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HomeMy WebLinkAboutContract 43168M CITY SECRETARY .. D.O.E. RLE. w an do FORT WORTH CITY SECRETARY,31 CONTRACT NO. CON1RaC1l7fiS 101dONdC CO. CONSTRIlCTwe8wIONS AND CONTRACT DOCUMENTS CLIENT DEPARTMENT FOR SHIVER ROAD 300' WEST OF STIRRUP WAY TO MERIDIAN LN. CITY PROJECT No. 01349 TPW No. C204-541200-202230129483 October 2011 Betsy Price T.M. Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department Richard Zavala Director, Parks and Community Services Department PREPARED FOR: The City of Fort Worth DAN N EN BAU M ENGINEERING CORPORATION T.B.P.E. FIRM REGISTRATION #392 r -JE OF;��D�a 6421 CAMP BOWIE BLVD. STE 400 FT. WORTH, T% 76116 (517) 704883 EIRYA- M E. $1jZRRIE3_1 .Y.a... .\. i..Y....6...i..........,y OFFICIAL RECORD i�'�;: g2i'23 N CITY SECRETARY c Fps, EG. FT. WORTH, TX�.. �- 05-01-12 P03:56 IN Official site of the City of Fort Worth, Texas i' 1" COUNCILCITY �i COUNCIL ACTION: Approved on 4/3/2012 - Ordinances No. 20152-04-2012 and 20153-04-2012 DATE: 4/3/2012 REFERENCE NO.: **C-25541 LOG NAME: 20SHIVER ROAD PROJECT 01349 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of $307,189.45 for the Reconstruction of Shiver Road from Meridian Lane to 300 Feet West of Stirrup Way, Utilizing $175,000.00 from 2004 Capital Improvement Program New Development Funds and $232,591.20 from Community Facility Agreement Future Improvements Fund to Provide for Construction Contract Costs, Contingencies and Construction Services for a Project Total in the Amount of $407,591.20 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt attached appropriation ordinance increasing the estimated receipts and appropriations in the Special Assessments Fund in the amount of $232,591.20 from available funds; 2. Authorize transfer of $232,591.20 from the Special Assessments Fund to the New Development Fund; 3. Adopt attached appropriation ordinance increasing the estimated receipts and appropriations in the New Development Fund in the amount of $232,591.20 from available funds; and 4. Authorize execution of a contract with McClendon Construction Company Inc., in the amount of $307,189.45 for the reconstruction of Shiver Road from Meridian Lane to 300 feet west of Stirrup Way. DISCUSSION: The scope of this project includes paving and storm drain improvements along Shiver Road to provide a three lane roadway from Meridian Lane to 300 feet west of Stirrup Way. Funds were received from the developer for future improvements to Shiver Road through Community Facilities Agreement Nos. 20169, 20140, and 2005058 in the amounts of $67,036.00, $19,170.00 and $209,931.20, respectively. A portion of these funds ($63,546.00) were used to fund the project design contract. The remaining balance is to be used to fund construction. An additional $175,000.00 will be used from the 2004 Capital Improvement Program New Development Funds to cover the City's participation on this project. The project was advertised for bid in the Fort Worth Star-Telearam on November 3, 2011 and November 10, 2011. The following bids were opened on December 8, 2011: Bidder Bid Amount McClendon Construction Co., Inc. $307,189.45 JLB Contracting, LP $307,972.50 Ed A. Wilson, Inc. $363,377.00 Logname: 202007COCONTRACT5BDIST500947 Page 1 of 2 Jackson Construction, Ltd. $474,353.00 Staff recommends that the low bid in the amount of $307,189.45 as submitted by McClendon Construction Co., Inc., be selected and a contract awarded. In addition, $100,401.75 will be utilized for contingencies and construction services including surveying, material testing and construction inspection. McClendon Construction Co., Inc., is in compliance with the City's M/WBE Ordinance by committing to 18 percent M/WBE participation. The City's M/WBE goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 2, MAPSCO 36B and 36C. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the 2004 Capital Improvement Projects New Development Fund. TO F u nd/Accou nt/C enters FROM F u nd/Accou nt/C enters GS94 488100 020941369010 $232,591.20 GS94 538040 020941369010 $232,591.20 1) $232.591.20 4) C202 541200 202760134983 $307,189.45 GS94 538040 020941269010 2&3) $232, 591.20 C202 476094 202760134983 311 C202 541200 202760134983 $232,591.20 Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Wilma Smith (8785) ATTACHMENTS 20SHIVER ROAD MAP.pdf 20SHIVER ROAD PROJECT 01349 A012 C202.doc 20SHIVER ROAD PROJECT 01349 A012 GS94.doc Logname: 202007COCONTRACT5BDIST500947 Page 2 of 2 CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 to the Specifications & Contract Documents for 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT - SHIVER ROAD CITY PROJECT NUMBER 01349 Bid Submittal Due Date: December 8, 2011 Addendum No. 1 Issued: November 28, 2011 The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: Note - in order to improve constructability of the retaining wall shown along much of the project, and to eliminate the need to remove and replace fence, the 5' sidewalk shall be constructed along the back of curb with the corresponding retaining wall five foot off of the back of curb. This relocation shall provide approximately 3.5 feet of room between the face of retaining wall and the fence line. The Contract Documents for the subject project are hereby amended as follows: A. Remove Proposal Section Sheets 6-(1) through 6-(2), and replace with attached Sheets 6-(1) through 6-(2) marked "Addendum #1". Note the following revisions: 1. Bid Item 00068 has been removed from the proposal. The implementation and maintenance of the Storm Water Pollution Prevention Plan shall be included in Bid Item 00100. 2. Bid Item 00147 Topsoil - Install: This item is a pre -bid item. A unit price has been furnished. 3. Bid Item 00414 Utility Adjustment - Repair: This item has been modified to a quantity of one lump sum with a furnished unit price. 4. The geotechnical report calls for lime to be placed one foot behind the curb. The detail on Sheet indicates 6 inches. The lime shall be placed one foot behind the back of curb. The quantities in Bid Items 0486 and 0496 were figured based on placing lime one foot behind the curb. 5. Bid Item 00530 "Walk 4' - Install" has been supplanted by Bid Items 00530A, and 00530B. Note, Item 00530A is for sidewalk built in conjunction with the combined sidewalk and retaining wall. The steel spacing requirement for this sidewalk differs from the steel spacing requirement for the standard 5;' sidewalk paid for in Item 00530B. 6. Bid Item 00504 Sign -Project Designation: This item is a pre -bid item. A unit price has been furnished. 7. Bid Item 00472 - Pavement Unclassified Excavation - This Quantity has been updated to reflect the proposed revised location of the retaining wall. 8. Bid Item 00848 Meter Box -Adjustment - Services: This item is a pre -bid item. A unit price has been furnished. 9. A section containing section totals and project totals has been added. 10. An Excel spreadsheet containing the bid proposal will be posted on Buzzsaw. B. Section 3.1 M/WBE Special Instructions to Bidders: The City's M/WBE goal for this project is 15%. C. Specification Page SP-21 of 45, 44, "PAY ITEM - RETAINING WALL -INSTALL) (BID-00411): Note that this section calls for payment per City Standard Construction Drawing S-M13 "Retaining Wall with Sidewalk." The retaining wall portion shall be paid in Bid Item 0411 per cubic yard of concrete, where the sidewalk associated with the retaining wall combination shall be paid per Bid Item 00530A per square foot as modified in this Addenda. The detail shown on Sheet 5 of the Plans is to be used for this contract. D. Plan Sheet 6: As this project is the completion of an existing concrete road with existing transverse joints, Table 3 shall not be applicable to this project. The contractor shall place new transverse joints such that they are an extension of the existing transverse joints in the existing concrete pavement. E. Plan Sheets 10, 11, 12, and 13: In order to provide enough working room behind the proposed retaining wall; in order to make sure that the power poles are located behind the proposed retaining wall; and in order to eliminate removing and replacing fences, by this addendum, the wall and sidewalk shall be relocated adjacent to the back of curb from Station 24+58 to 35+18. This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 1 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM No. 1" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 1 may subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Douglas W. Wiersig, P.E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By: McClendon Construction Cmor,. Company: P.O. Box W9 Wilma J. Smith, P.E. Burleson, TX 7W97 Project Manager CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 to the Specifications & Contract Documents for 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT - SHIVER ROAD CITY PROJECT NUMBER 01349 Bid Submittal Due Date: December 8, 2011 Addendum No. 1 Issued: December 7, 2011 The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: The Bid Proposal for the subject project is hereby amended as follows: A. Bid Item 32, BID - 00968 - Type of Foundation has been updated to be "Type 2". B. Bid Item 24B, BID - 00970, Light - Davit Pole has been added. C. Bid Item 42C, BID - 01317, Cable-Quadruplexed Aluminum Underground 2-2- 2-4 - Install has been added. "W G:\l21g4473-01�Sp—if.. ns\ad&,.da OM1349 Adde.d.m No 2.d-. This Addendum No. 2, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 2 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM No.2" - (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 2 may subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIP CKNOWLEDGED Douglas W. Wiersig, P.E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By: McClondon Coristrwtion Co., Im. P.0, RRA 9qq By: /SI Compan13aPlg.sr)nl TX 76097 Wilma J. Smith, P.E. Project Manager Attachments: Revised Bid Proposal Form Sheets 6-(1) — 6-(2) — Marked "Addendum #2" Available on Buzzsaw: Revised Bid Proposal Form Sheets 6-(1) — 6-(2) in Excel format. ............ BRYAN E. GFIE3�;1B 2723 Zlt� 7 /0, 111) t/ me y� GA121044'3-0VSpecifkwi.. addenda 0241349 ,'dW..d— N. 2Ad E" TABLE OF CONTENTS 01 - Project Information 02 - Front End Documents 03 - MWBE Documentation 04 - Bid Package 05 - General and Special Conditions City of Fort Worth, Texas Table of Contents PMO Release Date: 03.29.2011 Page 1 of 2 ® 1.1 - Title Page MS -Word ❑ 1.2 -Location Maps pdf 2.1 - Table of Contents MS -Word ® 2.2 - Notice to Bidders MS -Word ® 2.3 - Comprehensive Notice MS -Word to Bidders ❑ 2.4 - Special Instructions to pdf Bidders (water -sewer) ® 2.5 - Special Instruction to pdf Bidders (paving -drainage) ❑ 2.6 - Detailed Project MS -Word Specifications (no drawings provided) ® 3.1 - MWBE Special pdf Instructions ® 3.2 - MWBE pdf Subcontractors/Suppliers Utilization Form ® 3.3 - MWBE Prime Contractor pdf Waiver ® 3.4 - MWBE Good Faith Effort pdf ® 3.5 - MWBE Joint Venture pdf ® 4.1 - Bid Proposal Cover & pdf Signature Sheets ® 4.2 - Bid Proposal(s) MS -Excel ❑ 4.3 - Green Cement Policy MS -Word Compliance Statement ❑ 4.4 - Bid Schedule pdf ® 4.5 - Vendor Compliance to pdf State Law ❑ 4.6 - List of Fittings pdf ® 4.7 - Pre -Qualified Contractor MS -Word List ❑ 5.1 - Part C General pdf Conditions (water - sewer) ❑ 5.2 - Supplementary pdf Conditions to Part C (water - sewer) ❑ 5.3 - Part D - Special MS -Word Conditions (water - sewer) ❑ 5.4 - Part DA - Additional MS -Word Special Condition (water - sewer) ❑ 5.5 - Part E Specifications pdf ® 5.6 - Part F - Detailed pdf Specifications for Street Light Installation ® 5.7 - Special Provisions pdf (paving - drainage) TABLE OF CONTENTS 06 — Technical Specifications 07 — Contracts, Bonds and Insurance 08 — Appendices 09 — Addenda Cfty of Fort Worth, Texas Table of Contents PMO Release Date: 03.29.2011 Page 2 of 2 ® 5.8 — Compliance with and Pdf Enforcement of Prevailing Wage Rates ® 5.9 - Wage Rates pdf ❑ 5.9 — Standard Details (water- dwf sewer) ❑ 5.10 —Standard Details dwf (paving- drainage) ❑ Technical Specs Index ® 7.1 — Certificate of Insurance MS -Word ® 7.2 — Contractor Compliance pdf With Workers' Compensation Law ® 7.3 - Conflict of Interest pdf Questionnaire ® 7.4 - Performance Bond pdf ® 7.5 - Payment Bond pdf ® 7.6 - Maintenance Bond pdf ® 7.7 — City of Fort Worth pdf Contract ❑ Easements Index ❑ Permits Index ® Reports Index ❑ Pavement Cores ❑ Addenda Index SECTION 2 — FRONT END DOCUMENTS 2.1 Table of Contents (In front of this section) 2.2 Notice to Bidders 2.3 Comprehensive Notice To Bidders 2.4 2.5 Special Instruction to Bidders (Paving -Drainage 3/13/09) GAI210\4473-011Spedficatlons\100%NO2.0 -SECTION 2 COVER.doc NOTICE TO BIDDERS Sealed proposals for the following: SHIVER ROAD - 300' WEST OF STIRRUP WAY TO MERIDIAN LN. City Project No. 01349 Addressed to the CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 will be received at the Purchasing Office until 1:30 p.m., Thursday, December 8th, 2011 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at httD://www.fortworthaov.ora/purchasing/ and clicking on the project link. This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Plans will be available on Thursday, November 3rd at 4:00 PM. Prospective bidders must submit any questions concerning the interpretation of the meaning of plans, specifications or other pre -bid documents by Monday, December 5th, 2011 in order to be considered for a response. Hard copies of plans and contract documents are available at the City, at a cost of $60 per set (non- refundable). The documents are located at the office of the Transportation of Public Works at 1000 Throckmorton Street, Fort Worth, Texas 76102. Please contact Nikki McLeroy at 817-392-8549 for assistance. The major work will consist of the (approximate) following: 2600 square yards of concrete approximately 15 foot in width to complete a 41' existing collector street, along with retaining wall, storm drain, and illumination. Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. All addenda will be made available on-line with the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda. It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid. The water and sanitary sewer work must be performed by a contractor that is pre -qualified by the Water Department at the time of the bid opening. A general contractor, who is not pre - qualified by the Water Department, must employ the services of a subcontractor who is pre - qualified. The procedure for pre -qualification is outlined in the "Special Instructions to Bidders (Water -Sewer) For additional information, please contact Bryan E. Sherrieb, P.E. with Dannenbaum Engineering Corporation at Telephone Number: 817-763-8883 or by email: bryan.sherrieb@dannenbaum.com, and/or Wilma J. Smith, P.E., Project Manager, TPW Department at 817.392.8785 or by email: Wilma.Smith@fortworthgov.org. Rev 2-2-10 TPW NBA NOTICE TO BIDDERS A pre -bid conference will be held on Friday, November, 18, 2011 at 2:00 p.m., in Room 270 of the Transportation and Public Works Division in City Hall. Bidders are encouraged to review the plans and specifications prior to the pre -bid conference. Advertising Dates: November 3rd, 2011 November 10th, 2011 Rev 2-2-10 TPW NBA COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: SHIVER ROAD - 300' WEST OF STIRRUP WAY TO MERIDIAN LN. City Project No. 01349 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1:30 p.m., Thursday, December 8th, 2011 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at httD:/A ww.FortWorthTexas.govlr)urchasinq/ and clicking on the project link. This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Plans will be available on Thursday, November 3rd at 4:00 PM. Prospective bidders must submit any questions concerning the interpretation of the meaning of plans, specifications or other pre -bid documents by Monday, December 5th, 2011 in order to be considered fora response. Hard copies of plans and contract documents are available at the City, at a cost of $60 per set (non-refundable). The documents are located at the office of the Transportation of Public Works at 1000 Throckmorton Street, Fort Worth, Texas 76102. Please contact Nikki McLeroy at 817-392-8549 for assistance. The major work will consist of the (approximate) following: 2600 square yards of concrete approximately 15 foot in width to complete a 41' existing collector street, along with retaining wall, storm drain, and Illumination. Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. NOTICES All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices. Bid security is required in accordance with the Special Instruction to Bidders. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. All addenda will be made available on-line with the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order Rev 212110 TPW CNB-1 COMPREHENSIVE NOTICE TO BIDDERS to receive notifications regarding the issuance of addenda. It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid. Bidders must complete the PROPOSAL section, including the "Vendor Compliance to State Law", and submit these executed documents or face rejection of the bid as non -responsive. In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City of Fort Worth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid non -responsive. The water and sanitary sewer work must be performed by a contractor that is pre -qualified by the Water Department at the time of the bid opening. A general contractor, who is not pre -qualified by the Water Department, must employ the services of a subcontractor who is pre -qualified. The procedure for pre - qualification is outlined in the "Special Instructions to Bidders (Water -Sewer)". SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid, the Contractor is required to submit a bid for entire project. A bid proposal submittal for a multi -unit project with only a single proposal unit complete will be rejected as being non -responsive. The Contractor who submits the bid with the lowest price, will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth. For additional information, please contact Bryan E. Sherrieb, P.E. with Dannenbaum Engineering Corporation at Telephone Number. 817-763-8883 or by email: bryan.sherrieb@dannenbaum.com, and/or Wilma J. Smith, P.E., Project Manager, TPW Department at 817.392.8785 or by email: Wilma.Smith@fortworthgov.org. A pre -bid conference will be held on Friday, November, 18, 2011 at 2:00 p.m., in Room 270 of the Transportation and Public Works Division in City Hall. Bidders are encouraged to review the plans and specifications prior to the pre -bid conference. T.M. HIGGINS CITY MANAGER By: Wilma J. S , P.E Transportation & Pub Works Department Advertising Dates; November 3rd, 2011 November 10th, 2011 Rev 2(2/90 TPW CNB-2 MARTY HENDRIX CITY SECRETARY SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1) BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five percent (5%) of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must a) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or b) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2) PAYMENT. PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253, Texas Government Code. In order for a surety to be acceptable to the City, the surety must a) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or b) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. City of Fort Worth, Texas Special Instruction to Bidders— Paving and Drainage PMO Official Release Date: 12.21.2010 Page 1 of 9 All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. 3) LJOUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specificationsfor Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4) AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City _ reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5) EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 6) WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show 1) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and 2) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit" pertain to this inspection. c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs a) and b) above. d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 7) FINANCIAL STATEMENT: A current certified financial statement maybe required by the Department of Transportation and Public Works if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. City of Fort Worth, Texas Special Instruction to Bidders — Paving and Drainage PMO Official Release Date: 12.21.2010 Page 2 of 9 8) INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury-$500,000 each person, $1,000,000 each occurrence ($2,000,000 aggregate limit); Property Damage - $250,000 each occurrence). The City reserves the right to request any other insurance coverage as may be required by each individual project. 9) ADDITIONAL INSURANCE REOUIREMENTS: a) The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b) Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c) Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d) Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e) Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VIE or equivalent measure of financial strength and solvency. f) Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g) Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h) Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i) City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j) Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k) In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1) Contractor's liability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Contractor shall provide complete copies of all insurance policies — required by these contract documents. City of Fort Worth, Texas Special Instruction to Bidders — Paving and Drainage PMO Official Release Date: 1221.2010 Page 3 of 9 10) NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. — "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11) MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority — business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, and/or the G O O D F A I T H E F F O R T F O R M'("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall _ obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate — Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. City of Fort Worth, Texas Special Instruction to Bidders — Paving and Drainage PMO Official Release Date: 12.21.2010 Page 4 of 9 Rev 3-13-09 12) AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13) PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 14) ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained on-line on City's Bil aw site or by contacting the City Project Manager. Bids that do not acknowledge all applicable addenda may be rejected as non -responsive. 15) CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: a) Workers Compensation Insurance Coverage 1) Definitions: Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractoes/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which firrnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2) The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. City of Fort Worth, Texas Special Instruction to Bidders — Paving and Drainage PMO Official Release Date: 12.21.2010 Page 5 of 9 3) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5) The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter _ 7) The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9) The contractor shall contractually require each person with whom it contracts to provide services on a project, to: a) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; c) provide the contractor, prior to the end of the coverage period, a new certificate of T coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; d) obtain from each other person with whom it contracts, and provide to the contractor: City of Fort Worth, Texas Special Instruction to Bidders — PaAng and Drainage PMO Official Release Date: 12.21.2010 Page B of 9 Rev 3-13-09 1) a certificate of coverage, prior to the other person beginning work on the project; and 2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. f) notify the governmental entity in wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10) By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 11) The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity b) The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Contact the Texas Workers' Compensation Commission to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". City of Fat Worth, Texas Special Instruction to Bidders— Paving and Drainage PMO Official Release Date: 12.21.2010 Page 7 of 9 16) NON .DISCREVIINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City R Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17) AGE DISCREMNATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18) DISCRE%HNATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to — comply with the above -referenced laws concerning disability discrimination in the performance of this Contract. 19) PROGRESS PAYMENTS, FINAL PAYMENT. PROJECT ACCEPTANCE AND WARRANTY: a) The contractor will receive full payment (less retainage) from the city for each pay period. b) Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c) The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d) The warranty period shall begin as of the date that the final punch list has been completed. e) Bills Paid Affidavit'and Consent of Surety shall be required prior to final payment becoming due and payable. Gty of Fort Worth, Texas Special Instruction to Bidders — Paving and Drainage PMO Official Release Date:12.21.2010 Page 8 of 9 f) In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding 1) final quantities, or 2) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g) In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 20) PREOUALMCATION REOUMENEEM: All contractors submitting bids are required to be prequalified by the Fort Worth Transportation and Public Works Department prior to submitting bids for pavement contracts. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule as outlined in the PREQUALMCATION REQUIREMENTS FOR PAVING CONTRACTORS most recent version, and any other documents the Department may deem necessary, to the Director of Transportation and Public Works at least fourteen (14) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been compiled by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so. prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated with proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Transportation and Public Works Department shall be the sole judge as to the level of project a Contractor is qualified to bid based upon a review of the information submitted. d) The City, at its sole discretion, may reject any bid for failure by the Contractor to demonstrate acceptable experience, expertise or financial wherewithal to perform the work included in the project. e) Any proposals submitted by a non-prequalifred bidder shall be returned unopened, and if inadvertently opened, shall not be considered f) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be suitable for the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. g) Any contractor who becomes qualified and remains in good standing with the City will not be required to submit for re -qualification for 2 years from the date of having last being qualified. Re - qualification procedures are included in the PREQUALIFICATION REQUIREMENTS FOR PAVING CONTRACTORS document. City of Fort Worth, Texas Special Instruction to Bidders — Paving and Drainage PMO Official Release Date: 12.21.2010 Page 9 of 9 SECTION 3 — M/WBE DOCUMENTS 3.1 M/WBE Special Instructions to Bidders 3.2 M/WBE Subcontractor/Supplier Utilization Form 3.3 M/WBE Prime Contractor Waiver Form 3.4 M/WBE Good Faith Effort Form 3.5 M/WBE Joint Venture Eligibility Form G:\1210\4473-01 \Specifications\100%\03.0 - SECTION 3 COVER.doc 1 L— .I 3— "1 1 P 'i : 5 0 o U ATTACHMENT 1A Pagel of 4 F0 ih i NVVO R i H ,.�-- City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime McClendon Construction Co, Inc PROJECT NAME: i M/W/DBE I X I NON-M/W/DBE Shiver Road, 300' West of Stirrup to Meridian City's MIWBE Project Goal: I Prime's M/WBE Project Utilization: 15 % 18.6 BID DATE December 8, 2011 PROJECT NUMBER Proj 01349 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/ BEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 ATTACHMENT 1A [ l i "l Wok R III Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MNVBEs. Please list MNVBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTORISUPPLIER T n Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r g g T D W E E R 0 8 C T E A M E Burns Construction PO Box 783 Drainage $40,556.00 - Burleson, TX 76097 1 x x Construction _ `t 817/447-0292 Fax 817/447-0207 Rubio Trucking 9000 Co Rd 513 Hauloff $11,990.0 Alvarado, TX 76009 1 x x Trucking 817/829-3711 No Fax Ricochet Fuel Distributors 1201 Royal Pkwy Fuel $2,200.00 Euless, TX 76040 1 x x 817/268-5910 Fax 817/282-7497 ' W.O.E. Const Inc / PO Box 185176 Silicone $1,632.00 / Grand Prairie, TX 76181 1 x x Joint Seal v 817/284-7401 817/284-7400 Rev. 5/30/03 • I f ATTACHMENT IA FORT WORTH I P 'I : 5 0 O U Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/W1BE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTORISUPPLIER T n _ Company Name i N T Detail Detail Address e M y� C X M Subcontractiing Work Supplies Purchased Dollar Amount T D K Telephone/Fax r B B R O B E E C T E A Barnsco, Inc 2609 Willowbrook Rebar Supplier $11,470.00 Dallas, TX 75220 1 x 214/352-9091 Fax 214/379-0341 Beall Lime Co 1100 West Parkway Hydrated Lime $9,240.00 Euless, TX 76040 1 x Slurry 817/835-4000 Fax 214/545-5402 Mel's Electric PO Box 40 Traffic Signals/ $31,142.50 Wilmer, TX 75172 1 x Lighting 972/441-6208 Fax 972/441-6394 Metroplex Pavement Mrk 1303 Jelmak Ave Pavement $5,707.20 Grand Prairie, TX 75050 1 x Markings 972-399-3500 972-313-0059 Southern Star Concrete 8505 Freeport Pkwy Ready -Mix $64,980.00 Irving, TX 75063 1 x Concrete 972/621-0999 Rev. 5/30/03 ATTACHMENT IA FORl�lPage 4 of 4 Ir- 12-13-11 P12:50 OUT Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers El TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $66,378.00 $122,539.70 $178,917.70 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MNVBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the Contract that will substantiate the actual work performed by the MNV/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City rk for a period of time not less than one (1) year. /'/� /l Z Dan McClendon Authorized Signature Printed Signature President TRW McClendon Construction Co, Inc Company Name PO Box 999 3 Address Burleson, TX 76097 k city/state/Zip Contact Namerntle (If different) 817/29"066 Telephone and/or Fax dan@mcclendonconstruction.com E-mail Address December 9, 2011 Date Rev. 5/30/03 SECTION 4 — BID PACKAGE 4.1 Bid Proposal Cover & Signature Sheets 4.2 Bid Proposals 4.3 Bid Schedule 4.4 Vendor Compliance to State Law 4.5 4.6 Addenda Index and Receipt 4.7 Pre -Qualified Subcontractor List G:\1210\4473-01\Speaficabons\100%\04.0 - SECTION 4 COVER.doc TO: Mr. T.M. HIGGINS Fort Worth, Texas CITY MANAGER, FORT WORTH, TEXAS FOR: CITY OF FORT WORTH 2008 CAPITAL IMPROVEMENT PROGRAM ARTERIAL STREET PROJECT SHIVER ROAD CITY PROJECT No. 01349 TPW No. C204-541200-202230129483 Pursuant to the forgoing "Notice to Bidders," the undersigned has examined the plans, specifications and the site, understand the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Department of Transportation and Public Works of the City of Fort Worth. If required by this project, Contractor must be pre -qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. I City of Fort Worth Project SHIVER ROAD PAVING IMPROVEMENTS 300' WEST OF STIRRUP WAY TO MERIDIAN LN Date Project Manager: Wilma J. Smith, P.E. City Project01349 rourvenaor 7403 Number rourcompany Name McClendon Conat Co Inc PAVING IMPROVEMENTS BID ITEMS: PMMS Record Sub Group Number Material Description 1 BID - 00068 Removed from Proposal (Addendum #1) 2 Major BID - 00100 ServiceCS Storm Water Pollution Prevention Plan > Than 1 Ac SWPPP - Install 3 Grass BID - 00134 Vegetation Grass-Hydromulch Seeding - Install 4 Soil BID - 00147 Soil Topsoil - Install (Addendum #1) 5 Site BID - 00181 ServiceCS Traffic Control - Install 6 Parkway BID - 00411 Concrete Retaining Wall - Install 7 Parkway BID - 00414 ServiceCS Utility Adjustment - Repair (Addendum#1) 8 Paving BID - 00429 Concrete Pavement -Non -Green Cement - Install (9" Depth) 4,000 PSI 9 Paving BID - 00433 Assembly Pavement Marking -Lane Markers Type II-AA-4 - Install 10 Paving BID - 00436 Assembly Pavement Marking -Lane Markers Type Y-4 - Install 11 Paving BID - 00457 I ServiceCS Pavement -Concrete - Remove 12 Paving BID - 00472 ServiceCS Pavement -Unclassified Street Excavation - Remove (Addendum #1) 13 Paving BID - 00486 I Lime Subgrade-8 Inch -Lime Stabilization - Install 14 Paving BID 00496 I Lime Subgrade-Lime for Stabilization - Install 15 Sign BID - 00504 Steel Sign -Project Designation - Install (Addendum #1) Walk-5 Ft - Install - This wall Is constructed In Retaining Wall with Sidewalk Detail, 16 Sidewalk BID - 00530A Concrete Sheet 6 of Plans (Addendum tail 17 Sidewalk BID - 00530B Concrete Walk-6 Ft - Install - Standard 6' Sidewalk (Addendum #1) 17 Sidewalk BID - 00532 ServiceCS Walk-ADA Wheelchair Ramp - Install I PAVING IMPROVEMENTS BID ITEMS CONTINUED: CPMS Record 18 Sub Group Number Material Description 19 Sidewalk BID - 00533 ServiceCS Walk-ADA Wheelchair Ramp - Remove 20 Paving BID 00843 Concrete Curb-7 Inch - Install 6-(1) I ti i t iF DOE # 6230 Unit of Measure Quantity Your Unit Price Your Bid LS 1 $ 2,650.00 $ 2,650.00 SY 500 $ 2.85 $ 1,425.00 CY 85 $ 16.00 $ 1,360.00 LS 1 $ 4,975.00 $ 4,975.00 CY 85 $ 400.00 $ 34,000.00 EA 1 $ 3,000.00 $ 3,000.00 SY 2,400 $ 37.50 $ 90,000.00 EA 322 $ 2.85 $ 917.70 EA 1.290 $ 2.55 $ 3,289.50 SY 250 $ 5.50 $ 1,375.00 CY 1,190 $ 24.00 $ 28,560,00 SY 2,560 $ 2.75 $ 7,040.00 TONS 70 $ 140.00 $ 9,800.00 EA 2 $ 1,000.00 $ 2,000.00 SF 6,200 $ 4.50 $ 23,400.00 SF 1,800 $ 4.00 $ 7,200.00 SF 150 $ 6.00 $ 900.00 Unit of Measure Quantity Your Unit Price Your Bid SF 70 $ 0.75 $ 52.50 LF 1,410 $ 3.00 $ 4,230.00 ADDENDUM #2 F I i I City of Fort Worth Project Manager: Wilma J. Smith, P.E. Project SHIVER ROAD PAVING IMPROVEMENTS 300' WEST OF STIRRUP WA" TO MERIDIAN LN 21 Water Distribt BID - 00848 ServiceCS Meter Box -Adjustment - Services (Addendum #1) 22 Lighting BID - 00966 Assembly Light-200 W HPS Cobra Head Fixture; Photo -Cell 8 Lamp - Install 23 Lighting BID - 00968 Assembly Light -Concrete Foundation Type 2 - Install (Addendum #2) 24 Lighting BID - 00971 Assembly Light -Photo -Cell Contact Closure Circuit Control - Install 24B Lighting BID - 00970 Assembly Light - Davit Pole (Addendum #2) 24C Lighting BID - 01317 Assembly Cable-Quadruplexed Aluminum Underground 2.2.2-4 - Install (Addendum #2) 25 Paving BID - 01008 Other Pavement Marking -Raised Pavement Markings - Remove 26 Lighting BID - 01107 PVC Conduit -Schedule 40, PVC 2 Inch Open Cut - Install 27 Lighting BID - 01112 PVC Conduit -Schedule 40 PVC, 2 Inch Bore - Install 28 Lighting BID - 01114 Assembly Electrical Ground Box with Lid - Small - Install 29 Lighting BID - 01226 Cable - Electrical - Install: Quadplex AL VG DRAINAGE IMPROVEMENTS BID ITEMS: CPMS Record Sub Group Number Material 30 Major BID 00082 Concrete Pipe-24 Inch-CL III - Install 31 Minor BID 00106 Concrete Inlet-Inline-10 FT - Install 32 Collection BID - 00372 ServiceCS Trench Excavation Safetry Program Description 33 Maior BID - 00121 Concrete Miscellaneous - Connect 24" RCP to existing box culverts TOTAL PAVING IMPROVEMENTS: TOTAL DRAINAGE IMPROVEMENTS: TOTAL: BASE BID EA 1 $ 250.00 $ 250.00 EA 5 $ 228.00 $ 1,140,00 EA 5 $ 1,001.00 $ 5,005.00 EA 5 $ 4.00 $ 20.00 EA 5 $ 1,939.00 $ 9,695.00 LF 2,625 $ 1.85 $ 4,856.25 LF 3,750 $ 0.40 $ 1,500,00 LF 1,125 $ 9.78 $ 11,002.50 LF 50 $ 17.00 $ 850.00 EA 2 $ 955.00 $ 1,910.00 EA 15 $ 2.00 $ 30.00 TOTAL PAVING IMPROVEMENTS: $262,433.46 Unit of Measure Quantity Your Unit Price Your Bid LF 420 $ 85.00 $ 35,700.00 EA 2 $ 3,000.00 $ 6,000.00 LF 452 $ 3.00 $ 1,356.00 EA 2 $ 850.00 $ 1,700.00 TOTAL DRAINAGE IMPROVEMENTS: $44,756.00 $262,433.45 $44,756.00 $307,189.45 6-(2) ADDENDUM #2 a Within ten (10) days after notification by the City of Fort Worth, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. If as a requirement of this project, the undersigned bidder certifies that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects, and that they have thoroughly read and completely understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 180 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Check One Box and complete, as applicable) ❑ The principal place of business of our company is in the State of a. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority owner is in the State of Texas. w Receipt is acknowledged of the following Respectfully submitted, addenda: By: Addendum No. 1: Addendum No. 2: Title: P� s Addendum No. 3: Addendum No. 4: Company: Addendum No. 5: MCCWdM ConstrLrbw Co., ft. Addendum No. 6: Address: P.O. Box Burleson, TX 76097 Date: 1 Z / 9 01) VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to 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 of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. [ BIDDER: McCWi&n Construction Co., Inc, P.O. Box 999 Burleson, TX 76097 By: _I Y_i �1 /V l C Company _ (Please print) Signature: Address Title: �fvs / L r't� City/State/Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION PRE -QUALIFIED SUB -CONTRACTOR LIST SUB -CONTRACTOR Indicate Detail Company Name Units)/Section(s) Subcontracting Address Working Work Telephone/Fax P1* M ('vU /ti s Co"s �_ wli,l-�l S pw M--e I S P c 4 i s No M oft wo f PM G:\121044473-01\Specifications\1000/.\04.5 - Pre -Qualified Contractor List - WTR - (PMO_Released 20100609).xls wd SECTION 5 — GENERAL AND SPECIAL CONDITIONS 5.1 Part C — General Conditions (Water -Sewer) 5.2 Supplementary Conditions to Part C (Water -Sewer) 5.3 5.4 5.5 Special Provisions (Paving -Drainage) 5.6 Wage Rates G:\1210\4473-01\Spedfications\100%\05.0 - SECTION 5 COVER.doc ., MR ow i PART C - GENERAL CONDITIONS TABLE OF CONTENTS OCTOBER 19, 2009 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) C 1-1.2 Contract Documents C1-1 (2) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bonds C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (3) C1-1.18 Director, City Water Department C1-1 (3) C1-1.19 Engineer C1-1 (3) C1-1.20 Contractor C1-1 (3) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Days C1-1 (4) C1-1.25 Legal Holidays C1-1 (4) C1-1.26 Abbreviations C1-1 (4) C1-1.27 Change Order C1-1 (5) C1-1.28 Paved Streets and Alleys C1-1 (5) C 1-1.29 Unpaved Streets or Alleys Cl-1 (6) C1-1.30 City Street C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (2) (1) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) C2-2.7 Delivery of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (4) C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (3) C3-3.9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) C3-3.15 Venue C3-3 (7) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Construction Schedule C4-4 (3) C4-4.7 Schedule Tiers Special Instructions C4-4 (6) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5,2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) W OM ., i am C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5.9 Inspection C5-5 (4) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5.12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean -Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials, and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets, Alleys, C6-6 (3) and Right -of -Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades, Warnings and Flagmen C6-6 (3) C6-6.9 Use of Explosives, Drop Weight, Etc. C6-6 (4) C6-6.10 Work Within Easements C6-6 (5) C6.6.11 Independent Contractor C6-6 (6) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (3) C7-7.8 Extension of Time Completion C7-7 (3) (3) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (4) C7-7.11 Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract 0-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adequacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8.13 Record Documents C8-8 (4) (4) W PM i i w PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the. contract. These are contained on the General Contract Documents and the Special Contract Documents. i a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown _ PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El -White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: -- PART A - NOTICE TO BIDDERS (Advertisement) same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/BASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1(1) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence.. C 1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 (2) i i PM C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner _ and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout _ diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. R. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR. CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. MP C1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting Mt C1-1(3) M directly or through a duly authorized representative. A sub -contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's day 2. M.L. King, Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Thanksgiving Friday 8. Christmas Day 9. Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Forth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: C1-1 (4) P_ am LJ AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per _ Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic .- Materials % - Percentum AWWA - American Water Works R - Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement w- between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1 (5) C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four (`4) feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and _. "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for oneninQ of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the �- project on which he submits a bid. C2-2.2 INTERPRETATION OF OUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as aonroximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the -- actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 (1) F" C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract _ Documents just as though such addenda were actually written into the original Contract Documents. w Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, !. tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting _ the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon _ which the proposal is to be based. It is mutually agreed that the submission of a proposal is pAma-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or famish the materials required. All such prices shall be written legibly. In case of discrepancy -. between price written in words and the price written in numerals, the price most advantageous to the City shall govern. i If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2 (2) of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the _ Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof The bid security of all _ other bidders may be returned promptly after the canvass of bids. C2-23 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project = as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non - consideration requests have been properly filed May, at the option of the Owner, be = returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal _ opening time, no further consideration will be given to the proposal. C2-2 (3) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2.12 DISOUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where _ the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or .. hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. MW C2-2 (4) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the — estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. -• Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman -owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner., to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be — grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EOUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and. in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the -contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56"' Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any —. one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to •— execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) w suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. _ C3-3.11INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and _ such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub -contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under .. the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: Contingent Liability (covers General Contractor's Liability for acts of sub -contractors). i CM (4) 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation excavation are performed adiacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such +� operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract, i f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub -contractors, should the Prime Contractor's insurance not cover the sub -contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) me performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth - Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project — Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters — pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as — maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth - Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all C3-3 (6) appropriately signed and sealed, as applicable, by the Contractor's responsible offices - with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the — satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (7) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these ..- Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these = Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the "Special Provisions" covering all such work will be prepared by the Owner previous to the 'time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein. -- C4-4.3 INCREASED OR DECREASED OUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original — quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be — considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 (1) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be ., performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for — payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of -- America current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to — exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written -- request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the .., payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item Q. Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls .� covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from -- the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. — The compensation agreed upon for "Extra Work" whether or not 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. C4-4.6 CONSTRUCTION SCHEDULE: Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files — shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by OWNER) — Primavera Contractor (Version 6.1 or later or approved by OWNER) _ — Primavera SureTrak (Version 3.x or later or approved by OWNER) — Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules. A qualified Project Scheduler would have the following minimum capabilities and experience. a. Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling software systems as defined in this specification. b. Knowledge of Critical Path Method of scheduling and the ability to analyze schedules to determine duration, resource allocation, and logic issues. C4-4 (3) c. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed, maintained, and progressed that accurately represents the scope of work performed. C446(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall develop, submit and review the draft detailed baseline construction schedule with the — OWNER to demonstrate the CONTRACTOR's understanding of the contract requirements and approach for performing the work. The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments, if any. The CONTRACTOR's first (1st) payment application will only be processed after the detailed baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. The following guidelines shall be adhered to in preparing the baseline construction schedule. a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements, and completion time. b. The construction progress shall be divided into activities with time durations no greater than 20 work days. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. The critical path shall be clearly shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub - activities in enough detail to achieve sub -activities of no greater than 20 days duration. The Schedule Guidance Document is located on Buzzsaw and is heinby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. - For each of the trades or subcontracts applicable to the project, the construction schedule shall indicate the following: procurement, construction, pre -acceptance activities, and C4-4 (4) events in their logical sequence for equipment and materials. Include applicable activities and milestones such as: 1. Milestone for formal Notice to Proceed 2. Milestone for Final Completion or other completion dates specified in the contract documents 3. Preparation and transmittal of submittals 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10. Final inspection 11.Operational testing C4-4.6(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with C4-4.6 and C4-4.7 and the OWNER's Schedule Guidance Document inclusive. As the Work progresses, the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. The updated schedule submittal shall also include a concise narrative report that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the OWNER should be aware of or can assist with, • Other schedule -related issues that the CONTRACTOR wishes to communicate to the OWNER. a. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates, submitted in the time and manner required by this specification and the Schedule Guidance Document, and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification. c. Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. C4-4 (5) C-446(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. C447 SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents. The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost -loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS: ^ ^ 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) shall be loaded into the scheduling software using the "NON - LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars. It is ^ intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: Labor resources (Man -Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. C4-4 (6) ^ ^ � 7 PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. The -- Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's W means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the CS-5 (1) Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other — Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shad receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall — designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the - emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar -day or a working -day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that - such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) 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 shoe 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 the Contractor on the project. — C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and — lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged •— against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHOF= AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the C5-5 (3) Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such _ portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should Work so exposed or examined prove to be unacceptable, the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK:AH work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure _ to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5.11 SUBSTITUTE MATERIALS OR EOUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the function called for by the general design, _ be similar and of equal substance to that specified and be suited to the same use and C5-5 (4) capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the -- construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover -- when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for C5-5 (5) all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate _ such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty-eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. _ C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. .� 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or ,r 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob. The tag shall be durable in composition, and in large bold letters shall say: C5-5 (6) "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank You, Contractor Address Phone b. Emereencv: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub -contractor shall suffer loss or damage of the work, the .Contractor agrees to settle with such other Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials = removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for_ any clean-up required on the project. C5-5 (7) C5-5.18 FINAL INSPECTION: Whenever the work provided for in and _ contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (8) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY .� SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED:The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by -. bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and — all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, = patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract price shall include all royalties or cost — arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade -mark or copyright in — connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious — diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes,*water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. C6-6(2) 9- i w The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the ,contract, the Contractor will be _ permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and .— instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning - light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under C6-6(3) construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with provisions set forth in the "1980 — Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), _ to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. _ The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the — subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or — utility, and the Owner, not less than twenty-four hours in advance of the use of any C6-6(4) activity which might damage or endanger their or his property along or adjacent to the _. work. Where the use of explosives is to be permitted on the project, as specified in the Special Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work. Any additional rights -of -way or work area considered necessary by the Contractor shall be provided by him at his -- expense. Such additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing -� by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work. The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to -* defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on — account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non -execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When _ wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross -braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proc6ed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the — parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all — work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. -• C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors, subcontractors, licensees or invitees of the C6-6(6) Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss, and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or ,., indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water ,. Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a — claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the i C6-6(7) Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor _claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written _ statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25`h day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless _ such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES. ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or _ others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing _ sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6(8) MP C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written •- acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6(9) C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the _ provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued 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 State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly -owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX i i. C6-6(10) PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject tot he same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in — person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, — to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary qr involuntary, or by assignment under the insolvency laws of any, states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it -- would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. C7-7(1) The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the _ Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time. _ C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the _ Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EOUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including .., equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen •� or adjacent property will result from its use. C7-7(2) C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in C1-1.23 "WORKING DAYS" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes fast. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. -- The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an — extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes, or delays of sub -contractors due to such causes. C7-7(3) When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time mat be increased by Change Order. _ C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor r is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found _ correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by w the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the ,F approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal, the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per — day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. — C7-7(4) AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 $ 500,001 to $ 1,000,000 inclusive $ 315.00 $ 1,000,001 to $ 2,000,000 inclusive $ 420.00 $ 2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the _ Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day", as set out above, is _ a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which _ in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra -- payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage -- about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be C7-7(5) determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the _ Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer 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. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall �. proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of _ the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made _ and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall _ include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: .� a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and — may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. C7-7(7) In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the _ Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies; and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and ... property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may — be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual r cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by — contract or otherwise under the provisions of this section, the Contractor shall continue the �emainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: 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 Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any -� C7-7(8) IM claim, demand or suit shall be required of the Owner regarding such discretionary action B. CONTRACTOR ACTION: After receipt of a notice of termination, ,., and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; i 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 Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: 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 Owner. 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 Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, -� certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.1(C), the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by �. the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No — amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work — pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3. the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of — termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. In PW C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7(11) PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT on SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF OUANTTr1ES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. i C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a i satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the •• action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, i C8-8(1) and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, _ materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and _ acceptance of the work or during the one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1s` and the 5 h day of each month, the Contractor shall submit to the 'Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10`h day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work _ perfZnount, med since the last partial payment was made exceeds one hundred dollars ($100.00) inn 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000.00, or 95% of such estimated sum will be paid to the _ Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will be allowed on a basis of 85% of the net invoice value thereof). The T Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that partial estimates from month to month will be approximate only, all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. — The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. — C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall — notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and — has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary = corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory = evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; = A. all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, — B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal injury and/or property damages. - The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or — neglect of said City relating to or connected with the Contract. C8-8(3) The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEOUACY OF DESIGN: It is understood that the Owner believes it _ has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and _ alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. _ C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor _ shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in'the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by r.. the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one - tenth unit. Payment for miscellaneous placement of material shall be in accordance with �. the General Contract Documents regardless of the actual amount used for the Project. C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the C8-8(4) .t site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. C8-8(5) SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof; but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent '(10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future .. payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised Pg. 1 10/24/02 E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such inium damage or death is caused. in whole or in hart. by the negligence or alleged neelieence of Owner. its officers. servants, or emvlovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or damaee is caused in whole or in nart by the negligence or alleged neelieence of Owner. its officers. ,servants or emvlovees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED OUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not am to the various depth categories. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL Revised Pg. 2 10/24/02 INSURANCE REOUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VH or equivalent measure of financial strength and solvency. f. Deductible limits, or self -funded retention limits, on each policy must not exceed .. $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance pohey(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. .. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L Contractor's liability shall not be limited to the specified amounts of insurance required herein. Revised Pg. 3 10/24/02 M. Upon the request of City, Contractor shall provide complete copies of all insurance �. policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is .. deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for finishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery finnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: "W Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and 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 in the amount of 100 percent of the amount of the contract which shall assure �. the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Revised 10/24/02 Pg. 4 Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. i C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing _ Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: .. Revised Pg. 5 10/24/02 In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: 8-8.14 RIGHT TO AUDIT: a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided —' adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (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 the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. 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 the Contractor for the cost of copies as follows: 1. 50 copies and under - 10 cents per page Revised Pg. 6 10/24/02 2, More than 50 copies - 85 cents for the first page plus �. fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights -of -way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. _ 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. MINORITYIWOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that'will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent .� misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised Pg. 7 10/24/02 P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of ,^ the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised Pg. 8 10/24/02 PM PM PM SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK..................................................................................................SP-4 2. AWARD OF CONTRACT..........................................................................................SP-4 3. PRECONSTRUCTION CONFERENCE.....................................................................SP-4 4. EXAMINATION OF SITE..........................................................................................SP-4 5. BID SUBMITTAL ....... ....................................................................................SP-4 6. WATER FOR CONSTRUCTION..........................................................................SP-5 7. SANITARY FACILITIES FOR WORKERS.................................................................SP-5 8. PAYMENT.. ....... .......................................................................................................SP-5 9. SUBSIDIARY WORK .......................... ....................................................................... SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC ............................ ......................................................... .................. SP-5 11. WAGE RATES....................................................................................................SP-5 12. EXISTING UTILITIES...........................................................................................SP-6 13. PARKWAY CONSTRUCTION 14. ...................................................................................SP-7 MATERIAL STORAGE .............................. ................................................................ SP-7 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS ..................... ....................................... ................................. SP-7 16. INCREASE OR DECREASE IN QUANTITIES...........................................................SP-7 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS..................................SP-7 18. EQUAL EMPLOYMENT PROVISIONS......................................................................SP-8 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE .................. ......................................................................... SP-8 20. FINAL CLEAN UP...........................................................................................SP-10 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW...........................................................................................SP-10 22. SUBSTITUTIONS.....................................................................................................SP-13 23. MECHANICS AND MATERIALSMEN'S LIEN...........................................................SP-13 24. WORK ORDER DELAY...........................................................................................SP-13 25. CALENDAR DAYS.................................................................................................. SP-13 26. RIGHT TO ABANDON............................................................................................. SP-14 27. CONSTRUCTION SPECIFICATIONS..................................................................... SP-14 28. MAINTENANCE STATEMENT................................................................................SP-14 29. DELAYS....................................................................................................... SP-14 30. DETOURS AND BARRICADES............................................................................... SP-14 31. DISPOSAL OF SPOIL/FILL MATERIAL.................................................................. SPA 5 32. QUALITY CONTROL TESTING.............................................................................. SPA 5 33. PROPERTY ACCESS............................................................................................ SP-16 34. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES ...................... SP-16 35. WATER DEPARTMENT PRE-QUALIFICATIONS................................................... SP-16 36. RIGHT TO AUDIT.................................................................................................... SP-16 37. CONSTRUCTION STAKES ................................................... SPA 7 38. LOCATION OF NEW WALKS AND DRIVEWAYS ................................................. SPA 7 39. EARLY WARNING SYSTEM FOR CONSTRUCTION .............................................. SP-17 40. AIR POLLUTION WATCH DAYS............................................................................. SPA 8 City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SPA of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41. PAY ITEM - PAVEMENT - UNCLASSIFIED STREET EXCAVATION -- REMOVE ... SP-20 42. PAY ITEM - PAVEMENT - NON GREEN CEMENT INSTALL ................................ SP-20 43. PAY ITEM - CURB - 7 INCH - INSTALL„.............................................................. SP-21 44. PAY ITEM - RETAINING WALL - INSTALL............................................................. SP-21 45, PAY ITEM - CURB - CURB AND GUTTER AS DIRECTED BY INSPECTOR -- REPLACE................................................................................................. SP-21 46. PAY ITEM - PAVEMENT - TRANSITION - MIN 6 INCH HMAC ............................... SP-21 47. PAY ITEM - PIPE - 6 INCH SUBDRAIN W/ GRAVEL AND FILTER FABRIC - INSTALL............................. I ...................................................... I.......... SP-21 48. PAY ITEM - SAFETY SYSTEM > 5 FOOT DEPTH - INSTALL ................................ SP-22 49. PAY ITEM - PAY ITEMS - SUBGRADE - 8 INCH LIME STABILIZED -- INSTALL and SUBGRADE - LIME FOR STABILIZATION - INSTALL .......................................... SP-22 50. PAY ITEM - PAVEMENT - 6 INCH HMAC - INSTALL ............................................. SP-22 51. PAY ITEMS - WALK - INSTALL, CURB & GUTTER - INSTALL, WALK - ADA WHEELCHAIR RAMP - INSTALL, AND DRIVEWAY - INSTALL ............................ SP-23 52. PAY ITEMS - WALK - REMOVE, CURB & GUTTER - REMOVE, WALK - ADA WHEELCHAIR RAMP REMOVE, AND DRIVEWAY - REMOVE ........................... SP-24 53. PAY ITEMS - WALK - STEPS - REMOVE and WALK - STEPS - INSTALL ......... SP-24 54. PAY ITEMS - FENCE - REMOVE and FENCE - INSTALL ..................................... SP-24 55. PAY ITEM - CURB & GUTTER - 7 INCH W/ 18" GUTTER - INSTALL ...................SP-25 56. PAY ITEMS - MAILBOX - REMOVE and MAILBOX - INSTALL ............................. SP-25 57. PAY ITEM - FILL MATERIAL - BORROW- INSTALL ............................................. SP-25 58. PAY ITEM - PAVEMENT - VALLEY GUTTER - INSTALL ....................................... SP-26 59. PAY ITEM - UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL - INSTALLSP-26 60. PAY ITEM - STORM WATER POLLUTION PREVENTION > Than 1 AC SWPPP - INSTALL................................................................................................. SP-26 61. PAY ITEM - TRAFFIC CONTROL - INSTALL......................................................... SP-29 62. PRE BID ITEM - SIGN - PROJECT DESIGNATION -- INSTALL.............................SP-29 63. PRE BID ITEM - UTILITY ADJUSTMENT -- REPAIR ............................................... SP-30 64. PRE BID ITEM - TOP SOIL - INSTALL .................................................................... SP-30 65. PRE BID ITEM - VALVE BOX - ADJUSTMENT - SERVICES ................................. SP-30 66. PRE BID ITEM - MANHOLE - ADJUSTMENT - SERVICES ................................... SP-30 67. PRE BID ITEM - METER BOX - ADJUSTMENT - SERVICES ................................ SP-31 68. PAY ITEM - PAVEMENT - SILICONE JOINT SEALANT -- INSTALL ....................... SP-31 69. NON -PAY ITEM - ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT ..... SP-35 70. NON -PAY ITEM - CLEARING AND GRUBBING...................................................... SP-36 71. NON -PAY ITEM - SPRINKLING FOR DUST CONTROL .......................................... SP-36 72. NON -PAY ITEM - PROTECTION OF TREES, PLANTS AND SOIL ......................... SP-36 73. NON -PAY ITEM - CONCRETE COLORED SURFACE ............................................ SP-37 74. NON -PAY ITEM - PROJECT CLEAN-UP................................................................. SP-37 75. NON -PAY ITEM - PROJECT SCHEDULE................................................................ SP-37 City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-2 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 76. SCHEDULE TIERS SPECIAL INSTRUCTIONS.......................................................SP-40 77. NON -PAY ITEM - NOTIFICATION OF RESIDENTS ................................................ SP-40 78. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..................................................................................... SP-41 79. NON -PAY ITEM - PRE -CONSTRUCTION NEIGHBORHOOD MEETING ............... SP-41 80. NON -PAY ITEM - WASHED ROCK.......................................................................... SP-41 81. NON -PAY ITEM - SAWCUT OF EXISTING CONCRETE........................................SP-41 82. NON PAY ITEM - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES................................................................................................. SP-42 83. NON PAY ITEM - TIE IN INTO STORM DRAIN STRUCTURE ................................ SP-42 84. NON PAY ITEM - SPRINKLER HEAD ADJUSTMENT ............................................ SP-42 85. NON PAY ITEM - FEE FOR STREET USE PERMITS AND RE -INSPECTIONS ...... SP-42 86. NON PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................ SP-42 NOTE - CONSULTANT AND CITY PM. MAKE SURE TOC IS UPDATED TO HAVE ANY ADDED OR DELETED SECTIONS AND THAT THE PAGE NUMBERS MATCH. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-3 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: Shiver Road CITY PROJECT NO.: 01394 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: 2,600 SQUARE FEET OF CONCRETE PAVING and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids: Unit I and Unit II constitute a package. If the Contractor submits a bid on both Unit I and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. Note -- above paragraph can be deleted, if only one unit is being bid. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City Council the best bidlthat is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Design Consultant, and City shall meet at the call of the City for a preconstruction conference before any work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. 5. BID SUBMITTAL: Bidders shall submit a complete package, including ALL completed forms that must be submitted with the Proposal (including Vendor Compliance to State Law. Failure to provide a complete bid package may be grounds for designating bids as "non -responsive" and rejecting bids as appropriate and as determined by the Director of the Transportation and Public Works Department. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07128/2010 Page SP-4 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the ENGINEER per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: Compliance with and Enforcement of Prevailing Wage Laws Dutv to Dav Prevailina Waae Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), 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. Penaltv 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. Complain its of Violations and Citv 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 31st 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 City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07IM2010 Page SP-5 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 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. 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 do 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 11 th 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. 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 the Audit section of these contract documents shall pertain to this inspection. Pav Estimates. With each partial payment estimate 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. Postinq of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 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. (Wage rates are attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date- 07/28/2010 Page SP-6 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Any damage to utilities and any losses to the utility or City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Transportation and Public Works Department NOTE — CONSULTANT/CITY PM - VERIFY IF THIS IS AN APPROPRIATE STATEMENT FOR THIS PROJECT. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission in writing from the property owner and storage of material on the private property complies with current City zoning requirements for the use of property for storage purposes. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Design Consultant to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Design Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged city of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-7 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury* or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In _ accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after bid opening. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-8 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non -responsive to specifications. Contractor shall provide copies of subcontracts or co -signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed MMBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non- responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall: Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-9 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the ENGINEER. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include -- removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general restoring the worksite to an orderly appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor"' in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, _ without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SPA of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-11 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of. coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and T stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-12 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the ENGINEER to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed, the substitution must be approved by the City. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the ENGINEER, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub -section as related to "substitutions" shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right- of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. CALENDAR DAYS: The Contractor agrees to complete the Contract within the allotted number of calendar days. City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMQ Release Date: 07/2812010 Page SP-13 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 26. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2r'd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call -out for the pay item by the ENGINEER. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. NOTE TO CONSULTANTS AND CITY PM — REFERENCE APPROPRIATE SECTION OF BLUE BOOK OR NCTCOG FOR EVERY PAY ITEM (IN THE PROPOSAL) AND OTHER NON -PAY ITEMS 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be - presented by the Contractor to the Director of the Transportation and Public Works Department and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the ENGINEER to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the _ Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by ENGINEER by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/2812010 Page SP-14 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Construction signing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Transportation and Public Works acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items tQ be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. City of Fort Worth, Texas Spedal Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-15 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. - 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the ENGINEER. 34. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: °WARNING —UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall 1 be given the power company which will erect temporary mechanical barriers, de - energize the line or raise or lower the line. The work done by the power company T shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to the power company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the power company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 35. WATER DEPARTMENT PRE -QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre -qualified with the Water - Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-16 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES: The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. <LIST SPECIFIC STAKING THAT WILL BE PROVIDED IF DIFFERENT FROM THE FOLLOWING>. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the ENGINEER, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS: The Contractor will make every effort to protect existing trees within the parkway, with the approval of the ENGINEER, the Contractor may re -locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-17 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor ' receives such a letter, the Contractor shall provide to the City an updated _ schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Transportation and Public Works and the Water Department will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Transportation and Public Works Department's Public Information Officer. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Transportation and Public Works Department will, if necessary, then forward updated notices to the interested individuals. 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1 through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment bums Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-18 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, the calendar days allowed may be adjusted. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-19 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS CONSTRUCTION NOTE TO CONSULTANTS AND CITY PM - AN ITEM FOR EVERY PAY ITEM (IN THE PROPOSAL) SHALL BE INCLUDED IN THIS SECTION. UNLESS THE DESCRIPTION, MATERIALS, CONSTRUCTION METHODS. MEASUREMENT. AND PAYMENT SECTIONS IN THE BLUE BOOK ARE ALL APPLICABLE AND NOTHING NEEDS TO BE CHANGED BY THESE SPECIAL PROVISIONS. DO NOT INCLUDE PAY ITEM SECTIONS FOR ITEMS THAT ARE NOT IN PROPOSAL. 41. PAY ITEM - PAVEMENT - UNCLASSIFIED STREET EXCAVATION - REMOVE (BID- 00472): See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Removal of existing concrete pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the ENGINEER. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, 'then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM - PAVEMENT - NON GREEN CEMENT -- INSTALL (BID-00429): (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Concrete pavement acceptance shall be as set forth in "Concrete Pavement Acceptance" within these Special Provisions. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the ENGINEER. Screeds will not be allowed except if approved by the ENGINEER. NOTE TO CONSULTANTS AND CITY PM - MAKE SURE THE PROPOSAL INCLUDES THE DEPTH OF PAVEMENT IN INCHES IN THE ITEM DESCRIPTION. IF GREEN CEMENT IS REQUIRED, USE A DIFFERENT STD PAY ITEM. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-20 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 43. PAY ITEM - CURB - 7 INCH - INSTALL (BID-00843): The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 44. PAY ITEM - RETAINING WALL -INSTALL (BID-004111: This item will consist of placing retaining walls in locations and at heights determined by the ENGINEER in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows: Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall with Sidewalk" where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected. Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 45. PAY ITEM - CURB - CURB & GUTTER AS DIRECTED BY INSPECTOR - REPLACE (BID-00844): This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the ENGINEER in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "CURB - CURB & GUTTER AS DIRECTED BY INSPECTOR -- REPLACE" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 46. PAY ITEM - PAVEMENT - TRANSITION - MIN 6 INCH HMAC -- INSTALL (BID-00471): This item will consist of the furnishing and placing an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the ENGINEER. This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton "PAVEMENT - TRANSITION - MIN 6 INCH HMAC - INSTALL" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 47. PAY ITEM - PIPE - 6 INCH SUBDRAIN W/ GRAVEL AND FILTER FABRIC - INSTALL (BID-00924): No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the ENGINEER. City of Fort Worth, Texas Speclal Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-21 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 48. PAY ITEM - TRENCH SAFETY SYSTEM > 5 FOOT DEPTH -- INSTALL (BID-00372): Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 49. PAY ITEMS - SUBGRADE - 8 INCH LIME STABILIZED -- INSTALL (BID-00486) and SUBGRADE - LIME FOR STABILIZATION -- INSTALL (BID-00496): See Standard Specifications Item No. 210, "Lime Treatment (Material Manipulation)" and Specification Item No. 212, "Hydrated Lime and Lime Slurry" for specifications governing the items. Quantities for these pay item are approximate and are given only to establish a unit price for the work. The price bid per square yard for "SUBGRADE - 8 INCH LIME STABILIZED -- INSTALL" as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the work. The price bid per ton for "SUBGRADE - LIME FOR STABILIZATION - INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work. 50. PAY ITEM - PAVEMENT - 6 INCH HMAC - INSTALL (BID-00451): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course placed in one lift. All provisions of Standard Specification No. 312.7 `Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot -mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the ENGINEER. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-22 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than Y2 of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot -mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre -Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type "B" and for Type "D" asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied. Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness. 51. PAY ITEMS - WALK — INSTALL (BID-00528). CURB & GUTTER — INSTALL (BID- 00423). WALK — ADA WHEELCHAIR RAMP INSTALL (BID-01227). AND DRIVEWAY ~ INSTALL (BID-00401) Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks, wheelchair ramps and driveways as shown in the plans. This provision governs the sequence of work City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-23 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division, TPW. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed, which includes backfilling and finished grading. The price bid per square foot for "WALK - INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item. The price bid per linear foot for "CURB & GUTTER - INSTALL " as shown in the Proposal will be full payment for materials necessary to complete the work for that item. The price bid each ton for "WALK - ADA WHEELCHAIR RAMP INSTALL " as shown in the Proposal will be full payment for materials necessary to complete the work for that item. The type of ramp shall be per plan and shall be called out in the Proposal item. The price bid per square foot for "DRIVEWAY - INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item. 52. PAY ITEMS - WALK - REMOVE (BID-00529). CURB & GUTTER - REMOVE (BID- 00424). WALK - ADA WHEELCHAIR RAMP REMOVE (BID-00533). AND DRIVEWAY - REMOVE (BID-00402): These items include removal of existing concrete sidewalks, driveways, steps, leadwalks and/or wheelchair ramps at location shown on the plans or as designed by the ENGINEER. See Item No. 104 "Removing Old Concrete", for Specifications goveming this item. 53. PAY ITEMS - WALK - STEPS - REMOVE (BID-00537) and WALK - STEPS INSTALL (BID-00536): - See Standard Specification Item No. 516, "Concrete Steps" for specifications governing this item as well as Detail SM-3. The price bid per square foot for "WALK - STEPS - REMOVE" and "WALK - STEPS - INSTALL" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the removal and construction of the concrete steps. 54. PAY ITEMS - FENCE - REMOVE (BID-00127) and FENCE - INSTALL (BID-00126): This item shall include the removal and reconstruction (or installation of new)of the existing fence at the locations shown on the plans or where deemed necessary by the ENGINEER. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07128=10 Page SP-24 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work for each. 55. PAY ITEM - CURB & GUTTER - 7 INCH W/ 18" GUTTER - INSTALL (BID-00426): All provisions of Standard Specification No. 502 `Concrete Curb, and Gutter shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete. Standard Specifications Item No. 502, shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand (3,000) pounds per square inch in twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. 56. PAY ITEMS - MAILBOX - REMOVE (BID-00408) and MAILBOX - INSTALL (BID- 00407) This item includes the removal and reconstruction of existing mailboxes within the right of way which may be damaged or removed during construction. When possible, the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition. All applicable provisions of City of Fort Worth Construction Standards shall apply. 57. PAY ITEM - FILL MATERIAL - BORROW- INSTALL (00543): The non -expansive earth fill should consist of soil materials with a liquid limit of 35 or less, a plasticity index between 8 and 20, a minimum of 35 percent passing the No. 200 sieve, a minimum of 85 percent passing the No. 4 sieve, and which are free of organics or other deleterious materials. When compacted to the recommended moisture and density, the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec, as determined by laboratory testing of remolded specimens of the actual materials proposed for the non -expansive earth fill. The price bid per cubic yard for "FILL MATERIAL - BORROW- INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-25 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 58. PAY ITEM - PAVEMENT - VALLEY GUTTER - INSTALL (BID-00473): This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the ENGINEER and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item 314 "Concrete Pavement", 312 "Hot -Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. 59. PAY ITEM - UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL -- INSTALL (BID- 00101): Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area (if any). Payment will be made for the quantity of earth excavated/backfilled from the trench in cubic yards. The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench may be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications and approval of the ENGINEER. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be, but not limited to: rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. 60. PAY ITEM - STORM WATER POLLUTION PREVENTION > Than 1 AC SWPPP INSTALL (BID-00100): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a _ Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-26 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 61. PAY ITEM - TRAFFIC CONTROL - INSTALL (BID-00181): The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although work will not begin•until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the `Notice to Proceed' issued the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above -referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer. The lump sum pay item for traffic control shall cover design, and / or installation and maintenance of the traffic control plans. 62. PRE BID ITEM - SIGN - PROJECT DESIGNATION - INSTALL (BID-00504): The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the ENGINEER. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the ENGINEER. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of %" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-29 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS or as directed by the ENGINEER and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to .the support and maintenance shall be to the satisfaction of the ENGINEER. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 63. PRE BID ITEM - UTILITY ADJUSTMENT - REPAIR (BID-00414): This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor' responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the ENGINEER. No payment will be made for utility adjustments except those adjustments determined necessary by the ENGINEER. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 64. PRE BID ITEM - TOP SOIL - INSTALL (BID-00147): The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on -site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 65. PRE BID ITEM - VALVE BOX - ADJUSTMENT - SERVICES (BID-00847): Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 66. PRE BID ITEM - MANHOLE - ADJUSTMENT - SERVICES (BID-00849): This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the ENGINEER. Standard Specification Item No. 450 shall apply except as follows: City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SP-30 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Included as part of this pay item shall be the application of a cold -applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 67. PRE BID ITEM - METER BOX - ADJUSTMENT - SERVICES (BID-00848): This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.1' of specified parkway grade. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 68. NON PAY ITEM - PAVEMENT - SILICONE JOINT SEALANT CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the ENGINEER certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the ENGINEER. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-31 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 2.3 Self -Leveling Silicone Joint Sealant The joint sealant shall be Dow Coming 890-SL self -leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686- 0994, or an approved equal. Self-Levelinq Silicone Joint Sealant Test Method Test Reauirement AS SUPPLIED Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 "*** Skin -Over Time, minutes max. 60 **** Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED - ASTM D 412, Die Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw -cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail' sheet or as directed by the ENGINEER within 12 hours of the pavement placement. (Note that for the "dummy" joints, tfie initial 1/4 inch width "green" saw -cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-32 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the ENGINEER prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw -cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow -tube shall fir into the saw -cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw -cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high City of Fort Worth, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SP-33 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS pressure water. The water flushing shall be done in one -direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown -out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack -free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the ENGINEER the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the ENGINEER a manufacturer's written guarantee on all City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-34 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOIJ: If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre -construction meeting a TCEQ Notice of Intent (NOI) form prepared by the ENGINEER. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $325 application fee (if mailed) or $225 (if e- filed). The NOI shall be mailed to: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) P.O. Box 13087 Austin, TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) 12100 Park 35 Circle Austin, TX 78753 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the ENGINEER. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) P.O. Box 13087 Austin, TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) 12100 Park 35 Circle Austin, TX 78753 A copy of the NOI and NOT shall be sent to: City of Fort Worth City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2W010 Page SP-27 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Department of Environmental Management 1000 Throckmorton Street Fort Worth, TX 76102 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Transportation and Public Works. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY — DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the ENGINEER shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The Contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the ENGINEER for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the Contractor must be prepared and submitted by the Contractor to the ENGINEER for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the ENGINEER for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-28 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the ENGINEER a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the ENGINEER. 7. BASIS OF PAYMENT All costs associated with concrete joint sealant shall be subsidiary to the concrete item and no other compensation will be provided. 69. NON -PAY ITEM - ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT: The concrete pavement acceptance policy shall be as follows: A. Penalty for Deficient Pavement Thickness. There shall be no acceptance of deficient pavement thickness other than the tolerances specified below. 1. Pavement thickness deficiency up to 0.25-inch will be considered as satisfactory and the contract unit price will be used for payment if the average thickness within the project meets or exceeds the specified designed thickness. 2. Deficiencies of greater than 0.25-inch shall be removed and replaced with pavement of plan thickness at contractor's entire expense. B. Cracked Concrete Acceptance Policy. If cracks exist in concrete pavement upon completion of the project, the Project Inspector shall make a determination as to the need for action to address the cracking as to its cause and recommended remedial work. If the recommended remedial work is routing and sealing of the cracks to protect the subgrade, the Inspector shall make the determination as to whether to rout and seal the cracks at the time of final inspection and acceptance or at any time prior to the end of the project maintenance period. The Contractor shall perform the routing and sealing work as directed by the Project Inspector, at no cost to the City, regardless of the cause of the cracking. If remedial work beyond routing and sealing is determined to be necessary, the Inspector and the Contractor will attempt to agree on the cause of the cracking. If agreement is reached that the cracking is due to deficient materials or workmanship, the Contractor shall perform the remedial work at no cost to the City. Remedial work in this case shall be limited to removing and replacing the deficient work with new material and workmanship that meets the requirements of the contract. If remedial work beyond routing and sealing is determined to be necessary, and the Inspector and the Contractor agree that the cause of the cracking is not deficient materials or workmanship, the City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP-35 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS City may request the Contractor to provide an estimate of the cost of the necessary remedial work and/or additional work to address the cause of the cracking, and the Contractor will perform that work at the agreed -upon price if the City elects to do so. If remedial work is necessary, and the Inspector and the Contractor cannot agree on the cause of the cracking, the City may hire an independent geotechnical engineer to perform testing and analysis to determine the cause of the cracking. The contractor will escrow 50% of the proposed costs of the geotechnical contract with the City. The Contractor and the City shall use the services of a geotechnical firm acceptable to both parties. If the geotechnical engineer determines that the primary cause of the cracking is the Contractor's deficient material or workmanship, the remedial work will be performed at the Contractor's entire expense and the Contractor will also reimburse the City for the balance of the cost of the geotechnical investigation over and above the amount that has previously been escrowed. Remedial work in this case shall be limited to removing and replacing the deficient work with new material and workmanship that meets the requirements of the contract. If the geotechnical engineer determines that the primary cause of the cracking is not the Contractor's deficient material or workmanship, the ' City will return the escrowed funds to the Contractor. The Contractor, on request, will provide the City an estimate of the costs of the necessary remedial work and/or additional work and will perform the work at the agreed -upon price as directed by the City. 70. NON -PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 71. NON -PAY ITEM - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. _ 72. NON -PAY ITEM - PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-36 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS by calling the Forestry Office. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 73. NON -PAY ITEM - CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry -shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers' instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the ENGINEER, meeting the aforementioned specifications. The sample, upon approval of the ENGINEER, shall be the acceptable standard to be applied for all construction covered in the scope of this Non -Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 74. NON -PAY ITEM - PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the ENGINEER as the work progresses or as needed. If, in the opinion of the ENGINEER it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off other properties. If the ENGINEER does not feel that the jobsite'has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the ENGINEER. 75. NON -PAY ITEM - PROJECT SCHEDULE: Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2812010 Page SP37 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for - creating the schedule files are: - Primavera (Version 6.1 or later or approved by OWNER) - Primavera Contractor (Version 6.1 or later or approved by OWNER) - Primavera SureTrak (Version 3.x or later or approved by OWNER) - Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules. A qualified Project Scheduler would have the following minimum capabilities and experience. a. Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling software systems as defined in this specification. b. Knowledge of Critical Path Method of scheduling and the ability to analyze schedules to determine duration, resource allocation, and logic issues. c. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed, maintained, and progressed that accurately represents the scope of work performed. 75.(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall develop, submit and review the draft detailed baseline construction schedule with the OWNER to demonstrate the CONTRACTOR's understanding of the contract requirements and approach for performing the work. The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments, if any. The CONTRACTOR's first (1st) payment application will only be processed after the detailed baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. The following guidelines shall be adhered to in preparing the baseline construction schedule. a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements, and completion time. b. The construction progress shall be divided into activities with time durations no greater than 20 work days. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. The critical path shall be clearly shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub- CUy of Fort Worth, Texas Special Provisions For Street and Stone Draln Improvements PMO Release Date: 07/2a/2010 Page SP-38 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS activities in enough detail to achieve sub -activities of no greater than 20 days duration. The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts applicable to the project, the construction schedule shall indicate the following: procurement, construction, pre -acceptance activities, and events in their logical sequence for equipment and materials. Include applicable activities and milestones such as: 1. Milestone for formal Notice to Proceed 2. Milestone for Final Completion or other completion dates specified in the contract documents 3. Preparation and transmittal of submittals 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10. Final inspection 11.Operational testing 75(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with Section 81 and 82 and the OWNER's Schedule Guidance Document inclusive. As the Work progresses, the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. The updated schedule submittal shall also include a concise narrative report that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the OWNER should be aware of or can assist with, • Other schedule -related issues that the CONTRACTOR wishes to communicate to the OWNER. a. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates, submitted in the time and manner required by this specification and the Schedule Guidance Document, and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification. c. Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/2a/2010 Page SP-39 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 75(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. 76. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents. The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost -loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) shall be loaded into the scheduling software using the "NON -LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars. It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: Labor resources (Man -Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. 77. NON -PAY ITEM - NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw -cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw -cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. City of Fort Worth, Texas Special Provisions For Street and Storm Draln Improvements PMO Release Date: 07128/2010 Page SP40 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 78. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, City Project No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre -construction notification' flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office. All work involved with the pre -construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 79. NON -PAY ITEM — PRE -CONSTRUCTION NEIGHBORHOOD MEETING: After the pre -construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the ENGINEER. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre -construction conference but in no case will construction be allowed to begin until this meeting is held. 80. NON -PAY ITEM - WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the ENGINEER shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained in 0-10 1 /2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131. 81. NON -PAY ITEM — SAWCUT OF EXISTING CONCRETE: City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-01 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 82. NON PAY ITEM — LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before repaving commences for a particular street. The Contractor shall attempt to include the ENGINEER (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before repaving begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the repaving is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 83. NON PAY ITEM — TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. 84. NON . PAY ITEM — SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under "UTILITY ADJUSTMENT" in the proposal section. No other compensation will be provided. 85. NON PAY ITEM - FEE FOR STREET USE PERMITS AND RE -INSPECTIONS: Contractor is required to secure a Street Use Permit, issued by the City of Fort Worth Transportation and Public Works Permit Center (817-392-6594) prior to any work in public right of way. Permit will not be issued without a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas. Failure to acquire the proper permit and permission may result in a fine of $500/day to the contractor performing the work. Payment by the contractor for all Street Use Permits shall be considered subsidiary to the contract cost and no additional compensation shall be made. 86. NON PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the ENGINEER for the duration of the contract. These control measures shall at no time be used as a City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-42 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS substitute for the permanent control measure unless otherwise directed by the ENGINEER and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, slope drains and other devices. All inlet protection measures shall be designed to allow for runoff to freely overflow into the inlet during a flood event. B. Further, erosion control measures placed in front of inlets, or in channels, drainageways or barrow ditches will be at the risk of the contractor. Contractor shall remain liable for any damage caused by the measures, including flooding damage which may occur due to blocked drainage. At the conclusion of any project, all channels, drainageways and barrow ditches in the work zone shall be dredged of any sediment generated by the project or deposited as a result of as a result of erosion control measures. Any such dredging must comply with all Federal, State and local regulations. C. CONSTRUCTION REQUIREMENTS: The ENGINEER has the authority to define erodible earth and the authority to limit the surface are of erodible -earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the ENGINEER as necessary to control soil erosion. Temporary pollution - control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The ENGINEER will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the ENGINEER. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the ENGINEER, mechanized equipment shall not be operated in live streams. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-43 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 2. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 3. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 4. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. D. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil -erosion -control work and his plan to keep the area of erodible -earth material to a minimum. He shall also submit for acceptance his proposed method of soil -erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil -erosion control schedules and methods of operations have been reviewed and approved by the ENGINEER. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. City of Fort Worth, Texas Special Provisions For Street and Storm Drain Improvements PMO Release Date: 07/28/2010 Page SP-44 of 45 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (To be printed on Contractor's Letterhead) Date: City No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LBUTS OF CONST.: Estimated Duration of Construction on your Street : days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL 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.> X. 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, Texas Special Provisions For Street and Storrs Drain Improvements PMO Release Date: 07/28/2010 Page SP-45 of 45 Detailed Specifications for Street Light Installation 1.0 SPECIFICATIONS FOR CONSTRUCTION AND INSTALLATION OF STREET LIGHTS 1.1 These specifications for construction in the City of Fort Worth (the City), where applicable, shall govern the materials and installation of street lights in residential areas, along arterial roadways or on or under bridges. In the event of a conflict, the plan set and detail sheets shall control (Appendix A). These specifications should be used in conjunction with the following standard detail sheets: Street Luminaire General Notes; Street Luminaire Electrical Connection Details; Street Luminaire Pole Foundation Details; Street Luminaire Pole Details; and Ground Box Details. 1.2 This agreement shall consist of installing materials and equipment necessary to complete the street light construction at locations as set out in the task order. The Contractor shall furnish all required materials and equipment not provided by the City, and shall install and shall activate the lighting systems completed in the sequence specified by the Traffic Services Manager or designee. The City will issue task order for work locations via electronic mail. A pre -construction meeting shall be held before any work may commence on the project. The Project Inspector will set the meeting time and place The contractor shall meet with the Project Inspector within five working days after receiving a task order. The work shall commence within ten working days after meeting with the Project Inspector. Invoices will be paid per task order completed and shall be submitted both electronically and by hard copy for processing. 1.3 All installation work shall be in accordance with the applicable sections of the National Electrical Code (NEC), local ordinances and regulations, these specifications, the standard detail sheets accompanying the plans, and those applicable sections of the City's Standard Specifications for Street and Storm Drain Construction. In the event that these specifications should be less restrictive than the NEC, the NEC shall prevail. Any deviation from these specifications or standard detail sheets shall be considered unacceptable unless authorized in writing by the Traffic Services Manager, or designee. All workmanship shall be of the highest quality. Finished work shall be neat and uncluttered in appearance. The City will have the authority to bar from this project any Contractor's employee whose work is judged substandard and unacceptable by the project City Inspector with approval of the Traffic Services Manager. The Contractor shall schedule his work so as to cause the minimum interference with traffic on surrounding roadways. Existing lighting systems may be shut down for modification and/or equipment installation only with the approval of the Traffic Services Manager or his designee with a minimum of 48 hour notice. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 1 The Contractor's responsibility in regard to street light installation work shall consist of the following items: 1.3.1 Furnishing and / or installing street light equipment including: structures, conduits, ground boxes, luminary assemblies, conductors, concrete, reinforcing steel, forms for structure foundations, grouting materials, painting materials, miscellaneous nuts, bolts, and washers, and all other miscellaneous equipment as required to complete the project, including all necessary barricades or devices required to maintain proper traffic control in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). Installing and connecting equipment supplied by the City. 1.3.2 Maintaining existing lighting system operations including providing all materials and labor. 1.3.3 Removing and salvaging any existing lighting equipment as designated in the plans. 1.3.4 It shall be the responsibility of the contractor to perform the following at no additional compensation: • Prevent any property damage to property owner's poles, fences, landscaping, mailboxes, etc., and repair any damages. • Provide access to all driveways during construction. • Protect all underground and overhead utilities, including sprinkler systems, erosion control and repair any and all damages. • In developed areas, it shall be contractors responsibility to provide sod and replace any shrubbery to leave the work site in good cleancondition. 1.4 The Contractor shall coordinate with the Inspector to commence the thirty (30) day test burning period. The Contractor shall have a qualified technician on the project site when the system is energized for the test period. During the thirty (30) day test period, the City shall be the first response to any trouble calls. If the City Troubleshooter determines that the problem is the result of poor workmanship, the Contractor shall complete the repairs. The Contractor shall provide a local telephone number (not subject to frequent changes) where trouble calls are to be received on a 24-hour basis. Appropriate repairs shall be made within 24 hours. If, after further diagnosing the problem, the qualified technician determines the problem is in the equipment supplied by others, the Contractor shall notify the Inspector. NO EXTRA COMPENSATION WILL BE ALLOWED FOR FULFILLING THE REQUIREMENTS STATED ABOVE. 1.5 The City of Fort Worth, Traffic Services Division, will furnish lighting poles and arms and service center enclosures to the project in accordance with the bid proposal. The Contractor shall erect all poles and connect all field wiring to the luminary assembly. The Contractor shall notify the Inspector via e-mail at least 3-working days prior to picking up poles. The Inspector will make arrangements on when and where to pick up the poles. 1.6 The locations of pole foundations, bases, conduit, etc., shown on the plans are approximate. The Contractor shall give the Inspector 48 hours notice of his / her intention Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 2 to establish the final location of any foundations, bases, conduit, etc., and have the locations approved on the ground by the Inspector. 1.7 The location and depth of all utilities shown on the plans are approximate and there may be other unknown utilities existing not shown on the plans that should be field verified and protected by the contractor prior to the start of construction. The contractor shall contact the following utility companies 48 hours prior to doing any work in the area: ■ Dig Tess 1-800-344-8377 ■ City Utility Mains (Water, Sewer) 817-392-8275 • City Traffic Signals, Street Lights and Storm Drains 817-392-8100 ■ Charter Cable 817-246-5538 ■ Southwestern Bell Telephone Enterprise 9800 ■ AT&T 1-800-878-8711 ■ Western Union Cable 214-939-1930 ■ Oncor Electric 1-800-233-2133 ■ Tri-County Electric 817-379-4703 ■ Co -Sere Electric Coop 1-800-274-4014 ■ Atmos Gas 214-263-3444 NOTE: The contractor should be cautious of private gas collection and distribution lines from well sites. 1.8 Whenever the work provided for and contemplated under the contract has been found by the Inspector to be completed to his / her satisfaction on any individual light, or lighting system shown in the plans, final clean up of said location has been performed and the equipment supplied by the contractor has operated continuously for a minimum of thirty (30) days in a satisfactory manner, the Contractor will be released from further maintenance on that particular location or system. Such partial acceptance will be made in writing and shall in no way void or alter any terms of the contract. 1.9 The Contractor, including own employees and employees of subcontractors, shall comply with all applicable safety regulations as established by Occupational, Safety and Health Administration (OSHA), including wearing personal safety equipment and / or harnesses. 1.10 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this Contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING —UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF HIGH VOLTAGE LINES." Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 3 (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage -type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within ten feet of high voltage electric lines, notification shall be given the electric service provider which will erect temporary mechanical _ barriers, de -energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to electric service provider and shall record action taken in each case. (d) The Contractor is required to make arrangements with the electric service provider for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. No person shall work within ten feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 2.0 MATERIALS 2.1 General Notes 2.1.1 It is the Contractor's responsibility to furnish all materials necessary to complete each street light, whether the item is specifically mentioned or not, with the exception of those materials that will be provided by the City as specified in the bid. All unspecified materials (i.e., electrical tape, bolts, and wire nuts, etc.) shall meet the requirements of the National Electrical Code. All materials supplied by the Contractor shall be new un-depreciated stock. 2.1.2 Some sections of these specifications may cite examples of acceptable brands and model numbers of the items described. Items of equal durability, performance, r and design may be substituted upon City acceptance. Bidders may be required to submit to the Traffic Services Division information on materials they desire to furnish and install. A two-year warranty shall be required on all other materials furnished. A list of cities, towns, etc., where the equipment being bid has been in field service for at least two (2) years may be required by the City for reference. If required, the list shall contain names and phone numbers of persons who can be contacted for such reference. If the guidelines listed above are not met, the bid and the equipment shall not be accepted. 2.1.3 If more than one unit of a given bid item is required, the Contractor shall ensure that all units are the product of one manufacturer, unless otherwise directed by the -- Traffic Services Manager or designee. 2.1.4 All materials furnished by the Contractor shall become the property of the City, effective upon successful completion of a 30 day test period. Excent for materials - supplied by the City, the Contractor shall have full responsibility for materials until the date of acceptance with respect to damaee, theft, or loss. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 4 2.1.5 Prior to final acceptance by the City, the Contractor is responsible for removal, replacement and reinstallation of any damaged material at the Contractor's expense, including, but not limited to, grass, irrigation and erosion control. 2.2 Standard Street Luminaire Poles (Section 2.2 is for information only and is not applicable to this bid request since the City will be providing these poles.) 2.2.1 Pole Dimensions Poles shall conform to the "Street Luminaire Detail Sheets" and the dimensional requirements layout therein as provided. Any deviations from the dimensions of the "Street Luminaire Detail Sheets" shall be noted in the bid submittal. 2.2.2 Design Standards Pole Assembly: The pole assembly shall consist of a tapered steel shaft complete with a steel anchor base, conforming to ASTM standard A36/A36M- 03a and A595-98 (2002), of adequate strength and appropriate size, secured to the lower end of the shaft by telescoping the shaft into the base and placing two continuous welds around the pole, one on the end of the shaft and the other at the top of the plate base on poles to be mounted on anchor bolts. On poles to be embedded in the ground, a #7 gauge minimum ground sleeve 24" in length shall be installed at designated height as specified from bottom of pole and secured by two continuous welds around pole at the bottom and top of the sleeve and a #7 gauge minimum steel strap at lease 2" wide shall be welded across the bottom opening of the shaft to support it in the hole. A pole plate or plates will be required as specified near the top of the shaft_ for mounting light arm. The shaft shall be one piece for poles 40' and less; two piece for poles over 40' is optional. Two-piece shafts shall assemble by telescoping the upper section over the lower section with a firm tapered fit. The telescoping length of the joint shall not be less than 1 % times the diameter of the pole at the joint. The telescoping field joint shall not be welded but shall be keyed with a through bolt. The tapered shaft tube or tubes shall have a constant taper of .10" to .14" per linear foot. Strength: Luminaire support and lighting poles shall be designed to withstand test loads equivalent to a velocity pressure of 23.0 PSF at the nominal mounting height above ground line with appropriate coefficients of and with a factor of safety of not less than 1.80. The lighting standard shall also be designed to withstand test loads, which are calculated equivalent of 80 MPH without destruction. Shape: Poles shall be round with a maximum "ovalness" not to exceed 1.5% of the nominal diameter. Measurements shall be made at 90' to each other in the same cross-section. Straightness tolerance shall be no more than 3/8 inch per 20 feet of length, or not more than 1/16 inch in any four -foot section of pole. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 5 NOTE: Actual dimensions of poles to be supplied shall be included in bid submittal. 2.2.3 Design Details 2.2.3.1 Base of Pole: The base anchor hole pattern shall conform to the "Street Luminaire Pole Foundation Details" sheet as provided. The base flange shall be provided with four (4) slip holes for mounting on four anchor bolts. The anchor bolt hole on the base flange shall be slotted. 2.2.3.2 Transformer Bases: When required on the bid form, the standards shall be furnished with an aluminum "Breakaway Base." 2.2.3.3 Breakaway Transformer Base: A cast aluminum breakaway type transformer base with all necessary fittings and attachments shall be furnished so as to afford to the lighting standard the quality of breaking away under vehicular impact. The base shall have a vertical height of 20" to provide bumper area contact with a passenger vehicle and shall _ have the ability to shear on impact when struck by a vehicle of approximately two thousand pounds or more and traveling at a speed of twenty miles per hour or more. It shall meet necessary structural and wind loading requirements and, as a minimum, withstand the effects of a load of five hundred pounds eighteen inches from the tip of the shaft to which the base is attached without any permanent distortion, overstress — or failure. A door opening shall be provided in the side of the base approximately 8" x 10" in size. Aluminum base material shall conform to ASTM B 108 alloy SG 70A-T6. 2.2.3.4 Access Door: A removable access door shall be furnished in the base of the pole assembly, measuring at least 4 inches by 6 inches, secured by #20 stainless steel tamper proof screws. A #20 ground stud shall be provided opposite the access door opening. 2.2.3.5 Anchor Bolts: Anchor bolts shall be provided with each pole. Anchor bolts shall comply with ASTM standard F1554-99. Anchor bolts shall be galvanized steel and shall comply with the dimensional requirements as set out in the "Street Luminaire Pole Base Detail Sheet" as shown under "Anchor Bolt Detail" as provided. 2.2.3.6 Pole Cap: The pole cap shall be sloped to shed rain and shall be secured with at least three locking screws. The pole cap shall be made of cast aluminum or pot steel. Cast iron is not acceptable. 2.2.3.7 Arms: Arms shall be capable of withstanding a test load, the calculated equivalent of an 80 MPH wind. Luminaire arms shall be capable of supporting 75 pounds of weight with a 3 square feet luminaire surface. 2.2.3.8 Support Arm Mounting Flange: The pole shall have a simplex fitting plate conforming to the "Street Luminaire Pole Details" sheet as provided. The plate shall have two-'h inch tapped diameter holes, 4 inches apart to secure the support arm to the pole. The plate shall accept a saddle plate on the support arm. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 6 A hole shall be provided in the pole flange that is not less than 1-1/2 inches in diameter. The hole shall be smooth and free of burrs so as to prevent damage to cable jacketing when pulled through the opening. Extra pole mounting flanges are a line on the itemized bid list. These flanges shall not be galvanized to permit welding to the pole to make repairs or modify the pole to accept truss type support arms. 2.2.3.9 Finish: The pole shall be hot dipped galvanized, unless otherwise required in the bid items list. All galvanized materials shall be dipped in accordance to ASTM A123 / A123M-01 standard. Each component must be completely coated in a single dip. Double dipped materials will not be accepted. The finish shall be smooth and free of imperfections. 2.3 Luminaires (Cobra Head Tvpel 2.3.1 General Specifications All luminaires shall be adapted for both 1'/4" and 2" adjustable slip fitter mounting with leveling screws to securely clamp to mast arm or bracket. Two clamping brackets shall be provided to prevent the head from turning from wind or vibration. All luminaire housings shall be cast or drawn from a non-ferrous alloy and shall be free of cracks and excessive porosity. The exterior surface shall have uniform natural aluminum or painted finish. Mogul base sockets shall be nickel -plated copper and shall be rigidly attached to a high-grade porcelain base, which shall extend and completely enclose the metal shell. Sockets shall be mounted to provide for latest requirements for the IES-ANST Standards for highway and roadway lighting. Sockets shall be of one-piece construction; no split socket construction acceptable. All nuts, screws, clips, washers and attaching hardware shall be fabricated from highly corrosion resistant alloys. Lamp shall be mounted in a horizontal position. The optic assembly shall be provided with resilient gaskets and so constructed that a positive seal against weather and other contaminates will be maintained. The hinge shall be lift-off type with a means for preventing unintentional separation. The latch shall be an automatic type or quick release thumb latch and designed such that a spring failure will not cause the refractor assembly to open. The reflector shall be processed to a highly specular finish. It shall be secured in such a manner that no tools will be necessary for removal or replacement. The edges of the reflector if not covered by a gasket, shall be smooth and all comers rounded to prevent injury to bare hands. The reflector shall have sufficient strength to prevent being distorted during routine operations. The refractor shall be crystal clear glass with refracting prism (IES Type III, semi -cut off, unless otherwise specified). 2.3.2 Ballasts Ballasts shall be the regulated type designed to operate high-pressure sodium or metal halide lamps in a horizontal position, and manufactured by Advance (or approved equal), voltage to be specified, on each order. Total assembled weight Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 7 of luminaire and ballast shall not exceed 50 pounds on 400-watt units and 75 pounds on 1000-watt units. Ballast input wattage during fluctuations of the primary voltage of plus 5% or minus 10% shall not exceed the value given in the table below: Lama Wattaize Maximum Ballast Input (Average for Group Sample) - 100 145% of Normal lamp Wattage 150 145% of Normal lamp Wattage 200 130% of Normal lamp Wattage 250 130% of Normal lamp Wattage 400 130% of Normal lamp Wattage 1000 130% of Normal lamp Wattage _ Lamp wattage shall average within plus or minus 3% of wattage measured at nominal line voltage applied to the ballast, shall not be less than 0.90. Each ballast shall permanently and clearly indicate the following: Type, Catalog Number, Voltage Rating, and Connection Diagram 2.3.3 Starter The Electrical starter shall be a solid-state device capable of withstanding ambient temperature of 85 degree C. All components shall be sealed and protected from dirt, moisture, or other foreign material. The starter shall have a minimum pulse repletion rate of 1 pulse per cycle. The minimum amplitude of the pulse shall be 2500 volts for the 100, 150, 200, 250, and 400 watt lamp; 3000 volts for the 1000 watt lamp, and shall be applied within 20 electrical degrees of the center of the open circuit voltage wave. 2.3.4 Receptacle for Photo Electric Eye T Luminaires with 120/208/240/277 volt multi tap ballast shall be furnished with receptacle for photo electric eye. 2.4 Antique Stvle Pole (Section 2.4 is for information only and is not applicable to this bid request since the City will be providing these poles.) 2.4.1 Lantern Assemblv The lantern shall conform to the following specifications and description: 2.4.1.1 Dimensions: The lantern shall be approximately 33 inches high overall and approximately 16 inches in overall diameter. 2.4.1.2 Globes: All globes shall have 8 inch opening with spun aluminum collar to prevent set screws from meeting with any part of the acrylic globe. Each style of globe shall be available to purchase with or without the lantern. All mounting hardware and screws shall be stainless steel. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 8 2.4.1.3 If finial is requested, the finial shall be composed of cast aluminum & shall be fastened to the globe with machine bolt from inside the globe and shall be sealed with a silicon style adhesive. 2.4.1.4 Globe I: This globe shall be a one-piece UV resistant DR Acrylic globe equal to or greater than Dynamic Lighting Globe # AO25DR-CL or Lightning Inc. Globe # FP127. 2.4.1.5 Globe II: This globe shall be a two piece made up of the globe and roof. The globe shall meet American Association of State Highway and Transportation Officials (ASSHTO) Type III refractive pattern with house side cut-off. It shall be composed of clear acrylic material that is ultra -violet resistant for up to 10 years and shall be heat resistant. The globe shall be equal to or better than Dynamic Lighting globe # ARP23/AC8/T3. The globe roof shall be a vertically ribbed "Fort Worth" style with no finial. It shall be composed of clear impact -resistant acrylic material that is ultra -violet resistant for up to 10 years and shall be heat resistant. The roof shall have a one piece stainless steel band to make a single permanent assembly that is sealed with a utility grade silicone. The roof shall come with a semi -cut off reflector. The reflector shall be a one- piece aluminum assembly treated with an ALZAK process. 2.4.1.6 Globe III: This globe shall be a two-piece assembly made up of the globe and the roof. The globe shall meet American Association of State Highway and Transportation Officials (ASSHTO) Type III or Type V refractive pattern. It shall be composed of a clear impact -resistant acrylic material that is ultra -violet resistant for up to 10 years and shall be heat resistant. The globes shall come with a house side cut-off and shall be equal to or greater than Dynamic Lighting globe AO28AC-T3 or AO28AC-T5 Series. The globe roof shall be "Victorian" style with no finial. It shall be composed of impact -resistant acrylic material that is ultra -violet resistant for up to 10 years and shall be heat resistant. The roof shall be secure to the globe with at least 4 stainless steel screws and sealed with utility grade silicone. The roof shall come complete with a semi -cut off reflector. The reflector shall be a one-piece aluminum assembly treated with an ALZAK process. 2.4.2 Ballast shall be the regulated type designed to operate high-pressure sodium or metal halide lamps in a vertical position and manufactured by Advance Ballast & Transformers or Universal Lighting Technologies, voltage to be 120v, unless specified on each order. 2.4.3 Socket: The Sockets shall be mounted to provide for latest requirements for the IES-ANST Standards for roadway lighting. Sockets shall be of one-piece construction, no split socket construction is acceptable. 2.4.4 Lamping: The following lamping options shall be provided. Specific lamping types and quantities shall be listed on the itemized bid sheet. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 9 • 70 watt, mogul base, 120 volt metal halide with integral internal ballast T socket combination; • 100 watt, mogul base,120/240 volt metal halide with integral internal ballast socket combination; • 100 watt, mogul base, 120/240 volt high-pressure sodium with integral internal ballast socket combination _ 2.4.5 Photo Control: A twist lock photo control receptacle shall be provided. The photo control shall fit under the globe within the fixture pod with access door hinged and fasten with an external tool less latching method and shall have a clear acrylic lens. 2.4.6 Seat and Fitter: The seat and fitter shall be cast aluminum. A neoprene gasket shall be provided as to help prevent dust from entering inside the globe area. 2.4.7 Finish: All metal parts (pod and seat) shall be painted with a Superpolyester Black powder coating. The finish shall be smooth and free of imperfections. 2.5 Post The post shall conform to the "Street Light Luminaire Detail Sheet" under Antique Style Street Light Pole detail as provided. Pole shall be patterned with 16 flutes. 2.5.1 Dimensions: The pole dimensions shall be as follows: ■ Height: 10 feet, 10 inches & 13 feet, 10 inches (as required on the itemized bid sheet); ■ Sections: Column at base - 7 inches outside diameter; Column at top — 3.5 inches outside diameter; Base at base - 20 inches outside diameter; TENON - 3 inches outside diameter & shall be 3 inches in height. Pole should be designed to withstand an 80 mph wind load. NOTE: Actual dimensions of poles to be supplied shall be included in bid submittal. 2.5.2 Material: The pole assembly shall be a one-piece heavy wall aluminum casting. The castings are to be true, smooth and clean of cast burs (inside and outside). 2.5.3 Base and Hole Pattern: The base anchor hole pattern shall conform to the "Street Luminaire Detail Sheet" as provided 2.5.4 Access Door: A removable access door shall be furnished in the base of the pole assembly, measuring at least 4 inches by 6 inches, secured #20 stainless steel tamper proof screws. A #20 ground stud shall be provided opposite the access door opening. 2.5.5 Base of Pole: The base flange shall be provided with four (4) slip holes for mounting on four anchor bolts. The base flange shall be provided with at least Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 10 an 8-inch diameter hole for conduit projection. Leveling shims will be provided. 2.5.6 Anchor Bolts: Anchor bolts shall be provided with each pole. Anchor bolts shall be galvanized steel and shall comply with the dimensional requirements as set out in the "Street Luminaire Pole Base Detail Sheet" as provided. 2.5.7 Finish: The pole shall be painted with a Superpolyester black powder coating. The finish shall be smooth and free of imperfections. The supplier shall supply sufficient primer and enamel for field touch-up after installation. 2.6 Conduits and Related Hardware 2.6.1 Conduit: All polyvinyl chloride conduits, including elbows and couplings shall be schedule 40 PVC or schedule 80 PVC conduit, conforming to Federal Specification W-C-1094 and Underwriters' Laboratories, Inc. Standard UL-651. All conduit sizes shall be as indicated on the plans. Only "stick" PVC conduit will be permitted. Roll conduit is not acceptable. 2.6.2 Rigid metal: Rigid metal conduit shall be steel, hot -dipped galvanized inside and outside. 2.6.3 Weather heads shall be made of aluminum and may be the threaded or the clamp on type. 2.7 Power Lead -In Cable 2.7.1 Power lead-in cable shall be stranded THHW copper wire and suitable for A/C electric service. 2.7.2 The cable shall be capable of operating at 600 volts maximum and suitable for use at conductor temperatures not exceeding 167 F (75 Q. Material and construction shall be in accordance with the applicable requirements of IMSA and NEC standards. 2.7.3 Conductors shall be stranded, anneal coated copper. Copper wire before insulating or stranding shall meet the requirements of the latest edition of ASTM B-033 (for coated wire). Stranding shall be class B, in accordance with the latest edition of ASTM B-8. 2.7.4 Insulation shall consist of cross -linked thermosetting polyethylene, meeting the requirements of IMSA and listed by UL as type USE THHW-75C. 2.8 Ground Boxes 2.8.1 General Requirements All ground boxes specified for use shall satisfy the following general requirements: 2.8.1.1 The top surface of the ground box cover shall have a minimum co -efficient of friction of 0.5. 2.8.1.2 Boxes shall be stackable for extra height. 2.8.1.3 Boxes shall be manufactured from Reinforced Polymer Concrete (RPM) composed of borosilicate glass fiber, a catalyzed polyester resin and an aggregate. Sidewalls may be reinforced polymer. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 11 2.8.1.4 Enclosures and covers shall be able to withstand a minimum 12,000 lb. per _ wheel load Load requirements shall be tested by an independent laboratory and a certification of such tests shall be supplied for approval. 2.8.1.5 All components shall be designed and tested to withstand temperatures as - low as -20 F (4 Q. 2.8.1.6 The size and dimensions of the required ground boxes shall be shown on the Ground Box Details sheet in the plan set T 2.9 Foundations All foundations shall be built in accordance with the requirements stated in the standard - detail sheets of the plan set. Allfoundations shall be continuous pour in place. 2.10 Hardware Paint (Section 2.10 is for information only and is not applicable to this bid request since the City will be providing poles.) The contractor shall supply the following primer coating and finishing coating. — Specific finish coat color shall be specified on each task order and will vary accordingly. The follow descriptive names of finish coat colors are permissible within the City: _ Brick Red OUL 3009) ■ Black Green (RAL 6012) ■ Yellow Olive (RAL 6014) ■ Grey Beige (RAL 8022) ■ Duranotic Bronze RAL (8019) ■ Black (RAL 9004) ■ Pure Aluminum (RAL 9006) 2.10.1 Primer Coating The primer coat shall be Kwal Paint #5810 G-Prime Premium Acrylic Universal Primer or approved equal. This is a 100% acrylic primer for all types of surfaces, including galvanized finishes. 2.10.2 Finish Coat The finish coat shall be Kwal paint #6300 Accupro 100% Acrylic Exterior Flat Finish or approved equal. This is a 100% acrylic finish that durable and chalk resistant. The paint to be applied to existing non -galvanized street light structures shall be a T durable iodized alkyd enamel with semi -gloss finish. The drying time shall be Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 12 approximately three hours with an average dry film thickness of 1.4 mil. The paint quality shall allow for application on surfaces at temperatures as low as 20 F (7 Q. 2.10.3 Hardware paint color shall as called for in the construction plans set or bid documents. 2.11 Grounding Conductor and Grounding Rod 2.11.1 The grounding conductor shall be a #8 AWG solid copper wire. The conductor shall be bonded to all ground rods. 2.11.2 Grounding rod electrodes shall be copper -bonded steel being at least 5/8 in. (15.875 mm) in diameter. All ground rods shall be 8 ft. (2.4 W. 2.12 Electric Service Center 2.12.1 Electric service center or contactor control box shall meet or exceed the product shown in Appendix A for either pole mounted or ground mounted units. 2.12.2 Vendors requesting to supply a different box than the shown in Appendix A, shall submit a sample unit for review and approval by the Traffic Services Manager or his / her designee. 2.12.2 Ground mounted service centers shall be mounted on a concrete base that is 3-1/2 inches thick, and four feet by four feet square, with eight #3 bars and 6 inch long ' J" hook anchor bolts. (See ground box apron detail for typical steel layout.) 3.0 INSTALLATION OF SREEET LIGHT COMPONENTS 3.1 Installation of Electrical Service 3.1.1 Unless otherwise noted on the plan sheets, power shall be direct wired to the appropriate phased transformer provided by the electrical service provider. This connection will only be made by authorized personnel. 3.1.2 If electrical service is required to be metered, then the Contractor shall install all electrical service connections including conduit, pole risers, meter base, breaker box, breakers etc., in accordance with NEC standards and specifications. Installation of conduit and wire in to the electrical service provider vaults shall be per the electrical service provider's specifications. 3.1.3 Unless otherwise called for in the plans, the power connection shall be made to a 120-240 volt, single-phase, 60 cycle AC supply. All wiring shall be done in accordance with NEC. 3.2 Installation of Conduit 3.2.1 The conduit size will generally be specified on the street light plan sheets or task work order. 3.2.2 The Contractor shall provide and install underground cable facilities required to complete the construction plan set. The Contractor will be required to coordinate with all local utility companies, long distance communication companies, City utilities, railroad companies, and Dig Tess, if applicable, to ascertain exact locations of conflicting underground services. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 13 3.2.3 The location of conduits and ground boxes are diagrammatic only and may be shifted by the Inspector to accommodate field conditions. 3.2.4 When boring is used for under pavement conduit installations, the maximum allowable overcut shall be 1 in. (25 mm) in diameter. - 3.2.5 When conduits are bored, the vertical and horizontal tolerances shall not exceed 18 in. (457 mm) as measured from the intended target point. 3.2.6 The use of a pneumatically driven device for punching holes beneath the pavement (commonly known as a "missile') will not be permitted under streets or roadways on any street light installation projects. Boring shall be done by use of directional boring machinery. 3.2.7 The contractor shall place duct seal or foam (maximum of 3 inches) at the ends of all conduit where conductors and/or cables are present. 3.2.8 New Conduit 3.2.8.1 Unless otherwise shown on plans or standard detail sheets, all underground conduit shall be schedule 40 PVC conduit except if the conduit is to be placed under a roadway at a depth of less than 24 inches (600 mm), then the conduit shall be schedule 80 PVC. All conduit or raceways above ground shall be rigid metal. All conduit and fittings shall be of the sizes and types shown on the plans. Each section of conduit shall bear evidence of approval by Underwriter's Laboratories. 3.2.8.2 Conduit terminating in posts or pedestal bases shall not extend vertically more than 3 inches,(76 mm) above the concrete foundation. Field bends in conduit shall have a minimum radius of 12 diameters of the nominal size of the conduit. 3.2.8.3 Exposed vertical conduit shall be galvanized rigid metal, and reamed and couplings made tight. PVC conduit shall be joined by the solvent -weld method in accordance with the conduit manufacturer's recommendations. No reducer couplings shall be used unless specifically indicated on the plan sheet. 3.2.8.4 All rigid conduit and fittings shall have burrs and rough places smoothed and shall be clean and free of obstructions before the cable is installed. Field cuts shall be made with a hacksaw or four wheel pipe cutter only and shall be square and true so that the ends will butt or come together for the full diameter thereof. In no case shall a cutting torch be used to cut or join conduit. Slip joints or running threads will not be permitted for coupling conduit unless approved by the Inspector. When a standard coupling cannot be used, an approved union coupling shall be used and shall provide a water -tight coupling between the conduit sections. 3.2.8.5 All couplings shall be properly installed to bring their ends of connected conduit together to produce a good rigid connection throughout the entire length of the conduit run. Where the coating on a rigid metal conduit run has been damaged in handling or installation, such damaged parts shall be thoroughly painted with rust preventive paint. Ends of conduits shall be capped or plugged until installation of the wire is complete. Upon request Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 14 by the Inspector, the Contractor shall draw a full-size metal wire brush, attached by swivel joint to a pull tape, through the metal conduit to insure that the conduit is clean and free from obstructions. Conduits shall be placed in an open trench at a minimum 24 in. (600 mm) depth below the curb grade in the sidewalk areas, or 18 in. (450 mm) below the finished street grade in the street area. 3.2.8.6 Conduit placed for concrete encasement shall be secured and supported in such a manner that the alignment will not be disturbed during placement of the concrete. No concrete shall be placed until all of the conduit ends have been capped and all box openings closed. 3.2.8.7 PVC conduit, which is to be placed under existing pavement, sidewalks, and driveways, shall be placed by first providing a void through which the PVC conduit shall be inserted. The void may be made by either boring or jacking a mandrel. Heavy jacks are to be used for jacking. Use of water or other fluids in connection with the boring operation will be permitted only to lubricate cuttings. Water jetting will not be permitted. 3.2.8.8 If it is determined by the Inspector that it is impractical to place the conduit by boring as outlined above due to unforeseen obstructions, written permission may be granted by the Assistant Director of Transportation and Public Works Department over Infrastructure for the Contractor to cut the existing pavement. Pits for jacking and boring shall not be closer than 2 $. (600 mm) to the back of the curb or the outside edge of the shoulder. The jacking and boring method used shall not interfere with the operation of streets, highways, or other facilities, and shall not weaken or damage any embankment structure, or pavement. 3.2.8.9 Backfill - Compaction & Density Test for All Ditchlines The Inspector shall be notified prior to commencing any backfill of all trench lines. All ditchlines within paving areas of existing and proposed streets and within 2 ft. (600 mm) back of curb are to be mechanically tamped. All tamping is to be density controlled to 90% standard proctor density at optimum moisture content and no greater than 5% optimum or less than 2% below optimum. All backfill material is to be select native material, 6 in. (150 mm) diameter clods and smaller. It is permissible to put backfill in 6 in. to 8 in. (150 mm to 400 mm) lifts with densities being taken for each lft. (300 mm) of compacted material on offsetting stations of 50 ft. (15.9 M). Note: All excavated material, not required for backfill, shall be promptly removed and disposed of by the Contractor, outside the limits of the project. The work site shall be kept clean and neat at all times at no additional cost to the city. The inspector may provide access to a city owned location to deposit debris. 3.2.8.10 The Contractor shall provide adequately bent conduit and shall properly Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 15 excavate so as to prevent damage to the conduit or conductor by a bend _ radius that is too short. 3.2.8.11 All conduit runs shall be continuous and of the same material (metal only or PVC only). Where tying into existing conduit, the Contractor must - continue with the same material (metal to metal or PVC to PVC). 3.2.8.12 Each length of galvanized rigid metal conduit, where used, shall be reamed and threaded on each end and couplings shall be made up tight. White -lead paint or equal shall be used on threads of all joints. Metal conduit and fittings shall have the burrs and rough places smoothed. Where the coating on a metal conduit run has been damaged in handling or installation, such damaged parts shall be thoroughly painted with rust preventive paint. 3.2.9 Existing Conduit 3.2.9.1 Prior to pulling cable in existing underground conduit, the conduit shall be cleaned with a mandrel or cylindrical wire brush and blown out with compressed air. If conduit appears to be blocked, the Contractor shall make an attempt to clear the conduit by rodding (The Contractor will not receive extra compensation for rodding). 3.2.9.2 If the existing conduit cannot be used, the Contractor may be required to repair and/or replace this conduit as directed by the Inspector. 3.2.9.3 The Inspector shall be notified prior to disconnection or removal of any existing cable. 3.3 Installation of Cable 3.3.1 General 3.3.1.1 Cables shall be installed in conduit unless indicated as an 'overhead" cable run. Conduit must be continuous, reasonably dry, completely free of debris, and without sharp projections, edges, or short bends. If required by the Inspector, the Contractor shall demonstrate that the conduit is dry and free of debris by pulling a swab and/or mandrel through the conduit. The conductors shall be installed in a manner so as to insure against harmful stretching of the conductors or damage to the insulation. Installation methods shall conform to the recommendations of the cable manufacturer. The Contractor shall furnish, at the request of the Traffic Services Manager a copy of the manufacturer's recommendations, which shall include methods of attaching pull cable, pulling tension per conductor size and per radius of conduit bend, and the type of lubricant to be used. 3.3.1.2 AD cables in a given conduit run shall be pulled at the same time and the conductors shall be assembled to form one loop in such a manner that the pulling tension is equally distributed to all the cables. Long, hard pulls will necessitate the use of pulling eyes. For short runs, the cables may be gripped directly by the conductors by forming them into a loop to which the pull wire or rope can be attached. The insulation on each conductor shall be removed before the loop is formed. The method used will depend on the anticipated maximum pulling tension in each case. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 16 3.3.1.3 In existing conduit where new cables are to replace existing cables, the exit cables may be used to pull in the new cables. At locations where new cables are to be added to existing cable runs, the existing cables shall first be pulled out, the new cables are to be added to the existing cables to form one cable pull. Installation and removal shall be done in such a way as to prevent damage to the existing and/or new cables. In the event of damage, the Contractor shall bear the responsibility of providing the material and labor for replacement of defective cables at no extra cost to the City. 3.3.1.4 All conduit runs shall be measured accurately and precisely for determining cable lengths to be installed. Conduit measurement shall take place in the presence of the Inspector. The Inspector shall record all cable measurements and include the distances on an as -built drawing. In locations where new cables are to replace existing cables, the Contractor may use the removed cables as a measuring device to determine the lengths of the new cables to be installed. However, this does not relieve the Contractor of his responsibility to record accurate measurements of all cable lengths. 3.3.1.5 The manufacturer's recommended maximum pulling tensions shall not be exceeded under any circumstances. If so required by the Inspector, the Contractor shall insert a dynamometer in the pull wire as the cables are being pulled into. the conduit to demonstrate that the maximum tensions are not being exceeded. The cable shall be fed freely off the reel into the conduit without making a reverse curve. At the pulling end, the pull wire and cables shall be drawn from the conduit in direct line with the conduit. Sheaves or other suitable devices shall be used as required to reduce any hazards to the cable during installation. The cables shall be adequately lubricated to reduce friction and further minimize possible damage. Such lubricants shall not be the grease or oil type used on lead sheathed cables, but shall be one of several commercially available wire pulling compounds that are suitable for PVC sheathed cables. They shall consist of soap, talc, mica, or similar materials and shall be designed to have no deleterious effect on the cables being used. 3.3.1.6 Cables shall be neatly trained to their destinations. The Contractor shall adhere to the cable manufacturer's recommended values for the minimum bending radii to which cables may be bent for permanent training during installation. These limits do not apply to conduit bends, sheaves, or other curved surfaces around which these cables may be pulled under tension while being installed. Larger radius bends are required for such conditions. 3.3.2 Wire and Cable All wire and cable shall conform to the requirements shown in the plans, except wire and cable specifically covered by other items of this contract. 3.3.3 Circuit Control Wiring 3.3.3.1 Wiring for the contactor control cabinet shall consist of (1) power and field wires, (2) ground wires, (3) photo -controls and (5) contactor wires to their Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 17 respective terminals in the cabinet. Wiring for the controller shall be completed as shown on the Street Luminaire Electrical Connection Details and in the instructions furnished with the controller by the manufacturer. 3.3.3.2 All field wiring in the contactor control cabinet shall be neatly installed. Incoming cables shall be trained to their destination and neatly laced together. 3.3.4 Luminaire Wiring (contactor to each pole pier) 3.3.4.1 Conductors shall run as follows: • Four unbroken electrical cables shall run from the contactor to each pole pier for circuit lighting, or three electrical cables from the transformer connection to a single light standard. • Each cable shall have the color jacketing as required on the Street Luinaire Electrical Connection Details. 3.3.5 Luminaire Wiring (pole base to luminaire) Two (2) cables shall run from pole base up to the luminaire in each pole. All connections will be made above ground. The grounding conductor shall be - connected to the ground lug in the pole hand hole. A 7 amp in -line fuse shall be required for the positive conductor in the base of the pole. 3.3.6 Terminals The ends of all stranded wires from the luminaires shall be twisted at least three turns and wire nut applied in the base of the lighting structure. 3.3.7 Splices 3.3.7.1 Splices are strictly prohibited inside conduit runs and, if made in ground boxes, must be made water tight. All splices shall be made only at locations that are specified in the plans. 3.3.7.2 Splicing methods shall be in accordance with good electrical practice and the cable manufacturer's recommendations. All materials used shall be of high quality and specifically intended for this purpose. Cables shall be trained to their final position and cut to proper lengths. The cable's jacket and insulation shall be removed as required. When doing this, use proper care to insure against nicking the conductors. The - connection shall be installed tightly and all burrs, rough edges, etc. shall be removed If wire nuts are used to secure the connection, then only "Scotchlock" brand connectors shall be utilized. No more than two (2) wires shall be spliced together using "Scotchlock" connectors and the wire shall be twisted. If more than two (2) wires are connected, then a split -bolt connector or mechanical clamp shall be used. All splices involving grounding conductors shall be made by twisting the cables together. aDDlving solder then wrapping the connection with green electrical tape. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 18 Heating the connection with a direct flame will not be permitted for cable gauge less than #14. Approved thermo-setting materials shall be used to provide a watertight seal. 3.3.7.1 The Inspector may select at random at least five (5) splices to be thoroughly inspected. The Contractor shall, in the presence of the Inspector, sectionalize each selected splice to expose the various layers of materials and the connector. These splices shall be thoroughly checked for compliance to these special provisions. Each splice shall then be remade by the Contractor. This work shall not require extra payment, but is considered subsidiary to other items in the Contract. All of the splices selected for this inspection shall conform to the requirements of these special provisions. If any splices fail to meet these requirements, then ten more splices shall be selected at random by the Inspector for examination. 3.4 Ground Boxes All ground boxes shall be installed according the standard construction detail sheet. The cost of installing ground boxes shall be complete and in place, including the concrete apron. 3.5 Grounding 3.5.1 There shall be a properly installed and connected ground rod for each controller cabinet, power drop and street light pole pier to reduce any extraneous voltage to a safe level. The ground rod shall be located so as to minimize the length of the grounding -conductor run. For pole -mounted cabinets a grounding rod and grounding conductor shall be installed at the nearest foundation or ground box. All grounding circuits shall be substantial and permanent and shall be electrically continuous with an ohms -to -ground resistance not to exceed 10 ohms when tested by volt -ohm -meter. 3.5.2 Grounding Connectors and Electrodes 3.5.2.1 When the location precludes driving a single ground rod to a depth of 8 feet (2.4 m), or when a multiple ground rod matrix is used to obtain the required resistance to ground, ground rods shall be spaced at least six feet apart and bonded by a minimum No. 6 AWG copper wire. 3.5.2.2 Connection of grounding circuits to grounding electrodes shall be by devices that will ensure a positive, fail-safe grip between the conductor and the electrode (such as lugs or pressure connectors). No splice joint will be permitted in the grounding conductor. 3.5.2.3 Each grounding rod shall be driven into the ground to a depth sufficient to provide the required resistance (10 ohms) between electrodes and ground. 3.6 Concrete Foundations for Lighting Structures 3.6.1 All foundations shall be staked or flagged by the contractor Inspector prior to excavation. 3.6.2 Concrete foundations for street light structures shall be located so that the closest face is a minimum of 2 ft. (600 mm) from the face of the nearest vertical curb. The Contractor shall probe before excavating foundations to determine the Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 19 location of utilities and structures. Foundations shall be paid for once, regardless of extra work caused by obstructions. The Contractor shall furnish all supplementary items necessary for proper foundation installation. 3.6.3 Excavation for all foundations shall be done in accordance with lines and depths indicated on the standard detail sheets of the plan set. All loose material shall be removed from the excavation before concrete is placed. Any water shall be removed by pumping or bailing. The use of explosives will not be permitted. 3.6.4 Foundations shall be constructed to the dimensions shown on the plans. The Contractor is required to make certain that the top of the finished foundation is level and formed Anchor bolts and conduits shall be held rigidly in place by a template until the concrete is set. All foundations shall be continuous pour concrete. A mechanical vibrator shall be used for compacting and working the concrete. After the concrete has been placed and the top struck off, it shall be covered with wet cotton or burlap mats or other aYy,vy,:ate form of curing, for not less than 96 hours. All bracing and templates for anchor bolts shall remain in place for 96 hours after the concrete is poured. During that time, the anchor bolts and conduit shall not be subjected to any applied strain. Transformer bases shall not be installed on any foundations until approval has been given by the Inspector. 3.6.5 Backfill shall be tamped with mechanical tamps in 6 in. (150 mm) layers to the density of the surrounding ground. Where excavation is made in the roadway shoulder, the shoulder shall be replaced with material equal to the original composition. 3.6.6 All excavated material, not required for backfill, shall be promptly removed and disposed of by the Contractor, outside the limits of the project. The work site shall be kept clean and neat at all times at no additional cost to the city. The inspector may provide access to a city owned location to deposit debris. 3.6.7 No concrete shall be placed when the atmospheric temperature drops below 40' F (4° C) (temperature reading taken in the shade away from artificial heat) unless permission to do so is given by the Inspector. 3.6.8 Pole anchor bolts shall be aligned to be parallel to the tangent of the street curb that the pole is intended to serve. 3.6.9 Tubing used to form pole foundations shall not be visible and all exposed concrete shall be finished with vinyl concrete patch mix to provide a smooth quality finish with all voids filled and no aggregate exposed. The cost of the work shall be included in the unit bid price for this item. 3.7 Installation of Li2htinR Structures 3.7.2 The Contractor shall install all structures in accordance with the plans. Deviation from the plans because of physical obstructions, such as overhead utilities to fit a relocated foundation, shall be worked out with the Inspector and approved prior to installation. Poles shall have nuts, lock washers and flat washers on top and bottom of the pole base plate. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 20 3.7.2 Transformer bases for poles, if required, shall be leveled and tightly secured to the foundation before the structure is placed on the base. If shims are required for leveling, total shim height shall not exceed 1/2 in. (127 mm). Foundation anchor bolts shall extend a minimum of 1 in. (25.4 mm) through each nut in the base. 3.7.3 Except as modified herein, erection of lighting structures shall be in accordance with the applicable specifications and standards of the AISC Manual of Steel Construction. Erecting equipment shall be suitable for the work and shall be in proper working condition. Parts that cannot be assembled or fitted properly as a result of errors in fabrication or deformation due to handling or transportation shall be reported immediately to the Inspector. Straightening of plates and angles or other shapes shall be done by approval of the manufacturer. No corrections will be allowed that will void the manufacturer's warranty. A letter from the manufacturer approving the corrections shall be required or the material may be rejected by the Inspector. 3.7.4 The steel structure frame shall be lifted as shown in the manufacturer's specifications and all match marking shall be followed. Temporary bracing shall be used wherever necessary to support all loads to which the structure may be subjected, including equipment, operation, and material loading. Such bracing shall be left in place as long as may be required for safety. The various members, after being assembled, shall be aligned and adjusted accurately before being fastened. Fastening of splices on compression members shall be done after the abutting surfaces have been brought completely into contact. No welding or bolting shall be done until the structures have been properly aligned. 3.7.5 Bearing surfaces, and surfaces which will be in permanent contact with each other shall be cleaned before the members are assembled Bearing plates shall be set in exact position and shall have a full and even bearing upon the concrete. As erection progresses, the work shall be bolted to take care of all dead load, wind and erection stresses. All erection bolts used in welded construction may be tightened securely and left in place. If removed, the holes shall be filled with plug welds. 3.7.6 Field bolting shall be in accordance with the requirements specified for shop fabrication. Untrue holes shall be corrected by reaming. Where the surface of a bolted part has a slope of more than 1:20, a beveled washer shall be used to compensate for the lack of parallelism. Bolt heads and nuts shall be drawn tight against the work with a suitable wrench not less than 15 inches long. Bolt heads shall be tapped with a hammer while the nut is being tightened. 3.7.7 Bolted parts shall fit solidly together when assembled and shall not be separated by gaskets or any other interposed compressible material. When assembled, all joint surfaces, including those adjacent to the bolt heads, nuts, or washers, shall be free of scale, except tight mill scale, and shall also be free of burrs, dirt, and other foreign material that would prevent solid seating of the parts. Each fastener shall be tightened to at least the minimum bolt tension as recommended by the pole manufacturer using ASTM A325 or A490 bolts for the size of fastener used. Threaded bolts shall be tightened with properly calibrated wrenches or by the "turn -of -nut" method. Bolts may be installed without hardened washers when tightening takes place by the "turn -of -bolt" method. Any bolt tightened by the calibrated wrench method (or by torque control) shall have a hardened washer Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 21 under the element (nut or bolt head) turned in to a point not closer than 7/8ths of the bolt diameter from the center of the washer. 3.7.7 Field Painting of Structures: 3.7.7.1 Surfaces where the shop coat of paint has been damaged shall be retouched after installation. The cleaning, pretreatment, and priming of welds and the areas adjacent thereto shall be done promptly after the acceptance of the weld. Care shall be taken to properly mask signs and lantern glass to keep paint from splashing onto these components. Masking shall be removed after completion of the painting process. A sufficient number of paint coatings shall be applied to each structure to result in a uniform finish once completed. All structures shall be air blasted using high-pressure air to remove peeled paint and dust prior to application of primer coat. 3.7.8 Where poles and/or mast arms exist on raised foundations that are to be removed and installed on new foundations, the Contractor shall store these poles, arms, street lights, and wiring until they can be installed on their new foundations. 3.8 Installation of Luminaires 3.8.1 Luminaires shall be securely tightened immediately after the assembly has been installed. If any assembly is found to be loose or asymmetrical in any manner, the Contractor shall be required to remove and rebuild the street light head assembly to the satisfaction of the Inspector. 3.8.2 The Contractor shall mount luminaires level and plumb. 3.8.3 No exposed cable or wiring will be permitted. 4.0 PRESERVATION OF LANDSCAPING, SPRINKLER SYSTEMS, AND PRIVATE PROPERTY 4.1 The Contractor shall assume full responsibility for the preservation of existing landscaping (sod, shrubbery, trees, and etc.), sprinkler systems, and/or other private property at the site during the installation of items in this contract document. Damaged landscaping, sprinkler systems, and/or other private property shall be replaced within a reasonable time by the Contractor, at his own expense, to the satisfaction of the Inspector. 4.2 No trees or shrubbery shall be cut except upon the specific authority of the Inspector. 4.3 Removal of mailboxes in the way of construction requires 48 hours advance notice to the post office. 5.0 REMOVAL OF MISCELLANEOUS ITEMS 5.1 Removal and Salvasiniz of Existinia Lip-hting Eciuipment 5.1.1 All salvage materials will be delivered by the Contractor to the City at a locations designated by the Inspector. The Inspector, assisted by authorized representatives, will serve as the receiving agent for salvage material. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 22 5.1.2 The Contractor will ship and handle all salvage material in a manner so as to prevent damage to these items. Luminaires will be removed from poles prior to shipping. All screws will be tightened into their respective slots to prevent loss during shipping. 5.1.3 The Inspector will identify existing damage to salvageable material and mark damaged items in the field before they are delivered to the City yard. If damage to material is the fault of the Contractor, he or she will have three (3) working days to make repairs or supply like items, at his/her expense, for damaged items. If the Contractor fails to repair or replace damaged items in said time, the City may charge the Contractor for the assessed value as determined by the Traffic Services Manager or designee. 5.2 Removal and Replacement of Curbs and Walks 5.2.1 Contractor shall secure permission from the Inspector before cutting into or removing any walks or curbs, which might be required during construction. 5.2.2 If it is agreed that a sidewalk must be cut and removed, then the concrete must be sawed and broken out and then restored to an equal or better condition than the original. 5.3 Removal of Foundations All foundations subject to removal (as indicated on the plans) shall be razed to a level at least 12 inches below the ground surface if the foundation subject to removal is located within a sidewalk, the foundation shall be removed to a depth equal to or greater than the thickness of the walkway. Once the foundation is removed, the ground surface shall be restored to surrounding conditions. 5.3 Removal of Ground Boxes If the construction plans call for the removal of abandoned ground boxes, then the hole remaining from ground box removal shall be filled and the ground surface shall be restored to surrounding conditions. Any conduit elbows found in the ground box to be removed shall be cut back to a minimum of 12 inches below the natural ground surface. 6.0 SAMPLING AND TESTING 6.1 General Notes 6.1.1 Initial testing of all materials, construction items, or products incorporated in the work will be performed at the direction of the City and at the expense of the Contractor, including initial compaction and density tests deemed necessary in connection with the construction of embanlanent, backfill of structures, or excavation. 6.1.2 In the event that a material, construction item, product incorporated in the work, embanlanent, backfill, excavation or any other item tested, fails to satisfy the minimum requirements of the initial test described above, appropriate prove -out tests shall be made as directed by the Inspector to determine the extent of the failure and to verify that corrective measures have brought the item up to Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 23 specification requirements. The cost of all testing necessary to determine the extent of the failure and the adequacy of the corrective measures shall be the responsibility of the Contractor. 6.1.3 The failure to require tests of materials by the Inspector shall in no way relieve the - Contractor of his responsibility of furnishing materials conforming to these specifications. 6.1.4 Tests, unless otherwise specified, shall be made in accordance with the latest methods of the ASTM or other approved test methods. The Contractor shall provide such facilities, as the Inspector may require, for the collecting and forwarding of samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. 6.2 Concrete All concrete materials, reinforcing steel, and preparation shall be in accordance with the requirements of the City Standard Specifications for Street and Storm Drain Construction. 6.3 Cables 6.3.1 The Traffic Services Manager or designee may require that all cables be checked for insulation resistance upon installation and prior to termination. The tests shall be made with a test set operating at a minimum of 500 volts DC applied to the _ conductors. 6.3.2 Each conductor in the multi -conductor street light cables shall be tested for insulation resistance relative to each other and to the outer covering of the cable. The minimum acceptance value for insulation resistance shall be one meg-ohm. 7.0 WARRANTIES/GUARANTEES 7.1 The Contractor guarantees all work performed and materials furnished under this project for a period of twenty-four (24) months following the date of final acceptance. - In addition, the Contractor shall furnish any normal manufacturer warranties with effective beginning dates the same as the date of the project acceptance. 8.0 STREET LIGHT MAINTENANCE DURING CONSTRUCTION 8.1 While performing work under this contract, the Contractor bears the sole risk of loss for damages to or destruction of any lighting equipment or appurtenances, on equipment that was not to be replaced or installed under this Contract, but which was damaged or destroyed through the fault or negligent acts of the Contractor. The Contractor shall replace such damaged or destroyed equipment, etc., at no cost to the City, regardless of whether or not the damaged or destroyed equipment, etc., was a part of this contract or any warranties under this contract. The Contractor's responsibility shall cease under this paragraph upon written acceptance of a street lighting project by the City. 8.2 The Contractor's responsibility for full operation and maintenance of all lighting equipment shall begin when he starts any type of work which effects operations of existing lighting systems and shall extend through the period of final project acceptance. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 24 This maintenance responsibility includes existing cabling systems, existing lighting systems — including lamps, new controllers, new hardware, new cabling systems, and other hardware elements which are considered part of either the existing or the new lighting system. 8.3 It is recognized that the City may continue to make a first response to any trouble call. Action on such response will, however, be limited to determining the cause of the problem, and notifying the contractor of the problem. Such action will in no way relieve the Contractor of his operation and maintenance responsibility. 8.4 The Contractor shall be required to notify the Inspector or Traffic Services Division at least 24 hours in advance of any planned change -outs or any other field repairs. 9.0 PERMITTING AND BARRICADE REQUIREMENTS 9.1 The Contractor shall be required to obtain a Street Use Permit from the Street Management Section of the Traffic Engineering Division, 311 W 10t' St. A copy of the typical traffic control set-up shall be supplied with the permit submittal request. The contractor shall supply a typical traffic control set-up in accordance with the MUTCD. 9.2 If the Inspector discovers that the Contractor has failed to comply with applicable federal and state laws (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs, or other precautionary measures for the protection of persons or property), the Inspector may order such additional precautionary measures be taken to protect persons and property. (The contractor will not be compensated for this additional regtdrement.) 9.3 In addition, the Contractor shall be held responsible for all damage to work items and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property. Whenever evidence is found of such damage, the Inspector may order the damaged portion immediately removed and replaced by the Contractor at his expense. 9.4 Subject to the approval of the Inspector, portions of this project, which are not affected by or in conflict with the proposed method of handling traffic or utility adjustments, can be constructed during any phase. 9.5 Barricades and signs shall be placed in such a manner as to not interfere with the sight distance of drivers entering the street from driveways or side streets. To facilitate shifting, barricades and signs used in lane closures or traffic staging may be erected and mounted on portable supports. The design of these supports are subject to the approval of the Inspector. 9.6 The contractor shall provide and maintain flaggers at such points and for such periods of time as may be required to provide for the safety and convenience of public travel and contractor's personnel, and as shown on the plans or as directed by the Inspector. These flaggers shall be located at each end of the lane closure and shall be properly attired. The two flaggers shall be in two-way radio contact with each other at all times. Paddles will be required for this project. 9.7 The contractor will not be permitted to commence work on the road before sunrise and shall arrange his work so that no machinery or equipment shall be parked closer than 30 ft. (9.14M) to the traveled roadway after sunset except as authorized by the engineer. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 25 9.8 The contractor shall keep traveled surfaces used in his hauling operation clear and free of _ dirt or other material. 9.9 The use of rubber -tired equipment will be required for moving dirt and other materials along or across paved surfaces. 9.10 No lane closures on arterial class roadways will be allowed prior to 9:00 a.m. or after 4:00 p.m., Monday thru Friday unless otherwise directed by the inspector. 10.0 QUANTITIES 10.1 The quantities listed on the Bid Solicitation page are merely estimates based on past expenditures. The City does not guarantee a specific amount of services will be requested or any future purchases. 10.2 The City is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required by the City. Detailed Specifications for Street Light Installations — Part F June 2010 City of Fort Worth 26 Compliance with and Enforcement of Prevailing- Wage Laws (a) Dutv to pav Prevailing- Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), 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 Citv 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 3 1 " 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. (d) Arbitration Reauired 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 do 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 11 th 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 the Audit section of these contract documents shall pertain to this inspection. _ (f) Pav Estimates. With each partial payment estimate 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 the prevailing wage rates in a _ conspicuous place at the site of the project 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. City of Fort Worth, Texas Mayor and Council Communication ... ...... ................ ... ­.,...­­­­''..,., ... ........ COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES REFERENCE NO.: **G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates for City -Awarded Public -Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded public works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate df per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of Builders and Contractors (ABC) and the American Sub -Contractors Association (ASA), conducts a wage rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION C! ERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manaaees Office by: Fernando Costa (8476) Oriainatina Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching Plant Wei0er $14.15 Broom or Sweeper Operator $ 9,88 Bulldozer Operator $13.22 Cjter $12.80 Concrete Finisher, Paving $12.85 Concrete Finisher, Structures $13.27 Concrete Paving Curbing Machine Operator $12.00 Concrete Paving FinishmA Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12,50 Concrete paving Saw Operator $13.56 Concrete Paving Spreader Operator $14.50 Concrete Rubber $10.61 Crane Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $14.12 Electrician $18.12 Flagger $ 8.43 Form Builder/Setter, Structures $11,63 IS11.83 Form Setter Paving & Curb Foundation rill Operator, Crawler Mounted ► $13.67 Foundation Drill Operator, Truck Mounted ► $16.30 Front End Loader Operator ► $12.62 Laborer, Common ( $ 9.18 Laborer, Utility ► $10.65 Mechanic $16.97 Milling Machine Operator, Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator, Fine Grade I $15.20 Motor Grader Operator, Rough $14.50 Oiler $14.98 Painter, Structures $13.17 Pavement Marking Machine Operator $10.04 Pipelayer $11.04 Reinforcing Steel Setter, Paving $14,86 Reinforcing Steel Setter, Structure ► $16.29 Roller Operator, Pneumatic, Self -Propelled ► $11.07 Roller Operator, Steel Wheel, Flat Wheel/Tamping ► $10.92 Roller Operator, Steel Wheel, Plant Mix Pavement ► $11.28 Scraper Operator 1 $11.42 Servicer ► $12.32 Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 Tractor Operator, Crawler Type $12.60 Tractor Operator, Pneumatic $12.91 T, avelin Mixer Operator ► $12.03 Truck Driver, Lowboy -Float ► $14.93 Truck Driver, Single Axle, Heavy ► $11.47 Truck Driver, Sin .le Axle, Light ► $10.91 Truck Driver, Tandem Axle, Semi -Trailer ► $11.75 Truck Driver, Transit -Mix $12.08 Wagon Drill, Boring Machine, Post Hole Driller Operator $14.00 Welder 1 $13.57 Work Zone Barricade Servicer 1 $10.09 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY AC Mechanic Helper $12.00 Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter $10.00 Bricklayer/Stone Mason $19.12 Roofer $14.00 Bricklayer/Stone Mason Helper $10.10 Roofer Helper $10.00 Carpenter $16.23 Sheet Metal Worker $16.% Carpenter Helper $11.91 Sheet Metal Worker Helper $12.31 Concrete Finisher $13.49 Sprinkler System Installer $18.00 Concrete Form Builder $13.12 Sprinkler System Installer Helper $9.00 Drywall Mechanic $14.62 Steel Worker Structural $17.43 Drywall Helper $10.91 Concrete Pump $20.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Drywall Taper $13.00 Shovel $17.76 Drywall Taper Helper $9.00 Forklift $12.63 Electrician (Journeyman) $20.20 Front End Loader $10.50 Electrician Helper $14.43 Truck Driver $14.91 Electronic Technician $19.86 Welder $16.06 Electronic Technician Helper $12.00 Welder Helper $9,75 Floor Layer (Resilient) $20.00 Floor Layer Helper $13.00 Glazier $18.00 Glazier Helper $13.00 Insulator $14.78 Insulator Helper $11.25 Laborer Common $10.27 Laborer Skilled $13.18 Lather $16.10 Painter $14.83 Painter Helper $8.00 Pipefitter $18.85 Pipefitter Helper $12.83 Plasterer $17,25 Plasterer Helper $12.25 SECTION 7 — CONTRACTS, BONDS AND INSURANCE Certificate of Insurance Contractor Compliance with Workers' Compensation Law 7.1 Conflict of Interest Questionnaire 7.2 Performance Bond 7.3 Payment Bond 7.4 Maintenance Bond 7.5 City of Fort Worth Contract G:\1210\4473-01\Specificatlons\100%\07.0 - SECTION 6 COVER.doc 1BITX Risk Services Safety Management . Human Resources Services . Business Insurance • Personal Insurance Employee Benefits . Surety Bonds . Wealth Management . Executive Planning ******** IMPORTANT NOTICE EFFECTIVE 01/01/2012 ******** The Texas Legislature passed and Governor Perry signed Senate Bill 425 which became effective January 1, 2012. Under the law, agents and insurers may not: • Issue a certificate that has not been filed and approved by TDI • Alter or modify a certificate form approved by TDI unless the alteration or modification is approved by TDI. F Issue a certificate that alters, amends or extends coverage or terms and conditions provided by the insurance policy referenced on the certificate. Following is an outline of the law and subsequent penalties: • This law will require certificate of insurance forms to be filed with and approved by the Texas Department of Insurance before they can be used after the effective date of the law. • In addition, the law explains current Texas Department of Insurance rules that a certificate of insurance must not obscure or misrepresent the coverage provided by the insurance policies. Definition of "Certificate" includes checklists, affirmations and electronic forms. • After January 1, a certificate holder who requires an agent or policyholder to use an unapproved form or insert inappropriate language on a certificate may be sued by the Attorney General for injunctive relief or to recover a civil penalty of up to $1,000 for each such requirement. • An insurance agency could incur significant penalties of up to $1,000 for each violation under those rules and the new law, including the revocation of the agency's insurance license, if a certificate were issued exactly as the certificate holder requested. For this reason, after 01 /01 /2012 we will issue the standard certificate of insurance form and may not be able to comply with some of the items you request. Certificate holders can mail certificate forms and special wording requests for approval to: P&C Intake Unit Texas Department of Insurance 333 Guadalupe Austin, TX 78701 commercialpc@.tdi.state.tx.us Please contact us with any questions you may have. �(`n �br�YQaraS Emily Contreras Commercial Lines Manager — SA 210-697-2223 i Robin Moody, CIC Commercial Lines Manager - DFW 214-646-1652 VFW Off Ice: Las Colinas Corporate Center 11, 6363 N. State Hwy 161, Suite 100, Irving TX 75038 •Toll Free: (800) 510-5120 • Fax: (214) 596-9030 San Antonio Office: 5726 Hausman Rd., #100, San Antonio, TX 78249 • Toll Free: (800) 880-6689 • Fax: (210) 696-8414 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. Policy Number Agency Number Policy Effective Date CPP2051702 756324 101/31/2012 Policy Expiration/Cancellation Date Date Account Number 01/31/2013 01/31/2012 120022770 Named Insured Agency Issuing Company MCCLENDON CONSTRUCTION IBTX RISK SERVICES AMERISURE MUTUAL INS CO. COMPANY, INC. 1. SECTION II - WHO IS AN INSURED is amended to add as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. The written contract or written agreement must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" giving rise to a claim under this policy. If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. 2. SECTION II - WHO IS AN INSURED is amended to add the following: If the additional insured is: a. An individual, their spouse is also an additional insured. b. A partnership or joint venture, members, partners, and their spouses are also additional insureds. c. A limited liability company, members and managers are also additional insureds. d. An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization. are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. a e. A trust, trustees are also insureds, but only with respect to their duties as trustees. 3. The insurance provided to the additional insured under this endorsement is limited as follows: a. That person or organization is only an additional insured with respect to liability arising out of: (1) Premises you own, rent, lease, or occupy; or �- (2) Your ongoing operations, unless the written contract or written agreement also requires completed operations coverage (or wording to the same effect), in which case the coverage provided shall extend to your completed operations for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or written agreement. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 05 10 Page 1 of 2 Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring after: (a) All work including materials, parts or equipment furnished in connection with such work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use — by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. The limits of insurance applicable to the additional insured are the least of those specified In the written contract or written agreement or in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. d. If a written contract or written agreement as outlined above requires that additional insured status be provided by the use of CG 20 10 1185, then the terms of that endorsement, which are shown below, are incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract or Agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of _ "your work" for that insured by or for you. Copyright, insurance Services Office, inc., 1984 CG 20 10 11 85 e. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and (2) Supervisory, inspection, or engineering services. f. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract or written agreement requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc. CG 70 86 0510 Page 2 of 2 _ Policy Number: CPP2051702 Named Insured: McClendon Construction Company, Inc. (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until It has been determined that all such products are free from defects that could be a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and 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. We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission In the description of any premises or operations intended to be Covered. by the Coverage Form as soon as practicable after its discovery. However, ihis provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 17. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with'the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce 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 to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. i Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: T 9. When We Do Not Renew a. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. -- b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of. coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. c. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group Is not considered a refusal to renew. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS, paragraph 12, "Mobile equipment", paragraph f. (1) does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 9 CG 70 63 1109 Policy Number: CPP2051702 Named Insured: McClendon Construction Company, Inc. COMMERCIAL GENERAL LIABILITY CG 02 05 0196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART _ OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART �^ In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE OF CANCELLATION AS PER CERTIFICATES ON FILE WITH THE COMPANY 2. Address: 3. Number of days advance notice: 30* (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsements.) *EXCEPT IN THE EVENT OF CANCELLATION FOR THE NONPAYMENT OF PREMIUM FOR WHICH 10 DAYS NOTICE SHALL BE GIVEN. CG 02 05 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 EI Policy Number:'CA2051701 Named Insured: McClendon Construction Company, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT -- This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by tha anrinrtPmpnt. The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1). Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an.organization that is an "insured" under any other policy or would be an "Insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "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. f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage'`; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any iPssnr of."autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and (c) The lease had not expired. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2005 CA 71 10 05 00 Page 1 of 6 Policy Number: CA2051701 Named Insured: McClendon Construction Company, Inc. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h, Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provi-,inn dnPs not apply to "hndily injury" nr "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Sectlon II - LIABILITY COVERAGE, A.2,a, Supplementary Payments, paragraphs (2) and (4) are deleted and replaced an follows; (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because _ of an "accidenf' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. .� 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph S. Fellow Employee is deleted and replaced by the following: "Bodily injury' to any fellow "employee" of the "insured" arising out of and in the course of the 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. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" _ name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III -PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: 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 any covered "auto'; (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision, only if the Decaaratiuns indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2005 Page 2 of 6 CA 71 10 05 00 Policy Nubber: CA2051701 Named Insured: McClendon Construction Company, Inc. (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR— WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE— WAIVER OF DEDUCTIBLE Under Section ill - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a Inss to your covered "auto" insured for Collision Coverage, no deduc:tihip will apply if the Inns was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a, is deleted and replaced by the following: a, You must see to it that we are notified as soon as practicable of an "accident', claim, "suit' or "loss". Knowledge of an "accident", claim, "suit" or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liability company) has knowledge of the "accident', claim, "suit' or "loss". Notice should include: (1) How, when and where the "accident' or "loss" occurred; (2) The "insured's" name and address: and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us if any 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 with customers whose customary contracts require a waiver, we waive any right of recovery. we may have under this Coverage Form. 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2005 Page 4 of 6 CA 71 18 05 08 POLICY NUMBER: CA2 0 S 1701 COMMERCIAL. AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMGNT This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Endorsement Effective. 01 / 31 / 2 012 Counters' ed By: Named Insured:; McClendon Construction �i Company, Inc. (Auth.Zred Representative) SCHEDULE Number of Hays' Notice 30 Name Of Person Or Organization ILNY PEP.SOP; OR ORC-AIIII7.ATION WTTH WHOFi THE NAr-IFD TNSURLU. HIAS CIQTt,IZED INTO A t':KITTEh: CONTRACT' IZts'QUTRIIJG WRTTTEN NOIJI. '}.; Ot' CANCELLATTON PER CL•"RTIF'ICATI3S ON PTLE 1111PH Address COMPANY, EXCEPT 10 DAYS NOTICE SHALL BE GIVEN FOR NON-PAYMENT If this policy Is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in (lie Schedule. CA 02 44 06 04 Q ISO Properties, Inc„ 2003 Page 1 of 1 0 — WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00) 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: 3. Premium The premium charge for this endorsement shall be 0.020 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 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The "Information below is required only when this endorsement is issued subsequent" to preparation of the policy:) Endorsement Effective 01 / 31 / 12 Policy No. WC2 0 517 04 Endorsement No. Insured McClendon Construction Company, Inc. Premium $ Insurance Company Amerisure Mutual Insurance Countersigned by WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3,A, of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 *EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM FOR WHICH 10 DAYS SHALL BE GIVEN. 2. Notice will be mailed to: ANY PERSON OR ORGANIZATION WITH WHOM THE NAMED INSURED HAS ENTERED INTO A WRITTEN CONTRACT WHICH REQUIRES WRITTEN NOTICE OF CANCELLATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only' when this endorsement is issued subsequent to preparation of the policy;) Endorsement Effective 01/31/12 Policy No. WC2051704 Endorsement No. Insured McClendon Construction Company, Inc. Premium $ Insurance Company Amerisure Mutual Insurance Countersigned by WC 42 06 01 Hart Forms & Services (Ed. 7-84) Reorder 14.4860 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insuran a -overage for all of its employees employed on City of Fort Worth Project No. 0 1 3IqL CO%RACTOR /1 I rl FNI�t1N rule r rA ft By: )01�eA�IAIV22Z Name: DAN McCLENDDN, PRESIDENT Title: Date: c� • I STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Ali JP W , known to me to be the person whose name is subscribed to the foregoing instrument, and Mack ow le ed to cne tha he executed the same as the act and deed of AAMe-- clovi �,nv) h0y) h�for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this Z4�ay of 4TIi i , 20 12- . JUWWNE LEWIS UtaALA t- W LO-- MY COMMISSION EXPIRES Nota ryblic in and fo a State of AM 25, 2015 Texas Rev 4-15-10 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. MCCI&XIon Conatnxtort Co., kim P.O. Box 9% Burley, TX 7W97 Check this box if you are filing an update to a previously filed questionnaire. OFFICE USE ONLY Date Received (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. /V / 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. N � Amended 01/1312006 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 J Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes F--] No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes F—]No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F--] No »- D. Describe each affiliation or business relationship. J Describe any other affiliation or business relationship that might cause a conflict of interest. J Va__ l2-� Signature of person doing business with the governmental entity Date Amended 01/13/2006 006113-1 PERFORMANCE BOND Page l of 2 I SECTION 00 61 13 Bond No. TXC 100012 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, McClendon Construction Comnanv. Inc, known as "Principal" herein and 9 Merchants Bonding Company a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Three Hundred 13 Seven Thousand One Hundred Eighty -Nine and 45/100 f5307,189.451, lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum 15 well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City l8 awarded the day of , 20 _, which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as CIP Shiver Road from Meridian Lane. 22 City Proiect Number 01349 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the 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 become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3l Worth Division. CITY OF FORT WORTH CIP 01349 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 5 6 7 8 9 10 11 l2 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 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the d?; it 10 0) , day of ,20 AT ST P ' cipal) Secretary i�...M\I 1 Witness as to Surety PRINCIPAL: McC1n do ConstructionoCompany, In BY• Signature DAN McCLENDON, PRESIDENT Name and Title Address: P.O. BOX 999 Burleson, TX 76097 SURETY: Merchants Bonding company B S ignature Michael D. Hendrickson, Attorney -in -Fact Name -and Title Address: 2100 Fleur Drive Des Moines, IA 50321 Telephone Number: (515) 243-8171 *Note: if signed by an officer of the Surety Company, there must be on rile a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH l'JP 01349 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I.2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SECTION 00 6114 PAYMENT BOND 0061 14 - 1 PAYMENT BOND Page I of 2 Bond No. TXC 100012 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, McClendon Construction Companv Inc, known as "Principal" herein, and Merchants Bonding Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Three Hundred Seven Thousand One Hundred Eighty -Nine and 45/100 ($307,189.45). lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the day ofpGZ , 20___, which Contract is hereby referred to and made a part hereof for all 'purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as CIP Shiver Road from Meridian Lane, City Project Number 01349, 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and 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, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed 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 OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNIEN7:S Itevised July 1. 2011 CIP OI J49 0061 14 - 2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the jyday of 3 , 20 4 ATTEST: j X t—� (P in pa I f §e- cretary Witness to P ' 'pal PRINCIPAL: McClen onstruct ion Company, Inc. BY: Ignatun; DAN MCCLENDON, PRESIDENT Name and Title Address: P.O. Box 999 Burleson, TX 76097 SURETY: Merchants, Bonding Com any ATTEST: BY: ature Michael D. Hendrickson, Attorney -in -Fact �* { rety) e et6� Jennifer J. Clark Name and Title Address: 2100 Fleur Drive Des Moines, IA 50321 Witness o Surety Telephone Number: (515) 243-8171 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 I YP I) I J49 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0061 19. 1 MAINTENANCE BOND Page I of 3 SECTION 00 6119 Bond No. TxC 100012 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we McClendon Construction Comnanv Inc, known as "Principal" herein and Merchants Bonding Company . a corporate Surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Three Hundred Seven Thousand One Hundred Ei h -Nine and 45/100 (S307.189.M lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of , 20 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as CIP Shiver Road from Meridian Lane. City Proieet Number 01349. WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefore at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH CIP 01349 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 006119-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and 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; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORT[[ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 CIP 01349 006119-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this a4114 - 3, 2 instrument by duly authorized agents and officers on this the day of 3 20 4 5 6 7 8 9 10 11 12 13 14 15 16 )7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 C111 ATMSTmil 4 ...ci (Pri cip I) Secretary Witness to pal PRINCIPAL: McClen QonCstructi n ComDan In BY:i1 Signature DAN MCCIENDQN, PRESIDEF Name and Title Address: P.O. Box 999 Burleson, TX 76097 SURETY: ;Merchants Bonding C¢mpany 'By Signatu e Michael D. Hendrickson, ,Attorney -in -Fact Name and Title Address: 2100 Fleur Drive Des Moines, IA 50321 Telephone Number: (515) 243-8171 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUML91'S Revised July I, 2011 CIP 01349 MERCHAN�'S� BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) MERCHANTS ' NATIONS BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. TXC 100012 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Bryan K. Moore, Pat J. Moore, Gary Wayne Wheatley, Joseph Hal Clayburne, Michael D. Hendrickson, Richard A. Deal, Betty J. Reeh, Jennifer J. Clark of San Antonio and State of Texas their true and lawful Attomey-in-Fad, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Nations Bonding Company on August 27, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic 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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of November , 2011 . .•'O .. ° !. Y Go. 0•pRP09•••, O ; Co: V '�.� • i 2003 a • STATE OF IOWA COUNTY OF POLK ss. �O�ORP09'•.''q •. y 1933 : c; MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By /-t"7 774— President On this 1 st day of November , 2011 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARILYN BOYD Commission Number 10012 My Commission Expires November 4, 2013 STATE OF IOWA COUNTY OF POLK ss. Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of . D ! • O\NG , C0 0 pRPUq.G ��p?��1P09 •'Oq'. t ; = V 4� :yc • Z. i -o- q:O: co: o; 2003 �a • :y 1933 c. NBC 0103 (9/11) •%b;N 1`�••: •'��' i �1�c• ••...... Secretary 00 52 43 - 1 Agreement ■ Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 AGREEMENT THIS AGREEMENT, is made by and between 4 The Citv of Forth Worth, a home rule municipal corporation in the State of Texas, acting by and " 5 through its Citv Manager, hereinafter called Citv. and McClendon Construction Co, Inc, a limited 6 partnership. (legal description, e.g. corporation, LP, LLC), authorized to do business in Texas, 7 acting by and through its duly authorized representative, hereinafter called Contractor. City and 8 Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 9 Article 1. WORK " 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 CIP Contract Shiver Road from Meridian Lane 16 City Proiect No. 01349 r 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 210 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. " 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work _ 30 is not completed on time. Accordingly, instead of requiring any such proof , Contractor 31 agrees that as 1_iquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Four Hundred Twentv Dollars ($420.00) for each day that expires after the time ' 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. r . i 00 52 43 - 2 Agreement Page 2 of 5 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of Three Hundred Seven Thousand One Hundred 38 Eighty -Nine and 45/100....................................................................... Dollars 39 ($307.189.45) 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Exhibits to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents 51 b. Current Prevailing Wage Rate Table 52 c. Insurance Accord Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications as included in the Project Manual. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 72 Article 6. INDEMNIFICATION w 00 52 43 - 3 Agreement Page 3 of 5 73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 74 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising out of, or alleged to arise out of, the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 77 under this contract. This indemnification provision is specifically intended to operate 78 and be effective even if it is alleged or proven that all or some of the damages being 79 sought were caused. in whole or in Dart, by anv act. omission or ne lei ence of the citv. 80 This indemnity provision is intended to include, without limitation, indemnity for 81 costs, expenses and legal fees incurred by the city in defending against such claims and 82 causes of actions. 83 84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 85 the city, its officers, servants and employees, from and against any and all loss, damage 86 or destruction of property of the city, arising out of, or alleged to arise out of, the work 87 and services to be performed by the contractor, its officers, agents, employees, 88 subcontractors, licensees or invitees under this contract. This indemnification 89 provision is specifically intended to operate and be effective even if it is alleged or 90 proven that all or some of the damages being sought were caused. in whole or in Dart, 91 by anv act, omission or ne ligence of the citv. 92 93 Article 7. MISCELLANEOUS 94 7.1 Terms. 95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 96 have the meanings indicated in the General Conditions. 97 7.2 Assignment of Contract. 98 This Agreement, including all of the Contract Documents may not be assigned by the 99 Contractor without the advanced express written consent of the City. 100 7.3 Successors and Assigns. 101 City and Contractor each binds itself, its partners, successors, assigns and legal 102 representatives to the other party hereto, in respect to all covenants, agreements and 103 obligations contained in the Contract Documents. 104 7.4 Severability. 105 Any provision or part of the Contract Documents held to be unconstitutional, void or 106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 107 remaining provisions shall continue to be valid and binding upon CITY and 108 CONTRACTOR. 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of 111 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas, Fort Worth Division. lu 00 52 43 - 4 Agreement Page 4 of 5 113 7.6 Other Provisions. 114 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 115 classified, promulgated and set out by the City, a copy of which is attached hereto and 116 made a part hereof the same as if it were copied verbatim herein. r 117 7.7 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly ` 119 authorized signatory of the Contractor. 120 121 SIGNATURE PAGE TO FOLLOW 122 D M Ek f so r M 005243-5 Agreement ' Page 5 of 5 123 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple 124 counterparts. At least one counterpart each has been delivered to City and Contractor. 125 126 This Agreement will be effective on 20 (which is the 127 Effective Date of the Agreement). 128 City of Fort Worth Contractor: MCCLENOON CONST. CO.114C. ' By: C.NrIF Fernando Costa By: ,�yt _uz�-Assistant City Manager ' (Signature) M&COAN ' Date (Printed Name) n Title: Address: PO Box 999 City/State/Zip: Burleson. TX 76097 129 130 131 132 133 134 135 136 137 138 139 140 141 Attest: / // (1w, 0 Mai City (Seal) A o as t FLrrnnd Legality: Ass stant City Attorney APPR COMMENDED: W, Doue s iersig DIRECTO , TRANSPORATION A PUBLIC WORKS DEPARTMENT 1000 Throckmorton St. Fort Worth, Texas 76102 OFFICIAL RECORD . CITY SECRETARY FT, WORTH, TX ' P. SECTION 8 - APPENDICIES GEOTECHNICAL REPORT G:11210\4473-01\Speciflcations\100%X08.0 - SECTION 8 COVER.doc September 28, 2010 Mr. Bryan E. Sherdeb, P.E. Dannenbaum 6421 Camp Bowie Blvd, Suite 400 Fort Worth, Texas 76116 Re: Geotechnical investigation Pavement Reconstruction Collector Street — Shiver Road Fort Worth, Texas Project No. E10-0903 Dear Mr. Sherrieb: MAs TEK Engineering & Associates, Inc. Direct: 817.570.1313 Office: 817.763.8883 Fax: 817.377.2956 e-mail: Brvan.Sherrieb0dannenbaum.com Please find enclosed our report summarizing the results of the geotechnical investigation performed at the above referenced project We trust the recommendations derived from this investigation will provide you with the information necessary to complete your proposed project successfully. For your future construction materials testing and related quality control requirements, it is recommended that the work be performed by Mas-Tek Engineering & Associates, Inc. in order to maintain continuity of inspection and testing services for the project under the direction of the geotechnical project engineer. We thank you for the opportunity to provide you with our professional services. If we can be of further assistance, please do not hesitate to contact us. Sincerely, MAS-TEK ENGINEERING & ASSOCIATES --A4 4 4/&'rt§ Michael D. Roland, P.E. Project Engineer MAS-TEK ENGINEERING & ASSOCIATES TEXAS REGISTERED ENGINEERING FIRM F-1418 Geotechnic2 5132 Sharp Street Dallas, Texas 75247 Testing 972 709-7384 TABLE OF CONTENTS PAVEMENT RECONSTRUCTION COLLECTOR STREET - SHIVER ROAD FORT WORTH, TEXAS PAGE 1.0 INTRODUCTION.......................................................................................................2 1.1 PROJECT DESCRIPTION........................................................................................2 1.2 PURPOSE AND SCOPE..............................................................................2 2.0 FIELD INVESTIGATION............................................................................................2 3.0 LABORATORY TESTING..........................................................................................3 4.0 SITE AND SUBSURFACE CONDITIONS..................................................................3 4.1 GENERAL SITE CONDITIONS......................................................................3 4.2 SUBSURFACE CONDITIONS.......................................................................4 4.3 EXISTING FILL SOIL.....................................................................................4 4.4 SITE GEOLOGY.....................................................................................4 4.5 GROUNDWATER CONDITIONS...................................................................4 4.6 SOIL MOVEMENTS.......................................................................................5 5.0 ANALYSIS AND RECOMMENDATIONS...................................................................5 5.1 PAVEMENT RECOMMENDATIONS..................................................:...........5 5.2 EXISTING FILL SOILS........................:..........................................................6 5.3 SUBGRADE PREPARATION........................................................................6 5.4 LIME STABILIZATION...................................................................................7 5.5 DESIGN AND CONSTRUCTION REQUIREMENTS......................................8 5.6 PAVEMENT SECTION RECOMMENDATIONS.............................................8 5.6.1 COLLECTOR ROAD (OLD SHIVER ROAD).....................................9 5.6.2 DESIGN REQUIREMENTS ....................... :...................................... 10 5.7 PAVEMENT CONSIDERATIONS................................................................11 5.8 SITE GRADING AND DRAINAGE...............................................................12 5.9 FIELD SUPERVISION AND DENSITY TESTING........................................12 6.0 EXISTING TREES ALONG CURB LINES...............................................................13 7.0 LIMITATIONS..........................................................................................................14 ILLUSTRATIONS FIGURES PLAN OF BORINGS LOGS OF BORINGS LEGEND - KEY TO LOG TERMS & SYMBOLS SWELL SUMMARY SOLUBLE SULFATES TEST RESULTS LIME SERIES RESULTS MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 1 j PAVEMENT RECONSTRUCTION COLLECTOR STREET — SHIVER ROAD FORT WORTH, TEXAS 1.0 INTRODUCTION 1.1 PROJECT DESCRIPTION New Pavement construction is to occur along a 1450 foot length of Shiver Road in Fort Worth, Texas (west of Meridian Lane). It is understood that the two lane existing concrete roadway will remain and that two additional lanes will be constructed to achieve a 4-lane un- divided roadway. The new pavement sections will be doweled into the existing pavement. It is understood that excavation depths of less than 12 inches are required for the new roadway. Pavement design was performed per the current Fort Worth Pavement Design Standards Man4al with the exception that only typical testing needed for pavement design was performed as detailed below. Proctor compaction, UU Triaxial test and CBR tests were not performed. CBR correlations were base on soil strength, swell and index properties. 1.2 PURPOSE AND SCOPE The purposes of this geotechnical investigation were to: 1) explore the subsurface conditions at the site, 2) provide boring logs that present subsurface conditions encountered including water level observations and laboratory test results, 3) provide thickness measurements of the existing pavements at the core locations, and 4) provide subgrade and pavement recommendations for roadway reconstruction. This investigation was performed in accordance with our Proposal No. P10-0813E dated August 31, 2010. 2.0 FIELD INVESTIGATION The field investigation consisted of drilling four (4) test borings for the new road (131 thru 64). The borings were drilled at locations shown on Figure 1. The test borings were advanced to depths of 10 feet. MAS-TEK ENGINEERING S ASSOCIATES E10-0903 PAGE 2 A truck -mounted drilling rig was used to advance the borings and to obtain samples for laboratory evaluation. The boring locations were located at the approximate locations shown on the Boring location plan (Figure 1). Undisturbed samples of cohesive soils were obtained at intermittent intervals with standard, thin -walled, seamless tube samplers. These samples were extruded in the field, logged, sealed, and packaged to protect them from disturbance and maintain their in -situ moisture content during transportation to our laboratory. A split -spoon sampler was used to obtain samples of granular soils in accordance with the Standard Penetration Test. Rock hardness was evaluated by cone penetration tests. The test borings were backfilled and plugged with concrete upon completion. The results of the boring program are presented on the Logs of Borings, Figures 2 through 5. A key to the descriptive terms and symbols used on the logs is presented on Figure 6. 3.0 LABORATORY TESTING Laboratory tests were performed on representative samples of the soil to aid in classification of the soil materials. These tests included Atterberg limits tests and moisture content tests. Hand penetrometer tests were performed on the clay soil samples to provide indications of the swell potential and the foundation bearing properties of the subsurface strata. The results of these tests are presented on the Logs of Borings (Figures 2 through 5). The results of swell tests performed on representative samples of the clay soils at this site are shown on Figure 7. Lime Series and Soluble Sulfate tests were also performed on selected samples (see Figures 8 and 9). 4.0 SITE AND SUBSURFACE CONDITIONS 4.1 GENERAL SITE CONDITIONS New Pavement construction is to occur along a 1450 foot length of Shiver Road in Fort Worth, Texas (west of Meridian Lane). It is understood that the two lane existing concrete roadway will remain and that two additional lanes will be constructed to achieve a 4-lane un- divided roadway. The new pavement sections will be doweled into the existing pavement. It is understood that excavation depths of less than 12 inches are required for the new roadway. MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 3 Pavement design was performed per the current Fort Worth Pavement Design Standards Manual with the exception that only typical testing needed for pavement design was performed as detailed below. Proctor compaction, UU Triaxial test and CBR tests were not performed. CBR correlations were base on soil strength, swell and index properties. 4.2 SUBSURFACE CONDITIONS Subsurface conditions encountered in the borings, including descriptions of the various strata and their depths and thickness, are presented on the Logs of Borings. Note that depth on all borings refers to the depth from the existing grade or ground surface present at the time of the investigation. Boundaries between the various soil types are approximate. 4.3 EXISTING FILL SOIL Existing fill soils were generally encountered to depths of 2' to 3' at the boring locations. The fill consists of high plasticity clay soils containing varying amounts of broken limestone (including limestone cobble). 4.4 SITE GEOLOGY As shown on the Tarrant County sheet of the Geologic Atlas of Texas, the site is located in areas underlain by the undivided Fort Worth Limestone and Duck Creek Formation. The Formations typically consist of interbedded layers of limestone, clay and marl. Soils derived from the formations are typically highly plastic clays exhibiting a high shrink/swell potential with variations in moisture content. 4.5 GROUNDWATER CONDITIONS The borings were advanced using continuous flight auger methods. Advancement of the borings using these methods allows observation of the initial zones of seepage. Groundwater was not encountered during drilling and the borings were dry at completion. The borings were backfilled and plugged with concrete immediately upon completion of the borings each day, therefore, long term water level readings could not be obtained. It is not possible to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations. The subsurface water conditions are subject to change with variations in climatic conditions and are functions of subsurface soil conditions, rainfall and water levels within nearby creeks. MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 4 4.6 SOIL MOVEMENTS Our scope of work did not include PVR studies or recommendations to reduce soil swell PVR. However, the subsurface exploration revealed clay soils having a moderate to high shrink/swell potential depending upon the moisture condition. See Figure 7. Also, as mentioned above, soils derived from the geologic formations are typically highly plastic clays exhibiting a high shrink/swell potential with variations in moisture content. Therefore, differential soil swell movements should be anticipated along the roadways and at locations where new pavement sections will be scabbed onto the existing pavement at turn lanes and at intersections. Ponding conditions near the reconstructed pavements must be avoided. See Section 6.0 regarding settlement considerations related to existing trees along the curb lines. Note: Two lanes of new pavement will be doweled into the existing pavement. Due to the presence of dry highly expansive subgrade soils, large differential pavement movements due to soil swelling are anticipated. This would result in excess differential pavement deflection and excessive cracking. A median between the eastbound and westbound lanes would be preferred. If this is not possible, excavation and moisture conditioning should be considered to reduce differential pavement movements between the new lanes and the old lanes. If it is desired to reduce differential pavement movements, shallow borings should be drilled just prior to construction to determine excavation depths required to reduce soil swell movements based on the actual soil moisture condition and swell potential at the time of construction. 5.0 ANALYSIS AND RECOMMENDATIONS 5.1 PAVEMENT RECOMMENDATIONS We understand that Shiver Road is classified as Residential Collector with the City of Fort Worth. The following traffic data was obtained from Table 4.1 of the City of Fort Worth's 2005 Pavement Design Standards Manual and was used in developing the pavement section recommendations. Arterial Annual ESALS 100,000 % Growth 1.5% Design Life 25 years MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 5 5.2 EXISTING FILL SOILS Existing fill was encountered along the alignment to depths of 2' to 3'. See Section 4.3. In order to provide adequate pavement support, we recommend that all fill soil including any existing trench backfill be tested for compaction. All non -compact backfill (having a compaction level below 95% ASTM D 698) should be removed and replaced in 8 inch compacted lifts. We recommend that the base of cut be compacted prior to fill placement. We recommend that a Mas-Tek Engineer or his representative observe the base of cut and compaction operations. The contract documents should specified that the contractor is responsible to protect all existing underground utilities from damage during excavation and compaction operations. After excavation to the required subgrade elevation, the entire subgrade should be proofrolled. Proofroliing can generally be accomplished using a heavy (25 ton or greater total weight) pneumatic tired roller making several passes over the areas. Where soft, loose or compressible zones are encountered, these areas should be removed to a firm subgrade. Wet or very moist surficial materials may need to be undercut and either dried or replaced with proper compaction or replaced with a material which can be properly compacted. Any resulting void areas should be backfilled to finished subgrade in 8 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D 698. Clay soils having a PI over 25 should be compacted at optimum to +3% above optimum. Sandy soils having a PI less than 25 should be compacted at -2 to +2 percentage points of its optimum moisture content. After proofrolling is performed and any soft, loose or compressible zones are removed and replaced, compact upper 8 inches of subgrade to 95% ASTM D698 as specified above. Then fill to pavement subgrade using on -site clay soils. Compact the fill in 8 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D 698 as specified above. Since lime -stabilization is to be performed, the upper 8 inches of the pavement subgrade should consist of clay and sandy clay soils that are relatively free of large rock. Sand should not be used as fill in the upper 8 inches of the pavement subgrade since lime stabilization is to be performed. 5.3 SUBGRADE PREPARATION It is recommended that provisions be made in the contract documents to provide for proofroiling in areas where the subgrade will support new pavements. It is also MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 6 recommended that an item be included for removal and replacement of soft materials which are identified by this procedure. See Section 6.7. Surficial clays are present at these sites that are subject to losses in shear strength with increases in moisture content beneath the paving. They typically react with hydrated lime which serves to improve their support value at higher moisture levels and provides a firm, uniform subgrade beneath the paving. 5.4 LIME STABILIZATION Based upon the results of Atterberg limits testing, 9 percent hydrated lime by dry weight (54 pounds per square yard per 8-inch depth) should be anticipated to stabilize the existing clay subgrade. Based on sulfates tests performed on subgrade soils at random boring locations, sulfates levels are below 1000 ppm. Therefore, conventional lime stabilization procedures may be used per TxDOT Item 260. It should be determined after final grading that sulfates levels are below 2000 ppm. The actual lime requirement will depend upon the actual subgrade soils exposed at final grade. We recommend that lime / Atterberg limits tests and sulfate tests be performed once final pavement subgrade has been achieved in order to determine the optimum amount of hydrated lime required to stabilize the subgrade and to verify that sulfates levels are below 2000 ppm. The lime should be thoroughly mixed and blended with the highly active subgrade soil (TxDOT Item 260) and the mixture compacted to a minimum of 98 percent of maximum dry density as determined in accordance with ASTM D698, within 2 percentage points of the soil's optimum moisture content. We recommend that this lime stabilization extend 1 to 2 feet beyond pavement edges, if possible, in order to reduce the effects of shrinkage during extended dry periods. After blue top stakes are set in preparation for grading the lime stabilized subgrade, depth checks should be performed to verify that the specified depth of stabilization is present after final grading of the stabilized subgrade. Sand should be specifically prohibited beneath pavement areas during final grading (after stabilization), since these more porous soils can allow water inflow, resulting in heave and strength loss of subgrade soils. It should be specified that only lime -stabilized soil (or MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 7 compacted rock fines where limestone is present at final pavement subgrade) will be allowed for fine grading. After fine grading each area in preparation for paving, the subgrade - surface should be lightly moistened, as needed, and recompacted to obtain a tight non - yielding subgrade. Project specifications should allow a curing period between initial and final mixing of the lime/soil mixture. After initial mixing, the lime treated subgrade should be lightly rolled and maintained at or within 5 percentage points above the soil's optimum moisture content until final mixing and compaction. We recommend a 2 to 3 day curing period for these soils. The following gradation requirements are recommended for the stabilized materials prior to final compaction: Percent Minimum Passing 1 3/4" Sieve 100 Minimum Passing 3/4" 85 Minimum Passing No. 4 Sieve 60 All non -slaking aggregates retained on the No. 4 sieve should be removed prior to testing. 5.5 DESIGN AND CONSTRUCTION REQUIREMENTS The stabilized subgrade should be protected and moist cured or sealed with a bituminous material for a minimum of 7 days or until the pavement materials are placed. Pavement areas should be graded at all times to prevent ponding and infiltration of excessive moisture on or adjacent to the pavement areas. Due to the presence of expansive clay soils, differential pavement movements should be anticipated. Inspection during construction is particularly important to insure proper construction procedures are followed. All joints must be effectively sealed. Ponding conditions should not be allowed in any area. Where asphaltic concrete pavement is used, a geotextile separator should be placed on the lime -stabilized subgrade at the contact between the flex base and the lime -stabilized subgrade. The geotextile shall be as specified in the "Special Technical Specifications" in Appendix C of the City of Fort Worth's 2005 Pavement Design Standards Manual. 5.6 PAVEMENT SECTION RECOMMENDATIONS The pavement section recommendations provided below were designed based upon AASHTO Guide for Design of Pavement Structures using DARWin 3.1 computer program. A MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 8 summary of the inputs are provided below: 5.6.1 COLLECTOR ROAD (SHIVER ROAD) Concrete Pavement Design E 18's: 3,006,300 (100,000 ESALs / year for 25 years with 1.5% growth rate) Initial Serviceability: 4.5 Terminal Serviceability: 2.5 Modulus of Rupture: 600 psi (4,000 psi Concrete) Elasticity Modulus: 4,000,000 psi Effective k-value: 200 psVin - for 8 inches of lime -stabilized subgrade Reliability Level: 85% Standard Deviation: 0.39 Load Transfer J: 3.2 Drainage Coefficient: 1.0 Asphalt Pavement Design E 18's: 3,006,200 (100,000 ESALs / year for 25 years with 1.5% growth rate) Initial Serviceability: 4.2 Terminal Serviceability: 2.5 Soil Resilient Modulus: 4,118 (untreated subgrade — CBR of 3) Reliability Level: 85% Overall Deviation: 0.45 MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 9 The following Table presents the recommended pavement section for Shiver Road. RECOMMENDED PAVEMENT SECTIONS * .Q.IT (s0]F'F.,OR WOR7W'CO �ikECTOR ROA[i'`(.Stiiver Roa�ij; PCC SECTION 9 inch Portland Cement Concrete (4,000 psi Concrete)" 8 inch Lime Stabilized Subgrade HMAC SECTION 4 inch Type C Surface Course (2 lifts) 4 inch Type B Binder Course (2 lifts) 12 inch Crushed Stone Flex Base or Crushed Concrete Base (2 to 3 lifts) 8 Inch Lime Stabilized Subgrade " -The recommended pavement sections above include a small construction tolerance. 5.6.2 DESIGN REQUIREMENTS The concrete having a minimum 28 day compressive strength of 4,000 psi. Concrete quality will be important in order to produce the desired flexural strength and long term durability. Assuming a nominal maximum aggregate size of 1 inch to 1 3/8 inches, we recommend that the concrete have entrained air of 5 percent (# 1 %) with a maximum water cement ratio of 0.40. Proper joint placement and design is critical to pavement performance. Load transfer at all joints and maintenance of watertight joints should be provided. Control joints should be sawed as soon as possible after placing concrete and before shrinkage cracks occur. All joints including sawed joints should be properly cleaned and sealed as soon as possible to avoid infiltration of water. The joint construction and spacing and reinforcing should be in accordance with the City of Fort Worth's 2005 Pavement Design Standards Manual based on the actual concrete thickness used for each road. As a minimum, the reinforcement should consist of No. 4 bars on 24 inch centers in each direction. We recommend that the perimeter of the pavements have a stiffening curb section to prevent possible distress due to heavy wheel loads near the edge of the pavements and to provide channelized drainage. 1 MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 10 All asphaltic concrete construction should comply with requirements of TxDOT, Item 340 (1993 Edition). The flex base should meet requirements of TxDOT Item 247, Type A, Grade 1, compacted in 4 to 6 inch lifts at or above optimum moisture content to a minimum of 95% Modified Proctor density (ASTM D1557). 5.7 PAVEMENT CONSIDERATIONS It is recommended that provisions be made in the,contract to provide for proofrolling in areas where the subgrade will support new pavements. It is also recommended that an item be Included for removal and replacement of soft materials, which are identified by this procedure. Proofrolling can generally be accomplished using a heavy (25 ton or greater total weight) pneumatic tired roller making several passes over the areas. Where soft or compressible zones are encountered, these areas should be removed to a firm subgrade. Wet or very moist surficial materials may need to be undercut and either dried or replaced with proper compaction or replaced with a material which can be properly compacted. Any resulting void areas should be backfilled to finished subgrade in 6 inch compacted lifts compacted to 95 percent of maximum dry density as determined by ASTM D698. Clay soils having a PI over 25 should be compacted at optimum to +3% above optimum. Sandy soils having a PI less than 25 should be compacted at -2 to +2 percentage points of its optimum moisture content. Achieving the required field density is dependent upon the adequate pulverization of the clay fill materials, the magnitude of compaction energy and the maintenance of field moisture near optimum. All joints and pavements should be inspected at regular intervals to ensure proper performance and to prevent crack propagation. The soils at the site are active and differential heave within the paving areas will occur. In some areas, relatively deep expansive clay soils are present. Large upward pavement movements due to soil swelling are anticipated in these areas. Large differential upward pavement movement could also occur in any areas where the pavement is widened. If it is desired to reduce differential upward soils swell movements, excavation and moisture conditioning in lifts would be required. The extent of excavation would depend upon the desired tolerance for movement. The service life of paving may be reduced due to water infiltration into subgrade soils through heave induced cracks in the paving section. This will result in softening and loss of MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 11 strength of the subgrade soils. A regular maintenance program to seal paving cracks will help prolong the service life of the paving. The life of the pavement can be increased with proper drainage. Areas should be graded to prevent ponding adjacent to curbs or pavement edges. Backfill materials, which could hold water behind the curb, should not be permitted. Flat pavement grades should be avoided. Due to the presence of deep utility backfll in some areas and highly expansive day in other areas, the use of reinforced concrete pavement would be preferred to accommodate differential pavement movements. 5.8 SITE GRADING AND DRAINAGE All grading should provide positive drainage away from the proposed pavements and should prevent water from collecting or discharging near the pavements. Water must not be permitted to pond adjacent to the runway pavements during or after construction. Otherwise, soil swell movements could exceed the estimates contained in this report. The pavements will be subject to some post construction movement. Joints in the pavements should be sealed to prevent the infiltration of water. Since some post construction movement of pavement may occur, joints should be periodically inspected and resealed where necessary. 5.9 FIELD SUPERVISION AND DENSITY TESTING Field density and moisture content determinations should be made on each lift of fill with a minimum of 1 test per 150 I.f. of pavement and/or utility backfill. Supervision by the field technician and the project engineer is required. Some adjustments in the test frequencies may be required based upon the general fill types and soil conditions at the time of fill placement. Many problems can be avoided or solved in the field if proper inspection and testing services are provided. It is recommended that all site and subgrade preparation and pavement placement be monitored by a qualified engineering technician. Density tests should be performed to verify compaction and moisture content of any earthwork. Inspection should be performed prior to and during concrete and asphalt placement operations. Mas- Tek Engineering & Associates, Inc. employs a group of experienced, well -trained MAS-TEK ENGINEERING & ASSOCIATES I E10-0903 PAGE 12 technicians for inspection and construction materials testing who would be pleased to assist you on this project. 6.0 EXISTING TREES ALONG CURB LINES The roots of mature trees absorb large amounts of moisture from the supporting soils to depths of over 15 feet. The lateral limits of tree root influence extend at least 5' beyond the unpruned drip line (and to greater distances when the ground beneath the drip lines is paved). Tree root systems often cause soil shrinkage and localized pavement settlement. To reduce future settlement after reconstruction, root barriers could be considered in the area of any mature tree. An arborist should be contacted regarding the required depth of the root barrier and whether or not this is a viable solution. Root barriers along both curb lines would require large roots to be severed. This might kill the trees. If this occurred, large pavement heave would then occur as described above (same as removing trees). If the barriers are effective in reducing soil suction from the root systems, large differential heave would still occur as the soils regain lost moisture causing differential heave due to soil swelling. Root barriers may be an effective alternative if they are installed when the trees are originally planted (or prior to existing trees reaching mature heights). In our opinion, the most practical solution is to reconstruct the roadways with reinforced concrete. If desired, additional concrete thickness (over the required design thickness) could be used to provide additional rigidity to the pavement to assist in accommodating differential deflections caused by post construction shrink/swell movements. Additional steel reinforcement could also be used to further stiffen the pavement. Either larger bars on a closer spacing, or two mats of steel could be used. A structural engineer could be consulted regarding the most cost effective reinforcement design for roadways bordered with mature trees. If differential settlements due to ground shrinkage caused by the trees become objectionable, these areas could be mudjacked in the future as needed to level the pavement. MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 13 7.0 LIMITATIONS The professional services, which have been performed, the findings obtained, and the recommendations prepared were accomplished in accordance with currently accepted geotechnical engineering principles and practices. The possibility always exists that the subsurface conditions at the site may vary somewhat from those encountered in the test borings. The number and spacing of test borings were chosen in such a manner as to decrease the possibility of undiscovered abnormalities, while considering the nature of loading, size, and cost of the project. If there are any unusual conditions differing significantly from those described herein, Mas-Tek Engineering & Associates, Inc. should be notified to review the effects on the performance of the recommended foundation system. The recommendations given in this report were prepared exclusively for the use of the client, and their consultants. The information supplied herein is applicable only for the design of the previously described development to be constructed at locations indicated at this site and should not be used for any other structures, locations, or for any other purpose. We 1YIII retain the samples acquired for this project for a period of 30 days subsequent to the submittal date printed on the report. After this perlod, the samples will be discarded unless _ otherwise notified by the owner in writing. MAS-TEK ENGINEERING & ASSOCIATES E10-0903 PAGE 14 e+s}.LFtl�'14 j.Fla04 rrc-•c f+_F �. '.r4Y) ► - Fr - ._ urn L'F.ra jE' �fF; Cr«I �;rj?a k i `ryp 'r asr r r y.. tit qr ;L • ! I �4.� � - I i m S�nl.^W'f�:�aR4^ t E + Y' �z� � st : �. { ��` r 54 • TM a� Jill Ili -. � I �',. , '-r r I d, ••`'u=i' = � ° �t . 't4- SPur�lRidge Ct r 7r 7; - '� t .P�1 Ir f rt .�..x r }, •j! :. t •1G' ,�' t i �• i ,.,y.=_ I '.)'� c `r 1 TO _+ 11 V rt S NOAEA FUhS GNU MCyA6GEBC0 1i atn T. _'`~'K. 7, • s+�r-.. - ter, �,� tt•. .•j ... :,�Y<. GooQle rrc-•c f+_F �. '.r4Y) ► - Fr - ._ urn L'F.ra jE' �fF; Cr«I �;rj?a k i `ryp 'r asr r r y.. tit qr ;L • ! I �4.� � - I i m S�nl.^W'f�:�aR4^ t E + Y' �z� � st : �. { ��` r 54 • TM a� Jill Ili -. � I �',. , '-r r I d, ••`'u=i' = � ° �t . 't4- SPur�lRidge Ct r 7r 7; - '� t .P�1 Ir f rt .�..x r }, •j! :. t •1G' ,�' t i �• i ,.,y.=_ I '.)'� c `r 1 TO _+ 11 V rt S NOAEA FUhS GNU MCyA6GEBC0 1i atn T. _'`~'K. 7, • s+�r-.. - ter, �,� tt•. .•j ... :,�Y<. GooQle LOG OF BORING B-1 Project: Shiver Road - Ft. Worth, Texas Project No.: E10-0903 Date: 09/16/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: y I ELEVATIOW SOIL SYMBOLS MC` LL ;BL 2Dp pp PPEN UNCON' SUain DEPTH. I SAMPLER 6YMH015 DESCRIPTION ,,� x P! ! U680 8 FIELD TEST DATAf. ° Brown & dark brown CLAY w/ limestone fragments iq as+ & limestone cobble (FILL) 4sa Reddish brown & gray marly CLAY, slickensided & W U 24— 41� 41".+. — — _ blocky w/ iron ore seams S a = 13 713; 45++ _ AS+ Boring terminated at 10' i I _3 I i Notes: FIG URE:2 MTE, INC. LOG OF BORING B-2 Project: Shiver Road - Ft. Worth, Texas Project No.: E10-0903 Date: 09/15/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: I. '.EVA ! EL" SOIL SYMBOLS MC LL. PL 20U DD P:PEN' UNCON 81rafn i o�PTti SAMPLER SYMBOLS DESCRIPTION r, (taoU S FIELD TEST DATA: 9i i•% %• 56 pd Ict, ke1 9E .b Dark brown & brown CLAY w/ limestone fragments ^?"` & calcareous nodules (FILL) 21 62 22 40 32 S+ ! Brown CLAY w/ trace calcareous nodules & iron 'B 4.6; -- — ore pieces 3:+ � Tan & light gray CLAY w/ calcareous nodules 41 2:s 26 '6D 22 2d 23 2'4 Tan & light gray marls CLAY w/ calcareous deposits ' s'Q Boring terminated at 10' i Notes: i . . MTE, INC. FIGURE:3 i LOG OF BORING B-3 Project: Shiver Road - Ft. Worth, Texas Project No.: E10-0903 ' Date: 09/16/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: ELEVATION/ SOIL SYMBOLS MC LL PL 200 DD P,PEN UNCON Strain DEPTH SAMPLER SYMBOLS DESCRIPTION PI s Ifeet) & FIELD TEST DATA % % % % Pd lef kef % t Brown CLAY ---1——�-1.5-- --- 27 69 23 46 1.6 27 2.25 41 � z 2-6 e Brown & tan CLAY w/ calcareous nodules — Tan & light gray CLAY w/ calcareous nodules —2-6-- — — -' 22 5B 20 311 2-4 i Z25 _ -�o Tan weathered LIMESTONE w/ clay seams, frac, Boring terminated at 10' 20 - - 25 3D Notes: FIGURE:4 - -- - -- — _— . MTE, INC. —.. LOG OF BORING B-4 Project: Shiver Road - Ft. Worth, Texas Project No.: E10-0903 Date: 09/16/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: ELEVATION! SOIL SYN►BOL8 OEP?H I S_MRL.ERSYMBOLS: DESCRIPTION MQ . PL, pj. 7�: DU P.pEN. UNCON SlFam f1e§I) 8 FIELD.TEST DATA °�!!. `.. Ra ief Ity4f 'h i I Brown & dark brown CLAY w/ limestone fragments 26 (FILL) z?: sn .io 2.1 MR Dark brown CLAY -- - —ao— -- Brown CLAY w/ trace calcareous nodules 9•4 r 2D. 52 18 34 2.46 Tan sandv CLY w/ gravel seams �z•e -wl very hard imestone seams below 6' x25 Tan marls CLAY w/ hard limestone-- �10 Boring terminated at 10' Notes: FIGURE:5 -- - - - -- - —_. MTE, INC. _ _; KEY TO LOG TERMS & SYMBOLS Symbol Deser.ption 'Strata svmbols CLAY Marly Clay r'itiW LIMESTONE, MEOWS rAno" ■MEW■weathered CLAY, wady Soil Samplers ® Thin Wall Shelby Tube Notes: 1. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment. 2. Water level observations are noted on boring logs. 3. Results of tests conducted on samples recovered are reported on the boring logs. Abbreviations used are: DD = natural dry density (pef) LL = liquid limit (�) MC = natural moisture content PL = plastic limit M Uncon.= unconfined compression (tsf) PI = plasticity index P.Pen.= hand penetrometer (tsf) -200 = percent passing #200 4. Rock Cores REC = (Recovery) sum of core sample recovered divided by length of run, expressed as percentage. RQD = (Rock Quality Designation) sum of core sample recovery 4" or greater in length divided by the run, expressed as percentage. FiGURE:6 MTE, INC. SWELL TEST RESULTS BORING DEPTH DRY IN -SITU FINAL LOAD % NO. (FEET) DENSITY MOISTURE MOISTURE (Psf) VERTICAL (pef) CONTENT CONTENT SWELL B-1 5-6 113.4 17.8 24.3 688 10.0 PROCEDURE: 1. Sample placed in confining ring, design load (including overburden) applied, free water with surfactant made available, and sample allowed to swell completely. 2. Load removed and final moisture content determined. WELL TM RESULTS - - SHIVER ROAD le J—Ff.VIf011.7lEKAS M+M-TWw - - MASrTEK ENGINEERING & ASSOCIATES El0.0903 DATE: 09/27/2010 1 FIGURE:7 J SOLUBLE SULFATES PPM TEST RESULTS BORING DEPTH SOLUBLE AVERAGE NO. (Fr,) SULFATES SULFATES (PPM) (PPM) 920.0 B-1 2-3 923 926.7 106.7 B-3 1-2 110 113.3 oe,kL t7 Mws-TICM Can sk r SOLUBLE SULFATES TEST FM L -S- SHIVER ROAD FORT WORTH. TOAS MAS-TEK ENGINEERING & ASSOCIATES E10-0903 I DATE:09/27/2010 1 FIGURE:8 TW ow LIME SERIES RESULTS BORING DEPTH LIME LIQUID PLASTICITY NO. (FEET) ADDED LIMIT INDEX ON VQ (�) B-3 1-2 0 69 46 1-2 5 54 20 1-2 7 53 16 1-2 9 50 12 --,Q:V# LIME- SERE TEST RESULTS -SHIVERROAD -- - - - _ / FT. WORM TMUM Mas-TEc Engineering MAS-TEK ENGINEERING & ASSOCIATES 8c Assaeiates, Inc. E10-0903 I DATE: 09/27/2010 FIGURE: 9