973
USDA
1968
1 "=500'
Flight Date: September 18, 1968
USGS
1950
1 "=500'
Flight Date: December 30, 1950
USDA
1942
1 "=500'
Flight Date: April 02, 1942
USDA
When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE
ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more
information contact your EDR Account Executive.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot
be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY
EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY
DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE
OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE,
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DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any
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provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property.
Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of
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ATTACHMENT E
Nationwide Permit 13 — Bank Stabilization
NATIONWIDE PERMIT 13
Bank Stabilization
Effective Date: March 19, 2017
(NWP Final Notice, 82 FR 4 )
13. Bank Stabilization. Bank stabilization activities necessary for erosion control or
prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion
baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques, provided
the activity meets all of the following criteria:
(a) No material is placed in excess of the minimum needed for erosion protection;
(b) The activity is no more than 500 feet in length along the bank, unless the district
engineer waives this criterion by making a written determination concluding that the discharge will
result in no more than minimal adverse environmental effects (an exception is for bulkheads — the
district engineer cannot issue a waiver for a bulkhead that is greater than 1,000 feet in length along
the bank);
(c) The activity will not exceed an average of one cubic yard per running foot, as measured
along the length of the treated bank, below the plane of the ordinary high water mark or the high
tide line, unless the district engineer waives this criterion by making a written determination
concluding that the discharge will result in no more than minimal adverse environmental effects;
(d) The activity does not involve discharges of dredged or fill material into special aquatic
sites, unless the district engineer waives this criterion by making a written determination
concluding that the discharge will result in no more than minimal adverse environmental effects;
(e) No material is of a type, or is placed in any location, or in any manner, that will impair
surface water flow into or out of any waters of the United States;
(f) No material is placed in a manner that will be eroded by normal or expected high flows
(properly anchored native trees and treetops may be used in low energy areas);
(g) Native plants appropriate for current site conditions, including salinity, must be used for
bioengineering or vegetative bank stabilization;
(h) The activity is not a stream channelization activity; and
(i) The activity must be properly maintained, which may require repairing it after severe
storms or erosion events. This NWP authorizes those maintenance and repair activities if they
require authorization.
This NWP also authorizes temporary structures, fills, and work, including the use of
temporary mats, necessary to construct the bank stabilization activity. Appropriate measures must
be taken to maintain normal downstream flows and minimize flooding to the maximum extent
practicable, when temporary structures, work, and discharges, including cofferdams, are necessary
for construction activities, access fills, or dewatering of construction sites. Temporary fills must
consist of materials, and be placed in a manner, that will not be eroded by expected high flows.
After construction, temporary fills must be removed in their entirety and the affected areas returned
to pre -construction elevations. The areas affected by temporary fills must be revegetated, as
appropriate.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges
into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge
of greater than an average of one cubic yard per running foot as measured along the length of the
treated bank, below the plane of the ordinary high water mark or the high tide line. (See general
condition 32.) (Authorities: Sections 10 and 404)
Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case -specific conditions
imposed by the division engineer or district engineer. Prospective permittees should contact the
appropriate Corps district office to determine if regional conditions have been imposed on an
NWP. Prospective permittees should also contact the appropriate Corps district office to determine
the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone
Management Act consistency for an NWP. Every person who may wish to obtain permit
authorization under one or more NWPs, or who is currently relying on an existing or prior permit
authorization under one or more NWPs, has been and is on notice that all of the provisions of 33
CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5
relating to the modification, suspension, or revocation of any NWP authorization.
1. Navi ag tion. (a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or
otherwise, must be installed and maintained at the permittee's expense on authorized facilities in
navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or
otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic
species. If a bottomless culvert cannot be used, then the crossing should be designed and
constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided
to the maximum extent practicable. Activities that result in the physical destruction (e.g., through
excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area
are not authorized.
4. Migratory Bird Breeding. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies,
asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in
toxic amounts (see section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its
flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization, storm water management activities, and temporary and permanent
road crossings, except as provided below. The activity must be constructed to withstand expected
high flows. The activity must not restrict or impede the passage of normal or high flows, unless the
primary purpose of the activity is to impound water or manage high flows. The activity may alter
the pre -construction course, condition, capacity, and location of open waters if it benefits the
aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats,
or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all exposed
soil and other fills, as well as any work below the ordinary high water mark or high tide line, must
be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform
work within waters of the United States during periods of low -flow or no -flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the
affected areas returned to pre -construction elevations. The affected areas must be revegetated, as
appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity -specific conditions added by the district engineer to an NWP
authorization.
15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the
National Wild and Scenic River System, or in a river officially designated by Congress as a "study
river" for possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic River designation
or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the permittee must submit a
pre -construction notification (see general condition 32). The district engineer will coordinate the
PCN with the Federal agency with direct management responsibility for that river. The permittee
shall not begin the NWP activity until notified by the district engineer that the Federal agency with
direct management responsibility for that river has determined in writing that the proposed NWP
activity will not adversely affect the Wild and Scenic River designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal
land management agency responsible for the designated Wild and Scenic River or study river (e.g.,
National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife
Service). Information on these rivers is also available at: http://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal
rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been
completed. Direct effects are the immediate effects on listed species and critical habitat caused by
the NWP activity. Indirect effects are those effects on listed species and critical habitat that are
caused by the NWP activity and are later in time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre -construction notification is required for the proposed activity, the
Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of the
ESA.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the vicinity of
the activity, or if the activity is located in designated critical habitat, and shall not begin work on
the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that might affect Federally -listed
endangered or threatened species or designated critical habitat, the pre -construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed activity or that utilize the designated critical habitat that might be affected by the
proposed activity. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the non -
Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -
construction notification. In cases where the non -Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the activity, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification that the
proposed activity will have "no effect" on listed species or critical habitat, or until ESA section 7
consultation has been completed. If the non -Federal applicant has not heard back from the Corps
within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS
or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the
United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm"
in the definition of "take" means an act which actually kills or injures wildlife. Such an act may
include significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section I0(a)(1)(B) incidental take permit
with an approved Habitat Conservation Plan for a project or a group of projects that includes the
proposed NWP activity, the non-federal applicant should provide a copy of that ESA section
10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district
engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to
determine whether the proposed NWP activity and the associated incidental take were considered
in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If
that coordination results in concurrence from the agency that the proposed NWP activity and the
associated incidental take were considered in the internal ESA section 7 consultation for the ESA
section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7
consultation for the proposed NWP activity. The district engineer will notify the non-federal
applicant within 45 days of receipt of a complete pre -construction notification whether the ESA
section I0(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7
consultation is required.
(g) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web
pages at http://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring
their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection
Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and
Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles,
including whether "incidental take" permits are necessary and available under the Migratory Bird
Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the activity
may have the potential to cause effects to properties listed, or eligible for listing, in the National
Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre -construction
notification is required for the proposed NWP activity, the Federal permittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation under
section 106 may be necessary. The respective federal agency is responsible for fulfilling its
obligation to comply with section 106.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the NWP activity might have the potential to cause effects to any historic properties
listed on, determined to be eligible for listing on, or potentially eligible for listing on the National
Register of Historic Places, including previously unidentified properties. For such activities, the
pre -construction notification must state which historic properties might have the potential to be
affected by the proposed NWP activity or include a vicinity map indicating the location of the
historic properties or the potential for the presence of historic properties. Assistance regarding
information on the location of, or potential for, the presence of historic properties can be sought
from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated
tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR
330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the
current procedures for addressing the requirements of section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out
appropriate identification efforts, which may include background research, consultation, oral
history interviews, sample field investigation, and field survey. Based on the information
submitted in the PCN and these identification efforts, the district engineer shall determine whether
the proposed NWP activity has the potential to cause effects on the historic properties. Section 106
consultation is not required when the district engineer determines that the activity does not have the
potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is
required when the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations
for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or
adverse effect. Where the non -Federal applicant has identified historic properties on which the
activity might have the potential to cause effects and so notified the Corps, the non -Federal
applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to cause effects to historic properties or that NHPA section 106 consultation has
been completed.
(d) For non-federal permittees, the district engineer will notify the prospective permittee
within 45 days of receipt of a complete pre -construction notification whether NHPA section 106
consultation is required. If NHPA section 106 consultation is required, the district engineer will
notify the non -Federal applicant that he or she cannot begin the activity until section 106
consultation is completed. If the non -Federal applicant has not heard back from the Corps within
45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section I l0k of the NHPA (54 U.S.C.
306113) prevents the Corps from granting a permit or other assistance to an applicant who, with
intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify
granting such assistance despite the adverse effect created or permitted by the applicant. If
circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, the degree of damage to the integrity of any historic
properties affected, and proposed mitigation. This documentation must include any views obtained
from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects
historic properties on tribal lands or affects properties of interest to those tribes, and other parties
known to have a legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district
engineer will initiate the Federal, Tribal, and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed
marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district
engineer may designate, after notice and opportunity for public comment, additional waters
officially designated by a state as having particular environmental or ecological significance, such
as outstanding national resource waters or state natural heritage sites. The district engineer may
also designate additional critical resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized
by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity
within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54,
notification is required in accordance with general condition 32, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts to
the critical resource waters will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining
appropriate and practicable mitigation necessary to ensure that the individual and cumulative
adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable at
the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating
for resource losses) will be required to the extent necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all
wetland losses that exceed 1/10-acre and require pre -construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse environmental effects of the proposed activity are no
more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses
of 1/10-acre or less that require pre -construction notification, the district engineer may determine
on a case -by -case basis that compensatory mitigation is required to ensure that the activity results
in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction notification, the
district engineer may require compensatory mitigation to ensure that the activity results in no more
than minimal adverse environmental effects. Compensatory mitigation for losses of streams should
be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since
streams are difficult -to -replace resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open
waters will normally include a requirement for the restoration or enhancement, maintenance, and
legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases,
the restoration or maintenance/protection of riparian areas may be the only compensatory
mitigation required. Restored riparian areas should consist of native species. The width of the
required riparian area will address documented water quality or aquatic habitat loss concerns.
Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district
engineer may require slightly wider riparian areas to address documented water quality or habitat
loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a
stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a
riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open
waters exist on the project site, the district engineer will determine the appropriate compensatory
mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic
environment on a watershed basis. In cases where riparian areas are determined to be the most
appropriate form of minimization or compensatory mitigation, the district engineer may waive or
reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must
comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in no
more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for
providing compensatory mitigation is mitigation bank credits or in -lieu fee program credits (see 33
CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -
lieu credits are not available at the time the PCN is submitted to the district engineer, the district
engineer may approve the use of permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be
sufficient to ensure that the authorized activity results in no more than minimal individual and
cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands
are reduced, aquatic resource restoration should be the first compensatory mitigation option
considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used
by the district engineer to make the decision on the NWP verification request, but a final mitigation
plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation
plan only needs to address the baseline conditions at the impact site and the number of credits to be
provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the
acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be
used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the
United States, even if compensatory mitigation is provided that replaces or restores some of the lost
waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an
NWP activity already meeting the established acreage limits also satisfies the no more than
minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee-
responsible mitigation. When developing a compensatory mitigation proposal, the permittee must
consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b).
For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation
may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the
area that have marine or estuarine credits available for sale or transfer to the permittee. For
permittee-responsible mitigation, the special conditions of the NWP verification must clearly
indicate the party or parties responsible for the implementation and performance of the
compensatory mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently
adversely affected by a regulated activity, such as discharges of dredged or fill material into waters
of the United States that will convert a forested or scrub -shrub wetland to a herbaceous wetland in
a permanently maintained utility line right-of-way, mitigation may be required to reduce the
adverse environmental effects of the activity to the no more than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non -Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not
previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality
Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or
Tribe may require additional water quality management measures to ensure that the authorized
activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received
a state coastal zone management consistency concurrence, an individual state coastal zone
management consistency concurrence must be obtained, or a presumption of concurrence must
occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to
ensure that the authorized activity is consistent with state coastal zone management requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any
case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section
401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency
determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with
associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the
United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the appropriate Corps district office to
validate the transfer. A copy of the nationwide permit verification must be attached to the letter,
and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To validate
the transfer of this nationwide permit and the associated liabilities associated with compliance with
its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from
the Corps must provide a signed certification documenting completion of the authorized activity
and implementation of any required compensatory mitigation. The success of any required
permittee-responsible mitigation, including the achievement of ecological performance standards,
will be addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee
program are used to satisfy the compensatory mitigation requirements, the certification must
include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the
appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and mitigation.
The completed certification document must be submitted to the district engineer within 30
days of completion of the authorized activity or the implementation of any required compensatory
mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity
also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or
temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally
authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre -
construction notification. See paragraph (b)(10) of general condition 32. An activity that requires
section 408 permission is not authorized by NWP until the appropriate Corps office issues the
section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues
a written NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the
prospective permittee must notify the district engineer by submitting a pre -construction notification
(PCN) as early as possible. The district engineer must determine if the PCN is complete within 30
calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the
prospective permittee within that 30 day period to request the additional information necessary to
make the PCN complete. The request must specify the information needed to make the PCN
complete. As a general rule, district engineers will request additional information necessary to
make the PCN complete only once. However, if the prospective permittee does not provide all of
the requested information, then the district engineer will notify the prospective permittee that the
PCN is still incomplete and the PCN review process will not commence until all of the requested
information has been received by the district engineer. The prospective permittee shall not begin
the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division engineer.
However, if the permittee was required to notify the Corps pursuant to general condition 18 that
listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify
the Corps pursuant to general condition 20 that the activity might have the potential to cause effects
to historic properties, the permittee cannot begin the activity until receiving written notification
from the Corps that there is "no effect" on listed species or "no potential to cause effects" on
historic properties, or that any consultation required under Section 7 of the Endangered Species Act
(see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR
330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a written
waiver to exceed specified limits of an NWT, the permittee may not begin the activity until the
district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,
the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,
the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include the
following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to
authorize the proposed activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect adverse
environmental effects the activity would cause, including the anticipated amount of loss of
wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in
acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and
any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to
authorize any part of the proposed project or any related activity, including other separate and
distant crossings for linear projects that require Department of the Army authorization but do not
require pre -construction notification. The description of the proposed activity and any proposed
mitigation measures should be sufficiently detailed to allow the district engineer to determine that
the adverse environmental effects of the activity will be no more than minimal and to determine the
need for compensatory mitigation or other mitigation measures. For single and complete linear
projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic
sites, and other waters for each single and complete crossing of those wetlands, other special
aquatic sites, and other waters. Sketches should be provided when necessary to show that the
activity complies with the terms of the NWP. (Sketches usually clarify the activity and when
provided results in a quicker decision. Sketches should contain sufficient detail to provide an
illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be
detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project
site. Wetland delineations must be prepared in accordance with the current method required by the
Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on
the project site, but there may be a delay if the Corps does the delineation, especially if the project
site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a
PCN is required, the prospective permittee must submit a statement describing how the mitigation
requirement will be satisfied, or explaining why the adverse environmental effects are no more than
minimal and why compensatory mitigation should not be required. As an alternative, the
prospective permittee may submit a conceptual or detailed mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat might be
affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat,
the PCN must include the name(s) of those endangered or threatened species that might be affected
by the proposed activity or utilize the designated critical habitat that might be affected by the
proposed activity. For NWP activities that require pre -construction notification, Federal permittees
must provide documentation demonstrating compliance with the Endangered Species Act;
(8) For non -Federal permittees, if the NWP activity might have the potential to cause
effects to a historic property listed on, determined to be eligible for listing on, or potentially
eligible for listing on, the National Register of Historic Places, the PCN must state which historic
property might have the potential to be affected by the proposed activity or include a vicinity map
indicating the location of the historic property. For NWP activities that require pre -construction
notification, Federal permittees must provide documentation demonstrating compliance with
section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible inclusion in
the system while the river is in an official study status, the PCN must identify the Wild and Scenic
River or the "study river" (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408
because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers
federally authorized civil works project, the pre -construction notification must include a statement
confirming that the project proponent has submitted a written request for section 408 permission
from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The standard individual permit application form
(Form ENG 4345) may be used, but the completed application form must clearly indicate that it is
an NWP PCN and must include all of the applicable information required in paragraphs (b)(1)
through (10) of this general condition. A letter containing the required information may also be
used. Applicants may provide electronic files of PCNs and supporting materials if the district
engineer has established tools and procedures for electronic submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental
effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -construction
notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP
21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and
will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess
of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of
dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear
feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal
waters or the ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide
(e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water
quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these
agencies will have 10 calendar days from the date the material is transmitted to notify the district
engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive,
site -specific comments. The comments must explain why the agency believes the adverse
environmental effects will be more than minimal. If so contacted by an agency, the district engineer
will wait an additional 15 calendar days before making a decision on the pre -construction
notification. The district engineer will fully consider agency comments received within the
specified time frame concerning the proposed activity's compliance with the terms and conditions
of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of
the proposed activity are no more than minimal. The district engineer will provide no response to
the resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre -construction notification that the resource agencies'
concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation
activity may proceed immediately in cases where there is an unacceptable hazard to life or a
significant loss of property or economic hardship will occur. The district engineer will consider any
comments received to decide whether the NWP 37 authorization should be modified, suspended, or
revoked in accordance with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district engineer
will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat
conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens
Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre -construction notifications to expedite agency coordination.
D. District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. If a project
proponent requests authorization by a specific NWP, the district engineer should issue the NWP
verification for that activity if it meets the terms and conditions of that NWP, unless he or she
determines, after considering mitigation, that the proposed activity will result in more than minimal
individual and cumulative adverse effects on the aquatic environment and other aspects of the
public interest and exercises discretionary authority to require an individual permit for the proposed
activity. For a linear project, this determination will include an evaluation of the individual
crossings of waters of the United States to determine whether they individually satisfy the terms
and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings
authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to
streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43,
44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination
that the NWP activity will result in only minimal individual and cumulative adverse environmental
effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52),
the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and
wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she will
also consider the cumulative adverse environmental effects caused by activities authorized by
NWP and whether those cumulative adverse environmental effects are no more than minimal. The
district engineer will also consider site specific factors, such as the environmental setting in the
vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree or
magnitude to which the aquatic resources perform those functions, the extent that aquatic resource
functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of
the adverse effects (temporary or permanent), the importance of the aquatic resource functions to
the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an
appropriate functional or condition assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse
environmental effects determination. The district engineer may add case -specific special conditions
to the NWP authorization to address site -specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre
of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or
for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed
compensatory mitigation or other mitigation measures the applicant has included in the proposal in
determining whether the net adverse environmental effects of the proposed activity are no more
than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the
district engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse environmental effects are no more than minimal, after considering mitigation,
the district engineer will notify the permittee and include any activity -specific conditions in the
NWP verification the district engineer deems necessary. Conditions for compensatory mitigation
requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district
engineer must approve the final mitigation plan before the permittee commences work in waters of
the United States, unless the district engineer determines that prior approval of the final mitigation
plan is not practicable or not necessary to ensure timely completion of the required compensatory
mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan.
The district engineer must review the proposed compensatory mitigation plan within 45 calendar
days of receiving a complete PCN and determine whether the proposed mitigation would ensure
the NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will provide a
timely written response to the applicant. The response will state that the NWP activity can proceed
under the terms and conditions of the NWP, including any activity -specific conditions added to the
NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the proposed
activity are more than minimal, then the district engineer will notify the applicant either: (a) that
the activity does not qualify for authorization under the NWP and instruct the applicant on the
procedures to seek authorization under an individual permit; (b) that the activity is authorized
under the NWP subject to the applicant's submission of a mitigation plan that would reduce the
adverse environmental effects so that they are no more than minimal; or (c) that the activity is
authorized under the NWP with specific modifications or conditions. Where the district engineer
determines that mitigation is required to ensure no more than minimal adverse environmental
effects, the activity will be authorized within the 45-day PCN period (unless additional time is
required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities
authorized by NWPs 21, 49, and 50), with activity -specific conditions that state the mitigation
requirements. The authorization will include the necessary conceptual or detailed mitigation plan or
a requirement that the applicant submit a mitigation plan that would reduce the adverse
environmental effects so that they are no more than minimal. When compensatory mitigation is
required, no work in waters of the United States may occur until the district engineer has approved
a specific mitigation plan or has determined that prior approval of a final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation.
E. Further Information
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals,
or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project (see
general condition 31).
F. Definitions
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting from
development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term "discharge" means any discharge of dredged or fill material into
waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian area
restoration, enhancement, or establishment activity under NWP 27. An ecological reference may
be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type
that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an
ecological reference may be based on a conceptual model for the aquatic habitat type or riparian
area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An
ecological reference takes into account the range of variation of the aquatic habitat type or riparian
area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is
the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland site.
Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence of
actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine
shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation
lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide.
The line encompasses spring high tides and other high tides that occur with periodic frequency but
does not include storm surges in which there is a departure from the normal or predicted reach of
the tide due to the piling up of water against a coast by strong winds such as those accompanying a
hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register of
Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records,
and remains that are related to and located within such properties. The term includes properties of
traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and
that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non -linear
project in the Corps Regulatory Program. A project is considered to have independent utility if it
would be constructed absent the construction of other projects in the project area. Portions of a
multi -phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change an
aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not
a net threshold that is calculated after considering compensatory mitigation that may be used to
offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear
feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the
United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction
contours and elevations after construction, are not included in the measurement of loss of waters of
the United States. Impacts resulting from activities that do not require Department of the Army
authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water
Act, are not considered when calculating the loss of waters of the United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899.
These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow
of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the high tide
line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or
standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore established
by the fluctuations of water and indicated by physical characteristics, or by other appropriate means
that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream
flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps for
confirmation that a particular activity is authorized by nationwide permit. The request may be a
permit application, letter, or similar document that includes information about the proposed work
and its anticipated environmental effects. Pre -construction notification may be required by the
terms and conditions of a nationwide permit, or by regional conditions. A pre -construction
notification may be voluntarily submitted in cases where pre -construction notification is not
required and the project proponent wants confirmation that the activity is authorized by nationwide
permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by
an action in or near those aquatic resources. This term includes activities commonly associated
with the protection and maintenance of aquatic resources through the implementation of
appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or reserved
by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including
tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-
establishment results in rebuilding a former aquatic resource and results in a gain in aquatic
resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic
resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters
with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of
ecological functions and services and help improve or maintain local water quality. (See general
condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish
attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish
shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the purpose
of getting people, goods, or services from a point of origin to a terminal point, which often involves
multiple crossings of one or more waterbodies at separate and distant locations. The term "single
and complete project" is defined as that portion of the total linear project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers that includes all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For
linear projects crossing a single or multiple waterbodies several times at separate and distant
locations, each crossing is considered a single and complete project for purposes of NWP
authorization. However, individual channels in a braided stream or river, or individual arms of a
large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such
features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non -linear project must have independent utility (see definition of "independent utility")
Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWT
authorization.
Stormwater mana eg ment: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and
flooding and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality (i.e.,
by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants)
of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom,
breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring
structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or
any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters.
Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational
pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no
longer be practically measured in a predictable rhythm due to masking by other waters, wind, or
other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the
benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to
restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody:For purposes of the NWPs, a waterbody is a jurisdictional water of the United
States. If a wetland is adjacent to a waterbody determined to be a water of the United States, that
waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.
ADDITIONAL INFORMATION
This nationwide permit is effective March 19, 2017, and expires on March 18, 2022.
Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be
found athtW://www.swfusace.army.mil/Missions/Re"latoly.asp and
http://www.usace. army. mil/Missions/CivilWorks/Re gulatoiyPro gramandPermits. aM
2017 NATIONWIDE PERMIT (NWP) REGIONAL CONDITIONS
FOR THE STATE OF TEXAS
The following regional conditions apply within the entire State of Texas:
1. For all discharges proposed for authorization under Nationwide Permits (NWP) 3, 6,
7, 12, 14, 18, 19, 21, 23, 25, 27, 29, 39, 40, 41, 42, 43, 44, 49, 51, and 52, into the
following habitat types or specific areas, the applicant shall notify the appropriate District
Engineer in accordance with the NWP General Condition 32, Pre -Construction
Notification (PCN). The Corps of Engineers (Corps) will coordinate with the resource
agencies as specified in NWP General Condition 32(d) (PCN). The habitat types or
areas are:
a. Pitcher Plant Bogs: Wetlands typically characterized by an organic
surface soil layer and include vegetation such as pitcher plants (Sarracenia spp.)
and/or sundews (Drosera spp.).
b. Bald Cypress -Tupelo Swamps: Wetlands dominated by bald cypress
(Taxodium distichum) and/or water tupelo (Nyssa aquatic).
2. For all activities proposed for authorization under any Nationwide Permit (NWP) at
sites approved as compensatory mitigation sites (either permittee-responsible,
mitigation bank and/or in -lieu fee) under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899, the applicant shall notify the
appropriate District Engineer in accordance with the NWP General Condition 32 - Pre -
Construction Notification prior to commencing the activity.
3. For all activities proposed for authorization under NWP 16, the applicant shall notify
the appropriate District Engineer in accordance with the NWP General Condition 32
(Pre -Construction Notification) and must obtain an individual water quality certification
(WQC) from the TCEQ. Work cannot begin under NWP 16 until the applicant has
received written approval from the Corps and WQC.
NOTE: For all activities proposing to use equipment that has operated or been stored in
a water body on the Texas list of zebra mussel (Dreissena polymorpha) infected water
bodies, equipment should be decontaminated prior to relocation in accordance with
Texas Administrative Code, Title 31, Part 2, Chapter 57, Subchapter A. The following
decontamination Best Management Practices (BMPs), as a minimum, are indicated:
a. Clean: Clean both the inside and outside of equipment and gear, by
removing all plants, animals, and mud and thoroughly washing the equipment
using a high pressure spray nozzle.
b. Drain: Drain all water from receptacles before leaving the area, including
livewells, bilges, ballast, and engine cooling water on boats.
C. Dry: Allow time for your equipment to dry completely before relocating in
other waters. Equipment should be dried prior to relocation. High temperature
pressure washing (greater than or equal to 140F) or professional cleaning may
be substituted for drying time.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 1 of 6
The following regional condition only applies within the Albuquerque, Fort Worth,
and Galveston Districts:
4. For all activities proposed for authorization under Nationwide Permit (NWP) 12 that
involve a discharge of fill material associated with mechanized land clearing of wetlands
dominated by native woody shrubs, the applicant shall notify the appropriate District
Engineer in accordance with the NWP General Condition 32 — Pre -Construction
Notification prior to commencing the activity. For the purpose of this regional condition,
a shrub dominated wetland is characterized by woody vegetation less than 3.0 inches in
diameter at breast height but greater than 3.2 feet in height, which covers 20% or more
of the area. Woody vines are not included.
The following regional conditions apply within the Albuquerque District.
5. Nationwide Permit (NWP) 23 — Approved Categorical Exclusions. A pre -construction
notification (PCN) to the District Engineer in accordance with General Condition 32 -
PCN is required for all proposed activities under NWP 23.
6. Nationwide Permit (NWP) 27 — Aquatic Habitat Restoration, Establishment, and
Enhancement Activities. For all proposed activities under NWP 27 that require pre -
construction notification, a monitoring plan commensurate with the scale of the
proposed restoration project and the potential for risk to the aquatic environment must
be submitted to the Corps. (See "NWP 27 Guidelines" at
http://www.spa.usace.army.miI/Missions/RegulatoryProgramandPermits/NWP.aspx).
7. Channelization. Nationwide Permit (NWP) General Condition 9 for Management of
Water Flows is amended to add the following: Projects that would result in permanent
channelization to previously un-channelized streams require pre -construction
notification to the Albuquerque District Engineer in accordance with NWP General
Condition 32 — Pre -Construction Notification.
8. Dredge and Fill Activities in Intermittent and Perennial Streams, and Special Aquatic
Sites: For all activities subject to regulation under the Clean Water Act Section 404 in
intermittent and perennial streams, and special aquatic sites (including wetlands, riffle
and pool complexes, and sanctuaries and refuges), pre -construction notification (PCN)
to the Albuquerque District Engineer is required in accordance with Nationwide Permit
General Condition 32 - PCN.
9. Springs. For all discharges of dredged or fill material within 100 feet of the point of
groundwater discharge of natural springs located in an aquatic resource, a pre -
construction notification (PCN) is required to the Albuquerque District Engineer in
accordance with Nationwide Permit General Condition 32 - PCN. A natural spring is
defined as any location where ground water emanates from a point in the ground and
has a defined surface water connection to another waters of the United States. For
purposes of this regional condition, springs do not include seeps or other groundwater
discharges which lack a defined surface water connection.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 2 of 6
10. Suitable Fill. Use of broken concrete as fill or bank stabilization material is
prohibited unless the applicant demonstrates that its use is the only practicable material
(with respect to cost, existing technology, and logistics). Any applicant who wishes to
use broken concrete as bank stabilization must provide notification to the Albuquerque
District Engineer in accordance with Nationwide Permit General Condition 32 - Pre -
Construction Notification along with justification for such use. Use of broken concrete
with rebar or used tires (loose or formed into bales) is prohibited in all waters of the
United States.
The following regional conditions apply only within the Fort Worth District.
11. For all discharges proposed for authorization under all Nationwide Permits (NWP)
into the area of Caddo Lake within Texas that is designated as a "Wetland of
International Importance" under the Ramsar Convention, the applicant shall notify the
Fort Worth District Engineer in accordance with the NWP General Condition 32 — Pre -
Construction Notification (PCN). The Fort Worth District will coordinate with the
resource agencies as specified in NWP General Condition 32(d) - PCN.
12. Compensatory mitigation is generally required for losses of waters of the United
States that exceed 1/10 acre and/or for all losses to streams that exceed 300 linear feet.
Loss is defined in Section F of the Nationwide Permits (NWP). Mitigation thresholds are
cumulative irrespective of aquatic resource type at each single and complete crossing.
Compensatory mitigation requirements will be determined in accordance with the
appropriate district standard operating procedures and processes. The applicant shall
notify the Fort Worth District Engineer in accordance with the NWP General Condition
32 - Pre -Construction Notification prior to commencing the activity.
13. For all activities proposed for authorization under Nationwide Permits (NWP) 12, 14
and/or 33 that involve a temporary discharge of fill material into 1/2 acre or more of
emergent wetland OR 1/10 acre of scrub-shrub/forested wetland, the applicant shall
notify the Fort Worth District Engineer in accordance with the NWP General Condition
32 - Pre -Construction Notification prior to commencing the activity.
14. For all discharges proposed for authorization under Nationwide Permits (NWP) 51
and 52, the Fort Worth District will provide the pre -construction notification (PCN) to the
U.S. Fish and Wildlife Service as specified in NWP General Condition 32(d)(2) - PCN
for its review and comments.
The following regional conditions apply only within the Galveston District.
15. No Nationwide Permits (NWP), except NWP 3, shall be used to authorize
discharges into the habitat types or specific areas listed in paragraphs a through c,
below. The applicant shall notify the Galveston District Engineer in accordance with the
NWP General Condition 32 - Pre -Construction Notification prior to commencing the
activity under NWP 3.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 3 of 6
a. Mangrove Marshes. For the purpose of this regional condition, Mangrove
marshes are those waters of the United States that are dominated by mangroves
(Avicennia spp., Laguncuaria spp., Conocarpus spp., and Rhizophora spp.).
b. Coastal Dune Swales. For the purpose of this regional condition, coastal
dune swales are wetlands and/or other waters of the United States located within
the backshore and dune areas in the coastal zone of Texas. They are formed as
depressions within and among multiple beach ridge barriers, dune complexes, or
dune areas adjacent to beaches fronting tidal waters of the United States.
c. Columbia Bottomlands. For the purpose of this regional condition, Columbia
bottomlands are defined as waters of the United States that are dominated by
bottomland hardwoods in the Lower Brazos and San Bernard River basins
identified in the 1997 Memorandum of Agreement between the U.S.
Environmental Protection Agency, U.S. Fish and Wildlife Service, Natural
Resource Conservation Service, and Texas Parks and Wildlife Department for
bottomland hardwoods in Brazoria County. (For further information, see
http://www.swg.usace.army.mil/Business-With-
Us/Reaulatorv/Permits/Nationwide-General-Permits/)
16. A Compensatory Mitigation Plan is required for all special aquatic site losses, as
defined in Section F of the Nationwide Permits (NWP), that exceed 1/10 acre and/or for
all losses to streams that exceed 200 linear feet. Compensatory mitigation
requirements will be determined in accordance with the appropriate district standard
operating procedures and processes. The applicant shall notify the Galveston District
Engineer in accordance with the NWP General Condition 32 - Pre -Construction
Notification prior to commencing the activity.
17. For all seismic testing activities proposed for authorization under Nationwide Permit
(NWP) 6, the applicant shall notify the Galveston District Engineer in accordance with
the NWP General Condition 32 - Pre -Construction Notification (PCN). The PCN must
state the time period for which the temporary fill is proposed, and must include a
restoration plan for the special aquatic sites. For seismic testing under NWP 6 within
the Cowardin Marine System, Subtidal Subsystem; as defined by the U.S. Fish and
Wildlife Service, Classification of Wetlands and Deepwater Habitats of the United
States, December 1979/Reprinted 1992, the Corps will coordinate with the resource
agencies in accordance with NWP General Condition 32(d) - PCN.
18. For all activities proposed under Nationwide Permits (NWP) 10 and 11 located in
vegetated shallows and coral reefs; as defined by 40 CFR 230.43 and 230.44
respectively, the applicant shall notify the Galveston District Engineer in accordance
with the NWP General Condition 32 - Pre -Construction Notification. Examples include,
but are not limited to: seagrass beds, oyster reefs, and coral reefs.
19. Nationwide Permit 12 shall not be used to authorize discharges within 500 feet of
vegetated shallows and coral reefs; as defined by 40 CFR 230.43 and 230.44
respectively. Examples include, but are not limited to: seagrass beds, oyster reefs, and
coral reefs.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 4 of 6
20. For all activities proposed for authorization under Nationwide Permit 12 that involve
underground placement below a non -navigable river bed and/or perennial stream bed
there shall a minimum cover of 48 inches (1,219 millimeters) of soil below the river
and/or perennial stream thalweg.
21. For all discharges and work proposed below the high tide line under Nationwide
Permits (NWP) 14 and 18, the applicant shall notify the Galveston District Engineer in
accordance with the NWP General Condition 32 - Pre -Construction Notification (PCN).
The Galveston District will coordinate with the resource agencies in accordance with
NWP General Condition 32(d) - PCN.
22. For all activities proposed for authorization under Nationwide Permit (NWP) 33 the
applicant shall notify the Galveston District Engineer in accordance with the NWP
General Condition 32 — Pre -Construction Notification (PCN). The PCN must include a
restoration plan showing how all temporary fills and structures will be removed and the
area restored to pre -project conditions. Activities causing the temporary loss, as
defined in Section F of the NWPs, of more than 0.5 acres of tidal waters and/or 200
linear feet of stream will be coordinated with the agencies in accordance with NWP
General Condition 32(d) - PCN.
23. No Nationwide Permits (NWP), except NWPs 3, 16, 20, 22, 37, shall be used to
authorize discharges, structures, and/or fill within the standard setback and high hazard
zones of the Sabine -Neches Waterway as defined in the Standard Operating Procedure
- Permit Setbacks along the Sabine -Neches Waterway. The applicant shall notify the
Galveston District Engineer in accordance with NWP General Condition 32 - Pre -
Construction Notification for all discharge, structures and/or work in medium hazard
zones and all NWP 3 applications within the standard setback and high hazard zones of
the Sabine -Neches Waterway.
24. No Nationwide Permits (NWP), except 20, 22, and 37, shall be used to authorize
discharges, structures, and/or fill within the standard setback exemptions of the Gulf
Intracoastal Waterway as defined in the Standard Operating Procedure- Department of
the Army Permit Evaluation Setbacks along the Gulf Intracoastal Waterway. The
applicant shall notify the Galveston District Engineer in accordance with NWP General
Condition 32 (Pre -Construction Notification) for all discharges, structures and/or work
within the standard setback, shoreward of the standard setback, and/or standard
setback exemption zones.
25. The use of Nationwide Permits in the San Jacinto River Waste Pits Area of
Concern are revoked. (For further information, see
http://www.swq.usace.armV.mil/Business-With-Us/Regulatory/Permits/Nationwide-
General-Permits/)
26. The use of Nationwide Permits 51 and 52 are revoked within the Galveston District
boundaries.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 5 of 6
27. Nationwide Permit (NWP) 53 pre -construction notifications will be coordinated with
resource agencies as specified in NWP General Condition 32(d) — Pre -construction
Notification.
28. For all activities proposed under Nationwide Permits (NWP) 21, 29, 39, 40, 42, 43,
44, and 50 that result in greater than 300 feet of loss in intermittent and/or ephemeral
streams, as defined in Section F of the NWPs, require evaluation under an Individual
Permit.
The following regional conditions apply only within the Tulsa District.
29. Upland Disposal: Except where authorized by Nationwide Permit 16, material
disposed of in uplands shall be placed in a location and manner that prevents discharge
of the material and/or return water into waters or wetlands unless otherwise authorized
by the Tulsa District Engineer.
30. Major Rivers: The prospective permittee shall notify the Tulsa District Engineer for
all Nationwide Permit 14 verifications which cross major rivers within Tulsa District. For
the purposes of this condition, major rivers include the following: Canadian River, Prairie
Dog Town Fork of the Red River, and Red River.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 6 of 6
ATTACHMENT F
TCEQ Water Quality Conditions for the 2017 Nationwide Permits
Bryan W. Shaw, Ph.D., RE, Chairman
Toby Baker, Commissioner _
.Ion Niermann, Commissioner
Richard A. Hyde, P.L'., Executiue Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and A-vuenting Pollution
March 6, 2017
Colonel Lars N. Zetterstrom, P.E.
Galveston District
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
Re: 2017 USACE Nationwide Permits Reissuance
Dear Colonel Zetterstrom :
This letter is in response to your January 25, 2017, letter requesting Clean Water Act
Section 401 certification of the United States Army Corps of Engineers (Corps) Nationwide
Permits (NWPs). The Final Notice of Reissuance of Nationwide Permits was published in the
Federal Register (Vol. 82, No. 4, pages 1860-2008) on January 6, 2017. Regional conditions
for NWPs in Texas were proposed in public notices on June 7, 20t6 and January 12, 2017.
The Texas Commission on Environmental Quality (TCEQ) has reviewed the Final Notice of
Reissuance of Nationwide Permits and the proposed regional conditions. On behalf of the
Executive Director and based on our evaluation of the information contained in these
documents, the TCEQ certifies that the activities authorized by NWPs 1, 2, 4, 5, 8, 9, 10, 11,
20, 23, 24, 28, 34, 35, and 48 should not result in a violation of established Texas Surface
Water Quality Standards as required by Section 401 of the Federal Clean Water Act and
pursuant to Title 30, Texas Administrative Code, Chapter 279.
The TCEQ conditionally certifies that the activities authorized by NWPs 3, 6, 7, 12, 13, 14,
15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49,
50, 51, 52, 53, and 54 should not result in a violation of established Texas Surface Water
Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant
to Title 30, Texas Administrative Code, Chapter 279. Conditions for each NWP are defined
in Enclosure 1 and more detail on specific conditions are discussed below.
The TCEQ understands that a prohibition against the use of NWPs in coastal dune swales,
mangrove marshes, and Columbia Bottomlands in the Galveston District will be included in
the 2017 Texas Regional Conditions (Regional Conditions) for all NWPs, except for NWP 3.
Inclusion of a prohibition of using NWPs in coastal dune swales, mangrove marshes, and
Columbia bottomlands in the Galveston District, except for NWP 3, is a condition of this
TCEQ 401 certification.
l,1AR 0 8 2017
P.O. Box 13n87 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov
How is ou r customer service? teeq.texas.gov/customersurvey
, _ ... r{ir' P7Vr u.;_u, "tjrI nit -: - I
Colonel Lars N. Zetterstrom, P.E.
U.S. Army Corps of Engineers
USACE Nationwide Permits
Page 2
March.6, 2017
The TCEQ wants to clarify the application of NWP 16 in Texas. NWP 16 should be limited
to the return water from upland contained dredged material disposal areas. It is important
to emphasize the intent for dredged material disposal. The TCEQ understands dredged
material to be associated with navigational dredging activities, not commercial mining
activities. To avoid confusion the TCEQ requests that a regional condition be added that
prohibits the use of NWP 16 for activities that would be regulated under Standard
Industrial Classification (SIC) codes 1442 and 1446 (industrial and construction sand and
gravel mining). This condition is also included as part of the 401 certification of NWP 16.
The final decision document for NWP 16 states that the quality of the return water is
controlled by the state through the 401 certification procedures. Consistent with previous
NWPs certification decisions the TCEQ is conditionally certifying NWP 16 for the return
water from confined upland disposal not to exceed a 300 mg/L total suspended solids
(TSS) concentration and request the Corps to include this condition in the Regional
Conditions. Initial feedback from the Corps indicates that a regional condition is possible.
The TCEQ recognizes the usefulness of having an instantaneous method to determine
compliance with the 300 mg/L TSS limit. However, existing literature and analysis of
paired samples of turbidity and TSS from the Texas Surface Water Quality Information
System indicate this relationship must be a site -specific characterization of the actual
sediments to be dredged. To address this approach we have continued language in the
NWP 16 conditional certification that allows flexibility to use an instantaneous method in
implementing the TSS limit when a site -specific correlation curve for turbidity
(nephelometric turbidity units (NTU)) versus TSS has been approved by TCEQ. The TCEQ
remains interested in working with the Corps in the development of these curves. We
encourage the Corps to accept the conditional certification of NWP 16 as a Regional
Condition and that we work together to find the best methods to implement this limit.
In evaluating this condition for the Regional Conditions for NWPs, the TCEQ encourages
the Corps to consider that TSS limits are promulgated as effluent limits under Title 40 of
the Code of Federal Regulations. The TCEQ requirement to control return water from
confined upland disposal not to exceed a 300 mg/L TSS has also been included in
individual 404 permits. It is also important to note that the TCEQ effectively imposes TSS
effluent limits in thousands of wastewater discharge permits issued in Texas under Section
402 of the federal Clean Water Act.
The TCEQ is conditionally certifying NWP General Condition #12 Soil Erosion and Sediment
Controls, and General Condition #2 5 Water Quality. The conditions address three broad
categories of water quality management with specific recommendations for Best
Management Practices (BMPs) for each category. These BMPs are intended to enhance the
water quality protection of these General Conditions. A list of TCEQ-recommended BMPs is
included as Enclosure 2.
Colonel Lars N. Zetterstrom, P.E.
U.S. Army Corps of Engineers
USACE Nationwide Permits
Page 3
March 6, 2017
Enclosure 3 is provided as a quick reference table for all NWPs. A detailed description of
the BMPs is provided in Enclosure 4. Runoff from bridge decks has been exempted from
the requirement for post -construction total suspended solids (TSS) controls under General
Condition 2 5. As stated in previous NWP certifications, the TCEQ would like to include
these BMPs for the protection of waters in the state specific to each NWP as part of the
regional conditions for Texas.
The TCEQ is conditionally certifying NWPs 13, 29, 39, 40, 42, 43, 44, 50, 51, and 52 to
require the Corps to copy TCEQ on all written approvals of waivers for impacts to
ephemeral, intermittent or perennial streams. The TCEQ is conditionally certifying NWP 36
to require the Corps to copy TCEQ on all written waivers for discharges greater than the 50
cubic yard limit or boat ramps greater than 20 feet in width. The TCEQ is also
conditionally certifying General Condition 23 Mitigation to require the Corps to copy TCEQ
on any written notification of a mitigation waiver. The TCEQ is requesting this information
to fulfill its responsibility to ensure water of the state is appropriately protected by
understanding the impact of waivers being granted in Texas.
This certification decision is limited to those activities under the jurisdiction of the TCEQ.
For activities related to the production and exploration of oil and gas, a Texas Railroad
Commission certification is required as provided in the Texas Water Code §26.131.
The TCEQ has reviewed the Notice of Reissuance of Nationwide Permits for consistency
with the Texas Coastal Management Program (CMP) goals and policies in accordance with
the CMP regulations {Title 31, Texas Administrative Code (TAC), Chapter (§)505.30) and has
determined that the action is consistent with the applicable CMP goals and policies.
This certification was reviewed for consistency with the CMP's development in critical areas
policy {31 TAC §501.23} and dredging and dredged material disposal and placement policy
{31 TAC §501.251. This certification complies with the CMP goals {31 TAC §501.12(1, 2, 3,
5)1 applicable to these policies.
The TCEQ reserves the right to modify this certification if additional information identifies
specific areas where significant impacts, including cumulative or secondary impacts, are
occurring, and the use of these NWPs would be inappropriate.
No review of property rights, location of property lines, nor the distinction between public
and private ownership has been made, and this certification may not be used in any way
with regard to questions of ownership.
Colonel Lars N. Zetterstrom, P.E.
U.S. Army Corps of Engineers
USACE Nationwide Permits
Page 4
March 6, 2017
If you require further assistance, please contact Mr. John Trevino, Water Quality
Assessment Section, Water Quality Division (MC-150), at (512) 239-4600.
Sinc rely,
avid W. Galindo, Director
Water Quality Division
Texas Commission on Environmental Quality
DWG/JT/tc
Attachments
ccs: Mr. Stephen Brooks, Branch Chief, U.S. Army Corp of Engineers, Regulatory Branch,
CESWF-PER-R, P.O. Box 17300, Fort Worth, Texas 76102-0300
Ms. Allison Buchtien, Texas General Land Office via e-mail
Branch Chief, U.S. Army Corps of Engineers, Albuquerque District, 4101 Jefferson
Plaza NE, Room 313, Albuquerque, New Mexico 8 7109-343 5
Regulatory Branch Chief, U.S. Army Corps of Engineers, Regulatory Branch CESWT-
PE-R, 1645 South 1016, East Avenue, Tulsa, Oklahoma, 74128
Regulatory Branch Chief, U.S. Army Corps of Engineers, El Paso Regulatory Office,
CESPA-OD-R-EP, P.O. Box 6096, Fort Bliss, Texas 79906-6096
Attachment 1
Conditions of Section 401 Certification for Nationwide Permits and General Conditions
General Condition 12 (Soil Erosion and Sediment Controls)
Erosion control and sediment control BMPs described in Attachment 2 are required with the
use of this general condition. if the applicant does not choose one of the BMPs listed in
Attachment 2, an individual 401 certification is required.
General Condition 25 (water Quality)
Post -construction total suspended solids (TSS) BMPs described in Attachment 2 are required
with the use of this general condition. If the applicant does not choose one of the BMP's listed
in Attachment 2, an individual 401 certification is required. Bridge deck runoff is exempt
from this requirement.
General Condition 23 (Mitigation)
The U.S. Army Corps of Engineers will copy the TCEQ on all mitigation waivers sent to
applicants.
NWPs 13, 29, 39, 40, 41, 42, 43, 44, 50, 51, 52
The U.S. Army Corps of Engineers will copy the TCEQ on all written approvals of waivers for
impacts to ephemeral, intermittent or perennial streams.
All NWPs except for NWP 3
These NWPs are not authorized for use in coastal dune swales, mangrove marshes, and
Columbia bottomlands in the Galveston District, Texas.
NWP 3 (Maintenance)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 6 (Survey Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 7 Outfail Structures and Associated Intake Structures
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 12 (Utility Line Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
Revised March 3, 2017 Page i of 5
Attachment 1
Conditions of Section 401 Certification for Nationwide Permits and General Conditions
NWP 13 (Bank Stabilize ion)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 14 (Linear Transportation Projects)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP IS (U.S. Coast Guard Approved Bridges)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 16 (Return Water From Upland Contained Disposal Areas)
Activities that would be regulated under Standard Industrial Classification (SIC) codes 1442
and 1446 (industrial and construction sand and gravel mining) are not eligible for this NWP.
Effluent from an upland contained disposal area shall not exceed a TSS concentration of 300
mg/L unless a site -specific TSS limit, or a site specific correlation curve for turbidity
(nephelometric turbidity units MUD versus TSS has been approved by TCEQ.
NWP 17 Hydropower Projects)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 18 (Minor Discharges
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 19 (Minor Dredging
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 21 (Surface Coal Mining Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 22 Removal of Vessels
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWT 25 Structural Discharges)
Revised March g, 2017 Page 2 of 5
Attachment I
Conditions of Section 401 Certification for Nationwide Permits and General Conditions
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 27 (Aquatic Habitat Restoration Establishment and Enhancement Activities
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 29 (Residential Developments)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 30 Moist Soil Management for Wildlife
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 31 Maintenance of Existing Flood Control Facilities
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWT 32 (Completed Enforcement Actions
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 33 Temporary Construction, Access and DewaterinM
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 36 (Boat Ramps)
The U.S. Army Corps of Engineers will copy the TCEQ on all written waivers for discharges
greater than the 50 cubic yard limit or boat ramps greater than 20 feet in width. Soil Erosion
and Sediment Controls under General Condition 12 are required. Post -construction TSS
controls under General Condition 25 are required.
NWP 37 Emergency Watershed Protection and Rehabilitation)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 38 (Cleanup of Hazardous and Toxic Waste)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 39 Commercial and Institutional Develo ments
Revised March 3, 2017 Page 3 of s
Attachment 1
Conditions of Section 401 Certification for Nationwide Permits and General Conditions
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 40_ (Agricultural Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 41 (Reshaping Existing, Drainage Ditches)
Soil Erosion and Sediment Controls under General Condition 12 are required.
Post -
construction TSS controls under General Condition 25 are required.
NWP 42 (Recreational Facilities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
Post -
construction TSS controls under General Condition 25 are required.
NWP 43 (Stormwater Management Facilities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 44 (Mining Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
Post -
construction TSS controls under General Condition 25 are required.
NWP 45 (Repair of Uplands Damaged by Discrete Events)
Soil Erosion and Sediment Controls under General Condition 12 are required.
Post -
construction TSS controls under General Condition 25 are required.
NWP 46 (Discharges in Ditches)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 49 (Coal_Remining Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
Post -
construction TSS controls under General Condition 25 are required.
NWP 50 (Underground Coal Mining Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
Post -
construction TSS controls under General Condition 25 are required.
Revised March 3, 2017 Page 4 of 5
Attachment 1
Conditions of Section 401 Certification for Nationwide Permits and General Conditions
NWP 51 (Land -Based Renewal Energy Generation Facilities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 52 (Water -Based Renewal Energy Generation Pilot Projects)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 25 are required.
NWP 53 (Removal of Low -Head Dams)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 54 (Living Shorelines)
Sediment Controls under General Condition 12 are required.
Revised March 3, 2017 Page 5 of 5
4Ml,£Sfa
Q
Attachment 2
401 Water Quality Certification Best Management Practices (BMPs) for Nationwide
Permits
Below are the 401 water quality certification conditions the Texas Commission on
Environmental Quality (TCEQ) added to the January 6, 2017 issuance of Nationwide
Permits (NWP), as described in the Federal Register (Vol. 82, No. 4, pages 1860-2008).
Additional information regarding these conditions, including descriptions of the best
management practices (BMPs), can be obtained from the TCEQ by contacting the 401
Coordinator, MC-150, P.O. Box 13087, Austin, Texas 78711-3087 or from the
appropriate U.S. Army Corps of Engineers district office.
I. Erosion Control
Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent
wetlands or water bodies during wet weather conditions (erosion). At Ieast one of the
following BMPs must be maintained and remain in place until the area has been
stabilized for NWPs 3, 6,*7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, and 53. If the applicant does
not choose one of the BMPs listed, an individual 401 certification is required. BMPs for
NWP 52 apply only to land -based impacts from attendant features.
o Temporary Vegetation
o Mulch
o interceptor Swale
o Erosion Control Compost
o Compost Filter Socks
II. Sedimentation Control
o Blankets/Matting
o Sod
o Diversion Dike
o Mulch Filter Socks
Prior to project initiation, the project area must be isolated from adjacent wetlands
and water bodies by the use of BMPs'to confine sediment. Dredged material shall be
.placed in such a manner that prevents sediment runoff into water in the state,
including wetlands. Water bodies can be isolated by the use of one or more of the
required BMPs identified for sedimentation control. These BMP's must be maintained
and remain in place until the dredged material is stabilized. At least one of the
following BMPs must be maintained and remain in place until the area has been
stabilized for NWPs 3, 6, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 2S, 27, 29, 30, 31, 32, 33,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, and 54. If the applicant does
not choose one of the BMPs listed, an individual 401 certification is required. BMPs for
NWP 52 apply only to land -based impacts from attendant features.
o Sand Bag Berm o Rock Berm
Revised March 3, 2017 Page t of 3
Attachment 2
401 Water Quality Certification Best Management Practices (BMPs) for
Nationwide Permits
o Silt Fence
o Triangular Filter Dike
o Stone Outlet Sediment Traps
o Erosion Control Compost
o Compost Filter Socks
III. Post -Construction TSS Control
o Hay Bale Dike
o Brush Berms
o Sediment Basins
o Mulch Filter Socks
After construction has been completed and the site is stabilized, total suspended
solids (TSS) loadings shall be controlled by at least one of the following BMPs for NWPs
12, 14, 17, 18, 21, 29, 31, 36, 39, 40, 41, 42, 44, 45, 49, 50, 51, and 52. if the applicant
does not choose one of the BMPs listed, an individual 401 certification is required.
BMPs for NWP 52 apply only to land -based impacts from attendant features. Runoff
from bridge decks has been exempted from the requirement for post construction TSS
controls.
o Retention/Irrigation Systems
o Extended Detention Basin
o Vegetative Filter Strips
o Grassy Swales
o Erosion Control Compost
o Compost Filter Socks
o Constructed Wetlands
o Wet Basins
o Vegetation lined drainage ditches
o Sand Filter Systems
o Mulch Filter Socks
o Sedimentation Chambers*
* Only to be used when there is no space available for other approved BMPs.
IV. NWP 16: Return Water from Upland Contained Disposal Areas
Effluent from an upland contained disposal area shall not exceed a TSS concentration
of 300 mg/L unless a site -specific TSS limit, or a site specific correlation curve for
turbidity (nephelometric turbidity units (NTU)) versus TSS has been approved by TCEQ.
V. NWP 29, 39, 40, 42, 43, 44, 50, 51, and 52
The Corps will copy the TCEQ on all authorizations for impacts of greater than 300
Revised March 3, 2017 Page 2 of 3
Attachment 2
401 Water Quality Certification Best Management Practices (BMPs) for
Nationwide Permits
linear feet of intermittent and ephemeral streams.
VI. NWP 13
The Corps will copy the TCEQ on all authorizations for impacts greater than 500 linear
feet in length of ephemeral, intermittent, perennial streams or drainage ditches.
VII. NWP 36
The Corps will copy the TCEQ on all authorizations for discharges greater than the 50
cubic yard limit or boat ramps greater than 20 feet in width.
VIII. All NWPs except NWP 3
These NWPs are not authorized for use in coastal dune swales, mangrove marshes, and
Columbia bottomlands in the Galveston District, Texas.
Revised March 3, 2017 Page 3 of 3
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p�`MEfV'�A� O
Attachment 3
Reference to Nationwide Permits Best Management Practices Requirements
NWP
Permit Description
Erosion
Sediment
Post
Control
Control
Construction
TSS
1
Aid to Navigation
2
Structures in Artificial. Canals
3
Maintenance
X
X
4
Fish and Wildlife Harvesting,
Enhancement and Attraction Devices and
Activities
5
Scientific Measurement Devices
G
Survey Activities *Trenching
X
X
7
Outfall Structures and Associated Intake
X
X
Structures
8
Oil and Gas Structures on the Outer
Continental Shelf
9
Structures in Fleeting and Anchorage
Areas
10
Mooring Buoys
11
Temporary Recreational Structures
12
Utility Line Activities
X
X
X
13
Bank Stabilization
X
X
14
Linear Transportation Projects
X
X
X
15
U.S. Coast Guard Approved Bridges
X
X
16 Return Water From Upland Contained
Disposal Areas
17 Hydropower Projects
X
X
X
18 Minor Discharges
X
X
X
19 Minor Dredging
X
X
Revised March 3, 2017
Page I of 3
.��ortMr,�o
L \-fir
�1ENTA�
Attachment 3
Reference to Nationwide Permits Best Management Practices Requirements
NWP Permit Description
Erosion
Sediment
Post
Control
Control
Construction
TSS
20 Response Operations for Oil and
Hazardous Substances
21 Surface Coal Mining Activities
X
X
X
22 Removal of Vessels
X
X
23 Approved Categorical Exclusions
24 Indian Tribe or State Administered
Section 404 Programs
25 Structural Discharges
X
X
26 [Reserved]
27 Aquatic Habitat Restoration,
X
X
Establishment, and Enhancement
Activities
28 Modifications of Existing Marinas
29 Residential Developments
X
X
X
30 Moist Soil Management for Wildlife
X
X
31 Maintenance of Existing Flood Control
X
X
X
Facilities
32 Completed Enforcement Actions
X
X
33 Temporary Construction, Access and
X
X
Dewatering
34 Cranberry Production Activities
35 Maintenance Dredging of Existing Basins
36 Boat Ramps
X
X
X
37 Emergency Watershed Protection and
X
X
Rehabilitation
38 Cleanup of Hazardous and Toxic Waste
X
X
Devised March 3, 2017
Page 2 of 3
NIM
NMENTA�
Attachment 3
Reference to Nationwide Permits Best Management Practices Requirements
NWP Permit Description
Erosion
Sediment
Post
Control
I Control
Construction
TSS
39 Commercial and Institutional
X
X
X
Developments
40 Agricultural Activities
X
X
X
41 Reshaping Existing Drainage Ditches
X
X
X
42 Recreational Facilities
X
X
X
43 Stormwater Management Facilities
X
X
44 Mining Activities
X
X
X
45. Repair of Uplands Damaged by Discrete
X
X
X
Events
46. Discharges in Ditches
X
X
47. [Reserved]
48. Existing Commercial Shellfish
Aquaculture Activities
49. Coal Remining Activities
X
X
X
50. Underground Coal Mining Activities
X
X
X
51. Land -Based Renewable Energy Generation
X
X
X
Facilities
52. Water -Based Renewable Energy
X
X
X
Generation Pilot Projects
53. Removal of Low -Head Dams
X
X
54. Living Shorelines
X
Revised March 3, 2017
Page 3 of 3
hihll,�j��
�YAIENTAy
Attachment 4
Description of BMPs
EROSION CONTROL BMPs
Temporary Vegetation
Description: Vegetation can be used as a temporary or permanent stabilization
technique for areas disturbed by construction. Vegetation effectively reduces erosion
in swales, stockpiles, berms, mild to medium slopes, and along roadways. Other
techniques such as matting, mulches, and grading may be required to assist in the
establishment of vegetation.
Materials:
• The type of temporary vegetation used on a site is a function of the season and the
availability of water for irrigation.
• Temporary vegetation should be selected appropriately for the area.
• County agricultural extension agents are a good source for suggestions for
temporary vegetation.
• All seed should be high quality, U.S. Dept. of Agriculture certified seed.
Installation:
• Grading must be completed prior to seeding.
• Slopes should be minimized.
• Erosion control structures should be installed.
• Seedbeds should be well pulverized, loose, and uniform.
• Fertilizers should be applied at appropriate rates.
• Seeding rates should be applied as recommended by the county agricultural
extension agent.
• The seed should be applied uniformly.
• Steep slopes should be covered with appropriate soil stabilization matting.
Blankets and Matting
Description: Blankets and matting material can be used as an aid to control erosion
Revised March 3, 2017 Page 1 of 34
i
Attachment 4
Description of BMPs
on critical sites during the establishment period of protective vegetation. The most
common uses are in channels, interceptor swales, diversion dikes, short, steep slopes,
and on tidal or stream banks.
Materials:
New types of blankets and matting materials are continuously being developed. The
Texas Department of Transportation (TxDOT) has defined the critical performance
factors for these types of products and has established minimum performance
standards which must be met for any product seeking to be approved for use within
any of TxDOT's construction or maintenance activities. The products that have been
approved by TxDOT are also appropriate for general construction site stabilization.
TxDOT maintains a web site at
http://www.txdot.gov/business/doing_business/product_evaluation/erosion_control.h
tm which is updated as new products are evaluated.
Installation:
. Install in accordance with the manufacturer's recommendations.
Proper anchoring of the material.
Prepare a friable seed bed relatively free from clods and rocks and any foreign
material.
Fertilize and seed in accordance with seeding or other type of planting plan.
• Erosion stops should extend beyond the channel liner to full design cross-section of
the channel.
A uniform trench perpendicular to line of flow may be dug with a spade or a
mechanical trencher.
. Erosion stops should be deep. enough to penetrate solid material or below level of
ruling in sandy soils.
• Erosion stop mats should be wide enough to allow turnover at bottom of trench for
stapling, while maintaining the top edge flush with channel surface.
Mulch
Description: Mulching is the process of applying a material to the exposed soil surface
to protect it from erosive forces and to conserve soil moisture until plants can become
established. When seeding critical sites, sites with adverse soil conditions or seeding
on other than optimum seeding dates, mulch material should be applied immediately
Revised March 3, 2017 Page 2 of 34
�OMMI
Attachment 4
Description of BMPs
after seeding. Seeding during optimum seeding dates and with favorable soils and site
conditions will not need to be mulched.
Materials:
• Mulch may be small grain straw which should be applied uniformly.
a On slopes 15 percent or greater, a binding chemical must be applied to the surface.
• Wood -fiber or paper -fiber mulch may be applied by hydroseeding.
• Mulch nettings may be used.
a Wood chips may be used where appropriate.
Installation:
Mulch anchoring should be accomplished immediately after mulch placement. This
may be done by one of the following methods: peg and twine, mulch netting, mulch
anchoring tool, or liquid mulch binders.
Sod
Description: Sod is appropriate for disturbed areas which require immediate
vegetative covers, or where sodding is preferred to other means of grass
establishment. Locations particularly suited to stabilization with sod are waterways
carrying intermittent flow, areas around drop inlets or in grassed swales, and
residential or commercial lawns where quick use or aesthetics are factors. Sod is
composed of living plants and those plants must receive adequate care in order to
provide vegetative stabilization on a disturbed area.
Materials:
• Sod should be machine cut at a uniform soil thickness.
• Pieces of sod should be cut to the supplier's standard width and length.
• Torn or uneven pads are not acceptable.
• Sections of sod should be strong enough to support their own weight and retain
their size and shape when suspended from a firm grasp.
• Sod should be harvested, delivered, and installed within a period of 36 hours.
Revised March 3, 2017 Page 3 of 34
All
Attachment 4
Description of BMPs
Installation:
. Areas to be sodded should be brought to final grade.
. The surface should be cleared of all trash and debris.
. Fertilize according to soil tests.
. Fertilizer should be worked into the soil.
. Sod should not be cut or laid in excessively wet or dry weather.
. Sod should not be laid on soil surfaces that are frozen.
. During periods of high temperature, the soil should be lightly irrigated.
. The first row of sod should be laid in a straight line with subsequent rows placed
parallel to and butting tightly against each other.
. Lateral joints should be staggered to promote more uniform growth and strength.
. Wherever erosion may be a problem, sod should be laid with staggered joints and
secured.
. Sod should be installed with the length perpendicular to the slope (on the contour).
. Sod should be rolled or tamped.
. Sod should be irrigated to a sufficient depth.
. Watering should be performed as often as necessary to maintain soil moisture.
. The first mowing should not be attempted until the sod is firmly rooted.
. Not more than one third of the grass leaf should be removed at any one cutting.
Interceptor Swale
Interceptor swales are used to shorten the length of exposed slope by intercepting
runoff, prevent off -site runoff from entering the disturbed area, and prevent sediment -
laden runoff from leaving a disturbed site. They may have a v-shape or be trapezoidal
with a flat bottom and side slopes of 3:1 or flatter. The outflow from a swale should
be directed to a stabilized outlet or sediment trapping device. The swales should
remain in place until the disturbed area is permanently stabilized.
Revised March 3, 2017 Page 4 of 34
o
Attachment 4
Description of BMPs
Materials:
Stabilization should consist of a layer of crushed stone three inches thick, riprap or
high velocity erosion control mats.
Stone stabilization should be used when grades exceed 2% or velocities exceed 6 feet
per second.
Stabilization should extend across the bottom of the swale and up both sides of the
channel to a minimum height of three inches above the design water surface
elevation based -on a 2-year, 24-hour storm.
Installation:
An interceptor swale should be installed across exposed slopes during construction
and should intercept no more than 5 acres of runoff.
. All earth removed and not needed in construction should be disposed of in an
approved spoils site so that it will not interfere with the functioning of the swale or
contribute to siltation in other areas of the site.
• All trees, brush, stumps, obstructions and other material should be removed and
disposed of so as not to interfere with the proper functioning of the swale.
• Swales should have a maximum depth of 1.5 feet with side slopes of 3:1 or flatter.
Swales should have positive drainage for the entire length to an outlet.
When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless
of slope), stabilization is required. Stabilization should be crushed stone placed in a
layer of at least 3 inches thick or may be high velocity erosion control matting.
Check dams are also recommended to reduce velocities in the swales possibly
reducing the amount of stabilization necessary.
. Minimum compaction for the swale should be 90% standard proctor density.
Diversion Dikes
A temporary diversion dike is a barrier created by the placement of an earthen
embankment to reroute the flow of runoff to an erosion control device or away from
an open, easily erodible area. A diversion dike intercepts runoff from small upland
areas and diverts it away from exposed slopes to a stabilized outlet, such as a rock
berm, sandbag berm, or stone outlet structure. These controls can be used on the
perimeter of the site to prevent runoff from entering the construction area. Dikes are
generally used for the duration of construction to intercept and reroute runoff from
disturbed areas to prevent excessive erosion until permanent drainage features are
installed and/or slopes are stabilized.
Revised March 3, 2017 Page 5 of 34
1hf�
Attachment 4
Description of BMPs
Materials:
. Stone stabilization (required for velocities in excess of 6 fps) should consist of
riprap placed in a layer at least 3 inches thick and should extend a minimum height
of 3 inches above the design water surface up the existing slope and the upstream
face of the dike.
Geotextile fabric should be a non -woven polypropylene fabric designed specifically
for use as a soil filtration media with an approximate weight of 6 oz./yd', a Mullen
burst rating of 140 psi, and having an equivalent opening size (EOS) greater than a
#50 sieve.
Installation:
Diversion dikes should be installed prior to and maintained for the duration of
construction and should intercept no more than 10 acres of runoff.
Dikes should have a minimum top width of 2 feet and a minimum height of
compacted fill of 18 inches measured form the top of the existing ground at the
upslope toe to top of the dike and have side slopes of 3:1 or flatter.
. The soil for the dike should be placed in lifts of 8 inches or less and be compacted to
95 % standard proctor density.
. The channel, which is formed by the dike, must have positive drainage for -its entire I
length to an outlet.
When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless
of slope), stabilization is required. In situations where velocities do not exceed 6 feet
per second, vegetation may be used to control erosion.
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on
critical sites during the establishment period of protective vegetation. The most
common uses are on steep slopes, swales, diversion dikes, and on tidal or stream
banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance
standards which must be met for any products seeking to be approved for use within
any of TxDOT's construction or maintenance activities. Material used within any
TxDOT construction or maintenance activities must meet material specifications in
accordance with current TxDOT specifications. TxDOT maintains a website at
Revised March 3, 2017 Page 6 of 34
Attachment 4
Description of BMPs
http://www.txdot.gov/business/contractors_consultants/recycling/compost.htm that
provides information on compost specification data.
ECC used for projects not related to TxDOT should also be of quality materials by
meeting performance standards and compost specification data. To ensure the quality
of compost used as an ECC, products should meet all applicable state and federal
regulations, including but not limited to the United States Environmental Protection
Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for
Class A biosolids and Texas Natural Resource Conservation Commission (now named
TCEQ) Health and Safety Regulations as defined in the Texas Administration Code
(TAC), Chapter 332, and all other relevant requirements for compost products outlined
in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final
Products and §332.72 Final Product Grades. Compost specification data approved by
Tx )0T are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures
product safety, and product performance regarding the product's specific use. The
appropriate compost sampling and testing protocols included in the United States
Composting Council (USCC) Test Methods for the Examination of Composting and
Compost (TMECC) should be conducted on compost products used for ECC to ensure
that the products used will not impact public health, safety, and the environment and
to promote production and marketing of quality composts that meet analytical
standards. TMECC is a laboratory manual that provides protocols for the composting
industry and test methods for compost analysis. TMECC provides protocols to sample,
monitor, and analyze materials during all stages of the composting process. Numerous
parameters that might be of concern in compost can be tested by following protocols
or test methods listed in TMECC. TMECC information can be found at
http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA)
program contains information regarding compost STA certification. STA program
information can be found at http://tmecc.org/sta/STA_program_description.html.
Installation:
. Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
• When rolling is specified, use a light corrugated drum roller.
Revised March 3, 2017 Page 7 of 34
44
Attachment 4
Description of BMPs
Mulch and Compost kilter Socks
Description: Mulch and compost filter socks (erosion control logs) are used to
intercept and detain sediment laden run-off from unprotected areas. When properly
used, mulch and compost filter socks can be highly effective at controlling sediment
from disturbed areas. They cause runoff to pond which allows heavier solids to settle.
Mulch and compost filter socks are used during the period of construction near the
perimeter of a disturbed area to intercept sediment while allowing water to percolate
through. The sock should remain in place until the area is permanently stabilized.
Mulch and compost filter socks may be installed in construction areas and temporarily
moved during the day to allow construction activity provided it is replaced and
properly anchored at the end of the day. Mulch and compost filter socks may be
seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch and compost filter socks are continuously being developed. The
Texas Department of Transportation (TxDOT) has established minimum performance
standards which must be met for any products seeking to be approved for use within
any of TxDOT's construction or maintenance activities. Mulch and compost filter
socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 5049. TxDOT
maintains a website at
http://www.txdot.gov/business/contractors_consultants/recycling/compost.htm that
provides information on compost specification data.
Mulch and compost filter socks used for projects not related to TxDOT should also be
of quality materials by meeting performance standards and compost specification
data. To ensure the quality of compost used for mulch and compost filter socks,
products should meet all applicable state and federal regulations, including but not
limited to the United States Environmental Protection Agency (USEPA) Code of Federal
Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural
Resource Conservation Commission Health and Safety Regulations as defined in the
Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for
compost products outlined in TAC, Chapter 332. Testing requirements required by the
TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and
Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost
specification data approved by TxDOT are appropriate to use for ensuring the use of
quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures
product safety, and product performance regarding the product's specific use. The
appropriate compost sampling and testing protocols included in the United States
Composting Council (USCG) Test Methods for the Examination of Composting and
Revised March 3, 2017 Page 8 of 34
�O�fhflSsjp
�� do
Attachment 4
Description of BMPs
Compost (TMECC) should be conducted on compost products used for mulch and
compost filter socks to ensure that -the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality
composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC
provides protocols to sample, monitor, and analyze materials during all stages of the
composting process. Numerous parameters that might be of concern in compost can
be tested by following protocols or test methods listed in TMECC. TMECC information
can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing
Assurance (STA) program contains information regarding compost STA certification.
STA program information can be found at
http://tmecc.org/sta/STA_program-description.html.
Installation:
p Install in accordance with TxDOT Special Specification 5049.
a Install socks (erosion control logs) near the downstream perimeter of a disturbed
area to intercept sediment from sheet flow.
Secure socks in a method adequate to prevent displacement as a result of normal
rain events such that flow is not allowed under the socks.
Inspect and maintain the socks in good condition (including staking, anchoring,
etc.). Maintain the integrity of the control, including keeping the socks free of
accumulated silt, debris, etc., until the disturbed area has been adequately
stabilized.
SEDIMENT CONTROL BMPS
Sand Bag Berm
Description: The purpose of a sandbag berm is to detain sediment carried in runoff
from disturbed areas. This objective is accomplished by intercepting runoff and
causing it to pool behind the sand bag berm. Sediment carried in the runoff is
deposited on the upstream side of the sand bag berm due to the reduced flow velocity.
Excess runoff volumes are allowed to flow over the top of the sand bag berm. Sand
bag berms are used only during construction activities in streambeds when the
contributing drainage area is between 5 and 10 acres and the slope is less than 15%,
i.e., utility construction in channels, temporary channel crossing for construction
equipment, etc. Plastic facing should be installed on the upstream side and the berm
should be anchored to the streambed by drilling into the rock and driving in T-posts or
rebar (#5 or #6) spaced appropriately.
Revised March 3, 2017 Page 9 of 34
Attachment 4
Description of BMPs
Materials:
The sand bag material should be polypropylene, polyethylene, polyamide or cotton
burlap woven fabric, minimum unit weight 4 oz/yd 2, mullen burst strength
exceeding 300 psi and ultraviolet stability exceeding 70 percent.
The bag length should be 24 to 30 inches, width should be 16 to 18 inches and
thickness should be 6 to 8 inches.
Sandbags should be filled with coarse grade sand and free from deleterious
material. All sand should pass through a No. 10 sieve. The filled bag should have
an approximate weight of 40 pounds.
Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a
nominal internal diameter of 4 inches.
Installation:
The berm should be a minimum height of 18 inches, measured from the top of the
existing ground at the upslope toe to the top of the berm.
The berm should be sized as shown in the plans but should have a minimum width
of 48 inches measured at the bottom of the berm and 16 inches measured at the top
of the berm.
. Runoff water should flow over the tops of the sandbags or through 4-inch diameter
PVC pipes embedded below the top layer of bags.
. When a sandbag is filled with material, the open end of the sandbag should be
stapled or tied with nylon or poly cord.
• Sandbags should be stacked in at least three rows abutting each other, and in
staggered arrangement.
• The base of the berm should have at least 3 sandbags. These can be reduced to 2
and 1 bag in the second and third rows respectively.
• For each additional 6 inches of height, an additional sandbag must be added to each
row width.
• A bypass pump -around system, or similar alternative, should be used on
conjunction with the berm for effective dewatering of the work area.
Revised March 3, 2017 Page 10 of 34
SOMA
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Attachment 4
Description of BMPs
Silt Fence
Description: A silt fence is a barrier consisting of geotextile fabric supported by metal
posts to prevent soil and sediment loss from a site. When properly used, silt fences
can be highly effective at controlling sediment from disturbed areas. They cause
runoff to pond which allows heavier solids to settle. If not properly installed, silt
fences are not likely to be effective. The purpose of a silt fence is to intercept and
detain water -borne sediment from unprotected areas of a limited extent. Silt fence is
used during the period of construction near the perimeter of a disturbed area to
intercept sediment while allowing water to percolate through. This fence should
remain in place until the disturbed area is permanently stabilized. Silt fence should
not be used where there is a concentration of water in a channel or drainage way. If
concentrated flow occurs after installation, corrective action must be taken such as
placing a rock berm in the areas of concentrated flow. Silt fencing within the site may
be temporarily moved during the day to allow construction activity provided it is
replaced and properly anchored to the ground at the end of the day. Silt fences on the
perimeter of the site or around drainage ways should not be moved at any time.
Materials:
Silt fence material should be polypropylene, polyethylene or polyamide woven or
nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight
of 4.5 oz/yd, mullen burst strength exceeding 190 lb/in 2, ultraviolet stability
exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar
cross section, surface painted or galvanized, minimum nominal weight 1.25 lb/ft 2,
and Brindell hardness exceeding 140.
Woven wire backing to support the fabric should be galvanized 2-inch x 4-inch
welded wire, 12 gauge minimum.
Installation:
Steel posts, which support the silt fence, should be installed on a slight angle
toward the anticipated runoff source. Post must be embedded a minimum of 1 foot
deep and spaced not more than 8 feet on center. Where water concentrates, the
maximum spacing should be 6 feet.
Lay out fencing down -slope of disturbed area, following the contour as closely as
possible. The fence should be sited so that the maximum drainage area is + acre/100
feet of fence.
The toe of the silt fence should be trenched in with a spade or mechanical trencher,
Revised March 3, 2017 Page ii of 34
Attachment 4
Description of BMPs
so that the down -slope face of the trench is flat and perpendicular to the line of
flow. Where fence cannot be trenched in (e.g., pavement or rock outcrop), weight
fabric flap with 3 inches of pea gravel on uphill side to prevent flow from seeping
under fence.
The trench must be a minimum of 6 inches deep and 6 inches wide to allow for the
silt fence fabric to be laid in the ground and backfilled with compacted material.
Silt fence should be securely fastened to each steel support post or to woven wire,
which is in turn attached to the steel fence post. There should be a 3-Foot overlap,
securely fastened where ends of fabric meet.
Triangular Filter Dike
Description: The purpose of a triangular sediment filter dike is to intercept and
detain water -borne sediment from unprotected areas of limited extent. The triangular
sediment filter dike is used where there is no concentration of water in a channel or
other drainage way above the barrier and the contributing drainage area is less than
one acre. If the uphill slope above the dike exceeds 10%, the length of the slope above
the dike should be less than 50 feet. If concentrated flow occurs after installation,
corrective action should be taken such as placing rock berm in the areas of
concentrated flow. This measure is effective on paved areas where installation of silt
fence is not possible or where vehicle access must be maintained. The advantage of
these controls is the ease with which they can be moved to allow vehicle traffic and
then reinstalled to maintain sediment
Materials:
Silt fence material should be polypropylene, polyethylene or polyamide woven or
nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight
of 4.5 oz/yd, mullen burst strength exceeding 190 lb/in 2 , ultraviolet stability
exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
The dike structure should be 6 gauge 6-ing x 6-inch wire mesh folded into triangular
form being eighteen (18) inches on each side.
Installation:
The frame of the triangular sediment filter dike should be constructed of 6-inch x 6-
inch, 6 gauge welded wire mesh, 18 inches per side, and wrapped with geotextile
fabric the same composition as that used for silt fences.
. Filter material should lap over ends six (6) inches to cover dike to dike junction;
each junction should be secured by shoat rings.
Revised March 3, 2017 Page 12 of 34
7 � v
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Attachment 4
Description of BMPs
Position dike parallel to the contours, with the end of each section closely abutting
the adjacent sections.
There are several options for fastening the filter dike to the ground. The fabric skirt
may be toed -in with 6 inches of compacted material, or 12 inches of the fabric skirt
should extend uphill and be secured with a minimum of 3 inches of open graded
rock, or with staples or nails. If these two options are not feasible the dike structure
may be trenched in 4 inches.
Triangular sediment filter dikes should be installed across exposed slopes during
construction with ends of the dike tied into existing grades to prevent failure and
should intercept no more than one acre of runoff.
When moved to allow vehicular access, the dikes should be reinstalled as soon as
possible, but always at the end of the workday.
Rock Berm
Description: The purpose of a rock berm is to serve as a check dam in areas of
concentrated flow, to intercept sediment -laden runoff, detain the sediment and release
the water in sheet flow. The rock berm should be used when the contributing drainage
area is less than 5 acres. Rock berms are used in areas where the volume of runoff is
too great for a silt fence to contain. They are less effective for sediment removal than
silt fences, particularly for fine particles, but are able to withstand higher flows than a
silt fence. As such, rock berms are often used in areas of channel flows (ditches,
gullies, etc.). Rock berms are most effective at reducing bed load in channels and
should not be substituted for other erosion and sediment control measures further up
the watershed.
Materials:
The berm structure should be secured with a woven wire sheathing having
maximum opening of one inch and a minimum wire diameter of 20 gauge
galvanized and should be secured with shoat rings.
Clean, open graded 3- to 5-inch diameter rock should be used, except in areas
where high velocities or large volumes of flow are expected, where 5- to 8-inch
diameter rocks may be used.
Installation:
Lay out the woven wire sheathing perpendicular to the flow line. The sheathing
should be 20 gauge woven wire mesh with 1 inch openings.
Berm should have a top width of 2 feet minimum with side slopes being 2:1 (H:V) or
flatter.
Revised March 3, 2017 Page 13 of 34
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Attachment 4
Description of BMPs
. Place the rock along the sheathing to a height not less than 18 inches.
Wrap the wire sheathing around the rock and secure with tie wire so that the ends
of the sheathing overlap at least 2 inches, and the berm retains its shape when
walked upon.
. Berm should be built along the contour at zero percent grade or as near as possible.
The ends of the berm should be tied into existing upslope grade and the berm
should be buried in a trench approximately 3 to 4 inches deep to prevent failure of
the control.
Hay BaIe Dike
Description: The purpose of a hay or straw bale dike is to intercept and detain small
amounts of sediment -laden runoff from relatively small unprotected areas. Straw
bales are to be used when it is not feasible to install other, more effective measures or
when the construction phase is expected to last less than 3 months. Straw bales
should not be used on areas where rock or other hard surfaces prevent the full and
uniform anchoring of the barrier.
Materials:
Straw: The best quality straw mulch comes from wheat, oats or barley and should be
free of weed and grass seed which may not be desired vegetation for the area to be
protected. Straw mulch is light and therefore must be properly anchored to the
ground.
Hay: This is very similar to straw with the exception that it is made of grasses and
weeds and not grain stems. This form of mulch is very inexpensive and is widely
available but does introduce weed and grass seed to the area. Like straw, hay is light
and must be anchored.
Straw bales should weigh a minimum of SO pounds and should be at least 30 inches
long.
Bales should be composed entirely of vegetable matter and be free of seeds.
. Binding should be either wire or nylon string, jute or cotton binding is unacceptable.
Bales should be used for not more than two months before being replaced.
Revised March 3, 2017 Page 14 Of 34
�ph4
i
Attachment 4
Description of BMPs
Installation:
Bales should be embedded a minimum of 4 inches and securely anchored using 2-
inch x 2-inch wood stakes or 3/8-inch diameter rebar driven through the bales into
the ground a minimum of 6 inches.
Bales are to be placed directly adjacent to one another leaving no gap between them.
All bales should be placed on the contour.
The first stake in each bale should be angled toward the previously laid bale to force
the bales together.
Brush Berms
Organic litter and spoil material from site clearing operations is usually burned or
hauled away to be dumped elsewhere. Much of this material can be used effectively on
the construction site itself. The key to constructing an efficient brush berm is in the
method used to obtain and place the brush. It will not be acceptable to simply take a
bulldozer and push whole trees into a pile. This method does not assure continuous
ground contact with the berm and will allow uncontrolled flows under the berm.
Brush berms may be used where there is little or no concentration of water in a
channel or other drainage way above the berm. The size of the drainage area should be
no greater than one-fourth of an acre per 100 feet of barrier length; the maximum
slope length behind the barrier should not exceed 100 feet; and the maximum slope
gradient behind the barrier should be Iess than 50 percent (2:1).
Materials:
• The brush should consist of woody brush and branches, preferably less than 2
inches in diameter.
• The filter fabric should conform to the specifications for filter fence fabric.
• The rope should be 1/4 - inch polypropylene or nylon rope.
• The anchors should be 3/8-inch diameter rebar stakes that are 18-inches long.
Installation:
Lay out the brush berm following the contour as closely as possible.
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Attachment 4
Description of BMPs
• The juniper limbs should be cut and hand placed with the vegetated part of the limb
in close contact with the ground. Each subsequent branch should overlap the
previous branch providing a shingle effect.
• The brush berm should be constructed in lifts with each layer extending the entire
length of the berm before the next layer is started.
• A trench should be excavated 6-inches wide and 4-inches deep along the length of
the barrier and immediately uphill from the barrier.
• The filter fabric should be cut into lengths sufficient to lay across the barrier from
its up -slope base to just beyond its peak. The lengths of filter fabric should be
draped across the width of the barrier with the uphill edge placed in the trench and
the edges of adjacent pieces overlapping each other. Where joints are necessary, the
fabric should be spliced together with a minimum 6-inch overlap and securely
sealed.
The trench should be backfilled and the soil compacted over the filter fabric.
• Set stakes into the ground along the downhill edge of the brush barrier, and anchor
the fabric by tying rope from the fabric to the stakes. Drive the rope anchors into
the ground at approximately a 45-degree angle to the ground on 6-foot centers.
• Fasten the rope to the anchors and tighten berm securely to the ground with a
minimum tension of 50 pounds.
• The height of the brush berm should be a minimum of 24 inches after the securing
ropes have been tightened.
Stone Outlet Sediment Trans
A stone outlet sediment trap is an impoundment created by the placement of an
earthen and stone embankment to prevent soil and sediment loss from a site. The
purpose of a sediment trap is to intercept sediment -laden runoff and trap the
sediment in order to protect drainage ways, properties and rights of way below the
sediment trap from sedimentation. A sediment trap is usually installed at points of
discharge from disturbed areas. The drainage area for a sediment trap is
recommended to be less than 5 acres.
Larger areas should be treated using a sediment basin. A sediment trap differs from a
sediment basin mainly in the type of discharge structure. The trap should be located to
obtain the maximum storage benefit from the terrain, for ease of clean out and
disposal of the trapped sediment and to minimize interference with construction
activities. The volume of the trap should be at least 3600 cubic feet per acre of
Revised March 3, 2017 Page tb of 34
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Attachment 4
Description of BMPs
drainage area.
Materials:
All aggregate should be at least 3 inches in diameter and should not exceed a
volume of 0.5 cubic foot.
The geotextile fabric specification should be woven polypropylene, polyethylene or
polyamide geotextile, minimum unit weight of 4.5 oz/yd 2, mullen burst strength at
least 250 lb/in 2, ultraviolet stability exceeding 70%, and equivalent opening size
exceeding 40.
Installation:
Earth Embankment: Place fill material in layers not more than 8 inches in loose
depth. Before compaction, moisten or aerate each layer as necessary to provide the
optimum moisture content of the material. Compact each layer to 95 percent
standard proctor density. Do not place material on surfaces that are muddy or
frozen. Side slopes for the embankment are to be 3:1. The minimum width of the
embankment should be 3 feet.
A gap is to be left in the embankment in the location where the natural confluence
of runoff crosses the embankment line. The gap is to have a width in feet equal to 6
times the drainage area in acres.
Geotextile Covered Rock Core: A core of filter stone having a minimum height of 1.5
feet and a minimum width at the base of 3 feet should be placed across the opening
of the earth embankment and should be covered by geotextile fabric which should
extend a minimum distance of 2 feet in either direction from the base of the filter
stone core.
Filter Stone Embankment: Filter stone should be placed over the geotextile and is to
have a side slope which matches that of the earth embankment of 3:1 and should
cover the geotextile/rock core a minimum of 6 inches when installation is complete.
The crest of the outlet should be at least 1 foot below the top of the embankment.
Sediment Basins:
The purpose of a sediment basin is to intercept sediment -laden runoff and trap the
sediment in order to protect drainage ways, properties and rights of way below the
sediment basin from sedimentation. A sediment basin is usually installed at points of
discharge from disturbed areas. The drainage area for a sediment basin is
recommended to be less than 100 acres.
Revised March 3, 2617 Page 17 of 34
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Attachment 4
Description of BMPs
Sediment basins are effective for capturing and slowly releasing the runoff from larger
disturbed areas thereby allowing sedimentation to take place. A sediment basin can be
created where a permanent pond BMP is being constructed. Guidelines for construction
of the permanent BMP should be followed, but revegetation, placement of underdrain
piping, and installation of sand or other filter media should not be carried out until the
site construction phase is complete.
Materials:
. Riser should be corrugated metal or reinforced concrete pipe or box and should
have watertight fittings or end to end connections of sections.
An outlet pipe of corrugated metal or reinforced concrete should be attached to the
riser and should have positive flow to a stabilized outlet on the downstream side of
the embankment.
An anti -vortex device and rubbish screen should be attached to the top of the riser
and should be made of polyvinyl chloride or corrugated metal.
Basin Design and Construction:
For common drainage locations that serve an area with ten or more acres disturbed
at one time, a sediment basin should provide storage for a volume of runoff from a
two-year, 24-hour storm from each disturbed acre drained.
The basin length to width ratio should be at least 2:1 to improve trapping efficiency.
The shape may be attained by excavation or the use of baffles. The lengths should
be measured at the elevation of the riser de -watering hole.
Place fill material in layers not more than 8 inches in loose depth. Before
compaction, moisten or aerate each layer as necessary to provide the optimum
moisture content of the material. Compact each layer to 95 percent standard proctor
density. Do not place material on surfaces that are muddy or frozen. Side slopes for
the embankment should be 3:1 (H:V).
An emergency spillway should be installed adjacent to the embankment on
undisturbed soil and should be sized to carry the full amount of flow generated by a
10-year, 3-hour storm with 1 foot of freeboard less the amount which can be carried
by the principal outlet control device.
The'emergency spillway should be lined with riprap as should the swale leading
from the spillway to the normal watercourse at the base of the embankment.
Revised March 3, 2017 Page 18 of 34
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Attachment 4
Description of BMPs
The principal outlet control device should consist of a rigid vertically oriented pipe
or box of corrugated metal or reinforced concrete. Attached to this structure should
be a horizontal pipe, which should extend through the embankment to the toe of fill
to provide a de -watering outlet for the basin.
An anti -vortex device should be attached to the inlet portion of the principal outlet
control device to serve as a rubbish screen.
A concrete base should be used to anchor the principal outlet control device and
should be sized to provide a safety factor of 1.5 (downward forces = 1.5 buoyant
forces).
The basin should include a permanent stake to indicate the sediment level in the
pool and marked to indicate when the sediment occupies 50% of the basin volume
(not the top of the stake).
jo The top of the riser pipe should remain open and be guarded with a trash rack and
anti -vortex device. The top of the riser should be 12 inches below the elevation of
the emergency spillway. The riser should be sized to convey the runoff from the 2-
year, 3-hour storm when the water surface is at the emergency spillway elevation.
For basins with no spillway the riser must be sized to convey the runoff from the
10-yr, 3-hour storm.
Anti -seep collars should be included when soil conditions or length of service make
piping through the backfill a possibility.
The 48-hour drawdown time will be achieved by using a riser pipe perforated at the
point measured from the bottom of the riser pipe equal to 1/2 the volume of the
basin. This is the maximum sediment storage elevation. The size of the perforation
may be calculated as follows:
Ao _ As x 2h
Cd x 980,000
Where:
Ao = Area of the de -watering hole, ft 2
Ay = Surface area of the basin, ft 2
C, = Coefficient of contraction, approximately 0.6
h = head of water above the hole, ft
Perforating the riser with multiple holes with a combined surface area
equal to Ao is acceptable.
Revised March 3, 2017 Page ig of 34
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Attachment 4
Description of BMPs
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on
critical sites during the establishment period of protective vegetation. The most
common uses are on steep slopes, swales, diversion dikes, and on tidal or stream
banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance
standards which must be met for any products seeking to be approved for use within
any of TxDOT's construction or maintenance activities. Material used within any
TxDOT construction or maintenance activities must meet material specifications in
accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.txdot.gov/husiness/contractors_consultants/recycling/compost.htm that
provides information on compost specification data.
ECC used for projects not related to TxDOT should also be of quality materials by
meeting performance standards and compost specification data. To ensure the quality
of compost used as an ECC, products should meet all applicable state and federal
regulations, including but not limited to the United States Environmental Protection
Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for
Class A biosolids and Texas Natural Resource Conservation Commission (now named
TCEQ) Health and Safety Regulations as defined in the Texas Administration Code
(TAC), Chapter 332, and all other relevant requirements for compost products outlined
in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final
Products and §332.72 Final Product Grades. Compost specification data approved by
TxDOT are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures
product safety, and product performance regarding the product's specific use. The
appropriate compost sampling and testing protocols included in the United States
Composting Council (USCG) Test Methods for the Examination of Composting and
Compost (TMECC) should be conducted on compost products used for ECC to ensure
that the products used will not impact public health, safety, and the environment and
to promote production and marketing of quality composts that meet analytical
standards. TMECC is a laboratory manual that provides protocols for the composting
industry and test methods for compost analysis. TMECC provides protocols to sample,
monitor, and analyze materials during all stages of the composting process. Numerous
parameters that might be of concern in compost can be tested by following protocols
or test methods listed in TMECC. TMECC information can be found at
Revised March 3, 2017 Page 20 of 34
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Attachment 4
Description of BMPs
http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA)
program contains information regarding compost STA certification. STA program
information can be found at http://tmecc.org/sta/STA_program-description.htmI.
Installation:
. Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
• When rolling is specified, use a light corrugated drum roller.
Mulch and Compost Filter Socks
Description: Mulch and compost filter socks (erosion control logs) are used to
intercept and detain sediment laden run-off from unprotected areas. When properly
used, mulch and compost filter socks can be highly effective at controlling sediment
from disturbed areas. They cause runoff to pond which allows heavier solids to settle.
Mulch and compost filter socks are used during the period of construction near the
perimeter of a disturbed area to intercept sediment while allowing water to percolate
through. The sock should remain in place until the area is permanently stabilized.
Mulch and compost filter socks may be installed in construction areas and temporarily
moved during the day to allow construction activity provided it is replaced and
properly anchored at the end -of the day. Mulch and compost filter socks may be
seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch and compost filter socks are continuously being developed. The
Texas Department of Transportation (TxDOT) has established minimum performance
standards which must be met for any products seeking to be approved for use within
any of TxDOT's construction or maintenance activities. ,Mulch and compost filter
socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 5049. TxDOT
maintains a website at
http://www.txdot.gov/business/contractors consultants/recycling/compost.htm that
provides information on compost specification data.
Mulch and compost filter socks used for projects not related to TxDOT should also be
of quality materials by meeting performance standards and compost specification
data. To ensure the quality of compost used for mulch and compost filter socks,
products should meet all applicable state and federal regulations, including but not
limited to the United States Environmental Protection Agency (USEPA) Code of Federal
Revised March 3, 2017 Page 21 of 34
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,attachment 4
Description of BMPs
Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural
Resource Conservation Commission Health and Safety Regulations as defined in the
Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for
compost products outlined in TAC, Chapter 332. Testing requirements required by the
TCEQ are defined in TAC Chapter 3 3 2, including Sections § 3 3 2.71 Sampling and
Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost
specification data approved by TxDOT are appropriate to use for ensuring the use of
quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures
product safety, and product performance regarding the product's specific use. The
appropriate compost sampling and testing protocols included in the United States
Composting Council (USCG) Test Methods for the Examination of Composting and
Compost (TMECC) should be conducted on compost products used for mulch and
compost filter socks to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality
composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC
provides protocols to sample, monitor, and analyze materials during all stages of the
composting process. Numerous parameters that might be of concern in compost can
be tested by following protocols or test methods listed in TMECC. TMECC information
can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing
Assurance (STA) program contains information regarding compost STA certification.
STA program information can be found at
http://tmecc.org/sta/STA-program-description.html.
Installation:
. Install in accordance with TxDOT Special Specification 5049.
Install socks (erosion control logs) near the downstream perimeter of a disturbed
area to intercept sediment from sheet flow.
Secure socks in a method adequate to prevent displacement as a result of normal
rain events such that flow is not allowed under the socks.
Inspect and maintain the socks in good condition (including staking, anchoring,
etc.). Maintain the integrity of the control, including keeping the socks free of
accumulated silt, debris, etc., until the disturbed area has been adequately
stabilized.
POST -CONSTRUCTION TSS CONTROLS
Retention/Irrigation Systems
Revised March 3, 2017 Page 22 of 34
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Attachment 4
Description of BMPs
Description: Retention/irrigation systems refer to the capture of runoff in a holding
pond, then use of the captured water for irrigation of appropriate landscape areas.
Retention/irrigation systems are characterized by the capture and disposal of runoff
without direct release of captured flow to receiving streams. Retention systems exhibit
excellent pollutant removal but can require regular, proper maintenance. Collection of
roof runoff for subsequent use (rainwater harvesting) also qualifies as a
retention/irrigation practice, but should be operated and sized to provide adequate
volume. This technology, which emphasizes beneficial use of stormwater runoff, is
particularly appropriate for and regions because of increasing demands on water
supplies for agricultural irrigation and urban water supply.
Design Considerations: Retention/irrigation practices achieve 100% removal
efficiency of total suspended solids contained within the volume of water captured.
Design elements of retention/irrigation systems include runoff storage facility
configuration and sizing, pump and wet well system components, basin lining, basin
detention time, and physical and operational components of the irrigation system.
Retention/irrigation systems are appropriate for large drainage areas with low to
moderate slopes. The retention capacity should be sufficient considering the average
rainfall event for the area.
Maintenance Requirements: Maintenance requirements for retention/irrigation
systems include routine inspections, sediment removal, mowing, debris and litter
removal, erosion control, and nuisance control.
Extended Detention Basin
Description: Extended detention facilities are basins that temporarily store a portion
of stormwater runoff following a storm event. Extended detention basins are normally
used to remove particulate pollutants and to reduce maximum runoff rates associated
with development to their pre -development levels. The water quality benefits are the
removal of sediment and buoyant materials. Furthermore, nutrients, heavy metals,
toxic materials, and oxygen -demanding materials associated with the particles also -are
removed. The control of the maximum runoff rates serves to protect drainage
channels below the device from erosion and to reduce downstream flooding. Although
detention facilities designed for flood control have different design requirements than
those used for water quality enhancement, it is possible to achieve these two
objectives in a single facility.
Design Considerations: Extended detention basins can remove approximately 75% of
the total suspended solids contained within the volume of runoff captured in the
basin. Design elements of extended detention basins include basin sizing, basin
configuration, basin side slopes, basin lining, inlet/outlet structures, and erosion
controls. Extended detention basins are appropriate for large drainage areas with low
Revised March 3, 2017 Page 23 of 34
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Attachment 4
Description of BMPs
to moderate slopes. The retention capacity should be sufficient considering the
average rainfall event for the area.
Maintenance Requirements: Maintenance requirements for extended detention basins
include routine inspections, mowing, debris and litter removal, erosion control,
structural repairs, nuisance control, and sediment removal.
Vegetative Filter Strips
Description; Filter strips, also known as vegetated buffer strips, are vegetated sections
of land similar to grassy swales except they are essentially flat with low slopes, and are
designed only to accept runoff as overland sheet flow. They may appear in any
vegetated form from grassland to forest, and are designed to intercept upstream flow,
lower flow velocity, and spread water out as sheet flow. The dense vegetative cover
facilitates conventional pollutant removal through detention, filtration by vegetation,
and infiltration.
Filter strips cannot treat high velocity flows, and do not provide enough storage or
infiltration to effectively reduce peak discharges to predevelopment levels for design
storms. This lack of quantity control favors use in rural or low -density development;
however, they can provide water quality benefits even where the impervious cover is as
high as 50%. The primary highway application for vegetative filter strips is along rural
roadways where runoff that would otherwise discharge directly to a receiving water
passes through the filter strip before entering a conveyance system. Properly designed
roadway medians and shoulders make effective buffer strips. These devices also can be
used on other types of development where land is available and hydraulic conditions
are appropriate.
Fiat slopes and low to fair permeability of natural subsoil are required for effective
performance of filter strips. Although an inexpensive control measure, they are most
useful in contributing watershed areas where peak runoff velocities are low as they are
unable to treat the high flow velocities typically associated with high impervious cover.
Successful performance of filter strips relies heavily on maintaining shallow
unconcentrated flow. To avoid flow channelization and maintain performance, a filter
strip should:
• Be equipped with a level spreading device for even distribution of runoff
• Contain dense vegetation with a mix of erosion resistant, soil binding species
• Be graded to a uniform, even and relatively low slope
• Laterally traverse the contributing runoff area
Revised March 3, 2017 Page 24 of 34
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Attachment 4
Description of BMPs
Filter strips can be used upgradient from watercourses, wetlands, or other water
bodies along toes and tops of slopes and at outlets of other stormwater management
structures. They should be incorporated into street drainage and master drainage
planning. The most important criteria for selection and use of this BMP are soils,
space, and slope.
Design Considerations: Vegetative filter strips can remove approximately 85% of the
total suspended solids contained within the volume of runoff captured. Design
elements of vegetative filter strips include uniform, shallow overland flow across the
entire filter strip area, hydraulic loading rate, inlet structures, slope, and vegetative
cover. The area should be free of gullies or rills which can concentrate flow.
Vegetative filter strips are appropriate for small drainage areas with moderate slopes.
Other design elements include the following:
• Soils and moisture are adequate to grow relatively dense vegetative stands
• Sufficient space is available
• Slope is less than 12%
• Comparable performance to more expensive structural controls
Maintenance Requirements: Maintenance requirements for vegetative filter strips
include pest management, seasonal mowing and lawn care, routine inspections, debris
and litter removal, sediment removal, and grass reseeding and mulching.
Constructed Wetlands
Description: Constructed wetlands provide physical, chemical, and biological water
quality treatment of stormwater runoff. Physical treatment occurs as a result of
decreasing flow velocities in the wetland, and is present in the form of evaporation,
sedimentation, adsorption, and/or filtration. Chemical processes include chelation,
precipitation, and chemical adsorption. Biological processes include decomposition,
plant uptake and removal of nutrients, plus biological transformation and degradation.
Hydrology is one of the most•influential factors in pollutant removal due to its effects
on sedimentation, aeration, biological transformation, and adsorption onto bottom
sediments.
The wetland should be designed such that a minimum amount of maintenance is
required. The natural surroundings, including such things as the potential energy of a
stream or flooding river, should be utilized as much as possible. The wetland should
approximate a natural situation and unnatural attributes, such as rectangular shape or
rigid channel, should be avoided.
Revised March 3, 20I7 Page 25 of 34
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Attachment 4
Description of BMPs
Site considerations should include the water table depth, soil/substrate, and space
requirements. Because the wetland must have a source of flow, it is desirable that the
water table is at or near the surface. If runoff is the only source of inflow for the
wetland, the water level often fluctuates and establishment of vegetation may be
difficult. The soil or substrate of an artificial wetland should be loose loam to clay. A
perennial baseflow must be present to sustain the artificial wetland. The presence of
organic material is often helpful in increasing pollutant removal and retention. A
greater amount of space is required for a wetland system than is required for a
detention facility treating the same amount of area.
Design Considerations: Constructed wetlands can remove over 90% of the total
suspended solids contained within the volume of runoff captured in the wetland.
Design elements of constructed wetlands include wetland sizing, wetland
configuration, sediment forebay, vegetation, outflow structure, depth of inundation
during storm events, depth of micropools, and aeration. Constructed wetlands are
appropriate for large drainage areas with low to moderate slopes.
Maintenance Requirements: Maintenance requirements for constructed wetlands
include mowing, routine inspections, debris and litter removal, erosion control,
nuisance control, structural repairs, sediment removal, harvesting, and maintenance of
water levels.
Wet Basins
Description: Wet basins are runoff control facilities that maintain a permanent wet
pool and a standing crop of emergent littoral vegetation. These facilities may vary in
appearance from natural ponds to enlarged, bermed (manmade) sections of drainage
systems and may function as online or offline facilities, although offline configuration
is preferable. Offline designs can prevent scour and other damage to the wet pond
and minimize costly outflow structure elements needed to accommodate extreme
runoff events.
During storm events, runoff inflows displace part or all of the existing basin volume
and are retained and treated in the facility until the next storm event. The pollutant
removal mechanisms are settling of solids, wetland plant uptake, and microbial
degradation. When the wet basin is adequately sized, pollutant removal performance
can be excellent, especially for the dissolved fraction. Wet basins also help provide
erosion protection for the receiving channel by limiting peak flows during larger storm
events. Wet basins are often perceived as a positive aesthetic element in a community
and offer significant opportunity for creative pond configuration and landscape
design. Participation of an experienced wetland designer is suggested. A significant
potential drawback for wet ponds in and climates is that the contributing watershed
for these facilities is often incapable of providing an adequate water supply to
Revised March 3, 2017 Page 26 of 34
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Attachment 4
Description of BMPs
maintain the permanent pool, especially during the summer months. Makeup water
(i.e., welI water or municipal drinking water) is sometimes used to supplement the
rainfall/runoff process, especially for wet basin facilities treating watersheds that
generate insufficient runoff.
Design Considerations: Wet basins can remove over 90% of the total suspended solids
contained within the volume of runoff captured in the basin. Design elements of wet
basins include basin sizing, basin configuration, basin side slopes, sediment forebay,
inflow and outflow structures, vegetation, depth of permanent pool, aeration, and
erosion control. Wet basins are appropriate for large drainage areas with low to
moderate slopes.
Maintenance Requirements: Maintenance requirements for wet basins include
mowing, routine inspections, debris and litter removal, erosion control, nuisance
control, structural repairs, sediment removal, and harvesting.
Grassy Swales
Grassy swales are vegetated channels that convey stormwater and remove pollutants
by filtration through grass and infiltration through soil. They require shallow slopes
and soils that drain well. Pollutant removal capability is related to channel dimensions,
longitudinal slope, and type of vegetation. Optimum design of these components will
increase contact time of runoff through the swale and improve pollutant removal rates.
Grassy swales are primarily stormwater conveyance systems. They can provide
sufficient control under light to moderate runoff conditions, but their ability to control
large storms is limited. Therefore, they are most applicable in low to moderate sloped
areas or along highway medians as an alternative to ditches and curb and gutter
drainage. Their performance diminishes sharply in highly urbanized settings, and they
are generally not effective enough to receive construction stage runoff where high
sediment loads can overwhelm the system. Grassy swales can be used as a
pretreatment measure for other downstream BMPs, such as extended detention basins.
Enhanced grassy swales utilize check dams and wide depressions to increase runoff
storage and promote greater settling of pollutants.
Grassy swales can be more aesthetically pleasing than concrete or rock -lined drainage
systems and are generally less expensive to construct and maintain. Swales can slightly
reduce impervious area and reduce the pollutant accumulation and delivery associated
with curbs and gutters. The disadvantages of this technique include the possibility of
erosion and channelization over time, and the need for more right-of-way as compared
to a storm drain system. When properly constructed, inspected, and maintained, the
life
expectancy of a swale is estimated to be 20 years.
Revised March 3, 2017 Page 27 of 34
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Attachment 4
Description of BMPs
Design Considerations:
• Comparable performance to wet basins
• Limited to treating a few acres
• Availability of water during dry periods to maintain vegetation
• Sufficient available land area
The suitability of a swale at a site will depend on land use, size of the area serviced,
soil type, slope, imperviousness of the contributing watershed, and dimensions and
slope of the swale system. In general, swales can be used to serve areas of less than 10
acres, with slopes no greater than 5 %. The seasonal high water table should be at least
4 feet below the surface. Use of natural topographic lows is encouraged, and natural
drainage courses should be regarded as significant local resources to be kept in use.
Maintenance Requirements:
Research in the Austin area indicates that vegetated controls are effective at removing
pollutants even when dormant. Therefore, irrigation is not required to maintain growth
during dry periods, but may be necessary only to prevent the vegetation from dying.
Vegetation Lined Drainage Ditches
Vegetation lined drainage ditches are similar to grassy swales. These drainage ditches
are vegetated channels that convey storm water and remove pollutants by filtration
through grass and infiltration through soil. They require soils that drain well.
Pollutant removal capability is related to channel dimensions, longitudinal slope, and
type of vegetation. optimum design of these components will increase contact time of
runoff through the ditch and improve pollutant removal rates. Vegetation lined
drainage ditches are primarily storm water conveyance systems. They have vegetation
lined in the low flow channel and may include vegetated shelves.
Vegetation in drainage ditches reduces erosion and removes pollutants by lowering
water velocity over the soil surface, binding soil particles with roots, and by filtration
through grass and infiltration through soil. Vegetation lined drainage ditches can be
used where:
R A vegetative lining can provide sufficient stability for the channel grade by
increasing maximum permissible velocity
Slopes are generally less than 5%, with protection from sheer stress as needed
through the use of BMPs, such as erosion control blankets
Revised March 3, 2017 Page 28 Of 34
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Attachment 4
Description of BMPs
Site conditions required to establish vegetation, i.e. climate, soils, topography, are
present
Design Criteria: The suitability of a vegetation lined drainage ditch at a site will
depend on land use, size of the area serviced, soil type, slope, imperviousness of the
contributing watershed, and dimensions and slope of the ditch system. The hydraulic
capacity of the drainage ditch and other elements such as erosion, siltation, and
pollutant removal capability, must be taken into consideration. Use of natural
topographic lows is encouraged, and natural drainage courses should be regarded as
significant local resources to be kept in use. Other items to consider include the
following:
. Capacity, cross-section shape, side slopes, and grade
Select appropriate native vegetation
Construct in stable, low areas to conform with the natural drainage system. To
reduce erosion potential, design the channel to avoid sharp bends and steep grades.
Design and build drainage ditches with appropriate scour and erosion protection.
Surface water should be able to enter over the vegetated banks without erosion
occurring.
BMPs, such as erosion control blankets, may need to be installed at the time of
seeding to provide stability until the vegetation is fully established. It may also be
necessary to divert water from the channel until vegetation is established or to line
the channel with sod.
Vegetated ditches must not be subject to sedimentation from disturbed areas.
Sediment traps may be needed at channel inlets to prevent entry of muddy runoff
and channel sedimentation.
Availability of water during dry periods to maintain vegetation
Sufficient available land area
Maintenance:
During establishment, vegetation lined drainage ditches should be inspected, repaired,
and vegetation reestablished if necessary. After the vegetation has become
established, the ditch should be checked periodically to determine if the channel is
withstanding flow velocities without damage. Check the ditch for debris, scour, or
Revised March 3. 2017 Page 29 of 34
lht�io�
Attachment 4
Description of BMPs
erosion and immediately make repairs if needed. Check the channel outlet and all
road crossings for bank stability and evidence of piping or scour holes and make
repairs immediately. Remove all significant sediment accumulations to maintain the
designed carrying capacity. Keep the vegetation in a healthy condition at all times,
since it is the primary erosion protection for the channel. Vegetation lined drainage
ditches should be seasonally maintained by mowing or irrigating, depending on the
vegetation selected. The long-term management of ditches as stable, vegetated,
"natural" drainage systems with native vegetation buffers is highly recommended due
to the inherent stability offered by grasses, shrubs, trees, and other vegetation.
Research in the Austin area indicates that vegetated controls are effective at removing
pollutants even when dormant. Therefore, irrigation is not required to maintain growth
during dry periods, but may be necessary only to prevent the vegetation from dying.
Sand Filter Systems
The objective of sand filters is to remove sediment and the pollutants from the first
flush of pavement and impervious area runoff. The filtration of nutrients, organics,
and coliform bacteria is enhanced by a mat of bacterial slime that develops during
normal operations. One of the main advantages of sand filters is their adaptability;
they can be used on areas with thin soils, high evaporation rates, low -soil infiltration
rates, in limited -space areas, and where groundwater is to be protected.
Since their original inception in Austin, Texas, hundreds of intermittent sand filters
have been implemented to treat stormwater runoff. There have been numerous
alterations or variations in the original design as engineers in other jurisdictions have
improved and adapted the technology to meet their specific requirements. Major types
include the Austin Sand Filter, the District of Columbia Underground Sand Filter, the
Alexandria Dry Vault Sand Filter, the Delaware Sand Filter, and peat -sand filters which
are adapted to provide a sorption layer and vegetative cover to various sand filter
designs .
Design Considerations:
• Appropriate for space -limited areas
• Applicable in and climates where wet basins and constructed wetlands are not
appropriate
R High TSS removal efficiency
Cost Considerations:
Filtration Systems may require less land than some other BMPs, reducing the land
Revised March 3, 2017 Page 30 of 34
pC hihil,�j�2
�y�lEiYSA4 �
Attachment 4
Description of BMPs
acquisition cost; however the structure itself is one of the more expensive BMPs. In
addition, maintenance cost can be substantial.
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on
critical sites during the establishment period of protective vegetation. The most
common uses are on steep slopes, swales, diversion dikes, and on tidal or stream
banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance
standards which must be met for any products seeking to be approved for use within
any of TxDOT-s construction or maintenance activities. Material used within any
TxDOT construction or maintenance activities must meet material specifications in
accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.txdot.gov/business/contractors_consultants/recycling/compost.htm that
provides information on compost specification data.
ECC used for projects not related to TxDOT should also be of quality materials by
meeting performance standards and compost specification data. To ensure the quality
of compost used as an ECC, products should meet all applicable state and federal
regulations, including but not limited to the United States Environmental Protection
Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for
Class A biosolids and Texas Natural Resource Conservation Commission (now named
TCEQ) Health and Safety Regulations as defined in the Texas Administration Code
(TAC), Chapter 332, and all other relevant requirements for compost products outlined
in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, including Sections .332.71 Sampling and Analysis Requirements for Final
Products and .332.72 Final Product Grades. Compost specification data approved by
TxDOT are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures
product safety, and product performance regarding the products specific use. The
appropriate compost sampling and testing protocols included in the United States
Composting Council (USCG) Test Methods for the Examination of Composting and
Compost (TMECC) should be conducted on compost products used for ECC to ensure
that the products used will not impact public health, safety, and the environment and
to promote production and marketing of quality composts that meet analytical
standards. TMECC is a laboratory manual that provides protocols for the composting
industry and test methods for compost analysis. TMECC provides protocols to sample,
Revised March 3, 2017 Page 31 of 34
C
� E
'y�lEN[p�
Attachment 4
Description of BMPs
monitor, and analyze materials during all stages of the composting process. Numerous
parameters that might be of concern in compost can be tested by following protocols
or test methods listed in TMECC. TMECC information can be found at
http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA)
program contains information regarding compost STA certification. STA program
information can be found at http://tmece.org/sta/STA-program_description.htmL
Installation:
Install in accordance with current TxDOT specification.
Use on slopes 3:1 or flatter.
Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
When rolling is specified, use a light corrugated drum roller.
Mulch and Compost Filter Socks
Description: Mulch and compost filter socks (erosion control logs) are used to
intercept and detain sediment laden run-off from unprotected areas. When properly
used, mulch and compost filter socks can be highly effective at controlling sediment
from disturbed areas. They cause runoff to pond which allows heavier solids to settle.
Mulch and compost filter socks are used during the period of construction near the
perimeter of a disturbed area to intercept sediment while allowing water to percolate
through. The sock should remain in place until the area is permanently stabilized.
Mulch and compost filter socks may be installed in construction areas and temporarily
moved during the day to allow construction activity provided it is replaced and
properly anchored at the end of the day. Mulch and compost filter socks may be
seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch and compost filter socks are continuously being developed. The
Texas Department of Transportation (TxDOT) has established minimum performance
standards which must be met for any products seeking to be approved for use within
any of TxDOT,s construction or maintenance activities. Mulch and compost filter
socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 5049. TxDOT
maintains a website at
http://www.txdot.gov/business/contractors_consultants/recycling/compost.htm that
provides information on compost specification data.
Revised March 3, 2017 Page 32 of 34
cnIN1 Rio
;��MEPRA4 J�
Attachment 4
Description of BMPs
Mulch and compost filter socks used for projects not related to TOOT should also be
of quality materials by meeting performance standards and compost specification
data. To ensure the quality of compost used for mulch and compost filter socks,
products should meet all applicable state and federal regulations, including but not
limited to the United States Environmental Protection Agency (USEPA) Code of Federal
Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural
Resource Conservation Commission Health and Safety Regulations as defined in the
Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for
compost products outlined in TAC, Chapter 332. Testing requirements required by the
TCEQ are defined in TAC Chapter 332, including Sections e332.71 Sampling and
Analysis Requirements for Final Products and e332.72 Final Product Grades. Compost
specification data approved by TxDOT are appropriate to use for ensuring the use of
quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures
product safety, and product performance regarding the product's specific use. The
appropriate compost sampling and testing protocols included in the United States
Composting Council (USCC) Test Methods for the Examination of Composting and
Compost (TMECC) should be conducted on compost products used for mulch and
compost filter socks to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality
composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC
provides protocols to sample, monitor, and analyze materials during all stages of the
composting process. Numerous parameters that might be of concern in compost can
be tested by following protocols or test methods listed in TMECC. TMECC information
can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing
Assurance (STA) program contains information regarding compost STA certification.
STA program information can be found at
http://tmece.org/sta/STA-program_description.htnil.
Installation:
Install in accordance with TxDOT Special Specification 5049.
Install socks (erosion control logs) near the downstream perimeter of a disturbed
area to intercept sediment from sheet now.
Secure socks in a method adequate to prevent displacement as a result of normal
rain events such that flow is not allowed under the socks.
. Inspect and maintain the socks in good condition (including staking, anchoring,
etc.). Maintain the integrity of the control, including keeping the socks free of
accumulated silt, debris, etc., until the disturbed area has been adequately
Revised March 3, 2017 Page 33 Of 34
caMnttfO
Attachment 4
Description of BMPs
stabilized. '
Sedimentation Chambers(only to be used when there is nos ace available for other
approved BMP's)
Description: Sedimentation chambers are stormwater treatment structures that can be
used when space is limited such as urban settings. These structures are often tied into
stormwater drainage systems for treatment of stormwater prior to entering state
waters. The water quality benefits are the removal of sediment and buoyant materials.
These structures are not designed as a catch basin or detention basin and not typically
used for floodwater attenuation.
Design Considerations: Average rainfall and surface area should be considered when
following manufacturer's recommendations for chamber sizing and/or number of
units needed to achieve effective TSS removal. If properly sized, SO-BO% removal of
TSS can be expected.
Maintenance Requirements: Maintenance requirements include routine inspections,
sediment, debris and litter removal, erosion control and nuisance control.
Revised March 3, 2017 Page 34 of 34
GC-6.24 Nondiscrimination
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
GR-01 60 00 Product Requirements
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH Candleridge Park Erosion Control Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. CO2717
Revised July 1, 2011
PYRAMAT'
PYRAMAT® PERPENDICULAR
CHANNEL INSTALLATION
AND MAINTENANCE GUIDELINES
Thank you for purchasing our PYRAMAT° High Performance Turf Reinforcement Mat (HPTRM) or Turf Reinforcement Mat (TRM)
by Propex Operating Company, LLC (Propex). This document provides installation and maintenance guidelines for PYRAMAT
used as channel armoring to increase channel resiliency towards forces created by high velocities and shear stresses. PYRAMAT
provides permanent erosion protection on the side slopes and/ or bed of a channel.
Temporary securing pins (pins) are used during installation to hold PYRAMAT in place. Pins also promote vegetation
establishment keeping PYRAMAT in intimate contact with the soil.
PYRAMAT is an Engineered Earth Armoring Solution TM with a unique design for each specific project. While Propex has made
every effort to ensure general validity, this information should not be used for a specific application without independent
professional examination and verification of its suitability, applicability, and accuracy. The documentation provided herein is for
general information only, and is intended to present installation guidance only. Project specific contract documents take
precedence when pin placements are different than what is represented in this document. Depending upon the critical nature of
the structure to be armored, work restrictions may be in place such as limiting installation based on growing seasons, weather
patterns, etc. Work should be performed under the provisions set forth for the specific project. Propex Engineering Services is
available for support during installation to consult for solving constructability issues encountered in specific applications. Please
feel free to call our techincal support hotline at (800) 621-1273.
BEFORE INSTALLATION BEGINS
• Coordinate with a Propex Representative: A pre -construction meeting with the construction team and a representative from
Propex is recommended prior to installation. This meeting should be scheduled by the contractor with at least a two week
notice prior to construction.
Gather the Tools Needed: Tools that you will need to install PYRAMAT include a pair of industrial shears to cut PYRAMAT,
tape measure, and mallet or hammer.
• Determine Vegetation Establishment Strategy. The method of vegetation establishment should be determined prior to the
start of installation. Different vegetation establishment methods require different orders of installation. Refer to
VEGETATION ESTABLISHMENT for further guidance.
INSTALLATION OF PYRAMAT FOR CHANNELS
SITE PREPARATION
It is recommended during all stages of site preparation that disturbed soils remain unprotected for not more than a single day.
Depending on project size this may require progressive site preparation during installation.
1. Grade and compact the area in the channel where PYRAMAT will be installed. The channel surface should be uniform and
smooth, having all rocks, clods, vegetation or other objects removed so that during PYRAMAT LAYDOWN, PYRAMAT comes
in direct, intimate contact with the channel surface.
Prepare the area to be armored with PYRAMAT by loosening the topsoil to promote better vegetation establishment. This
may be accomplished with a rotary tiller on slopes 3:1 or flatter. For slopes greater than 3:1, prepare topsoil in a safe
manner.
3. Excavate an Initial Channel (IC) trench a minimum of 12 in x 12 in (300 mm x 300 mm) across the channel at the
downstream end of the project (Figure 1). Deeper IC trench and/or hard armoring may be required for channels that have
the potential for scour.
-- P Y R A M AT
FLOW OF WATER OR
DIRECTION OF PREVAILING WIND
PYRAMAT41) 75. -\
SEE NOTE, \ COMPACTED
BACKFILL
(300 mm) III -III
-III-I
t =III II'
r
I (300 mm)-
PINS ON IT --------
(300 mm) CENTERS,
SEE DETAIL 5
DETAIL 9: INITIAL CHANNEL (IC)
TRENCH(DOWNSTRLAM)
Page 2 of 14
Figure 1: Initial Channel (IC) Trench
4. Excavate a Crest of Slope (COS) trench a minimum of 12 in x 12 in (300 mm x 300 mm) along both sides of the installation.
Each COS trench must be a minimum of 3 ft (900mm) over the crest of the bank, preferably on a relatively flat surface
(Figure 2).
COMPACTED
BACKFILL
PYRAMATO, \
SEE NOTE 1
3 I-1 111-111
{0.9 m} MIN (300 MM) -
i 11-1 -III-I 1 1
I-III-111- I I-111E1(30Dmm) _ -I
PINS ON 12"
(300 mm) CENTERS,
DETAIL 1: CREST OF SEE DETAIL 5
SLOPE(COS)TRENCH
Figure 2: Crest of Slope (COS) Trench
5. Excavate a Terminal Channel (TC) trench a minimum of 12 in x 12 in (300 mm x 300 mm) across the channel at the
upstream end of the project (Figure 3). Deeper TC trench and/or hard armoring may be required for channels that have the
potential for scour.
6. If seeding, refer to VEGETATION E
S
for additional considerations during site preparation.
FLOW OF WATER OR
DIRECTION OF PREVAILING WIND
PYRAMATO,
COMPACTED SEE NOTE 1
BACKFILL
i
1 III-1 1 0
� I-III-11 I�hr
� III III -III -I I'
(300 mm)I
1-
111-I
i- PINS ON 12"
(300 mm) CENTERS,
SEE DETAIL 5
DETAIL 10:
TERMINAL CHANNEL (TQ
TRENCH(UPSTREAM)
Figure 3: Terminal Channel (TC) Trench
G PYRAMAT®
PYRAMAT LAYDOWN
Page 3 of 14
1. Starting with the downstream end of the site select one of the COS trenches to begin the PYRAMAT LAYDOWN process. To
ensure proper anchoring of the overlapped areas the proceeding roll width must be laid out before the current roll width can
be anchored with exception to the final roll width at the TIC trench. For straight sections of a channel, PYRAMAT panel
lengths should be long enough to construct both COS trenches while also covering the surface of the channel being
armored. (Figure 16) Panel edges should rest perpendicular to the channel center line. For best results, panels of PYRAMAT
should be continuous and free from seams or roll end overlaps that are parallel to the centerline of the channel. Panel edge
overlapping should follow a pattern of placing each proceeding panel's edge overtop the previous panel edge, shingling the
panels in the direction of the water flow.
2. Lay the PYRAMAT panel on the downstream side of the IC trench (Figure 4). Place the panel edge in the IC
trench, ensuring full coverage along the bottom of the entire IC trench with the PYRAMAT (Figure 5).
FLOW OF WATER OR
DIRECTION OF PREVAILING WIND
/ IC TRENCH
PYRAMAT® PANEL
III IIILilII III III III III �I,,IIIIIIII11111=IIIIIIIIIIIIIIIIIIIIII;,III=III- I
II�1117I
Figure 4: Initial Channel (IC) Trench Alignment
FLOW OF WATER OR
DIRECTION OF PREVAILING WIND
IC TRENCH
PYRAMATS PANEL
III III IIIHit 111 III III ,III
-III-III-'
1=I I I=I 11=
Figure 5: Initial Channel (IC) Trench Placement
3. Secure PYRAMAT with pins in the IC trench (Figure 5). Pins should be made of steel with a 0.20 in (5 mm)
minimum diameter, having a 1.5 in (38mm) diameter washer at the head, and a length between 12 and
24 in (300-600 mm) with sufficient ground penetration to resist pullout (Figure 6). Longer pins may be
required for looser soils. Heaver metal stakes may be required in rocky soils. Suggested placement of pins
for the IC trench is along the bottom of the trench with pins on 12 in (300 mm).
0 PYRAMAT®
,- 1.5' (38 mm) DIAMETER
STEEL WASHLR
0.20' (5 mm)
DIAMETER STEEL
12-24'
SEE NOTE 2 FOR
L
PIN DESCRIPTION
DETAIL 5: PIN
Figure 6: Securing Pin
4. Backfill and compact the IC trench (Figure 5).
Page 4 of 14
5. Fold the PYRAMAT panel over the top of the compacted IC trench (Figure 7) and place each panel end into
the respective COS trenches.
Figure 7: Initial Channel (IC) Trench Complete
6. Place the next PYRAMAT panel by laying the PYRAMAT roll so that the roll end points towards the COS
trench (Figure 8), with a 3 inch (75 mm) overlap created at adjacent panel edge locations. Ensure that
adjacent panel edges maintain a minimum 3 inch (75 mm) overlap during PYRAMAT LAYDOWN (Figure
12).
7. Secure PYRAMAT with pins in the COS trench (Figure 9). Suggested placement of pins for the COS trench
is along the bottom of the trench on 12 in (300 mm) centers. Pins should also be installed on panel edge
overlaps in the COS trench.
Figure 8: Top of Bank (COS) Trench Alignment
4) PYRAMAT'
Figure 9: Top of Bank (COS) Trench Placement
Figure 10: Perpendicular Placement of PYRAMAT across Channel
8. Backfill and compact the COS trench in the location of the first PYRAMAT panel only (Figure 9).
Page 5 of 14
9. Unroll the PYRAMAT roll on the channel surface in the area to be armored. (Figure 10) Ensure that
PYRAMAT has intimate contact with the ground and all irregular surfaces beneath PYRAMAT are removed.
10. Secure PYRAMAT panels in place using pins across the channel surface according to the project's
engineered design. Pin placement should reflect a checkerboard pattern across the channel surface for
best results (Figure 11 and Figure 12).
• Roll edges shall be overlapped a minimum of 3 in (75 mm) with pins placed on 12 in (300 mm)
centers (Figure 12).
• Roll ends shall be overlapped a minimum of 6 in (150 mm) with upstream panel on top. Secure roll
end overlaps with two rows of pins staggered 6 in (150 mm) apart on 12 in (300 mm) (Figure 13)
• For channel bank heights or channel bottom widths greater than 45 ft (13.7 m), install simulated
check slots. This method includes placing two rows of pins 12 in (300 mm) apart on 12 in (300 mm)
centers at 45 ft (13.7 m) maximum intervals or across the midpoint of the slope for slope lengths less
than 60 ft (18.2 m) (Figure 14).
• At the break in slope interface towards the channel bed, it is suggested that Pins be installed on 12 in
(300 mm) centers (Figure 15).
PYRAMAT
Page 6 of 14
�PYRAMAT®,
SEE NOTE 1
-7
I 1
I I
r
VERTICAL PIN SPACING PER
PIN SCHEDULE
1
I I
PIN, SEE
DETAIL 5
HORIZONTAL PIN SPACING
PER PIN SCHEDULE
DETAIL 3: PIN PATTERN
Figure 11: Example Pin Pattern
FLOW OF WATER OR
DIRECTION OF PREVAILING WIND
PINS ON 12" (300 mm)
CENTERS ON ROLL EDGE
_ 3.OVERLAP MIN SPIN
E DE AIL 3 OVERLAPS
(75 mm}
PYRAMATO.
SEE NOTE 1
OFFSET PINS AS SHOWN TO CREATE A
CHECKERBOARD PATTERN
• PIN,SEFDETAIL5
DETAIL 4: PIN PATTERN
I
I
I
r
Figure 12: Example Edge Overlap Pattern
PYRAMAT'
TOP OF SLOPE I UP STREAM
PYRAMI
SEE NOTE 1
FLOW OF WATER OR
DIRECTION
OF
PREVAILING WIND 1 MAX
(300 mm)
6" MIN
(150 mm)
ROLL EDGE J L OVERLAPPING END
BOTTOM OF SLOPE! DOWN STREAM
NOTE: PYRAMAT SHOULD BE SHINGLED IN THE
DIRECTION OF THE DOWN SLOPE AND FLOW PIN, SEE DETAIL 5
DETAIL 6: OVERLAP AT ROLL END DETAIL
Figure 13: Roll End Overlap
PYRAMAT®,
SEE NOTE 1
��IIIf IIII iIIII 45' MAX OR NEAR MIDPOINT OF SLOPE
1 MAX r"
(300 mm)
V MAX
• PIN, SEE DETAIL 5 (300 mm)
DETAIL 7: SIMULATED CHECK SLOT DETAIL
Figure 14: Simulated Check Slot
PYRAMAT®,
SEENOTEI
PINS ON 12"
(300 mm) CENTERS
SEE DETAIL 5
DETAIL 2: BREAK IN SLOPE
INTERFACE
Figure 15: Break in Slope Interface
Page 7 of 14
PYRAMAT
Page 8 of 14
11. Secure PYRAMAT with pins in the opposite COS trench. Suggested placement of pins for the opposite COS
trench is along the bottom of the trench on 12 in (300 mm) centers (Figure 16).
12. Backfill and compact the opposite COS trench in the location of the first PYRAMAT panel only (Figure 16).
Figure 16: Top of Bank (COS) Trenches Complete
13. Continue to work down the length of the channel by repeating steps 6 through 9 overlapping each
adjacent PYRAMAT panel by 3 inches (75 mm) (Figure 12).The last PYRAMAT panel should terminate on
the Terminal Channel (TC) trench with pins on 12 in (300 mm) centers
14. Lay the last PYRAMAT panel on the upstream side of the TC trench (Figure 17). Place the panel edge in the
TC trench, ensuring full coverage along the bottom of the entire TC trench with the PYRAMAT (Figure 18).
15. Secure PYRAMAT with pins in the TC trench. Suggested placement of pins for the TC trench is along the
bottom of the trench with pins on 12 in (300 mm) centers (Figure 18).
FLOW OF WATER OR
D IRLCTION OF PREVAILING WIND
TC TRENCH
PYRAMAT® PANEL
' -III-III-III-III-III III-III-III-1 I �-
-I i �-III-III-III-III-III-III-I 11-
-"'-lll��il l 11 l llll��ll ll��,l l l-
Figure 17: Terminal Channel (TC) Trench Alignment
FLOW OF WATLR OR
DIRECTION OF PREVAILING WIND
TC TRENCH
PYRAMAT®PANEL
�-" � III. III III III III III, III I �,� i
III; IIII- _PIN -I I
,IIII Illllii�lll- Imo,
Figure 18: Terminal Channel (TC) Trench Placement
16. Backfill and compact the TC trench (Figure 18).
17. Fold the PYRAMAT panel over the top of the compacted TC trench (Figure 19) ensuring a minimum 3 inch
(75 mm) overlap and place each panel end into the respective COS trenches.
PYRAMAT 6
FLOW OF WATER OR
~ DIRECTION OF PREVAILING WIND
TC TRENCH - PYRAMATO PANEL
ROLL EDGE
OVERLAP
_III =III-1 11=III=1 I III-III=1 I I� I�
"IIII�IIIIIIII III .I�;�II,
I I
Figure 19: Terminal Channel (TC) Trench Complete
Page 9 of 14
18. At a minimum, PYRAMAT panels should be pinned entirely across the channel surface, pins should be
installed in the trenches, and the trenches should be backfilled and compacted at the end of each day to
minimize rework in the case of a major rain event. Specific project conditions may warrant further
evaluation of installation order for ease. An example elevation view (Figure 20) of a channel armored with
PYRAMAT can be seen below for overall reference. Consult Propex Engineering Services at 800.621.1273
with any questions that you may have.
SEE DETAIL 7,
TYPICAL
PYRAMAT00,
SEENOTEI
SEE DETAIL 10. !—
SEE DETAIL 6. TYPICAL -I� -
/ TYPICAL —
_ III
see DETAIL2,
TYPICAL
/-III r I III II -III
E77 s II
NOTE: ALL PINS ARE NOT SHOYPN
FOR THE PURPOSE OF CLARITY
ELEVATION 7; PERPENDICULAR INSTALLATION
OF PYRAMAT® HPTRM IN A CHANNEL
Figure 20: Completed Channel Elevation View
VEGETATION ESTABLISHMENT
Vegetation can be established with PYRAMAT by broadcast seeding, hydraulic seed application (hydroseeding),
or sodding. Seed application rate, seed type, sod type, and irrigation rate should be selected based on local or
site specific knowledge and time of year. For best results, consider having a site specific soil test performed to
help determine what soil amendments, such as lime and fertilizer, need to be incorporated into the soil to
promote healthy vegetation.
Irrigate as necessary to establish and maintain vegetation until 75% of vegetation has established and has
reached a height of 2 inches. Frequent, light irrigation will need to be applied to seeded areas if natural rain
events have not occurred within two weeks of seeding. When watering seeded areas, use a fine spray to
prevent erosion of seeds or soil. Do not over irrigate. Proper irrigation guidance is provided under the
Maintenance portion of this document.
PYRAMAT
PROJECT SPECIFIC CONSIDERATIONS
Page 10 of 14
1. For applications that require special transitions (i.e. connections to riprap, concrete, T-walls, etc.), refer to
the project specific drawings or consult with Propex Engineering Services at (800) 621-1273.
2. A deeper trench and/or hard armoring may be required when channels have severe scour potential at IC
and TC trenches.
3. For installing PYRAMAT panels around curved sections of a channel, trim panels at an angle so that no
more than two layers of PYRAMAT overlap at any point in time. Additional pins may be needed to secure
panel edges towards the break in slope interface depending upon the radius of the curved channel. Install
pins as necessary to securely fasten PYRAMAT to the ground.
4. Allowable Vehicle Traffic:
A. If using equipment on PYRAMAT, it should be of the rubber -tired type and should avoid sharp turns.
Tracked equipment is not permitted to drive over the PYRAMAT without vegetation at any time.
B. Avoid any traffic over PYRAMAT if loose or wet soil conditions exist.
5. Disturbed areas should be reseeded. If ruts or depressions develop for any reason, rework soil until
smooth and reseed or sod such areas.
SHORT-TERM AND LONG-TERM MAINTENANCE
The purpose of this section is to provide some general guidelines for performing short-term and long-term
maintenance of PYRAMAT with respect to maintaining vegetation reinforced with PYRAMAT, and patching of
PYRAMAT (in the event it needs to be removed or replaced). These procedures are to be considered minimum
guidelines for proper maintenance, and further maintenance techniques may be appropriate considering local
practices and procedures.
PYRAMAT PROTECTED CHANNEL
For PYRAMAT to be most effective, it is important to ensure that it is properly maintained both during
construction and after construction. Identifying trouble areas is easy with PYRAMAT, and it can make
identifying potential threats much simpler and manageable. Look for areas with sparse, dying, or no vegetation
as these are obvious signs that PYRAMAT is losing intimate contact with the channel surface. If loss of ground
surface occurs, PYRAMAT will need to be removed and reinstalled as described in PATCHING AND REPAIRS
Section after the eroded area is backfilled with compacted soil that is similar to material of the slope. After
PYRAMAT is reinstalled, re-establish vegetation on the newly installed PYRAMAT and disturbed areas. Monitor
the sites to determine if frequent watering may be required to establish vegetation.
To minimize exposure to unwanted maintenance and repair, PYRAMAT armored channels should be free of
unauthorized vehicular traffic. Routine maintenance and slope inspections should be performed with rubber
tired vehicles. Tracked equipment such as skid steers, excavators, or dozers should only be allowed to traffic
over PYRAMAT in times of emergency after vegetation establishment is complete. Failure to control
unauthorized traffic can result in PYRAMAT being damaged resulting in erosion below PYRAMAT during storm
events. In addition, routine mowing maintenance should be used to keep the protected area free of unwanted
brush, saplings, and trees. Selective herbicides that target only the unwanted plants can be used as long as
the vegetation established with PYRAMAT is not impaired. Failure to control the sapling and tree growth can
result in the trees being uprooted during a flood.
'10A' PYRAMAT
MAINTAINING VEGETATION
Page 11 of 14
Good vegetative cover will ensure maximum performance of PYRAMAT. Vegetative cover care starts before a
project is complete and is ongoing until all PYRAMAT is installed. Vegetative cover should be given every
opportunity to grow and establish well. This will require that a contractor periodically fertilize, water, and mow
the grasses as needed until a project is complete in the short-term, with the owner of the channel fulfilling the
maintenance of the channel in a similar fashion for the long-term. For the entire lifecycle of PYRAMAT, every
effort must be made to prevent unauthorized encroachments, grazing, vehicle traffic, the misuse of chemicals,
or burning during inappropriate seasons.
1. After the installation of vegetation is complete, immediately water and soak the entire area using a fine
spray to prevent erosion and loss of seeds. A suggested amount of water is identified below. Prior to
installation if using sod, the sod pads in storage should be kept moist at all times and not stored for more
than 24 hours from site arrival to installation. Warmer weather will necessitate more frequent applications
than listed below.
A. For each reach/segment of installed vegetation, watering shall be conducted immediately after each
installation or the day's work.
B. For initial vegetation establishment, water vegetation in a manner consistent with best practices for
vegetation type and location.
C. Establish a watering schedule and follow until vegetation is well established and will thrive in the
absence of manual watering.
D. Avoid excessive application of water, so that surface runoff does not occur. Runoff should be
prohibited. However, additional watering may be required for repaired or damaged areas.
2. Fertilizer should be applied as needed to address any nutrient deficiencies revealed in soil testing.
3. Implement best practices for mowing over PYRAMAT. While PYRAMAT is designed to withstand non -
hydraulic stresses such as mowing, there are procedures to minimize exposure to unwanted damage.
A. Immediately after installation, signage and post shall be installed stating that "Vehicles and
Pedestrians are Prohibited from Access" on the slopes and the newly installed vegetation. Signage
shall be posted every 1,500 lineal feet.
B. Vegetated areas should be mowed to a height no less than 6 inches and no greater than 12 inches
from natural ground after a period of 60 days of growth. The excessive grass clippings created from
mowing shall be evenly spread on the slope section outside of the armored area. Periodic and final
grass mowing should be performed until final inspection and acceptance of slope work. Monitor the
vegetated areas throughout winter months and generate reports as needed, noting any issues that
should be addressed. Minimum mowing heights will depend on the vegetation density and should be
as follows:
i. 6" with 0 - 30% vegetation establishment
ii. 4" with 30 - 70% vegetation establishment
iii. 3" with 70 - 100% vegetation establishment
C. To prevent damage to the newly established vegetation, the mowing tractor should be fitted with 3-rib
agriculture tires. Note that tractors with 8-foot flail mowers provide best results. Tractors with 15-foot
brush hogs should avoid sharp turns up the slope to prevent damage to vegetation.
PYRAMAT
Page 12 of 14
D. Mowing should not take place for a minimum of 48 hours after a rainfall event of 2 inches or more to
minimize the potential for rutting and/or damage to the slope surface. Maintenance mowing of the
slope should be done on a consistent basis to prevent vegetation growing to more than 3 feet in
height. This will minimize thatch thickness and potential damage to PYRAMAT. If turn -around pads are
present, operate mowing equipment utilizing the turn -around pads to the fullest extent. The mowing
blade height over PYRAMAT should be a minimum of 8 inches. However, should vegetation grow to
more than 3 feet in height, the mowing blade height for the condition should be a minimum of 12
inches.
4. Some special circumstances may exist. When mowing the crown of a slope with a crown or crest equal to
or exceeding 20%, it should be mowed with an articulating arm mower to minimize the potential for the
mower blades to the catch PYRAMAT at the channel surface. The articulating arm mower should be level
on the surface with the articulating arm extending over the crown. Pay close attention to areas where the
slope changes. The mower blades should be set at a minimum height of 8 inches. If the PYRAMAT is
damaged by the mowing blades at any time, mowing should stop immediately and further direction should
be obtained to continue activity. Repair the damaged area as described in the PATCHING AND REPAIRS
section below.
5. PYRAMAT protected channels are not as susceptible to animal burrowing due the tenacity of the PYRAMAT;
however, inspections to detect the presence of burrowing animal activity are generally most effective
immediately after the slope has been mowed. Animal burrows that are identified should be thoroughly
excavated and inspected, backfilled with compacted soil that is similar to material of the slope, and
vegetation re-established. This will avoid the possibility of water piping through unfilled portions of the
burrows. Should PYRAMAT be damaged, it is to be repaired as described PATCHING AND REPAIRS section
below.
PATCHING AND REPAIRS
PYRAMAT may require localized repair at times. For emergency repairs, an adequate supply of PYRAMAT
should be maintained in inventory with the necessary tools to install. This will allow for a timely, initial repair of
the system.
1. In order to identify areas in need of repair, the site should be patrolled immediately after mowing and after
rain events of 2 inches or more. When patrolling look for areas of sparse vegetation, exposed edges of
PYRAMAT, and areas where direct contact between PYRAMAT and the channel surface is compromised.
PYRAMAT should be rated as Acceptable, Minimally Acceptable, or Unacceptable during inspection.
A. Acceptable (A) - The rated area is in satisfactory, acceptable condition, and will function as designed
and intended during the rain event. PYRAMAT has no exposed edges, is installed tightly by maintaining
direct contact to the channel surface with no rilling beneath, and has over 90% vegetation cover.
There is no noticeable damage present.
B. Minimally Acceptable (M) - The rated area has a minor deficiency that needs to be corrected. The
minor deficiency will not seriously impair the functioning of the area during the next rain event;
however, the overall reliability of the project will be lowered because of the minor deficiency. PYRAMAT
has 75% vegetation cover with un-vegetated patches as large as one square yard. Edges of PYRAMAT
are exposed with noticeable damage. Minimal erosion has occurred underneath PYRAMAT.
C. Unacceptable (U) - The rated area is unsatisfactory. The deficiency is so serious that the area will not
adequately function in the next rain event. PYRAMAT has been physically torn, ripped, or lifted from
the channel surface. Less than 75% vegetation cover is present with un-vegetated patches being
greater than 1 square yard, and there is evidence that erosion is occurring beneath PYRAMAT.
PYRAMAT
Page 13 of 14
2. Repair any raised or exposed edges of PYRAMAT by driving existing and additional pins along the edges as
necessary to securely fasten to the ground. Inspect areas where the vegetation is not growing on top of
PYRAMAT. Many times this is an indicator that PYRAMAT has lost contact with the ground beneath. Check
for voids beneath PYRAMAT and fill any holes, gullies, etc. with compacted fill material if possible. Replace
PYRAMAT as described below.
3. To repair PYRAMAT, cut out and remove damaged areas in a square configuration a minimum size of 2 ft
by 2 ft. Remove all vegetation and debris atop of PYRAMAT. Loosen the top 1 to 2 in of soil in the patch
area then seed. The subgrade of area to be patched shall be prepared to be smooth and uniform and
transition smoothly into the in -situ area. Cut a square PYRAMAT patch a minimum of 12 in greater than the
damaged area for all four sides of the patch. Overlap the patch area in all directions a minimum of 12 in.
The patch overlaps shall be tucked under the existing damaged PYRAMAT material (Figure 21 and Figure
22).
Figure 21: PYRAMAT Patch Cross Section
Figure 22: PYRAMAT Patch Plan View
4. Install pins on 6 in (150 mm) (max) centers. For larger areas of damage, anchors should be installed to
match existing anchor pattern. Once PYRAMAT is in place, vegetate per project specifications.
'�A' PYRAMAT
SUMMARY
Page 14 of 14
Maintenance should consist of watering and weeding, repair of all erosion, and any re -seeding as necessary to
establish a uniform stand of vegetation during construction and beyond. A minimum of 70% of the armored
area should be covered with no bare or dead spots greater than 10 ft2 (1 m2). Establishing vegetation should
not be mowed prior to 70% vegetative density and a minimum grass growth of 4 in (100 mm). Throughout the
duration of the project, the contractor should be responsible for mowing to facilitate growth and should not let
the vegetation in the armored areas exceed 18 in (450 mm). In addition, the Contractor should water all
grassed areas as often as necessary to establish satisfactory growth and to maintain its growth throughout the
duration of the project. After the project is complete, it is the responsibility of the Owner to maintain and
upkeep all PYRAMAT installed areas for long term performance and best results as described herein for
superior channel armoring.