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HomeMy WebLinkAboutContract 33468 CITY SECRETARY D.O.E. FILE CITY SECRETARY CONTRACT NO. v CONTRALTODING CO. CONSTRUCTI ]FOP wo CLIENT DEPART RTH SPECIFICATIONS AND CONTRACT DOCUMNETS FLOYD-HANOVER STORM DRAIN AND - WATER LINE CONSTRUCTION PROJECT NUMBERS: T/PW-C115-020115035542 WATER- PW53-060530178000 SEWER-PS58-070580176410 OF �,`1�titutittt DOE NO. 4303 '� `'' '•9s �.. .........................:*r CANNON R.HENRY r NOVEMBER 2005 1jl 9t` 93668 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER DOUGLAS RADEMAKER, P.E.-DIRECTOR DEPARTMENT OF ENGINEERING PARED BY: DEPARTMENT OF ENGINEERING ORIGINAL -., 04-28-Q6 A11 :43 IN City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/4/2006 - Ordinance No. 16880-04-2006 DATE: Tuesday, April 04, 2006 LOG NAME: 30FLOYD-HANOVER REFERENCE NO.: **C-21384 SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Contract with S.H.U.C., Inc., for Floyd- Hanover Storm Drain and Water Line Construction RECOMMENDATION: It is recommended that the City Council: 1. Authorize transfer of $47,192.20 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of$43,329.55, and the Sewer Capital Project Fund in the amount of$3,862.65; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $43,329.55 and the Sewer Capital Projects Fund in the amount of$3,862.65 from available funds; and 3. Authorize the City Manager to execute a contract with S.H.U.C., Inc., in the amount of$110,525.20 and 70 working days for the Floyd-Hanover Storm Drain and Water Line Construction Contract. DISCUSSION: The work to be performed under this contract consists of drainage and water improvements that shall include a storm drain system, an 8-inch water line and other pertinent construction required to provide storm water and water service to citizens. This project was advertised in the Commercial Recorder on November 10, 2005 and November 17, 2005. The following bids were received on December 8, 2005: BIDDERS AMOUNT TIME OF COMPLETION S.H.U.C., Inc. $110,525.20 70 Working Days Thunderbird Utility Construction $133,791.00 PAEE Engineering Co. $167,301.40 North Texas Contracting, Inc. $178,000.00 Tri-Tech Construction, Inc. $179,729.00 Mares Concrete, L.L.C. $178,085.65 S.H.U.C., Inc., is in compliance with the City's M/WBE Policy by committing to 16% M/WBE participation. The City's goal on this project is 16%. In addition to construction costs, funding in the amount of $2,950.00 is required for inspection and $2,107.00 is required for contract contingency. Logname: 30FLOYD-HANOVER Page 1 of 2 The project is located in COUNCIL DISTRICT 3, Mapsco 74T. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of Recommendation 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2)PW53 472045 060530178000 $43,329.55 1)PE45 538070 0609020 $43,329.55 1&2)PS58 472045 070580176410 $3,862.65 1)PE45 538070 0709020 $3,862.65 2)PW53 541200 060530178000 $40,621.55 3)PW53 541200 060530178000 $38.687.20 2)PW53 531350 030530178000 $2,708.00 3)PS58 541200 070580176410 $3,448.00 2)PS58 541200 070580176410 $3,620.65 3)C115 541200 020115028933 $68.390.00 2)PS58 531350 030580176410 $242.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Logname: 30FLOYD-HANOVER Page 2 of 2 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING DESIGN SERVICES DIVISION ADDENDUM NO. 1 FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION PROJECT NUMBERS: C115-020115035542 PW53-060530178000 PS58-070580176410 DOE NO. 4303 RELEASE DATE:December 2,2005 INFORMATION TO BIDDERS: w The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: w 1. In the Proposal,Section A,UNIT I-WATER,on page B4,amend the bid quantities to read as follows: 14. 660 LF. 2-Inch Hot Mix Temporary Pavement, Per Linear Foot Dollars and Cents $ $ 2. In the Proposal,Section B,UNIT I-SEWER,on page B-5,amend the bid quantities to read as follows: 5. 30 LF. 2-Inch Hot Mix Temporary Pavement, Per Linear Foot Dollars -� and Cents $ $ �r 3. In the Proposal,Section B,UNIT II—STORM DRAIN CONSTRUCTION,on page B-9,amend the bid quantities to read as follows: 14. 520 LF. 2-Inch Hot Mix Temporary Pavement, Per Linear Foot ®. Dollars and Cents $ $ Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: A.DOUGLAS RADEMAKER,P.E. DIRECTOR,DEPARTMENT OF ENGINEERING By: Bryan Beck,P.E. Manager,Design Services go w w w TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS -WATER DEPARTMENT 3. SPECIAL INSTRUCTIONS TO BIDDERS -T/PW DEPARTMENT 4. PROPOSAL VENDOR COMPLIANCE TO STATE LAW 5. MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS 6. PART C - GENERAL CONDITIONS 7. SUPPLEMENTARY CONDITIONS TO PART C-GENERAL CONDITIONS 8. PART D - SPECIAL CONDITIONS 9. PART DA-ADDITIONAL SPECIAL CONDITIONS 10. SPECIFICATIONS (WATER DEPARTMENT) 11. STANDARD DETAILS (WATER DEPARTMENT) 12. SPECIAL PROVISIONS (T/PW DEPARTMENT) 13. DETAILS (T/PW DEPARTMENT) 14. CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CITY CONTRACT - 1 - NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: FOR: FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION DOE NO. 4303 Project Numbers: T/PW—C115-020115035542 WATER- PW53-060530178000 SEWER—PS58-070580176410 Bids should be addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas and will be received at the Purchasing Office until 1:30 PM,Thursday,December 8,2005 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Department of Engineering, Second Floor, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets of documents will be provided for purchase for a nonrefundable price of thirty dollars($30.00)per set. Bid security is required in accordance with the Special Instruction to Bidders. Submission of Bids: The proposal (Unit I and Unit II)within this document is designed as a package. In order to be consider an acceptable bid, the Contractor is required to submit a bid for both Unit I and Unit U. A bid proposal submittal that is received 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 Department of Engineering reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. Pre-qualification Requirements for Water Department Work: The water and/or sanitary sewer improvements must be performed by a contractor who is pre-qualified by the Water Department at the time of bid opening. A general contractor who is not pre-qualified by the Water Department, must employ the services of a sub-contractor who is pre-qualified. The procedure for pre-qualification is outlined in the"Special Instructions to Bidders(Water Department)". 11 Bidders shall, if applicable, identify on the last page of the proposal section, the pre-qualified sub- contractor who shall install the water and/or sanitary sewer facilities. Failure to list a sub-contractor who is pre-qualified by the Water Department shall result in the rejection of the bid as non-responsive. 40 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 and/or the GOOD FAITH EFFORT 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 the responsibility of the bidder to whom it is proposed to award the contract has been verified. 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 nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at(817)392-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book +.�.. or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time- line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In 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 contract. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation') as appropriate. The documentation must be received no .. later than 5:00 PM, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render " the bid nonresponsive. For additional information,contact Mr. Cannon R. Henry, P.E. at(817)392-2690. CHARLES R. BOSWELL MARTHA HENDRIX CITY MANAGER CITY SECRETARY A. Douglas Rademaker, P.E. .� DirectA Department of Engineering By Afk MUBryan Beck, P.E. er, Design Services Advertising Dates: November 10,2005 November 17,2005 MIR f an an an an MIR s - 2 - SPECIAL INSTRUCTIONS TO BIDDERS WATER DEPARTMENT i i SPECIAL INSTRUCTIONS TO BIDDERS ar 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the .. contractor. It is the bidder's responsibility to submit the following documentation:a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7) �• calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public .. accountant or an independent public accountant holding a valid permit issued by 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 by 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 Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or _ expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of the bid submitted .. must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and 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. .n 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. dft 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: .. 06/04/03 (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 D-3 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. .. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. a. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this .. state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. AM 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall, in connection with the .m employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. ms Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or .. 06/04/03 advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully .�. discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, 'ft indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this .ft agreement. t 1. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business oftOrdinance 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 .m and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from am 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. .r 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 .ft 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 oft false statements. Further,any such misrepresentation of 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 than three(3)years. am 12. FINAL PAYMENT,ACCEPTANCE AND WARRANTY: Am 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. r 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. 06/04/03 r e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due �. and payable. E In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall 'ft attempt to resolve the differences within 30 calendar days. i Ma no Ift Ift 'oft 06/04/03 n — 3 — SPECIAL INSTRUCTIONS TO BIDDERS T/PW DEPARTMENT SPECIAL INSTRUCTIONS TO BIDDERS 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 5 percent of the largest possible 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 days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and 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. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. 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 approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation') is received "` by the City. 5. 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. The successful bidder shall be required to furnish bonding as applicable 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 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by 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 material 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. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and 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. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested 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 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late m completion of projects except as modified by these specifications. This project is to be bid by the calendar day. As such, should the Contractor not complete the contract in the calendar days specified,a time charge shall be made for each calendar day thereafter, not as a penalty but as liquidated damages. The preceding shall supersede any and all references made in these specifications and/or the standard street specifications, in regards to liquidated damages. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986),as amended,prohibiting discrimination in employment practices. 8. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Department of Transportation and Public Works for use by the City 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. 10. INSURANCE: Within ten 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 Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non-owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to �. additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders- Item 16. 11. 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: VII 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. L. 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. 12. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident'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 non-resident bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of 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 the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 13. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 13550, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"),2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a"0"or"no participation" in the spaces provided,and provide a brief explanation. The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s),OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier,adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance,call(817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/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 M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 14. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal,the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 15. PAYMENT, FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: Because of the unique nature of this contract, section 9.7 of the Standard Specifications for Street and Storm Drain Construction shall not apply and shall be superseded by the following: Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time,perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, the Contractor shall be advised in writing and will be furnished with an itemized list of all known items that have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall again notify the Engineer that the improvements are ready for inspection,and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor as to that Work Order, an 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. The amount of the estimate will be paid to the Contractor after acceptance by the Transportation and Public Works Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment,the Contractor shall execute an affidavit, as furnished by the City,certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full,that the wage scale established by the City Council in the City of Fort Worth has been paid,and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual 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 that Work Order or any act or neglect of said City . relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents that specifically continue thereafter. For purposes of this section, the Work Order shall be deemed complete and accepted by the City as of the date the punch list for the particular Work Order has been completed, as evidenced by a written statement signed by the contractor and the City. The warranty period shall begin as of the date that the final punch list for the particular Work Order has been completed. 16. 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 I hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel(ULSD),diesel emulsions,or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 17. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate 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 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 has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the government-al 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 City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City 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. 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 days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. �- H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas 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. 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 7 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 w� the project,for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: "* (a) a certificate of coverage,prior to the other person or entity beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 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 workers' 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 of misleading information may subject the contractor to administrative penalties, criminal penalties,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 City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "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 Workers' Compensation Act or other Texas Workers' 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 WORKERS'COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 18. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in an connection with the terms, conditions or privileges of their employment, discriminate against any 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 acting on their behalf, shall specify in solicitations or advertisements for employees to work on those 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 that it will fully comply with the Policy and will defend, indemnify and „f„ hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 19. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general " public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. - 4 - PROPOSAL VENDOR COMPLIANCE TO STATE LAW PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. .. TO: Charles R. Boswell Fort Worth,Texas City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of approximately 660 L.F. of 8-Inch Water Pipe and 480 L.F. of 24-Inch Storm Drain Pipe and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION DOE NO. 4303 Project Numbers: T/PW—C115-020115035542 WATER- PW53-060530178000 SEWER—PS58-070580176410 Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Engineering Department of the City of �. Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: B-1 UNIT I-SECTION A: WATER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 1. 660 L.F. 8-Inch Water Pipe *, Per Linear Foot: f!j�;2e&& -N.n Dollars DO ao and Cents $ . Y� $ /QT No. 2. 3 EA. 8-Inch Gate Valve w/Cast Iron Box and Lid, Per Each: iG ���Aq 4 -F° Dollars o d and n/o Cents $ $ J.S 3. 0.6 Tons Cast Iron/Ductile Iron Fittings, Per Ton �0 -FBW�gkoke 1' 'CC Dollars a6 s r� and do Cents $t $ a, �S 3 4. 41 L.F. 6-Inch Cl. 51 DIP, for Sanitary Sewer Replacement at Variable Depth, Per Linear Foot: 1i -(-h - erDollars and -_ Cents $ 34 . $ 1-5:52 . — 5. 2 EA. 1-Inch Service Taps to main, Per Each �l Fo u-'r bile R L'1 d/c*1''��r Dollars ao and ,U o Cents $ $ 6. 48 L.F. Install 1-Inch Copper Service From Main to Five (5) Feet Behind the Meter, Per Linear Foot: Dollars ono0 and nJ� Cents $ l q $_ �" B-2 UNIT I-SECTION A: WATER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) , 7. 2 EA. Furnish and Set Class 'A', 'B', and 'C' Meter Boxes, Per Each IJ�Ytluh�lcv��we,��� Dollars $ °° $ =o and Aj o Cents 8. 1 L.S. Furnish and Lay 2-Inch Pipe and Fittings for Temporary Service, Per Lump Sum /n0bu5 Dollars $ 3COO $ 3 DOCS o� and fj 0 Cents 9. 10 CY. Crushed Limestone for Misc. Placement; Per Cubic Yard: '7 -,:!c Dollars D o 00 and N o Cents $ $ 10. 10 C.Y. Class 'B' Concrete(2500#), Per Cubic Yard Q w-P Dollars 00o and (OV Cents $ $ /0. — Il. O•11. 10 C.Y. Class 'E' Concrete(1500#), Per Cubic Yard O vn P Dollars c� �and ej o Cents $ $ 12. 255 L.F. Trench Safety System, Per Linear Foot: /1 W 0 Dollars and a o Cents $ a B-3 UNIT I- SECTION A: WATER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place,the following items) 13. 405 L.F. Extra Depth of Water Mains, Per Linear Foot: 11 Dollars o o0 and N 0 Cents $ $ .24 �}}ot lvj TQ rK P, 14. 660 L.F. 2-Inch ICAC on 8-Inches Crushed Stone Base(Temp. Pvmt.), Per Linear Foot: b0 Dollars $ °% $ — and IVO Cents TOTAL AMOUNT BID $ *Type of Pipe Used PVC DR-14: —1z DIP Class 51: B-4 UNIT I- SECTION B: SEWER_ ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work,complete in place,the following items) 1. 1 EA. Standard 4-Foot Diameter Manhole 0 to 6 feet depth Per Each: /� "h►�'e �`""a -"kDollars $-21 .3 $ �O �— w e►c and i'Uu Cents 2. 1 EA. Concrete Collar for Manhole, Per Fig. 121. ■• Per Each: 14,4,A Dollars $ 500 D $ and ���Cents 3. 1 EA. Watertight Manhole Inserts, Per Each: Dollars 00 zo and rV D Cents $ 39 $ 4 4. 1 EA. Remove Existing Sewer Manhole, Per Each: „� -��,�.� c�,yt d>�•l Dollars and /V n Cents $ $ 3 0 0�� )4+ Mi\p-re r -X-P"I?-' 5. L.F. 2-Inch HA !AC on 8-Inches Crushed Stone Base (Temp. Pvmt.), Per Linear Foot: po da V1 Dollars $�� $ 300 and ffp Cents B-5 UNIT I- SECTION B: SEWER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) TOTAL AMOUNT BID $ �i � , * Type of Pipe Used: PVC Pipe (SDR-35,Per E1-25, 6- 15 inch) ✓ PVC Pipe (PS-46, Per E1-27, 6- 15 inch) PVC Pipe(Composite Pipe, Per E1-29, 8 - 15 inch) PVC Pipe (Corrugated Pipe,Per E1-31, 6 - 15 inch) '� B-6 UNIT II--STORM DRAIN CONSTRUCTION ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place,the following items) 1 1 LS. Utility Adjustment; Per Lump Sum: Five Thousand - Dollars and No Cents $ 5,000.00 $ 5,000.00 2 2 EA. Project Designation Signs; Per Each: Se �y Dollars and r✓%0 Cents $ .375--.00 $ SSD %o 3 30 LF. Remove Exist. Curb & Gutter; Per Linear Foot: Dollars and IJb Cents o 0 0 $-20 - $ 4 33 LF. Remove 18-Inch Reinforced Concrete Pipe; Per Linear Foot: t!? -}� Dollars and A)0 Cents 00 _ 5 1 EA. Remove Exist. 5-Foot Inlet; Per Each: IDn t Dollars and (Ulu. Cents o0 ofl $�G�DD � $ 6 1 EA. Remove Exist. 10-Foot Inlet; Per ach: P� ►amu a�r Dollars and o Cents B-7 UNIT II-STORM DRAIN CONSTRUCTION ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 7 40 LF. Prop. 21-Inch CL. III R.C.P.; Per Linear Foot: 6 ;A . " Dollars and o Cents 8 480 LF. Prop. 24-Inch CL. III R.C.P.; Per Linear Foot: •. _ if.,r_tt.- Dollars n and NN Cents $_ �'S $ r• 9 5 EA. Prop. Std. 10-Foot Inlet; Per Each: -5" r4 Collars alp and t?!C Cents $ Gr I m $ 1-3 -0 10 3 EA. Prop Std. 4-Foot Square Manhole; Per Each: �( Dollars po and N u Cents $ 00 $ 11 20 SY. Prop. Concrete Flume; Per Square Yazd: 5 1')c + Dollars and Cents $ $ 00 12 520 LF. Trench Safety; Per Linear Foot: �w cl> Dollars and 1�0` Cents $ ,?•°% $ D oa 13 420 CY. Trench Excavation and Backfill; Per Cubic Yard: re_e Dollars o o and No Cents $ � B-8 _UNIT II--STORM DRAIN CONSTRUCTION ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place,the following items) �'�' 'til�� �21v-� • �Qn!f hn5.. 14 5X L.F. 2-Inch 1C on 8-Inches Crushed Stone Base(Temp. Pvmt.), Per Linear Foot: a Dollars $ and ao Cents TOTAL AMOUNT BID $ 3-q D ...................................................................................................................................................... ...................................................................................................................................................... TOTAL AMOUNT BID -WATER TOTAL AMOUNT BID- SEWER o� TOTAL AMOUNT BID—STORM DRAIN $__139.,Q, 3 `�D GRAND TOTAL AMOUNT BID B-9 PART B - PROPOSAL(Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within SEVENTY (70) Working Days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of ,our principal place of business, are not required to underbid resident bidders. _/B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-10 I(we)acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bidder Addendum No. 1 (Initials) Olt Addendum No. 3 (Initials) Addendum No. 2(Initials) Addendum No. 4 (Initials) ` Respectfully submitted, By: Title Address 310 L« La Py:Arr.(. wosq Telephone: (Seal) Date: �,21-aoat7 B-11 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: (Please print) Signature: L"904-1i109:92 J n Title: f:a -f eiJ e n AM City Stik Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION MW .. — 5 — MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS im oft mft am oft AM FORT WORTH City of Fort Worth ,+ Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements .. and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS AM The City's MAMBE goal on this project is 16 %of the total bid(Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by AM either of the following: 1. Meet or exceed the above stated M/WBE goal, or AM 2. Good Faith Effort documentation,or; 3. Waiver documentation, or; 4. Joint Venture. Aft SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MWBE documentation .. in person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted. ME 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date,exclusive of the bid opening date. S. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MMIBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)392-6104. Zft Rev.11/11/05 ., i ATTACHMENT 1A Page 1 of 4 -• FORT WORTH City of Fort Worth da Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime "" S' ' h MM/DBE NON-M/w/DBE PROJECT NAME: +1 /� BID DATE — POLA VP yl S f or m7bYCii fr �.t a e Qorisfruli� City's MlWBE Project Goal: Prime's MNVBE Project Utilization: PROJECT NUMBER T/PW—C//S-6ao //SD-a-TS4-_X /o o % wa;tl _ pws 00 0) Se..7er -PS5� D'�OSBo 1`7Yo 4/0 Identify all subcontractors/suppliers you will use on this project Mft 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 MNVBE firm(s) listed in this lift 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, XM 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 am payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier Mft ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Mft 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 MinorityMomen Business Enterprise(MNVBE). If hauling services are utilized, the prime will be given credit as long as the MNVBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MNVBE may lease trucks from another MNVBE firm, including M/WBE owner-operators, and receive full MNVBE credit. The Mft MNVBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MNVBE as outlined in the lease agreement. Rev.5/30/03 IMft ATTACHMENT IA FOR_—T wO , Page 2 of 4 ON Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/ BEs. .r Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) O SUBCONTRACTOR/SUPPLIER T n — Company Name ; N T Detail Detail Address i M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r E B T D W R O B — E E C T E A a Il�gui 04- a� -5 arm 53� 5.f6►wpsl►iK �I�d� , R o e�C Rock F� .I�V�gTK o. hc, As�ka �7j� b .. X1-7- ?93 -3y Am Ac-t ?,,ee CLk)wter�S� .,. AS'8s N,E. a%+h S+, �l�� �i P�. 7 am r4,LOOiAJ-K ?lerll 1 SuP�lier &j '7 8l1--S 31-IU(f 3 41.7- f31-1903 AM 1 ' I�a�wson ?e�iCboc�uctS W -Lk G ror 'SSI or.w. 5 4-a Y YV` 1ob3N,md(- � TIk�� t3�r� I k�ia�rv` 'D�a "L Y� 1,, R � e(Jrt, - ANN Aft - Rev.5/30/03 iMft ATTACHMENT 1A FORT WORT Page 3 of 4 Primes are required to identify ALL subcontractorstsuppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification (check one) r SUBCONTRACTOR/SUPPLIER T r Company Name I N T Detail Detail Address M w X 1 Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D R O -E .+r E E C T E A a r r dft Am i oft am Ift Rev.5130/03 mm i ATTACHMENT 1A FORT WORTH Page a of a i Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 17) I .. Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 3 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 41 5`� 3 .. 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 ChangelAddition. 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/a0tionr or deletion will.affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. AM 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 lob 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 M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment AM from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. —Ad-1hofted Signat Printed Signature Title Contact NamerTitle(if different) Company Name Telephone and/or Fax 310 )_e-e Lan 4_c'rM141 1. Ng-�- Address E-mail Address City statemp Date Rev.5/30/03 - 6 - PART C - GENERAL CONDITIONS MW 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) C2-29 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 Schedule of Operation C4-4(3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4(4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (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) 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 C7-7(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) 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. Cl-1.5 BIDDER: Any person, persons, fir-m, 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. . C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which 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) 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 January 1 2. M.L. King,Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Forth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on 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) POP 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) 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. A. 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 low 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 prima-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 furnish 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. 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) 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 DISQUALIFICATION 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. �. C2-2(4) 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 dehver3 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) 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. C3-3.11 INSURANCE: 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: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) PART C - GENERAL CONDITIONS C44 SCOPE OF WORK SECTION C44 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 w.. 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. w C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the .. improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 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 categorics, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. �' C44 (1) MM Aft 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 SCHEDULE OF OPERATION: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and percentage of completion _ plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at 'R least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of the first monthly progress payment, the Contractor shall prepare and submit to the owner for approval six copies of the schedule in which the Contractor proposes to carry on activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. .� As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. C4-4 (3) 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 shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the .e 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) 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:All. 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 s. C5-5 (4) 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 W 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: 1. 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 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: i C5-5 (6) 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 6701 d 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 -rt 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) 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, proceed 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, cmployccs, 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) 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. .r 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. a 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 25h 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) — 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 (IT) 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 (IT) 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 C6-6(10) 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 s, 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 EQUIPMENT: 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) 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 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 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 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) 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) 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 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 remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with 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) 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) PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under .�. these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, 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 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 prosccution 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, C8-8(1) 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 .s. 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; i A. all persons, funis, 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 famished 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) Mft. 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(S) AMWk - 7 - SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS loft 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 MM 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. a 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 M. 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 09/30/02 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 injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any AM 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 any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor _ either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C-General Conditions, Section C44 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C44.3 INCREASED OR DECREASED QUANTITIES to read as follows: dw 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 to the various depth categories. Revised Pg. 2 09/30/02 G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph"h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed .. $10,000.00 per occurrence unless otherwise approved by the City. _ g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in .. favor of the City. L City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. _ j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Revised Pg. 3 09/30/02 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 Aft 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 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, 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 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. .w 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: 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 _ Revised Pg. 4 09/30/02 r which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the Mft 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. An In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. am 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 Mft 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 Xft 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 M' 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. 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 property 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 r. 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: Xft Revised Pg. 5 09/30/02 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to " read: 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: C8-8.14 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 I., 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: _ Revised Pg. 6 09/30/02 1. 50 copies and under- 10 cents per page 2, More than 50 copies- 85 cents for the first page plus fifteen cents for each page thereafter 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. AM N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES, WARNINGS Aft AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the ,m 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. MINORITY/WOMEN 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 09/30/02 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. i (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. 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CONDITIONS D-1 GENERAL...................................................................................................................•....3 5-2 COORDINATION MEETING............................................................................................5 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW...................5 5-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT..................................7 D- 5 CROSSING OF EXISTING UTILITIES.............................................................................7 5-6 EXISTING UTILITIES AND IMPROVEMENTS ................................................................8 *� D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES..............................................................8 D- 8 TRAFFIC CONTROL.......................................................................................................9 D- 9 DETOURS .......................................................................................................................9 570 EXAMINATION OF SITE..............................................................................................9 5---11 ZONING COMPLIANCE............................................................................................. 10 6---12 WATER FOR CONSTRUCTION................................................................................ 10 D- 13 WASTE MATERIAL................................................................................................... 10 5--l-4 PROJECT CLEANUP AND FINAL ACCEPTANCE.................................................... 10 D- 15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK............................... 10 D- 16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES.......................... 11 D- 17 BID QUANTITIES....................................................................................................... 11 D- 18 CUTTING OF CONCRETE.............................................................:.......................... 11 D- 19 PROJECT DESIGNATION SIGN............................................................................... 11 D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT.................................... 12 5---21 MISCELLANEOUS PLACEMENT OF MATERIAL...................................................... 12 D-22 CRUSHED LIMESTONE BACKFILL.......................................................................... 12 �. 6---23 2:27 CONCRETE....................................................................................................... 13 D-24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ....................................... 13 5---25 TRENCH PAVEMENT(PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS.......... 14 6---26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) .............. 15 6---2-7 SANITARY SEWER MANHOLES.............................................................................. 16 D- 28 SANITARY SEWER SERVICES................................................................................ 19 D- 29 REMOVAL SALVAGE AND ABANDONMENT OF EXISTING FACILITIES..............20 D- 30 DETECTABLE WARNING TAPES.............................................................................22 5- 3-1 PIPE CLEANING........................................................................................................22 6--32 DISPOSAL OF SPOIL/FILL MATERIAL.....................................................................22 D- 33 MECHANICS AND MATERIALMEN S LIEN 23 6- 54 SUBSTITUTIONS ......................................................................................................23 5- 3-5 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER...........23 5- 36 VACUUM TESTING OF SANITARY SEWER MANHOLES........................................26 D- 37 BYPASS PUMPING...................................................................................................27 D- 38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER........28 D- 39 SAMPLES AND QUALITY CONTROL TESTING29 ....................................................... D-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE)..............................................................30 D-41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ......................31 D-42 PROTECTION OF TREES, PLANTS AND SOIL........................................................31 D-43 SITE RESTORATION................................................................................................32 D-44 CITY OF FORT WORTH STANDARD PRODUCT LIST............................................32 D-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING...........................................32 6-46 CONFINED SPACE ENTRY PROGRAM...................................................................37 D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION..........................37 D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS)....................38 5-74-9 CONCRETE ENCASEMENT OF SEWER PIPE ........................................................38 D- 50 CLAY DAM.................................................................................................................38 5- 51 EXPLORATORY EXCAVATION (D-HOLE)..........................................:..................... 1027/04 SC-1 PART D - SPECIAL CONDITIONS D- 52 INSTALLATION OF WATER FACILITIES..................................................................39 52.1 Polyvinyl Chloride (PVC) Water Pipe..........................................................................39 3-2-2 Blocking .................................................................................. ..........39 52.3 Type of Casing Pipe...................................................................................................39 52.4 Tie-Ins........................................................................................................................40 52.5 Connection of Existing Mains......................................................... .....40 52.6 Valve Cut-Ins .............................................................................................................40 52.7 Water Services...........................................................................................................41 52.8 2-Inch Temporary Service Line ..................................................................................43 52.9 Purging and Sterilization of Water Lines ....................................................................44 52.10 Work Near Pressure Plane Boundaries......................................................................44 52.11 Water Sample Station................................................................................................44 52.12 Ductile Iron and Gray Iron Fittings..............................................................................45 D- 53 SPRINKLING FOR DUST CONTROL........................................................................45 D- 54 DEWATERING...........................................................................................................45 D- 55 TRENCH EXCAVATION ON DEEP TRENCHES.......................................................45 D-56 TREE PRUNING........................................................................................................45 U-5-7 TREE REMOVAL................:.......................................................................................46 5- 58 TEST HOLES.........................................:...................................................................47 "' 5-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION......................................................................................................47 .. D-60 TRAFFIC BUTTONS..................................................................................................48 d--6-1 SANITARY SEWER SERVICE CLEANOUTS............................................................48 D-62 TEMPORARY PAVEMENT REPAIR..........................................................................48 .. D-63 CONSTRUCTION STAKES ....................................................................... .........49 T-_64 EASEMENTS AND PERMITS.........................................:..........................................49 57-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING..............................................50 ,. 67-66 WAGE RATES..........................................................................................................50 U-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE....................................50 D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE)..........................................................................................................51 D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS..................................................................................53 D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD...............................................53 D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION D-72 AIR POLLUTION WATCH DAYS...................................................................................54 D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS........................................55 10127/04 SC-2 PART D - SPECIAL CONDITIONS .. This Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 — Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C —General Conditions and part C1 — Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C — General Conditions and Part C1 — Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION FORT WORTH, TEXAS DOE PROJECT NO. 4303 PROJECTS NO. T/PW—C115-020115035542 WATER-PW53-060530178000 SEWER—PS58-070580176410 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated + above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name, or identification include therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. i 10127/04 SC-3 ,r PART D - SPECIAL CONDITIONS This contract and project, where applicable, may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive' and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: MM A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102. B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideraticn of a .� proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration .. requests have been properly filed may, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written 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. la'27/04 SC-4 PART D - SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes, weekly meetings at the job site may be required to maintain the ., project on the desired schedule. The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of - authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by • the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. 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 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 1 x27104 SC-5 PART D - SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; .. 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: ` a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. .. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 10/27/04 SC-6 PART D - SPECIAL CONDITIONS .. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's " compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- .m insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services .M on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas " Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices + shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. D-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or .. proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. 90/27/04 SC-7 i PART D - SPECIAL CONDITIONS .. Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, the cost of which shall be included in the price bid in the Proposal for each bid item. D-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection or relocation, and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage .. pipes, and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. .. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. D-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the 10/27/04 SC-8 .. PART D - SPECIAL CONDITIONS Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. D-8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for .. providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 871-8770, at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed. the Contractor's time will begin in accordance with the time ,. frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The cost of the traffic control is subsidiary work and the cost of same shall be included in the price bid for pipe complete in place as bid in the Proposal, and no other compensation will be allowed. D-9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to �+ traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D- 10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which 10/27/04 SC-9 PART D - SPECIAL CONDITIONS may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D- 11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. D- 12 WATER FOR CONSTRUCTION -- The Contractor at his own expense will furnish water for construction. D- 13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D- 14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include,but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner .. • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment(and all subsequent payments until completed) of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right- of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an •r orderly manner and appearance. The City of Fort Worth Department of Engineering shall give final acceptance of the completed project work. D- 15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and ,. completion dates, including sufficient time being allowed for cleanup. The Contractor shall not commence with water and/or sanitary sewer installation until such time that the survey cut-sheets have been received from the City inspector. 10/27/04 SC-10 PART D - SPECIAL CONDITIONS D- 16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, „ derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. r 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCORE) who will erect temporary mechanical barriers, de- energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCORE, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the ONCORE company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D- 17 BID QUANTITIES .. Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. .� Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C44.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. D- 18 CUTTING OF CONCRETE �. When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D- 19 PROJECT DESIGNATION SIGN Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the .. exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not 10/27/04 SC-11 •n PART D - SPECIAL CONDITIONS interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be 1'-0" by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: (817) 871-8306 M-F 7:30 am to 4:30 p.m. or (817)871-8300 Nights and Weekends -� Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances required, shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair. D- 21 MISCELLANEOUS PLACEMENT OF MATERIAL - Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D- 22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 - Materials and Division 2 Item 208.3 - Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials, Construction Specifications, and General Contract Documents. 10/27/04 SC-12 PART D - SPECIAL CONDITIONS D-23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair -. for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call- out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D- 24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within .� easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C' backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back-fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: • Less than 10% passing the#200 sieve P.I. = 10 or less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 All other provisions of this section shall remain the same. 10/27/04 SC-13 PART D - SPECIAL CONDITIONS 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted ... as described above must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2)foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, with the exception of Type "B" backfill, and -- labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. Type "B" backfill shall be paid for at a pre-bid unit price of$15.00 per cubic yard. D- 25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as - detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 2000-1 through 2000-3. The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets, are provided in these specifications and contract documents. ®, All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such •� gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. 10/27iO4 SC-14 PART D - SPECIAL CONDITIONS The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Department of Engineering will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering. D- 26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and �• all other appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas. The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub-Part P - Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. C. DEFINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one or a series of horizontal level or steps, usually with vertical or near-vertical surfaces between levels. 3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM - Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre-manufactured or job-built in accordance with OSHA standards. 5. SHORING SYSTEM - Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins. Shoring systems are generally comprised of cross-braces, vertical rails, (uprights), horizontal rails (wales) and/or sheeting. D. MEASUREMENT - Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation. The quantity of trench safety -� systems shall be based on the linear foot amount of trench depth greater than five (5) feet. 10127/04 SC-15 PART D - SPECIAL CONDITIONS E. PAYMENT - Payment shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D- 27 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as „ per Figure 121. 2. WATERTIGHT MANHOLE INSERTS: Watertight gasket manhole inserts shall be installed in all sanitary sewer manholes. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. Stainless Steel manhole inserts shall be required for all pipe diameters 18" and greater. 3. LIFT HOLES: All lift holes shall be plugged with a pre-cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. .� 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. Certain teed Ductile Iron Manhole Lids and �• Frames are acceptable for use where locking lids are specified. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in 10/27/04 SCA 6 PART D - SPECIAL. CONDITIONS .. accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. 7. MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole. 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness. 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed O-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent- Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above-specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand, mud, or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench. After removal of µ the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre-cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section. Pre-cast concrete rings, or a pre-cast concrete flattop section will be the only adjustments allowed. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, 10/27/04 SC-17 PART D - SPECIAL CONDITIONS notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface_ If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre-formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES: All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy. Kopper "Bitumastic Super Service Black"; Tnemec "46- 450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation, backfill, disposal of materials, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to,joint sealing, lift hole sealing, and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. 10127/04 SC-18 PART C - SPECIAL CONDITIONS D- 28 SANITARY SEWER SERVICES Any reconnection, relocation, re-routes, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15. +� D. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum r: bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer vrt as required for the connection of the sewer service line. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the ,,,A replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de-holing at the building clean-out) the elevations (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied. Elevations shall also be verified at all bend locations on the service re-route. All applicable sewer mains, laterals and affected service lines that are installed without pre-construction de- holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required 10127/04 SC-19 PART D - SPECIAL CONDITIONS C. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows: separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location. Payment will be made for salvaging, abandoning and/or removing all other existing facilities ` when said facility is not being replaced in the same trench (i.e., when removal requires a separate trench). .• L. ABANDONMENT OF EXISTING SEWER LINES: Where plans call for abandonment of existing sewer mains after the construction of a new sewer main, the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new main. Once this determination has been made, the existing main will be abandoned as indicated above in Item I. D- 30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe - detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2'/ pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: Type of Utility Color Code Legends Water Safety Blue Caution! Buried Water Line Below Sewer Safety Green Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18 inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes, and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D- 31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall .� be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D- 32 DISPOSAL OF SPOIUFILL MATERIAL Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the - City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A 1027/04 SC-22 PART D - SPECIAL CONDITIONS ® floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering Department, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D- 33 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. D- 34 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or"or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions" shall be applicable to all sections of these specifications. D- 35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe, slip-line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall cant' its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. 10127/04 SC-23 PART D - SPECIAL CONDITIONS Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in " diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which cannot be collapsed, is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. �- 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high-velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If w cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists, and the cleaning effort shall be abandoned. When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, including the water usage bill. All expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid ,. or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City. 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. B. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of 90127/04 SC-24 PART D - SPECIAL CONDITIONS any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper •, documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection videotapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance such as locations of unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. The Engineer will return tapes to the Contractor upon completion of review. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality low that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that no can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. Mw 10/27/04 SC-25 PART D - SPECIAL CONDITIONS THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected. The Engineer will return tapes to the Contractor upon completion of review. All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre-Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D- 36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. EXECUTION: 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged, and all drop-connections and gas sealing connections shall be installed prior to testing. The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop-connections, gas sealing connections, etc. The test head shall be placed inside the .. frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C1244-93: 10127104 SC-26 00 PART D - SPECIAL CONDITIONS Im Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (10"Hg -9"Hg) (SEC) Depth of MH. 48-Inch Dia. 60-Inch Dia. (FT.) Manhole Manhole 0 to 16' 40 sec. 52 sec. 18' 45 sec. 59 sec. 20' 50 sec. 65 sec. 22' 55 sec. 72 sec. 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. Additional 2' 1. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting .. through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material, labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. D- 37 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole .. and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. ourProvisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the Contractor be permitted to discharge sewage into the trenches. Payment shall be incidental to rehabilitation or me replacement of the sewer line. nn 10/27104 SC-27 mm PART D - SPECIAL CONDITIONS D- 38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken .. to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection .. shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. .. C. EXECUTION: 1. TELEVISION' INSPECTION: The camera shall be moved through the line in either : direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered .. rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. .. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to .. Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of •. each sewer service tap observed during inspection. All television logs shall be referenced 10127/04 SC-28 PART D - SPECIAL CONDITIONS to stationing as shown on the plans. A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual ..� and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re- televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for �• portions of lines not televised or portions where manholes cannot be negotiated with the television camera. D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item - Post-Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D- 39 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project 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. 10/27/04 SC-29 PART D - SPECIAL CONDITIONS C. Quality control testing of in-place material on this project will be performed by the city at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. .. E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. .. D-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL(FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water .. pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or .. other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control •• soil erosion. Temporary pollution-control measures shall be used to prevent or correct 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. 2. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 3. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment .. shall not be operated in live streams. 10127/04 SC-30 oft PART D - SPECIAL CONDITIONS a 4. 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 i entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 5. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and .. reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D-41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his .. activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-42 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, •• trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than existed prior to start of work. ., Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. 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-Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined .. by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due 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. 1027/04 SC-31 OR PART D - SPECIAL CONDITIONS No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D-43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one-tenth (0.1) of a foot. _ D-44 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes-listed in ,. the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth minimum technical requirements. D-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community .. Services Department Specifications for Topsoil, Sodding and Seeding. 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways. •• 2. SODDING DESCRIPTION: Sodding will consist of furnishing and planting Bermuda, Buffalo or St. ,. Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass .. varieties for sodding are Prairie and 609. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of .. these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when 10/2 7104 SC-32 r. PART D - SPECIAL CONDITIONS Am transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Oft Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. Sod material shall be planted within three days after it is excavated. CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the ,. requirements hereinafter described. Sodding shall be either "spot" or "block'; either Bermuda, Buffalo or St. Augustine grass. Am a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all .. furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used am instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. ,. b. Block Sodding. .. At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod .and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall,. upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, .. sufficiently close to hold the block sod firmly in place. When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun. Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the .. completed surface will present a sightly appearance. The sodded areas shall be thoroughly watered immediately after they are planted and �- shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. .. 3. SEEDING DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a .. mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. 10127/04 SC-33 .. PART D - SPECIAL CONDITIONS a MATERIALS: 404 a. General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of-seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination: Common Name Purit Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates (Eastern Sections) (Western Sections) (All Sections) Feb 1 Bermudagrass 40 Buffalograss 80 Bermudagrass 60 to Buffalograss 60 Bermudagrass 20 Buffalograss 40 May 1 Total: 100 Total: 100 Total: 100 Table, 120.2.(2)b TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total: 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines, .. grades, and cross-sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. far27104 SC-34 PART D - SPECIAL CONDITIONS b. Finishing. Where applicable, the shoulders, slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as ® specified in Section D-45, Construction Methods, is not applicable since no seed bed preparation is required. ,. DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. The seed, or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods, seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch. The planted area shall be rolled with a corrugated roller of the "Cultipacker"type. All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed Ana to be seeded, shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D- 45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of Am six (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application .� shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is om obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is AM applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. ow The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown Am on the Drawings, or if Drawings are not included, then MS-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0.3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall rm be comparatively smooth. 10/27/04 SC-35 PART D - SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a. The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4. HYDROMULCH SEEDING: If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with .. an analysis of 16-20-0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. _ CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the Am average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of"Seeding". .. MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. am Acceptable material for"Seeding"will be measured by the linear foot, complete in place. Acceptable material for"Sodding"will be measured by the linear foot, complete in place. 10127/04 SC-36 OR PART D - SPECIAL CONDITIONS Jft Acceptable material for"Fertilizer" shall be subsidiary to the price of sodding or seeding. PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications. .. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: w Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding. D-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes, regardless of depth, are defined by OSHA, as "permit required confined spaces". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM" for all applicable manholes and maintain an active file for these manholes. The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 1027/04 SC-37 ffift PART D - SPECIAL CONDITIONS AM 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection. 11. Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection" of PART C - GENERAL CONDITIONS. D-48 EXCAVATION NEAR TREES 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, tree trunks, and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs .. pruned that might be damaged by equipment operations. The Engineer shall be notified at least 24 hours prior to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5. Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a minimum depth of 2 feet. 6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 D.I. pipe shall be utilized. 7. Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense. .. 8. Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures. ,. 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted. AM D-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of .m concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated. The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D-50 CLAY DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications, at locations indicated on the 10/27/04 SC-38 PART D - SPECIAL CONDITIONS Drawings or as directed by the City. Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench. Construction material shall consist of compacted bentonite clay or 2:27 concrete. Payment for work such as forming, placing and finishing shall be subsidiary to the price bid for pipe installation. D-51 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction, in accordance with item D-6. At locations identified on the drawings, contractor shall conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report �` of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain .. a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals necessary to complete the work, shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-52 INSTALLATION OF WATER FACILITIES 52.1 Polyvinyl Chloride (PVC)Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate BID ITEM(S). 52.2 Blocking .. Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. 52.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: 10127/04 SC-39 PART D - SPECIAL CONDITIONS .. For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch. Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non- concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: .. Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 52.4 Tie-Ins ` The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins. And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 52.5 Connection of Existing Mains The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of _ shutting down an existing main, the Contractor shall notify the Manager, Construction Services, Phone 871-7813, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 52.6 Valve Cut-ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually 10/27/04 SC-40 Alm PART D - SPECIAL CONDITIONS Am advised prior to the shut out and advised of the approximate length of time they may be without service. .. Payment for work such as backfill, bedding, fittings, blocking and all other associated appurtenants required, shall be included in the price of the appropriate bid items. 52.7 Water Services The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured - tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (El- 17 & E1-18) contained in the General Contract Documents. All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector AM the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. Mft 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper Am from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind + Meter, Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 10127/04 SC-41 PART D - SPECIAL CONDITIONS -- 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate .. payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line. When relocation of service meter and meter box is required, payment for all work and Mft materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A— Reinforced Plastic Water Meter Boxes. am Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. am Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. ,m Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 1. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the �` contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include fumishing and installing the multiple as service branch only and all other cost will be included in other appropriate bid item(s). 2. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple .. service lines with taps servicing a single service meter encountered during construction 10117/04 SC-42 PART D - SPECIAL CONDITIONS shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). .. 52.8 2-Inch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out-of-service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next .. successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible. At the pre-construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the •� contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will 10127/04 SC-43 PART D - SPECIAL CONDITIONS require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. .. 52.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. .. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours .. apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. 52.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 52.11 Water Sample Station .. GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be .. included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), " corporation stops, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, .. concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main. 10/27/04 SC-44 FART D - SPECIAL CONDITIONS Payment for all work and materials necessary for the installation of the sampling station, modification to the vault, fittings, and all type K copper service line which are required to .. provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene .a wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Constructicn Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie- down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed. D-53 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D-54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for'the water or sewage flows from the existing mains and ground water. The Contractor �. shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price. D-55 TRENCH EXCAVATION ON DEEP TRENCHES ,. Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition. D- 56 TREE PRUNING A. REFERENCES: National Arborist Associat'ion's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT Aft 1. Vibratory Knife 10/27/04 SC-45 PART D - SPECIAL CONDITIONS 2. Vermeer V-155ORC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 3. Steel "T" = Bar stakes, 6 feet long. 4. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 7. Survey and stake location of root pruning trenches as shown on drawings. 8. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone. .. 9. Backfill and compact the trench immediately after trenching. 10. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11. Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection. E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D-57 TREE REMOVAL ,4 Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed. 10/27/04 SC-46 PART D - SPECIAL CONDITIONS An D-58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the .. amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders. If test borings have been made and are provided for bidder's information, at the locations shown on the logs of borings in the appendix of this specification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations, as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site. The cost of all rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe. D- 59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. Am In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, the contractor shall prepare and deliver a notice or flyer of •. the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: r, The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption. The flyer shall be prepared on the contractor's letterhead and shall include the following 10 27104 SC-47 PART D - SPECIAL CONDITIONS information: Name of the project, DOE number, the date of the interruption of service, the period the interruption will take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached. A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Construction office at (817) 871-8306. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. D-60 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and �. shall be considered a subsidiary item. In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, the contractor shall contact SSMD at (817) 871-8770 -s and shall reimburse SSMD for all costs incurred, both labor and material. No additional compensation shall be made to the contractor for this reimbursement. D- 61 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two-way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc. whenever possible. When it is not possible, the cleanout stack and cap shall be cast iron. Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. D- 62 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a .* steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. ON The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance Aga responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. Am 10/27/04 SC-48 PART D - SPECIAL CONDITIONS D- 63 CONSTRUCTION STAKES The City, through its Surveyor or agent, will provide to the Contractor construction stakes : or other customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction, and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc.), and one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter/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 the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost, destroyed, or disturbed, to prevent the proper prosecution and control of the work contracted for in the Contract Documents, it shall be the Contractor's responsibility, at the Contractor's sole expense, to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes_will be accepted, and time will continue to be charged in accordance with the Contract Documents. D- 64 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right-of-entry agreements, and/or permits to perform work on private property. The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities, such as sewer lines or manholes. For locations where the City was unable to obtain the easement or right-of-entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for �- review by contacting the plans desk at the Department of Engineering, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. r. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for .on complying with all provisions of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the -. appropriate railroad/agency for all flagmen during construction in railroad/agency right-of- way. For railroad permits, any and all costs associated with compliance with the permit(s) 10m104 SC-49 _ PART D - SPECIAL CONDITIONS AM including payment for flagmen shall be subsidiary to the bid item price for boring under the -railroad. No additional payment will be allowed for this item. D-65 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. D-66 WAGE RATES The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govem on all work performed by the Contractor or any Subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached) D- 67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE rt A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance, regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. + Consequently, if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61.150. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non - friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled, ,. pulverized or reduced to powder by hand pressures. C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator,regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. 1027/04 SC-50 PART D - SPECIAL CONDITIONS Ago E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs, which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to .� obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. 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 (NO11 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 $100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water& General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 10/27/04 SC-51 PART D - SPECIAL. CONDITIONS NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water& General Permits Team; MC-228 P.O. Box 13087 •v Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY— DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of .� Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures 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 dit 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 10127104 SC-52 PART D - SPECIAL CONDITIONS NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. FOR DISTURBED AREAS LESS THAN 1 ACRE, SPECIAL CONDITION D -40 SHALL BE APPLICABLE. D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project, the Contractor must coordinate this activity through the appropriate City representative. �- The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion ..� may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a ,., quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. .. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. D-71 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: r. 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: Ask 10127/04 SC-53 PART D - SPECIAL CONDITIONS 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 Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if .. necessary, then forward updated notices to the interested individuals. 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. D-72 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". p Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low -� Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 10/27/04 SC-54 PART D - SPECIAL CONDITIONS D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS A fee for street use permits is in effect. In addition, a separate fee for re-inspections for parkway construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: 1. The street permit fee is $50.00 per permit with payment due at the time of permit application. .. 2. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 10/27/04 SC-55 W (To be printed on Contractor's Letterhead) Date: DOE No: 3176 PROJECT NAME:Main C1C411 Sanitary Sewer Drainage Area Part 15 MAPSCO LOCATION: 76L LIMITS OF CONST.: West of 9'b Avenue along FWWR between Rosedale and Oleander Estimated Duration of Construction on your Street : <XX>days 6� iiF THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL REHABILITATE SEWER LINES ON OR AROUND YOUR PROPERTY. - C-ONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> R AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FL YFR HANDY WHEN YOU CALL. FORTWORTH Date: DOE MO. XXXX Prosect Nene: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR PART DA - ADDITIONAL SPECIAL CONDITIONS DA-17 EASEMENTS AND PERMITS............................................................................................2 DA-18 CONNECTION TO EXISTING STRUCTURES ..............................................................2 DA-19 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT.............2 DA-21 CRUSHED LIMESTONE (FLEX-BASE)..........................................................................2 ASC-1 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-17 EASEMENTS AND PERMITS Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are •• shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. DA-18 CONNECTION TO EXISTING STRUCTURES All connections between proposed and existing facilities, shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E1-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM- Nek or approved equal shall be installed around penetrating pipe. Payment for such work as connecting to existing facilities including all labor, tools, equipment, and material necessary to complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM. DA-19 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT This item shall include raising or lowering an existing meter box to the parkway grade specified No payment will be made for adjusting existing boxes which are within 0.001 feet of specified parkway grade. The unit price bid shall be full and sufficient payment for all labor, equipment and materials ,.� used in the adjustment of the meter box. DA-21 CRUSHED LIMESTONE (FLEX-BASE) Crushed limestone required for use as a flexible base material shall conform to Specification Item No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. Ali .. ASC-2 MW ., - 10 - SPECIFICATIONS 10 -SPECIFICATIONS (WATER DEPARTMENT) MR O� f �a - � SECTION E SPECIFICATIONS- 9, FI CATIONS- � _ ~ JANUARY 1, 1978 X IN WATER DEPARTMENT All materials, construction -methods and- procedures used in this project shall conform .to Sections E1 , E2, and EZA of the Fort Worth Water Department General ' Contract Documents and General Specifications, together with any " additional material specification(s) , construction(s) or later revision(s). (See revisions listed on this sheet). Sections El , E2 and E2A of the Fort Worth Water Department General Contract Documents and General �. Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of ® Fort Worth as an official record of the City of Fort Worth. INDEX E1 MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981 , follow: E1=2.4 Backfill : (Correct minimum compaction requirement to 95"a Procter density and correct P.I. values as follows:) C. Additional backfill requirements when approved for use in streets: .� 1. Type B Backfill —- (c) Maximum plastic index (PI) shall be 8 2. Tye C Backfill MW (a� Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compact- ion by hetting (b) Material meeting requirement and having a PI of 9 AIR or more shall be considered for use only With mechanical compaction E2-2.11Trench Backfill : (Correct minimum compaction requirement wherever it appears in this section to 95% Procter density except for paragraph a.l. where the "95% modified Procter density" shall remain unchanged). s SECTION E100 — MATERIAL SPECIFICATIONS MATERIAL STANDARD E100-4 JANUARY 1, 1978 (ADDED 5/13/90) E100-4 WATERTIGHT MANHOLE INSERTS. E100-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the Fort Worth sanitary sewer collection system. , E100-4 2 MATERIALS AND DESIGN: a: The manhole insert shall be of corrosion—proof high density polyethelene that meets .or exceeds the requirements of ASTM. D1248, Category 5, Type III. 4 b. The minimum thickness of the manhole insert shall be 1/8". 1 C. The manhole insert shall have a gasket' that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprene rubber and meet the requirement of ASTM D1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum- V wide woven polypropalene or nylon Webbing, with the ends treated to prevent unravelling. Stainless MW steel hardware shall be used to securely -attach strap ,to the insert. e. The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow .at a rate no greater than 10 gallons per 24 hours. E10Q 4.3 INSTALLATION: a. The manhole frame shall becleaned of all dirt and debris before placing the manhole .insert on the rim. b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. E100 (1) . s - SECTION E1-18A= REINFORCED PLASTIC WATER METER BOXES E1.18A.1 SCOPE:- This specification covers three types of water meter boxes, -� Type A and B•, and Type C: E1.18A.1.1 Class A•Standard Meter Box: Intended for use with - services utilizing 5/8"X Y4", 3/" and V meters. E1.18A.1.2 Class B Standard Meter Box: Intended for, use with services utilizing 1-1/2" and 2" meters. E1.18A.1.3 Class C Standard Meter Box: Intended for use with T services utilizing two 5/8"X'/" or Y." meters. E1.18A.2 CONSTRUCTION:' Reinforced plastic water meter boxes and iron cover lids under this specification will include three specific sizes of a rectangular shape. Those three sizes will be referred to us: CLASS.`A',-11"x 18 " Box; 12"high CLASS 'B',.15.25"x 27" Box, 12" high ..r CLASS 'C', 18"x 16' Box, 12" high E1.18A.3. REINFORCED PLASTIC METER BOX SPECIFICATION The- meter box shall be constructed of Linear Medium Density Polyethylene (LMDPE) as defined in ASTM D-883-95A-and have a minimum wall thickness of .500". The exterior shall be black to provide UV protection. Boxes shall be able to. withstand a minimum 15,000 pounds vertical load and shall withstand a minimum 400 pounds sidewall load. The meter box exterior shall be free from seams or parting lines and all edges and corners are to be smooth and free from sharp edges'so the ,unit can be handled safely without gloves. El.18A.4. IRON METER BOX LID SPECIFICATION 'The meter box lids are to be made of cast iron according to ASTM A48-84, Class 30B or ductile iron according to' ASTM A-536. The lids shall withstand a aw minimum vertical load of 15,000 pounds.* Castings are coated with a•bituminous emulsified asphalt unless otherwise specified, ground smooth, and cleaned with shot blasting, to get a uniform quality free from strength defects and distortions. Dimensions shall be.within industry standards of plus or minus (+/-) one-sixteenth of an inch per foot. All castings will bear the Manufacturer's 18 (name or logo) and Country of Origin. Casting weights.may vary plus or minus (+/-) five percent Aw from drawing weight per industry standards. ..r U - 11 - STANDARD DETAILS '" (WATER DEPARTMENT) t0 N 0 _ .0—,, O In to C14 crito 0t .0—.l .0—.Z N Q 2 Q Ckfo C) Ud' CO °D Q W H O(3) � O Z '-' N 0 m O Q CO (n a00 CY) 0 C14 t:4 O O m � v v ii � ,-, .. .L a �� O U y E O �1 Q) ° m 1 !V O x N •U C" o 0 IL ) O ?i w0OOv a 6 CD 3 o W !!VV Q M _rn O cd - co !bo O O CO (.) 0 N 00 � � O aU �o-- 3 - a F i L .j o a N -4- �, o CL 0 gul o ® . 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Y • _1 � w � U) t w CV Ln U) � .� oa Ow v 2 r 1 w � gyp.o E-- ao r- Q �-- LLJ . > I.L== p ao c.) 0 ¢ O Q E OLLJ F— 3:: z C.) U AM rl CO X ul L 4 U� 00 LL- o E W m m O � � m • m O ltJ m LLJ C47 .. J N,o O - _ ^y U aE � E m E E ,, r� W N N W .� VSn NI'3OVw t W Z z O HLNOM LHQA Z 6 E O � 16 . !J j0 �l1CJ W Or r E a" �.E w `�E co „1 � > Ul �rnE ^n CC• �- O N�.3V4 Z � mu mom. > m Zl31�dM .w -d ' O_ > U SXNOM NOW MO(' LSd3 eo E . E ^E �o N u u E -F,E to m _ u AM .. TYPE C' BACKFILL I=I > I SEE SPEC. E1-2.4 MINIMUM 6' INITIAL — . `~ Y-: I�— G.C.D. L BACKFILL COVER ` '` '-•=' ;:.� III: O - III - SAND MATERIAL EMBEDMENT do INITIAL BACKFILL _ I I I I—I. E II SEE SPEC. E1-2.3 G.C.D. Q MINIMUM 60 — - -=' I!II. • _ EMBEDMENT =1 I I — '-r`�•":'�" I I— - IIIIIIIII�lllll�lllilllll�lllll�llll: WATER: SIZES UP TO AND INCLUDING 12" cyl; AM I I-11 I_=1 EEI I I-I I I' F- -I I > TYPE C' BACKFILL - II-1 I IIIIII: SEE SPEC. E1-24 L_ MIMMUM INITIAL BACKFILL COQ — ti`ry ~; ' ��'- G.C.D. WATER _ 6- »'�'� _ �° 111- L,H SEWER 12' _ r yy - — CRUSHEDSTONE OR SAND STORM DRAIN - 12' 'I=— I I I °-•,° •-� I I IIIII: MATERIAL,INITIAL BACKFILL uj °° SEE SPEC. E1-2.4(b) OR (—i '°.o° °°•°o III. E1-2.3 G.C.D. ' -1IIo° :ooe I1= MINIMUM 6' - ' °° . ° - I I_ EMBEDMENT =I I_' °__ o 1' °— CRUSHED STONE p I I I—I I I=I 11—I I I—III: SEE SPEC. E1-23 - -III—III—III—IIT=1I1=1I1= G.C.D. ` WATER: SIZES 16" AND LARGER V) SEWER: ALL SIZES STORM DRAIN: ALL SIZES 0 MATERIAL SPECIFICATIONS Lc- SAND GRADATION •L.ESS THAN 10x PASSING #200 SIEVE THE EMBEDMENT AND BACKFILL DETAILS PROVIDED ON THIS c •P.L - 10 OR LESS SHEET SHALL REPLACE APPROPRIATE PROVISIONS OF BOTH �. THE E1-2.4(b) AND E1-2.3 OF THE G.C.D. AND STD. SPEC. 17EM 402 OF THE TPW STANDARD SPECIFICATIONS FOR C .. STREET do STORM DRAIN CONSTRUCTION. ALL OTHER C+ CRUSHED STONE GRADATION PROVISIONS OF THESE ITEMS SHALL APPLY. 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CASE 2 d COLLAR SHALL EXTEND 3" BELOW BOTTOM OF ,,-,,-,,- AM LOWEST GRADE RING G (REBAR REQ'D.) a .. 4 a SECTION A FIGURE 121 CONCRETE MANHOLE COLLAR EI-20, 21 MATERIAL D ETAI L E2-20, 21 CONSTRUCTION 5/18/90 3/05/93 DRAWN BY- JCU 2-08- 000 in m inaft J W I rr l'JWja'�y.Oj1� mm N FC7Uy�/ZZ� vaQ, J oft CL� < L r=2uF1<i fW/IWK� F W4a,' u m 4� U WQ XW WF< O F%v m� JF a LL N W dA �m Y N S Z�< O H �mW �FZ�<< Wa�3iT� 171 N aftu r n � � a a Z ��Om� ow�W{�y4�; �<IriFr Z N � N ZCL in O NNW�O{X�0`�N ��.. WO y��"Z U p WMONNwwm��j Y�j W60Zj F W W Za O C O. Q "511.20,a W 9 O Q g Z Q uu N Z n �W383ur1�rci-sw<=inu~i=�u�a 0 � v � � q r ZZ 4e ad LL- AIM v m D =° 96 W O N a ; z o �► a oftZ ; z o 0 N W au de J a � a i N C r w W � JC 4 _ WLj O •� y~. } r < to zI (A �y v W . V) �F 45 % a ` W Lr 4c O m n i . 00 S Q o n n w Y o u is--y g K6 0 CL 0 a<i W a m n < $ J g' < 0 c I 0 r 6J 0 z111 $� C H7 i0: ma. K O< HPA JJJ ZuuZ ". I D W U J W Uaru ai w =� >- '' Q W z I W N Zcc C Or I < N � Q a Of V J W it w4�a� � �-- 70 V)411 I o �. u �� A L SCK 0 .r - 12 - SPECIAL PROVISIONS go on Aw CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION DOE#: 4303 PROJECT No: T/PW—C 115-020115035542 WATER-PW53-060530178000 SEWER—PS58-070580176410 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the installation of a 24" OR storm drain pipe 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:Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. ,.�. 3. 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. 4. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working �* days. 5. 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. 6. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications,except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH -- STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS _ A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street,2°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. If not shown,then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 7. CONTRACT DOCUMENTS:Bidders shall not separate,detach or remove any portion,segment or sheets ,., from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"nonresponsive"and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. 8. 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 years from date of final acceptance of this project and will be required to replace at its expense any part or all of the project which becomes defective due to these causes. 9. CONSTRUCTION STAKING:Construction stakes for line and grade will be provided by the City as outlined on page 17,Standard Specifications for Construction,City of Fort Worth. ~ 10. TRAFFIC CONTROL: The contractor shall be responsible for providing,following,and maintaining a ► traffic control plan during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways"issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways,"codified as Article 6701 d Vernon's Civil Statues,pertinent sections being Section Nos.27,29,30 and 31. This traffic control plan shall be submitted for review and approval to Mr Charles R. Burkett, City Traffic Engineer @817-871-8774 at least 10 working days prior to the pre-construction conference. 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 time frame established in the Notice to Contractor. The Contractor will not remove any regulatory sign,instructional sign,street name sign or other sign which has been erected by the City. The Contractor shall not install any sign on a city post,pole,or structure without first obtaining written permission from the Engineer. 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 871-8107),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 d,. 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. 11. 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 Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval;and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however,be subject to the approval of the City Council;and no such extension .� of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. AM 12. 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. �.r Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs,"Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices,Vol.No. 1." 13. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material,the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain ,.. Administrator("Administrator"),of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth(Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring MR 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 contractors 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 contractors expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site,upon notification by the Director of Engineering,contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 14. ZONING REQUIREMENTS:During the construction of this project,the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 15. QUALITY CONTROL TESTING: (a) The contractor shall fumish,at its own expense,certifications by a private laboratory for all materials proposed to be used on the project,including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate,cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ 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 fumish 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. MW (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. M" err ift 16. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 17. 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. Mft (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de- energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 18. 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. 19. 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,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 fiuther,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 photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter. (d) "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 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 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." 20. CONSTRUCTION STAKES,• The City,through its Surveyor or agent,will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework.These stakes shall be set sufficiently in advance to avoid delay whenever practical.One set of stakes shall be set for all utility construction(water,sanitary sewer,drainage,etc.),one set of excavation/or stabilization stakes,and one set of stakes for curb and gutter and/or paving.It shall be the sole responsibility of the Contractor to preserve,maintain,transfer,etc.,all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer,a sufficient number of stakes or markings provided by the City have been lost,destroyed,or disturbed,that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place,then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes,at the Contactor's expense.No claims for delay due to a lack of replacement of construction stakes will be accepted,and time will continue to be charged in accordance with the Contract Documents. 21. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as"AIR POLLUTION WATCH DAYS". Typically,the OZONE SEASON,within the Metroplex area,runs from May 1,through OCTOBER 31,with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . +� The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service,will issue the Air Pollution Watch by 3:00 p.m.on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days,the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However,the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour,or if equipment is new and certified by EPA as "Low Emitting",or equipment burns Ultra Low Sulfur + Diesel(ULSD),diesel emulsions,or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m., on a designated Air Pollution Watch Day,that day will be considered as a weather day and added onto the allowable weather days of a given month. A CONSTRUCTION NON-PAY ITEM No. 1 -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. ~- NON-PAY ITEM No.2-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. NON-PAY ITEM No.3-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. 4M By ordinance, the contractor must obtain a permit from the City Forester before any work(trimming,removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM No.4—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 r► • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents'property If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment (and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON-PAY ITEM No. 5—PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up,and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule AM has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 04 NON-PAY ITEM No.6—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. NON-PAY ITEM No.7—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 activityon each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project(i.e. type of construction activity), actual r construction duration within the block, the name of the contractor's foreman and his phone number,the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the `pre- construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project ., to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is +� delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. NON-PAY ITEM No. 8—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. NON-PAY ITEM No.9—WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed,crushed stone and shall meet the following gradation and abrasion:(Actual washing not required if gradation is met) Sieve Size %Retained 1" 0-10 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. PAY ITEM No. 1 -UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final .. cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's 0s 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. PAY ITEM No.2-PROJECT DESIGNATION SIGN: The contractor shall construct and install two(2)Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of V fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. r■ 40 w am do dl V 17 r Oil - 13 - DETAILS (T/PW DEPARTMENT) U Z a U o I ozho w� ago Z=Z NFQ ui z0 mow Q �3W cn w V) MO Z Lwo \\\\ UO�U Q U}Nw a \\\\\ w.. irUO� W LLJ� N W Q o �\ Q ZU w \�\\\ �o oF�Z Z \� z J F`�,Q x W \�\ < V)V) U \ \ w m� <Q \\\ Q W F_-- 2 \\ m 0iY Q \\ a o a. \ w z \\� z w z w c� X \\\\` X d W z O J LLJUP Q w Z Q Q Q LLI Q \ \ �to ..a_�,v:v;;:.in r.�3�'.W:..'-�t.•tib='S`•�itf /\/ _ = Q w.n. Q W.i y ii iii ',w: / Q' Z Z li Q w x ..•, fid t:'. �� J F 1i LLJ Q Z = O f �A% x�.r; r. 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At: FaxID: To:Nikki McElroy Date:4252006 11:03 AM Page:1 of 5 -008D CERTIFICATE OF LIABILITY INSURANCE CSR $� DATE(MM/DD/YYYY) SHUCI-1 04/21/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Featherston Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. 0. Box 97513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Wichita Falls TX 76307-7513 Phone: 940-723-7111 Fax:940-322-9549 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: American Home Assurance Co 19380 INSURER B Bituminous Casualty Corp 20095 SH.U.C. Inc. INSURER C ' H0 Lee Lane INSURER D Weatherford TX 76087-7701 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MMIDD/YOLICY EFFECTIVE POLICY Y N LIMITS GENERAL t1ABILITY EACH OCCURRENCE $1,000,000 B X X COMMERCIAL GENERAL LIABILITY CLP3210118 05/01/05 05/01/06 PREMISES(Ea occu encs) $100,000 CLAIMS MADE FKI OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OPAGG 52,000,000 POLICY FPRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $1,000,000 S X ANY AUTO CAP3210120 05/01/05 05/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY �. X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 $ X7 OCCUR ❑CLAIMSMADE CUP2576188 05/01/05 05/01/06 AGGREGATE $2,000,000 $ DEDUCTIBLE $ RETENTION $10,000 $ WORKERS COMPENSATION AND TORY LIMITS X ER EMP LOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTNE WC1512707 05/01/05 05/01/06 El EACHACCIDENT $1000000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $1000000 If yes.describe under SPECIAL PROVISIONS below E .DISEASE-POLICY LIMIT $1000000 OTHER B LEASED/RENTED CLP3210118 05/01/05 05/01/.06 PER ITEM 100,000 EQUIPMENT I PER OCC 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS PROJECT: FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION City of Fort Worth is additional insured in regards to General Liability as per attached GL4276(9/03) . CERTIFICATE HOLDER CANCELLATION FORTCOI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WLL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY OF FORT WORTH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 THROCKMORTON STREET FORT WORTH TX 76102 REPRESENTATIVES. AU ACORD 25(2001108) C ACORD CORPORATION 1 From:Beery C. At: FaxID: To:Nikki McFiroy Date:4252006 11:03 AM Page:z or o THIS ENDORSEMENT CHAMGES THE POLICY. PLEAW READ IT CAREFULLY. OONTAACTORS ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILr Y COVEWE PART 1, BFiCT10N g-1MH015 AN INSUR®is IrnwWed to Inetrdar Arty "owner",."contractor', 'construction manager','angineer"or'architect"it it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such parson(s)or organizations)be added as an additional insured on your policy but only for the project designated In your written contract or written agreement and only with respect to%bodily injury,''property damage'or'personal and advertising injury'caused,at least in part,by your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional insured(s),or B. Acts or omissions of the additional irisured(s)in conttectlon with their general supenrlslon of such operations. With respect to the Insurance afforded such additional lnsureds pursuant to this endorsement and the above referenced General Liability Form,the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any'suit'seeking damages for 'bodily Injury.' property damage'or'personal and advertising injury; until we receive written notice from the additional insured requesting that we defend 1t in the'suit.' 2. The Limits of Insurance applicable to ft additional insureds under this endorsement are those spedfled in the written contract or agreement requiring this coverage, or as staled in SE-CMN III- UMrM OF INSURANCE of the COMMERCIAL GENERAL t MLIITY COYPAAGE FORM,whichever are less. These Limits o1 Insurance are inclusive of and not in addition to the Limits of Insurance described In SEC'TON UI of that form, 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Give written notice to us of an'occurrence'or en offense which may result in a claim. This shall include: (1) How,when and where the"occurrence'or offense took place; (2) The narnes and addresses of any injured persons and witnesses;and M The nature and location of any injury or damage arising out of the'occurrence'or offense. b. Give written notice to us of a claim or'suit'brought against the additional insured Including speclllcs of the clalm or'sun'and the date It was received. a. Give written notice of such claim or'suit,'including a demand for defense and indemnity, to any other insurer who had coverage for the claim or"auk'under its poficy(ies),either at the time of,or at any time subsequent to the occurrence of the'bodily injury,' property damage' andlor the offense causing the'personal and advertising Injury; which is the basis for such claims or'suit'. (1) Such notification must demand the full coverage available under that policy;and GL-4276(D9/03) -t- From:Becky C. At: FaxlD: To:Nikki McElroy Date:4252006 11:03 AM Page:3 of 5 (4) The additional insured shall not take any action to waive or limit such other coverage available to it. 4. This insurance does not appy to: a. "Body injury''property damage'or'personal and advertising Injury'occurring after (1) All work on the project(offer than service,maintenance,or repairs)to be performed by or on behaH of the additional insured(s)has been completed;or (2) That portion of'your work'out of which tho injury or damage ansea 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. 'Bodily injury' 'property damage'or Versonal and advertising injury"resulting from any act or omission of the additional Insured(s) or any of their employees, other than the general supervision of work performed for the additional insureds)by you. c. 'Bodily injury"'property damage"or'personal and advertising injury"resulting from work performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated(wrap- up)Insurance Program, d. 'Bodily injury.'property damage'or"personal and advertising injury*- (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf,but only with respect to either or both of the following operations; (a) Providing engineering,wahitactural or surveying services to others in the Insured's capacity as an engineer,architect or surveyor,and (b) Providing, or hiring irldependent professionals to provide, engineering, architectural or surveying services In connection with work the insured performs. (2) Subject to paragraph(f)below,professional services include: (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surreys, field orders, change orders, or drawings and specifications;and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does not include the general supervision of your operations on such project (11) Professional services do not include services within construction means,methods. techniques,sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement,the following dotinitions ars added: 'Owner' means a person or organization who has ownership in the project promises, designated in your written contract or written agreement, at which you are performing operations at. G1-4276(09/03) .2- From:B6cky C. At: FaxlD: To:Nildd McElroy Date:4252006 11:03 AM Page:4 of 5 "Contractor means a person or organization with whom you have agreed in a written contract or written agreement to perform operations for at the project designated In the written contract or written agreement 'Construction Manager' means a person or organization designated as 'construction manager"in your written contract or written agreement,and has management or supervisory responsibillikis over your operations for the project designated in your written contract or written agreement. 'Engineer" means a person or organization who has been engaged by the "owner, 'contracbor" or 'construction manager to perform engineering servieea for the project designated in your written contract or written agreement and has a contractual responsibility for supervising,directing or controlling your oparations on such project. 'Alxhllect" means a person or organization who has been engaged by the *owner, 'contractor" or 'construction manager" to perform architectural services for the project designated in your wrilten contract or written agreement and has a contractual responsibility for supervising,directing or controlling your operations on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional Insured(s) whether primary, excess, contingent or on any other basis unless you have agreed in a wrihert contract or written agreement executed prior to any loss that this insurance will be primary. However, any insurance specifically purchased for a designated project(s), including but not limited to specific additional insured coverage, owners contractors protective coverage, etc., will be primary with this insurance being excess. This insurance will be nonoDnrtributory only it you have so agreed in a written contract or written agreement executed prior to any loss and this coverage is determined to be primary. GL-4276(08103) -3- From:Becky C. At: FaxlD: To:Nikki McElroy Date:4252006 11:03 AM Page:5 or o IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001!08) ACORD CERTIFICATE OF LIABILITY INSURANCE CSR BCDATE(MM/DD/YYYY) SHUCI-1 1 04/12/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Featherston Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. 0. Box 97513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wichita Falls TX 76307-7513 Phone: 940-723-7111 Fax:940-322-9549 INSURERS AFFORDING COVERAGE NAIC# JINSURED INSURERA: American Home Assurance Co 19380 INSURER B: Bituminous Casualty Corp 20095 S.H.U.C. Inc. INSURER C: 310 Lee Lane INSURER D: Weatherford TX 76087-7701 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING III ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINSRE TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 B X COMMERCIAL GENERAL LIABILITY CLP3210118 05/01/05 05/01/06 PREMISES(Ea occurence) s 100,000 CLAIMS MADE a OCCUR MED EXP(Any one person) 5 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY � aM �eDISINGLE LIMIT $ 1,000,000 B X ANY AUTO CAP3210120 05/01/05 05/01/06 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY p X NON-OWNED AUTOS $ (Per accident) PROPERTY DAMAGE s (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC s AUTO ONLY: AGG $ d EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s2,000,000 )B X OCCUR DCLAIMSMADE CUP2576188 05/01/05 05/01/06 AGGREGATE x2,000,000 S RDEDUCTIBLE s X RETENTION $10,000 S r WORKERS COMPENSATION AND TORY LIMITS I ER A EMPLOYERS'LIABILITY WC1512707 05/01/05 05/01/06 E.L.EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE s 1000000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER LEASED/RENTED CLP3210118 05/01/05 05/01/06 PER ITEM 100,000 EQUIPMENT I I PER OCC 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION ERTIFICATE HOLDER CANCELLATION FORTC01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION r' DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY OF FORT WORTH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 THROCKMORTON STREET REPRESENTATIVES. FORT WORTH TX 76102 AU R T ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. J, G 1. 1 i CORD 25(2001/08) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4303 and City of Fort Worth Project No. C115- 02011503542, PW53-060530178000, PS58-070580176410. „ry CONTRACTOR S.H.U.0 INC. By' Name: her rn:x-n Raclsz o-- Title: 1P r r---s cA en-V- Date: 4-21'g04 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared uej 4:r?n known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of S.H.U.C., INC. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office thisad-� day of , 20 L Notary Public in and for the State of Texas orPv KARENmPubIII,ANE •�� STATE OF TEXAS comm.�cp.1112?12� Bond #TXC 55807 �•• PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: °^ COUNTY OF TARRANT § That we(1)S.H.U.C.,INC.as Principal herein,and(2)Merchants Bonding Company.a corporation organized under the laws of the State of(3) Iowa ,and who is authorized to issue surety bonds in the State of Texas, Surety herein,are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein,in the sum of: ONE HUNDRED TEN THOUSAND FIVE HUNDRED TWENTY-FIVE AND 20/100............................... ($110,525.20)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the APR 0 �f2006 .2006 a copy of which is attached hereto and made a part hereof,for the construction of FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION NOW THEREFORE,the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such ^^ statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. APR Q 4 2006 SIGNED and SEALED this of .2006.- ATTEST: 2006.ATTEST: S.H.U.C. (Principal)Secretary PRINCI A ) BY: Title: (SEAL) 310 LEE LANE WEATHERFORD,TX 76087 h (Address) Merchants Bonding Company W66ss as to Principal •. Surety Address BY:�An 4_-1-) � � ATTEST: (Attorney-in-fact)(5) (Surety)Secretary P O Box 26720,Austin,TX 78755-0720 (Address) Telephone#(800)252-9656 (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) Correct name of Surety w (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by Attomey-in-Fact. The date of bond shall not be prior to date of ® Contract. Wi as to Surety 701 a ar.Wichita Falls TX 76301 ** (Address) Bond #TXC 55807 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)S.H.U.C.,INC.,as Principal herein,and(2) Merchants Bonding Company ,a corporation organized and existing under the laws of the State of(3) Iowa ,as surety,are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tan-ant and Denton Counties,Texas,Obligee herein,in the amount of ONE HUNDRED TEN THOUSAND FIVE HUNDRED TWENTY-FIVE AND 20/100........................................ Dollars ($110,525.20) for the payment whereof, the said Principal and Surety bind themselves and their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents: WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the day of ,2006,which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: FLOYD-HANOVER STORM DRAIN AND WATER CONSTRUCTION NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code,as .n amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. APR 0 4 ?00b SIGNED and SEALED this day of, zuub. S.H.U. IN . PRINC P EST: By: i ) I I�� -r/l/4, Name: (Principal) Secretary Title: Rg (S E A L) Address: 310 LEE LANE WEATHERFORD, TX 76087 ess a6fto Principal Merchants Bonding Company SURETY ATTEST: By: Staci Gross Name: Secretary Attorney in Fact (S E A L} Address: P O Box 26720 _.. Austin.TX 78755-0720 Wi e s as to urety Telephone Number: (800)252-9656 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. I In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Bond #TXC 55807 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § That S.H.U.C., INC. ("Contractor"), as principal, and Merchants Bonding Company a corporation organized under the laws of the State of Iowa , ('Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City")in Tarrant County, Texas,the sum of ONE HUNDRED TEN THOUSAND FIVE HUNDRED TWENTY FIVE AND 20/100............................... Dollars ($110,525.20), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however,that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the of r',PR n 4 ?Ar 06, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION the same being referred to herein and in said contract as the Work and being designated as project number(s) C115-02011503542, PW53-060530178000, PS58-070580176410 and said contract, F- including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two(2)years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts, each of which shall be deemed an original, this day of , A.D. 2006. APR O 4 2006 ATTEST: S.H.U.C. 1 (S E ti L) Contra ii By: Secretary Name: 5-6 P rrn a T udso A- Title: 2CP 6A.a 7 - ATTE$T,; Merchants Bonding Company (S E A�j Surety _ By: Set=tetary Name: Staci Gross Title: Attorney-in-Fact � I P O Box 26720 Austin,TX 78755-0720 Address �1 ■ POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company Band No. KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)Is i 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 Stats of Texas (heroin collectively called true"Companies').and that the Compenles do hereby make,constitute and appoint Donal Boley,Steve Deal,Staci Gross and/or Janet Kaiser of Wichita Falls and State of Texas their Ira and lawful Aftomay-inrFact•with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deilver In their behalf as surety any and all bards,undertakings,recognizences or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of TWO MILLION(52,000,000.00)DOLLARS and to bird ate Companies thereby as fully end 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 saki Attomey-In-Fact,pursuant 10 the authority herein given,are hereby ratified and confirmed. This Power-of-Attomsy is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of DlrwWs of Nation Bonding Company an April 19.2003. 'The Chairman of 11he Board or President or any Via President or Secretary shall have power and authority to appoint Atilomeys-h-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings.reeognkwcea,contracts of Indemnity and other writings obligatory in Ute nature thereof. The signature of any authorized officer and the Seel of the Company may be offlxed by facsimile 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 that have the same force and effect an though manually fixed.' In Witness Whereof.the Companies have caused this Instrument to be signed and ceded this 1st day of May,2003. •1010.... • CO 0.... W •��\M...... A•• MERCHANTS BONDING COMPANY(MUTUAL) •.m4oaPo �.• ;eo`opPOq'�!=�� NATIONS BONDING COMPANY coos •a; :i• 1 9 :ti: By STATE OF IOWA x'0.0.-0 •'•••••'•• President COUNTY OF POLK se. On this tat day of May,2003,before me appeared Larry Taylor,to me personally known,who being by me duty sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals affixed to the foregoing inetnnrnent are the corporals seek of the Compares;and that the seid Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Dkwkn. In Testimony Whereof,I have hereunto act my hand end affixed my Official Sed at the City of Des Moines,Iowa,the day and year first above written. MARILYN BOY Commission Numbe100 11 � � � Notary Pu01k,Po*County,low, STATE OF IOWA COUNTY OF POLK so. 1, William Wamer,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby cantly that the above and foregoing is s 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 Wiliness Whereof,I have hereunto sat my hand and affixed the seal of the Companies on this day of h� 1010.1010 ,.0 0.10..• APR 0 4 2006 HI ....... o: �eo�'pRPOq'A's. 0 zoos 'a: :_• 1933 ��c; Secnhry / 1010�. .��•� •o•L�4•• ,`;`+Q. NBC 0103(4/03) ''•••••' V'•77.•�;10•.•• I ,OND/N � n � o _ ® 3 v � b DEQ MOtIRI �► E Merchants Bonding Company P.O. BOX 26720 •AUSTIN, TEXAS 78755-0720 Please send all notices of claim on this bond to: L Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 L Po Box 26720 Austin, TX 78755-0720 (512) 343-9033 L L 1 i f f CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS w KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the day of .APR 0 4 2��, 20& by and ,4 between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11 th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, S.H.U.C.,INC., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: * FLOYD-HANOVER STORM DRAIN AND WATER LINE CONSTRUCTION 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10)days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. w 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 70 WORKING days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of h Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner �— satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in - monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates n/a, shall be ONE HUNDRED TEN THOUSAND FIVE HUNDRED TWENTY-FIVE AND 20/100.............................................Dollars,($110,525.20). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the day of PRI 0 4 ,2 M.,2006. RECOMMENDED: CITY OF FORT WORTH DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING APPR V e Marc A. Ott,Assistant City Manager TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: S.H.U.C..INC. w 310 LEE LANE WEATHERFORD,TX 76087 CONTRACTOR �. CITY SECRETARY (SEAL) BY: Cont act Authorization �re5 ` � J!/tf✓PYldm ►Tu�aDl� Date TITLE 3 to Lit a*k"Y- t `Jt (r G� APPROVED AS TO FORM AND 70 ""V LEGALITY: ADDRESS AS C ORNEY November 1960 Revised May 1986 Revised September 1992