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HomeMy WebLinkAboutContract 33338 oft CRY sfc Er yam D.O.E. F&E CITY SECRETARY CONTRACTOR'S NDING CO. CONTRACT No. .. CONSTRUCTI ' ;.;`u"LIENT DEP E we ORTWORTH SPECIFICATIONS AND CONTRACT DOCUMNETS WATER AND SEWER REPLACEMENT CONTRACT 2004 WSW-G WATER PROJECT No. P253-541200-603170015383 .. SEWER PROJECT No. P258-541200-703170015383 DOE NO. 4894 COLLEGE AVE. (SEMINARY DR.TO BOLT ST.) W.HAMMOND ST. (JAMES AVE.TO S. ADAMS ST.) .. HILLTOP RD. (WEST DEAD END TO STADIUM DR.) DECEMBER 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER .. DOUGLAS RADEMAk,ER., P.E.—DIRECTOR ;• „� :, DEPARTMENT OF ENGINEERING •:' �c'; PREPARED BY: ' DEPARTMENT OF ENGINrli!l i co arf RUNNY �Y, W00H, YEN FoRTWORTH .........WWW1*CFW%#C9T2 Home I Caunbl Ae,)enda I M&,C i Employee Directory I Morning R*,ivoit I Ads I PRS I IT Online J Departments I Site Map Print M&C COUNCIL ACTION: Approved on 3/7/2006 -Ordinance No. 16837-03-2006 DATE: 3/7/2006 REFERENCE NO.: **C-21332 LOG NAME: 3000NATSER2004 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Contract with Conatser Construction TX, L.P. for Water and Sewer Replacements Contract 2004 WSM-G RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer$704,435.50 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$624,380.00 and Sewer Capital Projects Fund in the amount of $80,055.50; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$624,380.00 and the Sewer Capital Projects Fund in the amount of $80,055.50 from available funds; and 3. Authorize the City Manager to execute a contract with Conatser Construction TX LP in the amount of $609,033.50 and 120 calendar days for Water and Sewer Replacements Contract 2004 WSW-G. DISCUSSION: The work to be performed under this contract consists of replacing and installing water and/or sewer mains and other pertinent construction required to provide water and sewer service to citizens. Paving improvements for Hammond, Hilltop and College Street will follow and will be done under the Transportation and Public Works Department Street Maintenance Program. This project was advertised on December 15, 2005 and December 22, 2005. The following bids were received on January 12, 2006. BIDDERS AMOUNT TIME OF COMPLETION Conatser Construction TX LP $609,033.50 120 Calendar Days Specified RKM Utility Services Inc. $695,685.80 Cleburne Utility Const. Inc $758,850.25 S.H.U.C. Inc. $761,671.80 ME Burns Const. Inc $814,369.25 Circle 'C' Const. Co. $817,525.50 Patco Jackson Construction, Ltd. $840,980.00 Patco Utility Services Inc. $1,005,279.79 Conatser Construction TX LP, Inc. is in compliance with the City's MA BE Ordinance by committing to 7% M/WBE participation and documenting good faith effort. Conaster Construction TX., L.P. identified several subcontracting and supplier opportunities. However the M/WBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 17'6/0. In addition to the contract cost, $70,401.00 is required for the Department of Engineering inspection and project management costs ($57,365.00 for water and $13,036.00 for sewer) and $25,000.00 is required for contingency for possible change orders. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and the adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water and Sewer Capital Projects Funds. TO F u nd/Accou nt/C enters FROM Fund/Account/Centers 1)&2) PE45 538070 0609020 $624.380.00 P253 472045 603170015372 $624,380.00 PE45 538070 0709020 $80.055.50 1)&2) $80.055.50 P258 472045 703170015372 P253 541200 603170015383 $544.685.00 2)P253 531350 603170015333 $3,668.00 P258 541200 703170015383 $64,348.50 2)P253 531350 603170015352 $17.011.00 2)P253 533010 603170015381 $462.00 P253 531350 603170015382 $462.00 P253 541200 603170015383 $567.015.00 P253 531350 603170015384 $1,050.00 P253 531350 603170015385 $34.021.00 P253 531350 603170015391 $691.00 P258 531350 703170015333 $2,540.00 P258 531350 703170015352 $3,385.00 P258 533010 703170015381 $113.00 P258 531350 703170015382 $113.00 P258 541200 703170015383 $67,019.50 P258 531350 703170015385 $6,772.00 P258 531350 703170015391 $113.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker(6157) ATTACHMENTS 30Conatser2004.doc NOTICE TO BIDDERS Sealed proposals for the following: FOR: WATER AND SEWER REPLACEMENT CONTRACT 2004 WSW-G WATER PROJECT No. P253-541200-603170015383 SEWER PROJECT No.P258-541200-703170015383 DOE NO.4894 COLLEGE AVE. (SEMINARY DR.TO BOLT ST.) W.HAMMOND ST. (JAMES AVE.TO S. ADAMS ST.) HILLTOP RD. (WEST DEAD END TO STADIUM DR.) 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,January 12,2006 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 twenty dollars($30.00)per set. Bid security is required in accordance with the Special Instruction to Bidders. 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) 871-7910. 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. raw .,P In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the P 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 UTU IZATION 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. Roberto C. Sauceda at(817)392-2387. CHARLES R. BOSWELL MARTHA HENDRIX CITY MANAGER CITY SECRETARY A. Douglas Rademaker, P.E. Director, Department of Engineering By ryan eck, P.E. Manager, Design Services Advertising Dates: December 15,2005 December 22,2005 TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Part B-Proposal 4. Minority and Women Business Enterprises (MWBE) Specifications 5. Part C-General Conditions 6. Part D-Special Conditions 7. Part DA-Additional Special Conditions 8. Section E-Specifications 9. Standard Details 10. Certificate of Insurance 11. Contractor Compliance With Worker's Compensation Law - 12. Performance Bond 13. Payment Bond 14. Maintenance Bond 15. Part G-Contract SPECIAL INSTRUCTIONS TO BIDDERS 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) .w 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 dM 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 �r 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. 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. �. 4. 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 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. 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. MR 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City .� harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM (`with Documentation") and/or the JOINT " VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work ,.. performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 12. FINAL PAYMENT AND ACCEPTANCE AND WARRANTY: a) The contractor will receive full payment(less retainage)from the city for each for each pay period. b) Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c) The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed. d) The warranty period shall begin as of the date that the final punch list has been completed. e) Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due payable. f) In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the City and there is a dispute regarding(i)Final quantities,or(ii)Liquidated damages,city shall make a ° progress payment in the amount that city deems due and payable. g) In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Mr. Charles R. Boswell 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 100 LT of 6-Inch Water Pipe, 7,620 L.F. 8-Inch Water Pipe, 75 L.F. of 10-Inch Water Pipe, 65 L.F. of 12-Inch Water Pipe and 690 L.F. of 8-Inch Sewer Pipe and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: WATER AND SEWER REPLACEMENT CONTRACT 2004 WSW-G PROJECT No. P253-541200-603170015383 PROJECT No. P258-541200-703170015383 DOE NO. 4894 .o COLLEGE ST.(W.SEMINARY DR.TO BOLT ST.) W.HAMMOND ST. (JAMES AVE.TO S. ADAMS ST.) 40 HILLTOP RD. (WEST DEAD END TO STADIUM DR.) mom Pursuant to the foregoing"Notice to Bidders", the undersigned has thoroughly examined the Contract Documents, specifications, including plans, special contract documents, and the General Contract Documents and General Specifications of Water Department Projects, the site of the project and understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor,equipment, and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Payment Bond, Performance Bond and Maintenance Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums,to-wit: 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) �r. (D-No.refers to related items in the Part D Special Conditions: Proposal B- 1 SECTION A: WATER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 1. 100 LF. 6-Inch Water Pipe*, Per Linear Foot: �wer►i—/ FDIlr Dollars 00 OD and iy C) Cents $ "'24 $ 2. 7,620 LF. 8-Inch Water Pipe*, Per Linear Foot: werl f q 1'q l�-!- Dollars ando Cents $ a29. o o $ ai 3, 3l°0• ° 3. 75 LF. 10-Inch Water Pipe*, Per Linear Foot: -fh i l l.-1l w Q Dollars and NO Cents $_�01) $ oZ,`f00•�° 4. 65 LF. 12-Inch Water Pipe*, .R Per Linear Foot: r&�j L�15H t Dollars and No Cents 5. 9 EA. 6-Inch Gate Valve w/Cast Iron Box and Lid,Per Each S ix P/u,,jd ad Fi f i,/ Dollars D and #)0 Cents $ (9,�. 6. 19 EA. 8-Inch Gate Valve w/Cast Iron Box and Lid, Per Each Spkr1 QtU06 Y'+�+J- Dollars p and o Cents $ 1 �JD D $ / 0�5O• D 7. 1 EA. 10-Inch Gate Valve w/Cast Iron Box and Lid,Per Each &I eye.Y1 L6 r.►d d Dollars o and W Cents 41m. 10 $ 8. 1 EA. 12-Inch Gate Valve w/Cast Iron Box and Lid,Per Each �l�w1e .�J uU►Nd�.Od Dollars D and 1.10 Cents $ 0 $ ��(�• 9. 176 EA. Furnish and Set Class A,B,&C Meter Boxes;Per Each: 7T-UJO a u4--.1 A t4d Dollars b and k,M Cents $ Q(Z° $35i COQ 10. 177 LF. Install 1-Inch Service Taps to main, Per Each: I" L�.kjr4- Dollars a and bX Cents $_ '2g 50-00 $ Proposal B-2 .r no 11. 4,427 LF. Install 1"Copper Service from A, Main to five(5)Feet Behind the Meter,Per Linear Foot: (,►r2r1.1--� Dollars o and N 0 Cents $ ,Da $8 g� o 12. 29 EA. Install Multiple Service Branches For 1"Copper Service;Per Each: 0 N 2 N U Dollars and 1J 0 Cents $ 13. 11 EA. Relocate 1-Inch Service Meters 04 and Meter1 'Boxes -T-WO WO u n1 d v4 d Dollars t7 O and ys M Cents $ XD.-0" $ 2 a0D• 14. 9 EA. Standard Fire Hydrant(3'-6' Depth), Per Each R �iee" 14U/,dr4c� Dollars G and J l U Cents $ 1.SDO.b $ 10o. 15 18 VF Fire Hydrant Bbl.Extension. Per Vertical Foot d N�L �U'1 d wkI6 Dollars and NO Cents $ 100-o D $ �Q D 16. 9 EA. Remove&Salvage Existing Fire Hydrant Per Each '('tW Nutt L46 Dollars and 1n10 Cents b $ S6Ob b 17 1 EA. Remove&Salvage Existing Gate Valve Per Each �,f l. u l'-Awlri Dollars � and N t7 Cents $ �Op•Oo $ I DO•O 18. 220 LF. 3/4-Inch Copper Service Line on Private ► Property By a Licensed Plumber �j,U n14 Dollars >f .� and-a 0 Cents $ C)b,0 0 $ -too 0 19. 75 LF. Permanent Asphalt Pavement Repair Linear Foot: ( Dollars Mft and Cents $ 20. 55 LF. Permanent Concrete Pavement Repair, Per Linear Foot: QYA,A `9� Dollars and IJa Cents $ 1 .A° $ d L175- �0 21. 11,340 LF. Temporary Asphalt Pavement Repair, «�. Per Linear Foot: 1 X Dollars and �10 Cents $ �0 $ [own OD QU Proposal 3 p 22. 11,340 CY. Trench Safety System, Per Cubic Yard UN 4-- Dollars and F •}.� Cents $_(7.$0 $ G 76• D 23. 4.25 TON Cast IrowD ctile Iron Fittings, Per Ton: y-f 1 hY`Q2. 1 ` Iy1.Csa✓'Id. Dollars and H u Cents $ � $ / • 24. 1 L.S. Furnish&Lay 2"Pipe&Fittings For Temporary Service,Per Lump Sum: V)4l V-Q hj)uSGI nd Dollars and H C] Cents $ opp. a $ ►a, DSD 25. 20 CY. Class`B' Concrete(2500#); Per Cubic Yard F 'J'e, Dollars& a jV 10 Cents $ 5• o $ �Dd 26. 20 CY. Class`E' Concrete(2500#); Per Cubic Yard +wr Z • J Q„ Dollars& d 1 /Up Cents $ 5.0 b $ 100 27. 30 CY. Crushed Limestone; Per Cubic Yard bhp,. Dollars& M2 Cents a� 28. 60 LF. Concrete Curb&Gutter Replacement, Per Linear Foot: 1'1-}—/ Dollars and a Cents $_��• b b $ /aDb 29. 35 LF. 8-inch CL 51 D.I.P.For S.S. Replacement; Per Linear Foot: Dollars /� and AlCents $ $ Z Ub V TOTAL BID AMOUNT gs• 00 *Type of Pipe Used P.V.C.DR-14: D.I.P.Class 51: d. A* to Proposal B-4 SECTION B: SEWER v ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 1. 690 LF. 8-Inch Sanitary Sewer Pipe(All Depths)*, Per Linear Foot: -7 �`-i> - Dollars 0 and A/D Cents $ -2-500 $ 2. 300 LF. 4-Inch Sanitary Sewer Service Line Replacement, Per Linear Foot: (W-erj -.' Dollars 6 and,N n Cents $ O?0• D $ 3. 450 LF. 4-Inch SDR-26 Sanitary Sewer Service Line oft Replacement,Per Linear Foot: —Dollars an Cents $ o? $ 900 U —� 4. 26 EA. 4-Inch Sanitary Sewer Service Tap, Per Each: r --T64uj4dgJ r1 t �'� Dollars and 1�,p Cents $ 050-00s -b 5. 26 EA. Sanitary Sewer Service Cleanout, Per Each: / w0 4t4A OW-6 Dollars and r/D Cents $ a0D•pb $ a.w 6. 2 EA. Standard 4-Foot Diameter Manhole to 6 feet depth,Per Each: EI 14 eeo-i 4 u A 0A r 6 Dollars D .., and filo Cents $ Sp p.D D $ 3,D00- D 7. 0.55 VF. Additional Depth Over 6 Foot of Standard 4 foot Diameter Manhole,Vertical Foot �— WLL kt4ay*A���3 Dollars a and del O Cents $ •D d $ S 8. 1 EA. Remove Existing Sanitary Sewer Manhole, .. Per Each: I I USD i-t a A d 1,QJ Dollars and �i'D Cents $ $ ��• 9. 2 EA. Watertight Manhole Inserts, Per Each: P, Dollars pl7 v D and aJx Cents $ SO, $ 10. 2 EA. Concrete Collar for Manhole, Per Each r , r �UI�A N u N C�1�9� �'i+c-�.1 Dollars O and b Cents $�SO.UO�D $_ Proposal B-5 11. 1,648 LF. Temporary Asphalt Pavement Repair, Per Linear Foot: 5 X Dollars p UD and A)b Cents $ $ 12. 690 LF. Post-Construction Television Inspection of Sanitary Sewer Lines, Per Linear Foot: i ( W 0 Dollars p ' pb and Cents $ 13. 1,648 LF. Trench Safety System, Per Linear Foot: 04,Q, Dollars Dp and Cents $ _ $ 1P(l� 0 14. 2 EA. Vacuum Test For New Sanitary Sewer Manhole;Per Each: j;f f j Dollars 1 p D and h/D Cents $ $ 15. 130 LF. Concrete Curb&Gutter Replacement, Per Linear Foot: �I,UQ V 1+ Dollars 01 and1�1 D Cents •V $ TOTAL BID AMOUNT $ c�'7 _ 3 Llg�S a *Type of Pipe Used ✓ PVC Pipe(SDR-35,Per E1-25,6— 15 Inch) PVC Pipe(PS46,Per E1-27,6— 15 Inch) PVC Pipe(Composite Pipe,Per E1-29, 8—15 Inch) PVC Pipe(Corrugated Pipe,Per EI-31,6— 15 Inch) ,� Q� pD TOTAL BID AMOUNT WATER $ LI &�JJ' TOTAL BID AMOUNT SEWER$ GRAND TOTAL BID AMOUNT $ �2 Oil 0 b3-S. s a Proposal B-6 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. �r 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 One Hundred Twenty (120) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below,as applicable:) 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. Proposal B-7 .w I(we)acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. I (Initials) Addendum No.3(Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted, �.n nat-i-s e f `els}qk DYI 1 Jf Ll` By: y Yut.+SP r Address 7x - . Tx Mp119 ,.� Telephone: $11-53q-1743 (Seal) Date: Proposal B-8 FORT WORTH City of Fort Worth AM 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 The City's MBE/WBE goal on this project is 17 %of the base bid value of the contract. '^ COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. .. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. 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 MMBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. o ening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)392-6104. MW Rev.5/30/03 .. ATTACHMENT 1A Page 1 of 4 am FORT O�T_H City of Fort Worth AM Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME:pp Check applicable block to describe prime aw CQQQL+SQY IOnS+ruC+r'p,� --J—X L1 PROJECT NAME: /+ MM//DBE x NON-M/w/DBE Cori-4v-ac--f d-0 0 L{ 1�S CY BID DATE Nor I - la - bh City's MNVBE Project Goal: Prime's MNVBE Project Utilization: .�a PROJECT NUMBER W41er 5 33�sq I a 00-6&700157 3 %, % !*we r-Pa 59 -5"11dDu-7o3l 7oo16 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, Will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, " Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. a. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business .. Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another MNVBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The MNVBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the Fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. WOW i ATTACHMENT IA FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. �. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) O SUBCONTRACTOR/SUPPLIER T n Company Name ; N T Detail Detail Address i M wC X M Subcontracting Work Supplies Purchased Dollar Amount Tele hone/Fax r T D W Telephone/Fax E E R O B C T E A Ira t,K; nc� � ROBERT gRANADOSTRUCKING � �f')l.l�l Q�� 4608 Sanda a ,J�j Fort Worth,Texas 76115 I 00 (817)875-2400 SLA 1,Plus l Ina COWTOWN REDI-MIX I �� 00 PO PO Box 162327 Q l DbO U �.. Fort Worth,Texas 76161 I ✓ v(917)759-1919 f(817)759-1716 BARCUS PIPELINE INSPECTION ' 6317 Cook Hill Rd. !��? �'� Oyl Qoa B-tenon,TX 76028 v(817)447-3720 f(817)447-1295 l) dM (moi r�S Wa4-er + MM NATIONAL WATERWORKS 'G�Pw y Box Da ISS(�-a-j PSS $ 171, LI Std• Dallas,TexasTexas 75284 I (800)252-1557 �u REYNOLDS ASPHALT& Asp CONSTRUCTION COMPANY PO Box 370 I "' Euless,Texas 76039 (817)267-3131 _ __ Rev.5/30/03 ATTACHMENT to FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ p D 0 O0 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ -7 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ aZ��J/ 0 JD- OD •• 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/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including �. M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment -- from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. (�=K,( J LDCLIS-pc A rize ignature Printed Signatufb ,6,0 n4- `moo vy,� Title Contact NametTide(if dlf owt) flhu^„e— mac, C -# -T g11 -55q-17L43 Company Name Telephone and/or Fax Address lull Add {'n�4r- �a r �'► -I---X -full I I 2� - y LP Citylstateop, Date ar Rev.5J3d 3 — ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort worth Good Faith Effort Form — PRIME COMPANY NAME: Check applicable block to describe conu_AT rime S�� ���S^I'✓I,( � �U Y7 I MNV/DBE NON-M/W/DBE PROJECT NAME: r .l — COn-A ra L,4 aW4 WSW " & BID DATE I– /-- –D City's M►wBE Project Goal: PROJECT r — % &-WDr +3' 0Sfs -514 12D - 203/ -700IS36 If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. — If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. — Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 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. 1.) Please list each and every subcontracting and/or supplier opportunity] for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS),IRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the .� 2" tier. (Use additional sheets, if necessary) — List of Subcontracting Opportunities List of Supplier Opportunities �r (,L ; get- I Mc Oaiv ,r d- S2 uj-.Q- r n 2. C1 Y-u ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of MIWBE subcontractors and/or suppliers from the City's M/WBE Office. ' Yes Date of Listing /,Z_1 D-7 / 0,5- No 3.1 Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? ✓Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) — No 4.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? ,-"'Yes (If yes,attach list to include name of M/WBE firm,person contacted,phone number and date and time of contact.) No _ NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of MIWBEs for a particular subcontractingisupplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of MIWBEs for a particular subcontractingisupplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of pons and specifications in order to assist the MlWBEs? Yes No 6.) Submit documentation if MIWBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets,if necessary,and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Q19d2 A J J_J 32-1 utt ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. a The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for ® terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false _ statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MMOBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in a Attachment 1C will be contacted and the reasons for not using them will be verified by the City's MBE Office. QfC thoriz d Signature Printed Sig ature Title Contact Name and Title (if different) eric�-�s�,r'" Sh�n,l crl r an-TK,� l -53�F- r eft 7-53y -�Ss� a Company Name Phone Number Fax Number 0 � I sof� `�` 'te 9cxtS�r. a CDA— Address Email Address City/State/Zip Date W Rom PART C - GENERAL CONDITIONS .f. TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 . 1 Definition of Terms C1-1 (1) C1-1. 2 Contract Documents C1-1 (1) C1-1. 3 Notice to Bidders C1-1 (2) C1-1. 4 Proposal C1-1 (2) C1-1. 5 Bidder C1-1 (2) C1-1. 6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1. 8 Specifications C1-1 (2) C1-1. 9 Bond C1-1 (3) C1-1. 10 Contract Cl-1 (3) C1-1. 11 Plans C1-1 (3) C1-1. 12 City C1-1 (3) C1-1. 13 City Council C1-1 (3) C1-1. 14 Mayor C1-1 (3) C1-1. 15 City Manager C1-1 (4) dw C1-1 . 16 City Attorney Cl-1 (4) C1-1. 17 Director of Public Works C1-1 (4) C1-1 . 18 Director, City Water Department C1-1 (4) C1-1. 19 Engineer C1-1 (4) C1-1 .20 Contractor C1-1 (4) C1-1 . 21 Sureties C1-1 (4) C1-1. 22 The Work or Project C1-1 (4 ) C1-1.23 Working Day C1-1 (5) C1-1.24 Calendar Day C1-1 (5) C1-1.25 Legal Holiday C1-1 (5) C1-1 . 26 Abbreviations C1-1 (5) C1-1.27 Change Order C1-1 (6) C1-1. 28 Paved Streets and Alleys C1-1 (6) C1-1 .29 Unpaved Streets and Alleys C1-1 (7) C1-1. 30 City Streets C1-1 (7) C1-1. 31 Roadway C1-1 (7) C1-1. 32 Gravel Street C1-1 (7) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL � C2-2 . 1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (2) C2-2. 3 Examination of Contract Documents and Site NCNB,C2-2. 4 Submitting of Proposal lNCNB, CITY BEER Oft O. 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 (4) C2-2 . 8 Withdrawing Proposals C2-2 (4) C2-2 . 9 Telegraphic Modification of Proposals C2-2 (4) C2-2 . 10 Public Opening of Proposals C2-2 (4 ) C2-2. 11 Irregular Proposals C2-2 (5) C2-2. 12 Disqualification of Bidders C2-2 (5) r" C3-3 AWARD OF EXECUTION OF DOCUMENTS C3-3. 1 Consideration of Proposals C3-3 (1) P" C3-3. 2 Minority Business Enterprise/ Women-Owned Business Enterprise Compliance C3-3 (1) C3-3. 3 Equal Employment Provisions C3-3 (1) C3-3. 4 Withdrawal of Proposals C3-3 (2) C3-3. 5 Award of Contract C3-3 (2) C3-3. 6 Return of Proposal Securities C3-3 (2) C3-3. 7 Bonds C3-3 (2) C3-3. 8 Execution of Contract C3-3 (4) C3-3. 9 Failure to Execute Contract C3-3 (4 ) C3-3. 10 Beginning Work C3-3 (4 ) C3-3. 11 Insurance C3-3 (4 ) C3-3. 12 Contractor' s Obligations C3-3 (7) C3-3. 13 Weekly Payroll C3-3 (7) C3-3. 14 Contractor' s Contract Administration C3-3 (7) P" C3-3. 15 Venue C3-3 (8) C4-4 SCOPE OF WORK as C4-4 . 1 Intent of Contract Documents C4-4 (1) C4-4 . 2 Special Provisions C4-4 (1) C4-4 . 3 Increased or Decreased Quantities C4-4 (1) C4-4 . 4 Alteration of Contract Documents C4-4 (2) C4-4 . 5 Extra Work C4-4 (2) C4-4 . 6 Schedule of Operations C4-4 (4) C4-4 .7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5 . 1 Authority of Engineer C5-5 (1) C5-5 .2 Conformity with Plans C5-5 (1) C5-5. 3 Coordination of Contract Documents C5-5 (2) C5-5. 4 Cooperation of Contractor C5-5 (2) C5-5. 5 Emergency and/or Rectification Work C5-5 (3) C5-5. 6 Field Office C5-5 (3) C5-5. 7 Construction Stakes C5-5 (3) C5-5. 8 Authority and Duties of Inspectors C5-5 (4) .. 2 - r C5-5. 9 Inspection C5-5 (5) Aft C5-5. 10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5. 11 Substitute Materials or Equipment C5-5 (6) C5-5. 12 Samples and Tests of Materials C5-5 (6) C5-5. 13 Storage of Materials C5-5 (7) C5-5. 14 Existing Structures and Utilities C5-5 (7) C5-5. 15 Interruption of Service C5-5 (8) C5-5. 16 Mutual Responsibility of Contractors C5-5 (9) C5-5. 17 Cleanup C5-5 (9) C5-5. 18 Final Inspection C5-5 (9) C6-6 LEGAL RELATIONS AND PUBLIC " RESPONSIBILITY C6-6. 1 Laws to be Observed C6-6 (1) C6-6. 2 Permits and Licenses C6-6 (-1) C6-6. 3 Patented Devices; Materials and Processes C6-6 (1) C6-6. 4 Sanitary Provisions C6-6 (2) y` C6-6. 5 Public Safety and Convenience C6-6 (2) C6-6. 6 Privileges of Contractor in Streets, Alleys, and Rights-of-Way C6-6 (3) C6-6. 7 Railway Crossings C6-6 (4) C6-6. 8 Barricades, Warnings and Watchmen C6-6 (4) C6-6. 9 Use of Explosives, Drop Weight, etc. C6-6 (6) C6-6. 10 Work Within Easements C6-6 (6) C6-6. 11 Independent Contractor C6-6 (8) C6-6. 12 Contractor' s Responsibility for Damage Claims C6-6 (9) C6-6. 13 Contractor' s Claim for Damages C6-6 (9) C6-6. 14 Adjustment or Relocation of Public ` Utilities, etc. C6-6 (10) C6-6. 15 Temporary Sewer Drain Connections C6-6 (10) C6-6. 16 Arrangement and Charges of Water Furnished by City C6-6 (10) C6-6. 17 Use of a Section or Portion of the Work C6-6 (11) C6-6. 18 Contractor' s Responsibility for Work C6-6 (11) ` C6-6. 19 No Waiver of Legal Rights C6-6 (11) C6-6. 20 Personal Liability of Public Officials C6-6 (12) C6-6. 21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7 . 1 Subletting C7-7 (1) C7-7. 2 Assignment of Contract C7-7 (1) C7-7 . 3 Prosecution of the Work C7-7 (1) C7-7. 4 Limitations of Operations C7-7 (2) C7-7 . 5 Character of Workmen and Equipment C7-7 (2) 3 - _ C7-7 . 6 Work Schedule C7-7 (3) C7-7. 7 Time of Commencement and Completion C7-7 (4) C7-7 . 8 Extension of Time of Completion C7-7 (4) C7-7 . 9 Delays C7-7 (5) C7-7 . 10 Time of Completion C7-7 (5) C7-7 . 11 Suspension by Court Order C7-7 (6) C7-7 . 12 Temporary Suspension C7-7 (6) C7-7 . 13 Termination of Contract Due to National r" Emergency C7-7 (7) C7-7. 14 Suspension or Abandonment of the Work and Annulment of Contract C7-7 (8) "' C7-7 . 15 Fulfillment of Contract C7-7 (10) C7-7 . 16 Termination for Convenience of the Owner C7-7 (10) C7-7 . 17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8 . 1 Measurement of Quantities C8-8 (1) C8-8 . 2 Unit Prices C8-8 (1) 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 (5) C8-8 . 11 Subsidiary Work C8-8 (5) C8-8 . 12 Miscellaneous Placement of Material C8-8 (5) C8-8 . 13 Record Documents C8-8 (5) as as 4 ' PART C - GENERAL CONDITIONS -+ C1-1 DEFINTIONS SECTION C1-1 DEFINITIONS C1-1. 1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1. 2 CONTRACT DOCUMENTS : The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc. , which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items : PART A - NOTICE TO BIDDERS (sample) White .. PART B - PROPOSAL (sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Goldenrod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items : PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS a PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS C1-1 (1) on .. PART G - CONTRACT PART H - PLANS (Usually bound separately) Pft C1-1. 3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished „k directly to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice to Bidders . PA C1-1 . 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1. 5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1. 6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. .. C1-1. 7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project sir 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 r. 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 are that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, .. workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to rn C1-1 (2) ■. standard specifications, regulations, requirements, statutes, etc. , such referred to documents shall become a part of the Contract Documents just as thought they were embodied therein. C1-1. 9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and 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. 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1 . 11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner' s representative showing in detail the location, dimension and position of the various elements of •� the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1. 13 CITY COUNCIL: The duly elected and qualified governing .. body of the City of Fort Worth, Texas . C1-1. 14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C14 (3) C1-1 . 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. rr C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1. 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1. 18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents . C1-1. 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1. 20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm corporation, or others under contract with the .. principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1. 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and �. satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. r. 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. .. ra C1-1(4) "� .� C1-1 . 23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of -� the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7 : 00 a.m. and 6: 00 p.m. , with exceptions as permitted in paragraph C7-7 . 6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or •. month, no days being excepted. C1-1.25 LEGAL HOLIDAYS : Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1 . New Year' s Day January 1 2 . M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4 . Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November •• 7 . Thanksgiving Friday Fourth Friday in November 8 . Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine. When one of the above named holidays or a special holiday declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday by those .. employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1. 26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning y` shall be as follows: AASHTO - American Association of State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute C1-1(5) am Asph. - Asphalt Ave. - Avenue Blvd. - Boulevard CI - Cast Iron CL - Center Line GI - Galvanized Iron Lin. - Linear or Lineal lb. - Pound MH - Manhole Max. - Maximum MGD - Million Gallons per Day CFS - Cubic Foot per Second Min. - Minimum Mono. - Monolithic r• - Percentum R - Radius I. D. - Inside Diameter O. D. - Outside Diameter Elev. - Elevation F - Fahrenheit C - Centigrade In. - Inch Ft. - Foot St. - Street CY - Cubic Yard Yd. - Yard SY - Square Yard L. F. - Linear Foot D. I . - Ductile Iron .� C1-1. 27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 250 of the amount of the particular item or items in the i.. original proposal. All "Change Orders" shall be prepared by the City from .. information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall .� be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: +.a C1-1 (6) Oft pow 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4 . Concrete, with or without separate base material . 5. Any combination of the above. .. C1-1 . 29 UNPAVED STREETS OR ALLEYS : An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. " C1-1. 30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1. 31 ROADWAY: The roadway is defined as the area between parallel lines two (2' ) feet back of the curb lines or four (4' ) feet back of the average edge of pavement where no curb exists. C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street to which has been 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. Cl-1 (7) )XIAM (UMM SECTION C—GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL r.� SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal forms which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder' s "Experience Record, " "Equipment Schedule, " and "Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one (1) year old. In the case that a bidding �. date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the .ft estimated project cost will be required. For an experience record to be considered to be acceptable for a as given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be �r received. Such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project +� on which he submits a bid. as C2-2(1) C2-2.2 INTERPRETATION OF QUANTITIES: 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 i approximate only and will be used for the purpose of comparing bids on a uniform basis . Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter ' provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents . C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with 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. Prior to the filing of proposal, bidders are required to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary, to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal in prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. C2-2(2) Am am The logs of Soil Borings, if any, showing on the plans are for w., general information only and may not be correct. Neither the Owner nor the Engineer guarantees 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 ,s to do the work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. r.. If a proposal is submitted by an individual, his or her name must be signed by his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, .. the name and address of each member must be given, and the proposal must be signed by a member of the firm association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal �.. must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. •• C2-2 . 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not : called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalanced values of any items. Proposals tendered or �• delivered after the official time designated for receipt of proposals shall be returned to the Bidder unopened. C2-2 . 6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the +� "Proposal. " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within +� the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the .a C2-2(3) three lowest bidders will be retained until the contract is *� awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2. 7 DELIVERY OF PROPOSALS: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders. " It is the Bidder' s sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name of description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 . 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals �- for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders. " All proposals which have been opened and read will remain on file with the owner until C2-2(4) the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of ,. bids . C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an 0M irregularity which cannot be waived. C2-2 . 12 DISQUALIFICATION OF BIDDERS: Bidders may be pa disqualified and their proposals not considered for any of, but not limited to, the following reasons: 04 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. .r f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. �. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1 . Financial Statement showing the financial condition of the bidder as specified in Part "A" : - Special Instructions. 2 . A current experience record showing especially the projects of a nature similar to the one under •� consideration, which have been successfully completed by the Bidder. C2-2(5) 3. An equipment schedule showing the egl.iipment the �- bidder has available for use on the project . The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. i r a P* PART C-GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS rr SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been JW 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 Oft of brining items to a common basis as may be established in the Contract Documents. re 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 rs with the work in any manner as may be considered for the best interest of the Owner. ,M C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual .m work performed by a Minority Business Enterprise (MBE) an/or a Woman-Owned Business Enterprise (WBE) on the contract and the payment therefore. Contractor further agrees, upon request by +■ Owner, to allow an audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner' s discretion for bidding on future contracts with the Owner for a period of time of not less than six (6) months. C3-3. 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with current City Ordinance prohibiting discrimination in employment practices . The Contractor shall post the required s C3-3 (1) notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate " notices may be acquired from the Equal Employment Officer. C3-3. 4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty- five (45) days after the date on which the proposals were opened. C3-3. 5 AWARD OF CONTRACT: The Owner reserves the right to 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 an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the .. Owner has notified the Contractor in writing of such award. C3-3. 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-.3. 7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal and 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 CM (2) aw r b. or the 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. C. 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 r, proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8 . 10 . �. d. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in .� Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these �. specifications. Payment Bond shall remain in force until all payments as above stipulated are made. +r e. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. �. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bands or which are interested in a* any, litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort -� Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U. S. Treasury list of acceptable sureties, and the *� amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury List for that company. Each bond shall be properly executed by both the Contractor and r the Surety Company. C3-3(3) Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. -� C3-3. 8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents . -- C3-3. 9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded s shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it •. being impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said awardee' s failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3. 10 BEGINNING WORK: The Contractor shall not commence work ^ until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually •^* termed the "Work Order" or "Proceed Order", it is agreed that the surety Company will, within ten 910) days after the commencement date set forth in such written authorization, commence the physical execution of the contract . C3-3. 11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be C3-3(4) responsible for delivering to the Owner the sub-contractor' s certificate of insurance for approval. The prime contractor oft shall indicate of the certificate of insurance included in the documents for execution whether or not his insurance covers sub- contractors . It is the intention of the Owner that the ,. insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project . under this contract is not protected under the Workers' compensation Statute, the Contractor shall provide adequate employer' s general liability r insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The �. Contractor shall procure and shall maintain during the life of this contract Contractor' s Comprehensive General Liability Insurance (Public Liability and rs Property Damage Insurance) in an amount not less than $500, 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500, 000 covering each occurrence on account of property damage with $2, 000, 000 umbrella policy coverage. '. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, �+ and in the amount as set forth for public liability and property damage, the following insurance: s+� 1. Contingent Liability (covers General Contractor' s Liability for acts of sub-contractors) . 2 . Blasting, prior to any blasting being done. r•� 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same) . *k 4 . Damage to underground utilities for $500, 000 . 5. Builder' s risk (where above-ground structures are involved) . +� 6. Contractual Liability (covers all indemnification requirements of Contract) . is C3-3(5) d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250, 000 for injuries including accidental death to any one person and subject to the same limit for •�• each person an amount not less than $500, 000 on account of one accident, and automobile property damage insurance in an amount not less than $100, 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub- contractors, respectively, against damage claims which may arise from operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. �- (Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub-contractor, should the Prime Contractor' s insurance not cover the sub-contractor' s work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor' s -* insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth, Tarrant County, Texas . Each such agent shall be a duly qualified agent, one upon whom .service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or CM (6) MW we any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has ... been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex (the Fort Worth-Dallas �. area. ) The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3. 12 CONTRACTOR' S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when +• due. C3-3. 13 WEEKLY PAYROLL: A certified copy of each payroll •. covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner' s representative within seven (7) days after the close of •W each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all rs times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3. 14 CONTRACTOR' S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm association, corporation or other who is approved to do business with and enters into a contract with the City for construction a. of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, s+r delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other matter associated such as maintaining adequate and " appropriate insurance or security coverage for the project. ra C3-3(7) Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. - Should the Contractor' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, appropriately signed and sealed, as applicable, by the Contractor' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor' s administration, whether oriented in furthering the work, or other, are governed directly by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor' s local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is ~e assigned. No credit of working time will be for periods in which work stoppages are in effect fort his reason. C3-3 . 15 VENUE: Venue of any action herein shall be exclusively in Tarrant County, Texas . C3-3(8) ar PART C—GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra of 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, ,r machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. �s 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 �a anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "special Provisions: covering all such work will be prepared by the Owner M. previous to the time of receiving bids or proposal for such work and furnished to the bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. a C 4-4 . 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 if found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 OK 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 s furnished by 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 ra C4-4(1) n. determined by special agreement or as hereinafter provided for "Extra Work. " No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents . C4-4 . 5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall MW be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The C4-4(2) wr d. fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1) , (2) , (3) , and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and roc shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor �•• to involve Extra Work for which he should receive compensation, he shall make written request to the engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work or as to the payment thereof, and the Engineer ais insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost M• thereof as provided under method (Item C) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "extra work" whether or not 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. +� �a C4-4(3) C4-4 . 6 SCHEDULE OF OPERATIONS: Before commencing any work under - this contract, the Contractor shall submit to the Owner and receive the Owner' s approval thereof, a "Schedule of Operations, " showing by a straight line method the date of �- commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8 11 " X 11" sheets and at least five black of blue line prints shall be furnished to the Owner. C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within Ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a -- time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the contractor shall review the draft schedule with the Engineer to ensure the Contractor' s understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. C4-4(4) b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50, 000 . Fabrication, delivery and submittal activities are exceptions to this guideline. C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. .� Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall, as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days' duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre-acceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2 . Submittal review periods. s 3. Shop fabrication and delivery. r 4 . Erection or installation. C44(5) ••` 5 . Transmittal of manufacturer' s operation and maintenance instructions . 6. Installed equipment and materials testing. 7 . Owner' s operator instruction (if applicable) . .. 8 . Final inspection. 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in " scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. .a C4-4(6) rr i PART C-GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5 . 1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor' s means, methods, techniques, sequences of procedures of construction, or the safety precaution and programs incident thereto, and he will not MW be responsible for Contractor' s failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor ar over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and �► Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS : The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation +� from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. +■► C5-5(1) " C5-5. 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete " ^ and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal . The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents, which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5. 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The 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 work. Such assistant project superintendent shall be a resident of C5-5(2) rf 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 travelling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the �. workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a , calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the s Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor . written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the contractor to take remedial action to .- correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 s hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 250, from any funds due the Contractor on the project. C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, s well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and C5-5 (3) s measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking a may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of +r construction operations to avoid delay. Such stakes or markings, as may be established for the Contractor' s use or guidance, shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment ... due the Contractor. C5-5. 8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors .. will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer the progress of the work and the manner in which it is being performed, any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the .. attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to, and be decided by, the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The C5-5(4) Contractor shall regard and obey the directions and instruction of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5. 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 r, requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents . Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor' s expense. No work shall be done or materials used without suitable supervision or inspection. C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. . Work so done may be ordered removed at the Contractor' s expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be • » deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. .. C5-5(5) M. C5-5. 11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if contractor wishes to furnish or use a proposed substitute, he shall, prior to the pre-construction conference, make written application to Engineer for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed substitute from " that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor' s expense. Contractor shall indemnify and hold harmless Owner and engineer and anyone directly or indirectly "' employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5. 12 SAMPLES AND TESTS OR MATERIALS : Where, in the opinion of the Engineer, or as called for in the Contract Documents, dW tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of ® the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish .. adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the C5-5(6) mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples - from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. /. C5-5 . 13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored to insure the +• preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. «. C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are : based on the best information available. Omission from or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, r• existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc. , is unknown to the Owner, and the Owner assumes +� no responsibility for failure to show any or all such structures and utilities on the Plans or to show them in their exact location. It is mutually agreed that such failure will not be +�+► considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor' s responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, " structures and service lines. Verification of existing utilities, structures and service lines shall include +t C5-5(7) notification of all utility companies at least forty-eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5. 15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal 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 of location, time, and schedule of service interruption. �^- 2 . Notify each customer personally through responsible personnel of time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer' s entrance doorknob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" ^ Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. ;IA '�CO29 C5-5(8) -ONTH, Va. Pik C5-5. 16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts . or neglect on the part of the contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or �. sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. a C5-5. 17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping _ with a daily routine established to the satisfaction of the Engineer. If, within twenty-four (24) hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems ,. appropriate to correct the clean-up deficiencies cited to the contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies �. due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, ..«. temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5. 18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and �► request that the final inspection be made. Such inspection will be made within 10 days after such notification. After such C5-5(9) final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made �* against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. A" .r 4M IM .. C5-5(10) ,: PART C-GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY rr SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6. 1 LAWS TO BE OBSERVED: The Contractor shall at all times i. observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with : all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or r► ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims ,. or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees . .. C6-6. 2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give .. all notices necessary and incident to the due and lawful prosecution of the work. C6-6. 3 PATENTED DEVICES, MATERIALS AND PROCESSES : If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the 4W contract prices shall include all royalties or costs arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify, and +� save harmless, the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits a brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material C6-6(1) M or equipment specified in the Contract Documents furnished the " Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6. 4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to AM prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept 40 in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6. 5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment "^ stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to " be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to reorder reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. C6-6(2) ow The materials excavated and the construction materials, such as i pipe, used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor in reference to public convenience and safety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, ao the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to became due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any. street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, 4. streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6. 6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT- OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of- r way as provided for in the ordinances of the City, as shown, in the Contract Documents, or as may be specifically authorized in C6-6(3) i" writing by the Engineer. A reasonable amount of tools, •� materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations . Excavated and waste materials shall be piled or stacked in such a way that does not interfere with the use of spaces that may be designated to be left free and unobstructed, or inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company regarding the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five �• days prior to the time of his intention to begin work on that portion of the project which is related to the railway properties . The Contractor will not be given extra or w- additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6. 8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall, at his own expense, furnish, erect, and -° maintain such barricades, fences,. lights and danger signals, and shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. C6-6(4) All installations and procedures shall be consistent with the ,. provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways", issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d, Vernon' s Civil Statutes, pertinent sections 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 870-8075) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the = requirements of the above referenced manual, and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it 4W 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 oft permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work, the Engineer may order the damaged At portion immediately removed and replaced by the Contractor at the Contractor' s own expense. The Contractor' s responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. 1r No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary +� for the proper protection, safety, and convenience of the public C6-6(5) dab . 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 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 (24) hours in advance of the use of any activity which might damage or endanger property along or adjacent to the work. Where the use of explosives is to be permitted on the project as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four (24) hours prior to commencing and shall furnish evidence that he has insurance �- coverage to protect against any damages and/or injuries arising out of such use of explosives. .. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor' s insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The city shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly = marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. ®' C6-6. 10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such C6-6(6) additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing of the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor, and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall ciear all rights-of-way or easements of obstructions, which must on be removed to make possible proper prosecution of the work as a part of the project construction operations . The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing and all other types of structures or improvements, and to all water, sewer and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. r- The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands M which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility -- companies or any corporation, company, individual, or other, either as owners or occupants whose land or interest in land might be affected by the work. The Contractor shall be �- responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material or equipment. When and where any direct or indirect damage or injury is done �* to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and a.. the Engineer. C6-6(7) -r All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut.. Should additional - fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal . Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such -- property to make rood 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, rebuilt 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 or to become due to the Contractor under this Contract. C6-6. 11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees invitees. The doctrine of respondent 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(8) C6-6. 12 CONTRACTOR' S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify City' s engineer and architect, and their personnel at the project site for Contractor' s sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, r• 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, r� 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 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 injury or damage is �- caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants ar E�2oyees. a 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) .r 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. C6-6. 13 CONTRACTOR' S CLAIM FOR DAMAGES: Should the Contractor � claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged C6-6(9) 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 herein 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 thereupoi: have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6. 15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers . The Contractor shall also take care of all sewage and drainage, which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6. 16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory ` arrangements with the Fort Worth City Water Department for so doing. C6-6(10) City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor' s responsibility in the use of all existing fire hydrants and/or valves is detailed in Section E2-1. 2 USE OF FIRE MM HYDRANTS AND VALVES in these General Contract Documents . When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. s C6-6. 17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into ,.► use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the t provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be preformed by the Contractor at his own expense. C6-6. 18 CONTRACTOR' S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the �- Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution of non-execution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work .. occasioned by any of the causes herein. C6-6. 19 NO WAIVER OF LEGAL RIGHTS: Inspection by the engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of .� any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. C6-6(11) The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6. 21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20. 04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, •� said exemption certificate to comply with State Comptroller' s Ruling . 007 . Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall .� comply with the provisions of State Comptroller' s Ruling . 011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20. 04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6(12) PART C-GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS . C7-7 . 1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his . .. immediate superintendence, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under .� these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements regarding character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a .., superintendent, or other designated representative. C7-7 . 2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, �.. transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by A* resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, •- transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be ►- revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue �. of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. *- C7-7 . 3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a C7-7(1) brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of MW estimated amounts to be earned by the Contractor during each monthly estimate period. MM The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from 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 the full responsibility of the complete performance of the Contract. .. The contract time may be changed only as set forth in Section C7-7 . 8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time . C7-7 . 4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or -- closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the ++ section. on which operations are in progress before the work is commenced on any additional section or street. C7-7 . 5 CHARACTER OR WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such .� superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the s C7-7(2) r■ summary dismissal of any person or persons employed by the Contractor in 'or about or on the work who, in the opinion of the .s Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or ., their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of �. the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties . The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the ,. work, workmen or adjacent property will result from its use. C7-7. 6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1- 1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or -•r Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the Thursday preceding. - b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer' s decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or C7-7(3) i Legal Holiday, and no extra compensation shall be allowed to the -� Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1. 24 and the Contractor may work as he so desires . C7-7 . 7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7 . 8 EXTENSION OF TIME COMPLETION: The Contractor' s request for an extension of time of completion shall be considered only �• when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. T In adjusting the contract time for completion of work, consideration will be given to unforeseeable causes beyond the control of and without the fault or negligence of the ^ Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub- contractors due to such causes. When the date of completion is based on a calendar day bid, a "~ request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor' s purchase order dates and other pertinent data as requested by the Engineer indicates that the contractor has made a bona fide 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. �. C7-7(4) If satisfactory execution and completion of the contract should .- require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. . C7-7 . 9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra �. compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an .. equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the .. surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7 . 10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the .. successful bidder or the City will become the time of :completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following C7-7(5) schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT LIQUIDATED DAMAGES Less than $5, 000 $35. 00 $5, 001 to 15, 000 45. 00 5., 001 to 25, 000 63 . 00 25, 001 to 50, 000 105 . 00 50, 001 to 100, 000 154 . 00 100, 001 to 500, 000 210 . 00 500, 001 to 1, 000, 000 315. 00 1, 000, 001 to 2, 000, 000 420 . 00 -� 2, 000, 001 and over 630 . 00 The parties hereto understand and agree that any harm to the City caused by the Contractor' s delay in completing the work hereunder in the time specified by the Contract Documents would be impossible or very difficult to accurately estimate, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7 . 11 SUSPENSION BY COURT ORDER: The Contractor shall suspend * operations on such part or parts of the work ordered by any T Court, and will not be entitled to additional compensation by 4 virtue of such Court Order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7 . 12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or ^ periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered .by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews . MOND IEiI� G� PART C - GENERAL CONDITIONS C1-1 DEFINTIONS SECTION C1-1 DEFINITIONS C1-1. 1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are �. used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc. , which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: .^ PART A - NOTICE TO BIDDERS (sample) White PART B - PROPOSAL (sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Goldenrod E2A-White .f PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White - b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above- PART bovePART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS C1-1 (1) PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1. 3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished directly to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice r. to Bidders . C1-1. 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is ^ officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1. 5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for - performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1. 6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1. 7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the contract Documents and not specifically covered in the General Conditions . When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1 . 8 SPECIFICATIONS: The Specifications are that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project . Whenever reference is made to CI-I (2) .. so standard specifications, regulations, requirements, statutes, etc. , such referred to documents shall become a part of the ^, Contract Documents just as thought they were embodied therein. C1-1. 9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and 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 . 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project .. to be completed under the Contract Documents. C1-1. 11 PLANS: The plans are the drawings or reproductions .. therefrom made by the Owner' s representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work ,. hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they ,■. were bound therein. C1-1 . 12 CITY: The City of Fort Worth, Texas, a municipal .. corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform .. specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. .. C1-1 . 13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. 7• C1-1. 14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. .. C1-1 (3) C1-1. 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1. 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. " C1-1 . 18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1 . 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1. 20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1 .21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1 (4) C1-1.23 WORKING DAY: A working day is defined as a calendar ,s,s day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7 : 00 a.m. and 6: 00 p.m. , with exceptions as permitted in paragraph C7-7 . 6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1 . New Year' s Day January 1 .. 2 . M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4 . Independence Day July 4 .. 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7 . Thanksgiving Friday Fourth Friday in November 8 . Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine. When one of the above named holidays or a special holiday declared by the City Council, falls on Saturday, the holiday .. shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday by those employees working on working day operations . Employees working .. calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: • AASHTO - American Association of State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With AWWA - American Water Works Association .• ASA - American Standards Association HI - Hydraulic Institute C1-1 (5) Asph. - Asphalt Ave. - Avenue Blvd. - Boulevard CI - Cast Iron CL - Center Line GI - Galvanized Iron Lin. - Linear or Lineal lb. - Pound MH - Manhole Max. - Maximum MGD - Million Gallons per Day CFS - Cubic Foot per Second Min. - Minimum Mono. - Monolithic % - Percentum R - Radius I. D. - Inside Diameter O. D. - Outside Diameter Elev. - Elevation F - Fahrenheit C - Centigrade In. - Inch Ft. - Foot St. - Street CY - Cubic Yard Yd. - Yard SY - Square Yard L. F. - Linear Foot D. I. - Ductile Iron C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: CI-1 (6) r 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4 . Concrete, with or without separate base material. 5. Any combination of the above. C1-1 .29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. " C1-1 . 30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1 . 31 ROADWAY: The roadway is defined as the area between parallel lines two (2' ) feet back of the curb lines or four (4' ) feet back of the average edge of pavement where no curb exists. C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street to which has been 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. Cl-1 (7) .. SECTION C-GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL 4 C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal forms which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder' s "Experience Record, " "Equipment Schedule, " and `Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (100) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and MM magnitude as that of the project for which bids are to be received. Such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2(1) C2-2 .2 INTERPRETATION OF QUANTITIES: 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. 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. Prior to the filing of proposal, bidders are required to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, �- to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary, to gain a complete knowledge of the conditions which .. will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work .. or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the .. Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed .. that the submission of a proposal in prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to .. variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. .. C2-2(2) The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantees that the data shown is representative of conditions which actually exist. C2-2 . 4 SUBMITTING OF PROPOSAL: The bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalanced values of any items. Proposals tendered or delivered after the official time designated for receipt of proposals shall be returned to the Bidder unopened. C2-2 . 6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal. " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of .s a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the C2-2(3) a. .n three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security a• of all other bidders may be returned promptly after the canvass of bids. on C2-2. 7 DELIVERY OF PROPOSALS: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders. " It is the Bidder' s sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name of description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. ,. C2-2. 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City manager, and filed with him prior to the time set for the opening of Ps proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed .. may, at the option of the Owner, be returned unopened. C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening praposals, provided such telegraphic communication is received by the City Manager prior r• 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 a• 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, a. no further consideration will be given to the proposal. C2-2. 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been s 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 a. C2-2(4) dM the contract has been awarded. Bidders or their authorized " representatives are invited to be present for the opening of bids. C2-2. 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the " City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2 . 12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following 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 the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2 . A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. s C2-2(5) 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. Mft oft PQ a. C2-2(6) PART C-GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS ® C3-3. 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of brining 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 may be considered for the best interest of the Owner. Ak C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) an/or a Woman-Owned Business Enterprise (WBE) on the contract and the payment therefore. Contractor further agrees, upon request by Owner, to allow an audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner' s discretion for bidding on future contracts with the Owner for a period of time of not less than six (6) months. C3-3. 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required C3-3(1) ON PS notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth' s Equal ,.. Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3. 4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty- five (45) days after the date on which the proposals were opened. C3-3. 5 AWARD OF CONTRACT: The Owner reserves the right to 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 an award is made, will be to the lowest and best responsible bidder. �. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3. 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner �. may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, r� usually those of the three lowest bidders, will be retained by the owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after +� which they will be returned by the City Secretary. C3-3. 7 BONDS: With the execution and delivery of the Contract .. Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal .. and 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 C3-3(2) b. or the 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. C. 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. d. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for ` in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. e. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. `treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury List for that company. Each bond shall be properly executed by both the Contractor and the Surety Company. r C3-3(3) ON on Should any surety on the contract be determined unsatisfactory ow at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under ,m the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid ^, until approval of the bonds by the Owner. C3-3. 8 EXECUTION OF CONTRACT: Within ten (10) days after the on Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract on Documents. C3-3. 9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee an to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said awardee' s failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall ,. be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. .. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. .. C3-3. 10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the .. Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that .. the surety Company will, within ten 910) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. .• C3-3. 11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required +� under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be C3-3(4) responsible for delivering to the Owner the sub-contractor' s certificate of insurance for approval. The prime contractor shall indicate of the certificate of insurance included in the documents for execution whether or not his insurance covers sub- contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' compensation Statute, the Contractor shall provide adequate employer' s general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor' s Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500, 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500, 000 covering each occurrence on account of property damage with $2, 000, 000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor' s Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed .. adjacent to same) . 4 . Damage to underground utilities for $500, 000. 5. Builder' s risk (where above-ground structures are involved) . 6. Contractual Liability (covers all indemnification requirements of Contract) . C3-3 (5) d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY a• DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less a than $250, 000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500, 000 on account of one accident, and automobile property damage insurance in an amount not less than $100, 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance r. required under the above paragraphs shall provide adequate protection for the Contractor and his sub- contractors, respectively, against damage claims which may arise from operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards .. which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage .. by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub-contractor, should the Prime Contractor' s insurance not cover the sub-contractor' s work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor' s insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified agent, one upon whom service of process may be had, and must have authority and power to act on ,. behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or ra C3-3 (6) �" i any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer �` residing in the Metroplex (the Fort Worth-Dallas area. ) The name of the agent or agents shall be set forth on all of such bonds and certificates of i insurance. C3-3. 12 CONTRACTOR' S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3. 13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner' s representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept i posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3. 14 CONTRACTOR' S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. C3-3(7) Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, �. appropriately signed and sealed, as applicable, by the Contractor' s responsible officers with the understanding that this written assignment of authority to a local representative a. shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor' s administration, whether oriented in furthering the work, or other, are governed directly by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor' s local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect fort his reason. C3-3. 15 VENUE: Venue of any action herein shall be exclusively in Tarrant County, Texas. s �a a.� CM(8) �` PART C-GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra of special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4 .2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "special Provisions: covering all such work will be prepared by the Owner previous to the time of receiving bids or proposal for such work and furnished to the bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C 4-4 . 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 if found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices . Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by 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 considera 1FFI '!R111 � CIS 6"KE'R Ry FT. .;.: �QQIIIl�� pRM C44(1) Fa. ` UG:UW� M. a■ ■r determined by special agreement or as hereinafter provided for "Extra Work. " No allowance will be made for any changes in AM anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. a,. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the r• overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general .. nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4 . 5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or �r for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract -- Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for : payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. r� C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America. current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and .. social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 100 of the actual cost of such extra work. The fixed fee is not to include +r any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The a. C4-4(2) d. fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1) , (2) , (3) , and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or " instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls ' covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "extra work" whether or not 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(3) rr C4-4 . 6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and r� 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 the percentage of completion plotted vertically. The progress charts shall be prepared on 8 '-i� " X .. 11" sheets and at least five black of blue line prints shall be furnished to the Owner. r. C4-4 .7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within Ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the n. Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor -- shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as +■► directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications . Prior to the final drafting of the detailed construction schedule, the contractor shall review the draft schedule with the Engineer to ensure the Contractor' s understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. as a. C4-4(4) b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50, 000. Fabrication, delivery and submittal activities are exceptions to this guideline. C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall, as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days' duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by .. activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre-acceptance activities and events in their logical sequence for equipment and materials. 1 . Preparation and transmittal of submittals. 2. Submittal review periods. s 3. Shop fabrication and delivery. 4 . Erection or installation. s C4-4(5) IM an 5. Transmittal of manufacturer' s operation and maintenance 0" instructions. 6. Installed equipment and materials testing. aft 7 . Owner' s operator instruction (if applicable) . s.. 8 . Final inspection. 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. r Failure of the Contractor to comply with these .requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such .. diligence as will insure its completion within the time specified. s s s i C4-4(6) P+ PART C-GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS jW C5-5. 1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract j" Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor' s means, methods, techniques, sequences of procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor' s failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. " In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of M` the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5(1) aw C5-5. 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract �a Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, r. special conditions shall govern over general conditions and standard specifications, and quantities shown on the pians shall govern over those shown in the proposal. The Contractor shall �.► not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary f. for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the �. attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents, which were not reported prior to the award of .. Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. a. C5-5. 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set As 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. a. The Contractor shall at all times have competent personnel available to the project site for proper performance of the r� 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 ow 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 oft 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 a"' superintendent, to act as the contractor' s agent on the work. Such assistant project superintendent shall be a resident of an p• C5-5(2) 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 travelling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5. 5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the contra.ctor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5. 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. C5-5. 7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and C5-5(3) ON on measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and ON lines, grades and measurements will be established by means of stakes or other customary method of marking a may be found consistent with good practice. AM These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or m markings, as may be established for the Contractor' s use or guidance, shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. X* C5-5. 8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and ,s all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City �. Inspector may be stationed on the work to report to the Engineer the progress of the work and the manner in which it is being performed, any evidence that the materials being furnished or s the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other ,. infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. .. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to, and be decided by, the Engineer. The City Inspector will not, however, be authorized •• to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to +• the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of rr the work. He will not accept from the Contractor any compensation in any form for performing any duties. The C5-5(4) Contractor shall regard and obey the directions and instruction of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5. 9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor' s expense. No work shall be done or materials used without suitable �. supervision or inspection. C5-5. 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor' s expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5(5) C5-5. 11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the .� Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if contractor wishes to furnish or use a proposed substitute, he shall, prior to the pre-construction conference, make written application to Engineer for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use .. and capable of performing the same function as that specified; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the r. proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor' s expense. Contractor shall indemnify and hold harmless Owner and engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, �•. losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. a. C5-5. 12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall in no �+ way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless •~ otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials *` represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the an C5-5(6) mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials . C5-5. 13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5. 14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc. , is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the Plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor' s responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance .. of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include C5-5(7) notification of all utility companies at least forty-eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. �.r 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: o 1. Notify the Water Department' s Distribution Division of location, time, and schedule of O, service interruption. 2 . Notify each customer personally through responsible personnel of time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer' s entrance doorknob. The tag shall be durable in composition, and in large bold type shall say: a• "NOTICE" Due to Utility Improvement in your neighborhood, ,.► your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank you, r Contractor i.a Address Phone b. Emergency: In the event that an unforeseen service r• interruption occurs, notice shall be as above, but immediate. CS-5(8) OW C5-5. 16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5. 17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. If, within twenty-four (24) hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. ` C5-5. 18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that the final inspection be made. Such inspection will be made within 10 days after such notification. After such C5-5(9) Ok n. final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. tr a. r+ C5-5(l0) PART C-GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6. 1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment . No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6. 3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or costs arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify, and save harmless, the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material C6-6(1) I* or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits . C6-6. 4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6. 5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during low actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of �. providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Other means may include the diversion of driveway traffic, with r specific approval by the Engineer. If diversion of traffic is approved by the Engineer, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not r be obstructed except by special permission of the Engineer. C6-6(2) r The materials excavated and the construction materials, such as pipe, used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor in reference to public convenience and safety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6. 6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT- OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of- way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in C6-6(3) Vft *• writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way that does not interfere with the use of spaces that may be designated to be left free and unobstructed, or inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the goo contract, enter upon the work and premises used by the assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and �. instructions of the railway company regarding the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intention to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6. 8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is .� carried on in or adjacent to any street, alley, or public place, the Contractor shall, at his own expense, furnish, erect, and maintain such barricades, fences, lights and danger signals, and shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A +• sufficient number of barricades shall be erected and maintained to keep pedestrians away, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. a� C6-6(4) " All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways", issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d, Vernon' s Civil Statutes, pertinent sections 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 870-8075) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual, and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor' s own expense. The Contractor' s responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work .. and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public C6-6(5) ,. during the contract period, as this work is consiclered 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 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 (24) hours in advance of the use of any activity which might damage or endanger property along or adjacent to the work. Where the use of explosives is to be permitted on the project as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four (24) hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising is out of such use of explosives. All claims arising out of the use of explosives shall be .W investigated and a written report made by the Contractor' s insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the �. City or the claimant. The city shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6. 10 WORK WITHIN EASEMENTS: Where the work passes over, •� through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional s� rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such C6-6(6) additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing of the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor, and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions, which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing and all other types of structures or improvements, and to all water, sewer and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants whose land or interest in land ®' might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material or equipment. When and where any direct or indirect damage or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that " existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. 91w� � CWN gyp, ?_ TEX, C6-6(7) � r i+ All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross r, braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. .f 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. a0 In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon Tr 48-hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuilt 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 or to become due to the Contractor under this Contract. C6-6. 11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that contractor shall perform all work and as services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to M control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees invitees. The doctrine of respondent 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. o.► a or C6-6(8) C6-6. 12 CONTRACTOR' S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify City' s engineer and architect, and their personnel at the project site for Contractor' s sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the 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, Py 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 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 egployees. 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. C6-6. 13 CONTRACTOR' S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the 'M actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month as succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged C6-6(9) 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 herein required, the Contractor' s claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6. 14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall ,. not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. .. C6-6. 15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage, which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the ar 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 dw 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 ter be adequately protected. C6-6. 16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. a. C6-6(10) �r City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor' s responsibility in the use of all existing fire hydrants and/or valves is detailed in Section E2-1 . 2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates . When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6. 17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to '! defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be preformed by the Contractor at his own expense. C6-6. 18 CONTRACTOR' S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution of non-execution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the causes herein. C6-6. 19 NO WAIVER OF LEGAL RIGHTS: Inspection by the engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. C6-6(11) The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20 . 04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment *r used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller' s Ruling . 007 . Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller' s Ruling . 011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20. 04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can ar probably be exempted in the same manner stated above. Limited Sale, Excise and Use Tax permits and information can be •• obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX n.f C6-6(12) PART C-GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS C7-7 . 1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendence, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen 'of the Contractor and " shall be subject to the same requirements regarding character and competency. The Owner will not recognize any subcontractor on the work. The * Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent, or other designated representative. C7-7 . 2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to ' dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7 . 3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a C7-7.(I) brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary ,! to insure its completion within the time limit. 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 the full responsibility of the ,,M 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. ,W C7-7 . 4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor to create a minimum �. amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or ,* public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is — commenced on any additional section or street. C7-7 . 5 CHARACTER OR WORKMEN AND EQUIPMENT: Local labor shall be • used by the Contractor when it is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment *- operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the C7-7(2) w summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. " C7-7 . 6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1- 1. 23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first . Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the Thursday preceding. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely Ma completion of the project. The Engineer' s decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or C7-7(3) Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-1.24 and the Contractor may work as he so desires . C7-7 . 7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7 . 8 EXTENSION OF TIME COMPLETION: The Contractor' s request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded AM to the City Council for approval. In adjusting the contract time for completion of work, .. consideration will be given to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub- contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will �. not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor' s purchase order dates and other pertinent data as requested by the Engineer indicates that the contractor has made a bona fide 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. C7-7(4) If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7 . 9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if 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 'r specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7 . 10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents . The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the .. increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following C7-7(5) r schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT LIQUIDATED DAMAGES Less than $5, 000 $35. 00 $5, 001 to 15, 000 45. 00 5, 001 to 25, 000 63. 00 _ 25, 001 to 50, 000 105. 00 50, 001 to 100, 000 154. 00 100, 001 to 500, 000 210. 00 500, 001 to 1, 000, 000 315. 00 1, 000, 001 to 2, 000, 000 420. 00 2, 000, 001 and over 630. 00 The parties hereto understand and agree that any harm to the City caused by the Contractor' s delay in completing the work hereunder in the time specified by the Contract Documents would be impossible or very difficult to accurately estimate, and that the "Amount of Liquidated Damages Per Day", as set out above, is _ a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7 . 11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7 . 12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest *- of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or ..► construction crews. C7-7(6) 'a If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of, the Contractor as set forth in Paragraph C7-7 . 8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer 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 investigation, the Owner finds that such conditions exist 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, then if the '! Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the C7-7(7) Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7 . 14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner �. provided for in these Contract Documents. g. Failure of the Contractor to promptly make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. .� C7-7(8) " "' h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j . If the Contractor shall, for any cause whatsoever, fail to carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor' s Sureties . When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within .two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor' s place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the C7-7(9) Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the nr work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in a manner that does ' not hinder or interfere with performance of the work by the Owner. C7-7 . 15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the -r Engineer, and the final acceptance and final payment made by the Owner. Aw. C7-7 . 16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be affected by C7-7(10) mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becornes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. Terminate all orders and subcontracts to the extent that they . relate to the performance of work terminated by the not5ice of termination; 4 . Transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. Complete performance of such part of the work as shall not have been terminated by the notice of termination; and C7-7(11) 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and ■r preservation of the property related to its contract which is in the possession of the contractor and in which the Owner has or may acquire the rest. C. TERMINATION CLAIM: Within 60 days after 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 . 16 (C) , the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits . Nothing in C7-7 . 16 (E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work -► pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to bepaid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7- 7 . 16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work �- pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the � termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. C7-7(12) F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination) , such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7. 14 hereof entitled "Suspension or Abandonment of the Work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7 . 17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations to protect person and property from injury, including death, or damage in connection with the work. C7-7(13) PART C-GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT - SECTION C8-8 MEASUREMENT AND PAYMENT SECTION C8-8. 1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8 . 2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of ri and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8 . 3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the 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 ow 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 C8-8(1) unforeseen defects or obstructions 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 expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for 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 final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipmerit, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, i or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8 . 5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1St and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period, under the Contract Documents. Not later than the 10th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100 . 00) in amount, 900 of such estimated sum will be paid to the Contractor if the total contract amount is less than $400, 000, or 950 of such estimated sum will be paid to the Contractor if the total contract amount is $400, 000 or greater, within twenty- five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time C8-8(2) am M of the estimate have not been installed. Such payment will be allowed on a basis of 85% of the net invoice value thereof. The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates . It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and .. payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents . The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. .. C8-8 . 6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the .. construction operations is not in accordance with the requirements of the Contract Documents . C8-8 . 7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate .. officials of the Owner, who will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with .. the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the •� project and final payment therefor as outlined in C8-8 . 8 below. C8-8 . 8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. C8-8(3) i 1!IIR 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 final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or ` any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the i Contract Documents which specifically continue thereafter. C8-8 . 9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the i requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such i compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8(4) C8-8 . 10 GENERAL GUARANTY: Neither the final certificate of ,ft 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 resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a .. longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8 . 11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8 . 12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish -+ unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance .. with the General Contract Documents regardless of the actual amount used for the project. C8-8. 13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. C8-8(5) -` so SECTION Cl: am SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the -- 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as �- set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent(10%). For contracts of$400,000 or more at the time of execution,retainage shall be .. five percent(5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and i replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised Pg. 1 10/24/02 me 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 any such iniury, 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 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. F. INCREASED OR DECREASED QUANTITIES: Part C -General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in _ lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. Revised Pg. 2 10/24/02 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. i 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 ori 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. ,r 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. Revised Pg. 3 10/24/02 +► MM 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. _ m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 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. 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: dM 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 10/24/02 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 specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of _ acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4)exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security,to the Purchasing Manager or his representative at the official location and stated time set forth in the"Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope _ plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually fled with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner,be returned unopened. AM 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 Mft 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: �• Revised Pg. 5 10/24/02 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 Am 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 Mft 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". Mft L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: Mft 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 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. low (c)Contractor and subcontractor agree to photocopy such documents as may be requested am by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: am Revised Pg. 6 10/24/02 1. 50 copies and under- 10 cents per page Oft 2, More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4),part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C -General Conditions, Section C6-6.8 BARRICADES, WARNINGS .. AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five(5)and six(6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. 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 10/24/02 P. WAGE RATES:Section 0-3;13 of the General Conditions is deleted and replaced with the following: (a)The contractor shall comply with all requirements of Chapter 2-258, 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,fora period of three(3),years,foliowin4the date o aicceptance of the work,maintain records.that show(i)the name and occupation of each worker employed by the contractor in the construction.6f the work provided for in this contract; and(ii)the actuall per diem.wages paid to,each worker. These records shall be open at all reasonable hours for inspection by the City. Thc.provisious 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/orshall otherwise requireall,.of its st bcontract©rs to comply with paragraphs,,(a)`and(b)above. (cl},With each`partial payment estimate or payroll period,--whichever�s less,an affidavit stating that the contractor has complied with the.requirements'of Chapfer 2258, Texas Government Code. Theevntractor;shall;post the prevailing wage rates in a"conspicuous dace at the site'pf the project at`aIl times: •. Revised Pg. 8 10/24/02 PART D - SPECIAL CONDITIONS D-1 GENERAL........................................................................................................................3 D-2 COORDINATION MEETING............................................................................................5 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW...................5 D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT ..................................7 D- 5 CROSSING OF EXISTING UTILITIES.............................................................................7 .. D-6 EXISTING UTILITIES AND IMPROVEMENTS ................................................................8 5- 7 CONSTRUCTION TRAFFIC OVER PIPELINES..............................................................8 D- 8 TRAFFIC CONTROL.............................................................................•.........................9 D- 9 DETOURS.......................................................................................................................9 D- 10 EXAMINATION OF SITE..............................................................................................9 D- 11 ZONING COMPLIANCE............................................................................................. 10 D- 12 WATER FOR CONSTRUCTION................................................................................ 10 D- 13 WASTE MATERIAL................................................................................................... 10 D- 14 PROJECT CLEANUP AND FINAL ACCEPTANCE.................................................... 10 D- 15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK............................... 10 .. 5- 16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES.......................... 11 6- 17 BID QUANTITIES....................................................................................................... 11 5- 18 CUTTING OF CONCRETE........................................................................................ 11 D- 19 PROJECT DESIGNATION SIGN.................. ............ 11 ......... .. ................ ................ D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT.................................... 12 D- 21 MISCELLANEOUS PLACEMENT OF MATERIAL...................................................... 12 D- 22 CRUSHED LIMESTONE BACKFILL.......................................................................... 12 D- 23 2:27 CONCRETE....................................................................................................... 13 U-24 TRENCH EXCAVATION BACKFILL AND COMPACTION....................................... 13 D- 25 TRENCH PAVEMENT(PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS.......... 14 .. D-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS).............. 15 D- 27 SANITARY SEWER MANHOLES........................................ ............ 16 .......................... D- 28 SANITARY SEWER SERVICES................................................................................ 18 dM D- 29 REMOVAL SALVAGE AND ABANDONMENT OF EXISTING FACILITIES..............20 D-30 DETECTABLE WARNING TAPES.............................................................................22 D- 31 PIPE CLEANING........................................................................................................22 om 5732 DISPOSAL OF SPOIL/FILL MATERIAL........................................................... .....22 E-__33 MECHANICS AND MATERIALMEN'S LIEN...............................................................23 D- 34 SUBSTITUTIONS ......................................................................................................23 .. D- 35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER...........23 D- 36 VACUUM TESTING OF SANITARY SEWER MANHOLES........................................26 D- 37 BYPASS PUMPING............................................................................•......................27 am E-__3_8 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER........27 D- 39 SAMPLES AND QUALITY CONTROL TESTING.......................................................29 U-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 6-4-5 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 '67-4-9 CONCRETE ENCASEMENT OF SEWER PIPE ........................................................38 .. D- 50 CLAY DAM................................................................................................ 38 D- 51 EXPLORATORY EXCAVATION (D-HOLE)............................................... . 11127/04 SC-1 . MR fid. Aft PART D - SPECIAL CONDITIONS -- D- 52 INSTALLATION OF WATER FACILITIES..................................................................39 52.1 Polyvinyl Chloride (PVC) Water Pipe..........................................................................39 52.2 Blocking .....................................................................................................................39 Aft 52.3 Type of Casing Pipe...................................................................................................39 52.4 Tie-Ins........................................................................................................................40 52.5 Connection of Existing Mains.....................................................................................40 52.6 Valve Cut-Ins a` 52.7 Water Services.................................. 52.8 2-Inch Temporary Service Line ..................................................................................42 52.9 Purging and Sterilization of Water Lines43 " ............................................................ ....... 52.10 Work Near Pressure Plane Boundaries......................................................................44 52.11 Water Sample Station................................................................................................44 52.12 Ductile Iron and Gray Iron Fittings..............................................................................44 .. D- 53 SPRINKLING FOR DUST CONTROL........................................................................45 D- 54 DEWATERING...........................................................................................................45 D- 55 TRENCH EXCAVATION ON DEEP TRENCHES.......................................................45 D- 56 TREE PRUNING........................................................................................................45 D- 57 TREE REMOVAL.......................................................................................................46 6--58 TEST HOLES.............................................................................................................46 D- 59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION......................................................................................................47 D-60 TRAFFIC BUTTONS................... .............................48 ...... ....... ....... . ....... . 6-6-1 SANITARY SEWER SERVICE CLEANOUTS............................................................48 D- 62 TEMPORARY PAVEMENT REPAIR..........................................................................48 5-63 CONSTRUCTION STAKES ........................48 ............................................................... D-64 EASEMENTS AND PERMITS....................................................................................49 D-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING..............................................49 D-66 WAGE RATES..........................................................................................................49 .. D-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE....................................50 5-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE)..........................................................................................................50 ... D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS..................................................................................52 D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD...............................................53 D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION ...................................................53 D-72 AIR POLLUTION WATCH DAYS...............................................................:...................53 6=73 FEE FOR STREET'USE PERMITS AND RE-INSPECTK3NS........................................54 s i r.� 10127/04 SC-2 r am PART D - SPECIAL CONDITIONS ,. FOR: WATER AND SEWER REPLACEMENT CONTRACT 2004 WSW-G FORT WORTH, TEXAS DOE PROJECT NO. 4894 WATER DEPARTMENT PROJECTS NO. P253-541200-603170015383 & P258- 541200-703170015383 dft D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the do 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. ,., 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 10127/04 SC-3 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 CENTRAL TEXAS 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 r. Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word .. "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102. B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal. must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written 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(27104 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: dft 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 am 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 dft awarded the contract. D. If the coverage period shown on the contractors 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 r 1 a27104 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 ON 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 i 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. 40. 10 27104 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- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the .. contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. •. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the .. required coverage, or to report an employer's failure to provide coverage". D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT 4ft 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. am D- 5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or dft 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. lorz7104 SC-7 r. 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 10127/04 SC-8 — rr 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. ,r 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." 'ft 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. a. D-9 DETOURS AM 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. an D- 10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such .o 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 10127/04 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 Im 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 "r& 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. ow D- 14 PROJECT CLEANUP AND FINAL ACCEPTANCE 1W 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 MR 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 AM 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 "'t be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed. "e No more than seven days shall elapse after completion of construction before the roadway, right- of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its '. representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth Department of Engineering shall give oft final acceptance of the completed project work. D- 15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK mo 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.ContraGtor shall not on commence with water and/or sanitary sewer installation until such tittle;that"the survey cut-sheets have been received from the City inspector. Im 10127104 SC-10 r.. _ 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. 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 Contractors 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 C4-4.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. 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 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: 10127/04 SC-11 am PART D - SPECIAL CONDITIONS .. 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 an Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. O. D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or r 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 1W 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. ow D-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for Am 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 ..t 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. f 10/27/04 SC-12 Mft _ 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 ..r 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 o„ 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: dft Sieve Size % Retained 1" 0-10 1/2" 40-75 AM 3/8" 55-90 #4 90-100 #8 95-100 All other provisions of this section shall remain the same. 10127/04 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. 10/27/04 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. ® 10/27/04 SC-15 AN PART D - SPECIAL CONDITIONS lot 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 am 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, Am 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 ab 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 „M 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 1W7104 SC-16 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 AM 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. FXFCUTION: 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 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, 1027104 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. s 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 a made per each. D-28 SANITARY SEWER SERVICES 10127/04 SCA 8 PART D - SPECIAL CONDITIONS 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 ,i 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 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 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 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-haling 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, sha I }! e to uncover any sewer service for which no grade verification has been subm tt '` dw' r� � PART D - SPECIAL CONDITIONS routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense. The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M. C-425 with series 300 stainless steel compression straps. The Contractor shall remove the existing clean-out and plug the abandoned sewer service line. The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route. Payment for work and materials such as backfill, removal of existing clean-outs, plugging the abandoned sewer service line, double checking the grade of the installed service line, pipe fittings, surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way. Payment for all work and material involving the "tap° shall be included in the price bid for sanitary sewer service taps. D- 29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-2.7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. A. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. C. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and .. returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 10/27/04 SC-20 PART D - SPECIAL CONDITIONS D. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault, the vault shall be demolished in place to a point no less than 18" below final grade. E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box " in place to a point not less than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade. •• F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. G. ABANDONMENT OF MANHOLES: Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete. Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 — inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Engineer. Surface " restoration shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe(s) and all other appurtenances required, shall be included in the appropriate bid item -Abandon Existing Sewer Manhole. H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section, all full .� barrel diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill, as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. I. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project, it may be required to cut, plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. J. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard. 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 10127104 SC-21 AW PART D - SPECIAL CONDITIONS ORW 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 ..r 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. A. D- 30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe ow 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 Wr 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'/2 pounds/1 inch/100'. The tape shall .ft be color coded and imprinted with the message as follows: Type of Utility Color Code Legends ow 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 SPOIL/FILL MATERIAL Prior to the disposing of any spoil/till material, the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator'), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is �. required if disposal sites are not in a floodplain. Approval of the Contractors disposal sites shall 10127104 SC-22 PART D - SPECIAL CONDITIONS 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 9- 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 "W television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 'M 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 carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. 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 10/27/04 SC-23 s. PART D - SPECIAL CONDITIONS Im 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 .f 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 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 .•r 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 low 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. va 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 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 10127104 SC-24 MM PART D - SPECIAL CONDITIONS i 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 ,r 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 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. 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 10127104 SC-25 AN PART D - SPECIAL CONDITIONS .w sewer are to be corrected. The Engineer will return tapes to the Contractor upon completion of review. 4W 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 Ift 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 so 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. 4W 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 r 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 below in accordance with ASTM C1244-93: 10127104 SC-26 .m PART D - SPECIAL CONDITIONS Table I MINIMUM TIME REQUIRED FOR VACUUM DROP �- OF 'I" 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. a' 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. .. Provisions 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 replacement of the sewer line. D-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a ui N inspection performed by an independent sub-Contractor hired by the prime I 1 CJkv ,., L.P1� 10117/04 SC-27 r. PART D - SPECIAL CONDITIONS at 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. r. 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. "f 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 a. to stationing as shown on the plans. A copy of these television logs will be supplied to the City. 10127/04 SC-28 PART D - SPECIAL CONDITIONS 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 Cid. 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 contractors 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. ow 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 10127104 SC-29 Oft PART D - SPECIAL CONDITIONS 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. r. 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 ..r 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. 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 10127/04 SC-30 PART D - SPECIAL CONDITIONS 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 .M 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 11 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 g be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. me 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. 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. -• 1027/04 SC-31 ar PART D - SPECIAL CONDITIONS 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 aw 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 one 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 .o 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. oh. 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 transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. 10127/04 SC-32 PART D - SPECIAL CONDITIONS Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. Sod material shall be planted within three days after it is excavated. _ CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described. Sodding shall be either "spot" or "block'; either Bermuda, Buffalo or St. Augustine grass. a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the - dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded 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. MATERIALS: 10127/04 SC-33 ON PART D - SPECIAL CONDITIONS t . Im 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 so 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. so The specified seed shall equal or exceed the following percentages of Purity and germination: +� Common Name Purity Germination Common Bermuda Grass 95% 90% .. Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates (Eastern Sections) (Western Sections) (All Sections) Feb 1 Bermudagrass 40 Buffalograss 80 Bermudagrass 60 to Buffalograss 60 Bermudagrass 20 Buffalograss 40 May 1 Total: 100 Total: 100 Total: 100 Table, 120.2.(2)b TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total: 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. b. Finishing. Where applicable, the shoulders, slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun_ 10127/04 SC-34 PART D - SPECIAL CONDITIONS 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 ,. 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 six (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is �. applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included, then MS-2 shall be used. Applications of the asphalt shall be at a rate of three4enths (0.3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooths 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 .. 10127104 SC-35 PART D - SPECIAL CONDITIONS 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 average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of"Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. Acceptable material for"Seeding"will be measured by the linear foot, complete in place. Acceptable material for"Sodding"will be measured by the linear foot, complete in place. Acceptable material for"Fertilizer" shall be subsidiary to the price of sodding or seeding. PAYMENT: All work performed as ordered and measured 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 ia*27104 SC-36 PART D - SPECIAL CONDITIONS for each item of work. Its price shall be full compensation for excavating (except as noted below), loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place .. topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding. .. D-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. 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. .. 10127104 SC-37 PART D - SPECIAL CONDITIONS D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 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 Fri 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. D-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated. The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D- 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 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) 10127/04 SC-38 _ PART D - SPECIAL CONDITIONS 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-Hale) 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: 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. .� 10/27/04 SC-39 .r PART D - SPECIAL CONDITIONS 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 AM 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 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. 10127104 SC-40 PART D - SPECIAL. CONDITIONS 52.7 Water Services 'W The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb ,., stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1- 17 & E1-18) contained in the General Contract Documents. All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the -� Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for ® pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. r 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. 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 .. 10/27/04 SC-41 PART D - SPECIAL CONDITIONS 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 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. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 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 furnishing and installing the multiple 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 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 10/27/04 SC-42 PART D - SPECIAL CONDITIONS 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 MR 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 dft 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 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 1027/04 SC-43 PART D - SPECIAL CONDITIONS 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. 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 1a27iO4 SC-44 a PART D - SPECIAL CONDITIONS Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie- down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed. .. D- 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. IOWA D- 56 TREE PRUNING A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE .. 10127/04 SC-45 PART D - SPECIAL CONDITIONS 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. r■ 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 .• Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract `- price and no additional payment will be allowed. D- 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. 10/27/04 SC-46 a.a PART D - SPECIAL CONDITIONS Am 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 .ft 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 .ft 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. MR 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. Am 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. 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: 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 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. ,� 10/27/04 SC-47 PART D - SPECIAL CONDITIONS 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 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. Am The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary no pavement. D-63 CONSTRUCTION STAKES am 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, am 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 ow 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. aft 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 an work contracted for in the Contract Documents, it shall be the Contractor's responsibility, at the 90/27/04 SC-48 MW PART D - SPECIAL CONDITIONS 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 r► lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. sm 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. am 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 sm manholes. For locations where the City was unable to obtain the easement or right-of-entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, .. are available to the Contractor for review by contacting the plans desk at the Department of Engineering, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for complying with all provisions of such permits, including obtaining the requisite insurance, and shall pay any and all .. costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. For railroad permits, any and all costs, dft associated with compliance with the permit(s) 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. J 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 govern on all work performed by the .. 10127/04 SC-49 .. PART D - SPECIAL CONDITIONS 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 i 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 11, 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. 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 cast of installing thehew 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 la'27iO4 SC-50 i M _ PART D - SPECIAL CONDITIONS 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 sk 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 ■m 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 ,r minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOIR: 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 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water& General Permits Team; MC-228 P.O. Box 13087 .. Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department .. of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY—DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including 10127104 SC-51 PART D - SPECIAL CONDITIONS payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. -- SMALL CONSTRUCTION ACTIVITY- DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, .. a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. .. 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. a 10/27/04 SC-52 ON PART D - SPECIAL CONDITIONS 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: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the .. contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of 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 .. ion7iO4 SC-53 PART D - SPECIAL CONDITIONS i 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. 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 r` subsidiary to the contract cost and no additional compensation shall be made. 10/27/04 SC-54 i (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`h Avenue along FWWR between Rosedale and Oleander Estimated Duration of Construction on your Street : <XX>days 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.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. MW PART D - SPECIAL CONDITIONS CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 �- Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 .. Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 $10.00 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 $11.52 CY) Front End Loader(2 1/2 CY & less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 " Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 .. Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 10127104 SC-56 oft AN PART D - SPECIAL CONDITIONS 10127/04 SC-57 W FORTWORTH .� DOE NO. 111= Project Name: 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: Y11 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-1 REPLACEMENT OF CONCRETE CURB AND GUTTER............................................2 5A-2 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING .................2 5A-3 LOADING TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOIL.........6 5A-4 RECOMMENDED SEQUENCE OF CONSTRUCTION................................................7 5A-5 EASEMENTS AND PERMITS......................................................................................8 DA-6 1 'h" & 2" COPPER SERVICES.................. ..................8 MIA ,z."i aft 11/02/04 ASC-1 r aw PART DA — ADDITIONAL SPECIAL CONDITIONS am AM DA-1 REPLACEMENT OF CONCRETE CURB AND GUTTER These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind, as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete", Item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S4. Pay limits for laydown curb and gutter are shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall saw cut the curb and gutter and pavement prior to removal. Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the "' construction of the curb and gutter. The pay limit will be 9" out from the gutter lip, with same day haul-off of the removed material to a suitable dump site. The street void shall be filled with H.M.A.C. "Type D" mix as per specification No. 300 "Asphalts, Oils and Emulsions", Item No. 304 am "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities and top soil as per specification item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc. damaged during construction shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-2 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING = A. GENERAL: r Where known by the design engineer, the locations of potentially petroleum contaminated material (soil) that may be encountered during excavation and/or construction activities will be shown on the plans. For all locations where material is excavated and suspected of �. being contaminated with petroleum products, whether known or not, these special conditions are to be followed. The contractor is also to follow all applicable Federal. State and Local regulations when handling known or suspect contaminated materials (soils). 1. WORK INCLUDED a. Excavation, stockpiling and testing of Potentially Petroleum Contaminated Material. b. Removal, testing, and disposal of petroleum contaminated groundwater. c. Obtaining and paying for required permits. i 11/02/04 ASC-2 4W. .. PART DA - ADDITIONAL SPECIAL CONDITIONS d. Hiring of qualified environmental professional consultant(s). Contractor will be o.► required to submit the environmental consultant's experience and qualifications to the City prior to beginning work in areas of Potentially Petroleum Contaminated Material. ON e. Hiring of qualified environmental sampling professionals that will collect and submit samples to the applicable City of Fort Worth testing laboratory. The City of Fort ,r Worth's Department of Environmental Management for coordination of laboratory testing. 2. REFERENCES am a. All applicable OSHA regulatory requirements. .. b. All applicable Environmental Protection Agency (EPA) regulatory requirements. c. All applicable State of Texas regulatory requirements. d. All applicable City of Fort Worth (City) regulatory requirements. e. All applicable NIOSH standards. f. All applicable TNRCC requirements. 3. SUBMITTALS a. The contractor shall prepare and submit to the City's Department of Environmental Management, Senior Specialist in Compliance, plans for handling Potentially Petroleum Contaminated Material (PPCM) not less than 30 days prior to — commencing excavation. b. The Contractor shall take necessary precautions while performing this project. .. Contractor shall not commence PPCM work (1) Contractor's submittal for dealing with PPCM is reviewed by the City and (2) the plans (i.e., drawing and description) for discharging any treated liquid into the storm sewer or sanitary sewer are ,,, reviewed by the City(3) and acceptable stockpile area is identified by the Contractor. c. Contractor shall submit the name of his proposed qualified environmental Aft professional consultant(s) and proposed PPCM Handling Plan to the City. The PPCM Handling Plan shall include the detailed sequence of construction including proposed excavation and handling methods, proposed carriers for contaminated materials, waste disposal site, and a list of any permits that may be required for PPCM handling or contaminated materials disposal. The above data must be compiled and arranged in a format that is acceptable to the Texas Natural Resource Conservation Commission (TNRCC). i d. Contractor shall submit actual limits of PPCM excavation, as prepared by his qualified environmental consultant(s) and testing lab. e. Contractor shall submit for review the proposed carrier pipe material to be used with the actual limits of PPCM excavation, including pipe gasket and carrier pipe coating Aft or liner. 11/02/04 ASC-3 r PART DA - ADDITIONAL SPECIAL CONDITIONS B. PRODUCTS: 1. PIPE GASKET MATERIAL. Materials used within the actual limits of PPCM excavation, including pipe gaskets, shall be resistant to petroleum hydrocarbon deterioration. C. EXECUTION: 1. POTENTIALLY PETROLEUM CONTAMINATED AREAS a. Areas suspected of having petroleum contaminated material (soils) are shown in on the engineering drawings. b. In areas other than those noted on the plans and where potentially petroleum contaminated materials are either detected or suspected, the City of Fort Worth and the Engineer should be notified immediately and the work should proceed in accordance with this section. 2. SCREENING POTENTIALLY PETROLEUM CONTAMINATED AREAS ow a. Care should be taken during all excavation and dewatering activities to identify areas potentially contaminated by petroleum. b. When a petroleum odor is encountered during excavation or when there is visual r evidence of potentially petroleum contaminated soil, the Contractor shall notify the Engineer without delay. c. The Contractor shall have retained the services of an environmental consultant who shall be present at the site to screen suspect soil with a photo-ionization detector (PID) or a flame ionization detector (FID). A reading of 20 ppm above ambient .r conditions or greater on PID or FID tested soil sample will be considered potentially petroleum contaminated. The soul sample should be a recent sample from the excavation face. The sample should be stored in a laboratory supplied glass jar with .•� a teflon gasket lined lid. The City of Fort Worth Department of Environmental Management will be notified prior to all sample collection and submittal to the current testing laboratory identified by the City. The PID or FID tests should be performed in a confined location. Soils producing a reading of less than 20 ppm above ambient will not be considered potentially petroleum contaminated. The PID or FID shall be calibrated according to manufactures instructions. d. Water encountered during excavation or dewatering shall be considered to be potentially contaminated if there is a visible sheen, a hydrocarbon odor, adjacent soil that appears visually to be contaminated by hydrocarbons or at any time the Contractor has reason to believe that hydrocarbon contamination may have occurred. The Contractor shall immediately notify the City and the TNRCC whenever contaminated water is encountered. a. The Contractor shall contact the City whenever contamination from any source is suspected. 11/02/04 ASC-4 Am PART DA - ADDITIONAL SPECIAL CONDITIONS 3. HANDLING POTENTIALLY PETROLEUM CONTAMINATED SOIL(PPCS) a. Contractor shall coordinate with the City to determine a suitable location for the stockpiling of contaminated soil. The following procedure shall be followed in preparing the chosen site: 1. Provide a diked enclosure large enough to hold all material and prevent runoff. 2. The diked area shall be lined with 20-30 mil plastic tp prevent seepage into the existing soil. 3. At the end of each work day, Contractor shall completely cover stockpile with 20 mil plastic. During the day, the Contractor shall keep the stockpile covered, as necessary, to prevent release of contaminated materials due to rain or wind. 4. Sampling and evaluation of materials will be performed at the Contractor's expense. (The City of Fort Worth will provide laboratory services) b. PPCS shall be handled, tested, observing all standard chain-of-custody procedures and sampling preservation and analyses shall conform to published and recognized •• standards. c. The stockpiled PPCS shall be sampled and tested every 50 cubic yards for Total .. Petroleum Hydrocarbons (TPH) (TX1005) and Benzene, Toulene, Ethylbenzene and Xylene (BTEX) (EPA 8020). All test results will be forwarded to the City of Fort Worth Department of Environmental Management. d. Contaminated soil identified by test results will be disposed of according to DA-36, Loading, Transportation, and Disposal of Contaminated Soil. .. e. It is the intent of the City of Fort Worth that uncontaminated soils be utilized as backfill material, if the soils also meet the Type C or B backfill classifications. 4. HANDLING POTENTIALLY PETROLEUM CONTAMINATED WATER(PPCW) a. Water pumped from the excavation or from dewatering activities that has an oily sheen, a hydrocarbon odor, or is otherwise suspect, shall be considered potentially petroleum contaminated. .. b. PPCW shall be handled, tested, and discharged in accordance with the TNRCC's appropriate state regulation. PPCW shall be tested no later than 15 days prior to extraction. PPCW shall, if necessary, be treated in an appropriately sized oiltwater .. separator, air stripper or GAC canisters. Contractor shall have his testing laboratory determine that the oiltwater separator treated discharge is within the limits established by the TNRCC's regulations before being allowed to discharge dw (discharge to sanitary sewer). Contractor shall be responsible for furnishing the effluent test reports to the City. c. Alternatively, the Contractor may dispose of contaminated water, after appropriate pretreatment, into the sanitary sewer collection system. It shall be the responsibility of the Contractor to obtain the necessary permit(s) and to perform all testing required by the City of Fort Worth Pretreatment Services Division. 11/02/04 ASC-5 PART DA - ADDITIONAL SPECIAL CONDITIONS d. All treated water shall be discharged into a Contractor supplied Frac Tank, sampled, and analyzed before discharge into the sewer system. e. The product that is recovered shall be disposed of in accordance with all applicable regulations. Any phase separate product recovered from the oil/water separator and air stripper shall be transported in accordance with Department of Transportation rules and regulations for flammable products. When transporting product for disposal, transportation shall also be performed by a licensed carrier. The Contractor is responsible for proper manifesting of the material from the site to the waste disposal facility. Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. 5. HANDLING VAPOR CONCENTRATIONS a. In order to maintain safe working conditions, the vapor concentrations should not exceed 20 percent of .the Lower Explosive Limit (LEL). During construction, measures should be taken to maintain LEL levels below 20 percent in all working .. areas. b. To monitor vapor levels and oxygen levels a combustible gas indicator (CGI) with a LEU02 meter should continuously operate in the working area. The CGI should be properly calibrated and should have an alarm that sounds if 20 percent LEL is reached. Monitoring data from the GCI should be recorded periodically to determine if ventilation or other methods are effective. In the event local health and safety agencies require more stringent monitoring, the local regulations must be implemented. D. MEASUREMENT AND PAYMENT: Payment for handling PPCS, PPCW and Vapor Concentrations, obtaining and paying for any permits required, hiring the services of a qualified professional environmental consultant(s), environmental issues, stockpiling and all issues included and incidental to this section will be full compensation for all labor, equipment, materials, and supervision. +s Measurement and Payment for this section will be per linear foot of trench excavated where the excavated material is handled as a contaminated material. No separate payment will be made for handling of contaminated water, vapor concentrations, sampling, stockpiling, etc. DA-3 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL A. GENERAL: This item has been established for the loading, transportation and disposal of contaminated .� soils in a State of Texas approved disposal site (landfill) to handle special wastes (petroleum contaminated soils). A bid item has been established in the proposal for the proper loading, transportation and disposal of the material to a designated site and the quantity established is the engineers best estimate of the quantity that may be removed. This quantity may vary depending upon actual conditions and testing results. The unit price bid will not be increased regardless of the actual amount of material disposed and 11/02104 ASC-6 ac PART DA - ADDITIONAL SPECIAL CONDITIONS may be decreased if a larger volume of material, than that listed in the bid proposal,. results in a unit cost reduction for disposal. B. WASTE MANIFESTS: Any and all non-hazardous liquid and petroleum substance waste removed from the site of generation and transported for treatment and/or disposal must be accompanied by a waste shipment record/manifest detailing required generator, transported, destination and waste description information. These results may not be uniform throughout the entire site. For all petroleum substance waste, the waste shipment record utilized shall be the TNRCC PETROLEUM-SUBSTANCE WASTE AFFIDAVIT (Form TWC-0332). The Contractor shall be responsible for obtaining, originating and maintaining manifests in accordance with federal and state laws. The Contractor shall sign the manifests forms as Independent Contractor to the Owner. AUTHORIZATION OF PAYMENT FOR REMOVAL TRANSPORT AND TREATMENT / DISPOSAL OF WASTES IN CONTINGENT UPON RECEIPT BY THE ENGINEER OF FULLY COMPLETED AND SIGNED MANIFEST FORMS that are in agreement with regard to the type and amount of waste removed from the site and received by the treatment/disposal facility. The Contractor shall immediately resolve any manifest discrepancies. Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. C. MEASUREMENT AND PAYMENT: Payment for this item shall be made per in place cubic yard of contaminated soils that are loaded, transported and disposed of in an approved special disposal site. No separate payment will be made for loading, transportation and disposal of contaminated ground waters collected; these costs considered subsidiary to DA-37, POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING. The proposed landfill shall be included in the Contractor's bid submittal and approved by the City of Fort Worth Department of Environmental Management prior to contract award. Contractor shall be responsible for all landfill costs, including, but not limited to landfill fees, transportation costs and landfill operator requested analytical testing and waste characterization. DA-4 RECOMMENDED SEQUENCE OF CONSTRUCTION .. In order to facilitate timely reconstruction of the affected roadway surfaces (subsequent to water/sewer installation) under the City's roadway maintenance program, it is recommended that the proposed water and/or sanitary sewer improvements be conducted on the project streets ,. based upon the following sequence: 1. Hilltop Road 2. W. Hammond Street 3. College Avenue After the work start date has been established, the selected contractor shall be required to submit the beginning and ending dates for all work (including pavement repair) on each of the project streets. Please be advised that the contractor has the option of submitting a different sequence of construction than stated above. The contractor shall not be allowed to begin work (but time 11102104 ASC-7 PART DA - ADDITIONAL SPECIAL CONDITIONS charges will begin on the project) until the preferred sequence of construction and the start and end work dates for each street have been submitted to the City. DA-5 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-6 1 %" & 2" COPPER SERVICES The following is an addendum to E1-17, Copper Water Service -Lines and Copper Alloy Couplings: All fittings used for 1 %" and 2" water services lines shall be compression fittings of the type produced with an internal "gripper ring" as manufactured by the Ford Meter Box Co., Inc., Mueller Company, or approved equal. Approved equal products shall submit shop drawings and manufacturer's catalog information for approval. Contractor shall make all cuts to the copper tubing with a copper tubing cutter tool specifically designed for this purpose in order to provide a clean, square cut. The use of hacksaws or any other type of cutter will not be allowed. -- Prior to installing the compression fittings, the copper tubing will be made round by the use of a °rounding tube" specifically made for that purpose. Payment for all work and materials associated with 1 1/2" and 2" copper services shall be included in the price of the appropriate bid item. i 11/02/04 ASC-8 QUANTITY PER LOCATION WATER IMPROVEMENTS PROJECT DESCRIPTION:Water&Sewer Replacement Contract 2004 WSW-G DATE: 11/29/05 Hilltop Rd from W.Dead End to Stadium Dr. PROJECT#: 00153 W.Hammond St.from James Ave.to S.Adams St. DOE#. 4894 College Ave.from W.Seminary to Bolt St. QUANTITY PER LOCATION No. DESCRIPTION UNITS QTY. College Hammond Hilltop 1 6-inch Water Pipe* All Depths) 44 56 LF 100 2 8-inch Water Pipe* All Depths) 1,330 2,566 3,724 LF 7,620 3 10-inch Water Pipe* All Depths) 75 1_17 75 4 12-inch Water Pipe* All Depths) 65 EA 65 5 6-inch Gate Valve w/Cast Iron Box&Lid 4 5 EA 9 5 8-Inch Gate Valve w/Cast Iron Box&Lid 6 7 6 EA 19 6 10-Inch Gate Valve w/Cast Iron Box&Lid 1 EA 1 7 12-Inch Gate Valve w/Cast Iron Box&Lid 1 EA 1 8 Furnish&Set Class'A','B';and'C'Meter Boxes 17 74 85 EA 176 9 1-inch Service Tap to Main 18 74 85 EA 177 10 1-Inch Copper Service Line from Main to Meter 550 1,897 1,980 LF 4,427 11 1-inch Multiple Service Branch 2 6 21 EA 29 11 Relocate Existing Meter Box 6 5 EA 11 12 Standard Fire Hydrant 3'-6"Depth) 4 5 EA 9 13 Fire Hydrant Bbl.Extension 8 10 LF 18 13 Remove&Salvage Existing Fire Hydrant 4 5 EA 9 14 Remove&Salvage Existing Gate Valve 1 EA 1 14 3/4"Copper Service Line on Private Prope120 130 LF 220 15 Permanent Asphalt Pavement Repair 75 LF 75 16 Permanent Concrete Pavement Repair 55 LF 55 'I6 Temporary Asphalt Pavement Repair 1,835 3,952 5,548 LF 11,334 17 Trench Safety for Excavations>5'Depth 1,835 3,952 5,54E LF 11,334 18 Cast Iron/Ductile Iron Fittings 1.50 1.50 1.2 TON 4.25 19 Furnish&La 2"Pipe and Fittings for Temp.Service 0.33 0.33 0.33 L.S. 1 20 Class"B"Concrete for Miscellaneous Placement 7 7 7 CY 20 L2421 Class"E"Concrete for Miscellaneous Placement 7 7 7 CY 20 22 Curshed Limestone for Miscellaneous Placement 10 10 10 CY 30 23 Concrete Curb&Gutter Removal and Replacement 30 25 LF 55 8-Inch CL 51 D.I.P.For S.S.Replacement 35 LF 35 QUANTITY PER LOCATION SEWER IMPROVEMENTS PROJECT DESCRIPTION:Water&Sewer Replacement Contract 2004 WSW-G DATE: 11129/05 PROJECT#: 00153 Hilltop Rd from W.Dead End to Stadium Dr. DOE#. 4894 No. DESCRIPTION Hilltop UNITS QTY. 1 8-Inch Sanitary Sewer Pipe* All Depths) 690 SF 690 2 4-Inch Sanitary Sewer Service Line 300 LF 300 3 4-Inch SDR-26 Sanitary Sewer Service Line 450 LF 450 2 4-Inch Sanitary Sewer Service Connection 26 EA 26 3 Two-way Sanitary Sewer Service Cleanout at Pro a Line 26 EA 26 4 Standard 4'Diameter Sanita Sewer Manhole 0-6" 2 LF 2 5 Added Depth for Standard 4'Diameter Sanitary Sewer Manhole>6' 0.51 LF 0.5 6 Remove Existing Sanitary Sewer Manhole 1 EA 1 7 Watertight Insert for Sanitary Sewer Manhole 2 SF 2 8 Temporary Asphalt Pavement Repair 1,648 0 1,648 9 Concrete Collar for Sanitary Sewer Manhole 2 0 2 10 Post-construction TV Inspection of New Sanitary Sewer 690 LF 690 11 Trench Safety System for Excavations>5'Depth 1 1,648 SF 1,648 12 IVacuum Test New Sanitary Sewer Manhole 2 LF 1 2 13 lConcrete Curb&Gutter Removal and Replacement 130 LF 130 i CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: COLLEGE AVE. (FROM: W. SEMINARY DR. TO ,BOLT ST..) DOE NO. : 3260 FUND CODE: 01 HOLE #1 LAB NO: 9.8200 LOCATION: 4258 COLLEGE AVE E/4 0. 75" HMAC Aw 10.00' YELLOISH BROWN. SANDY CLAY W/GRAVEL - 11.25" -GRAY SANDY CLAY W/GRAVEL ATTERBURG LIMITS: LL:* 29.10 PL: 15. 6 PI: 13.5 SHRKG: 8.0% 'MUNSELL COLOR CHART: 7/2 VERY PALE BROWN SANDY. CLAY UNIT WEIGHT: 128.-0 LBS PER CUBIC FOOT HOLE #2 LAB NO: 98201 LOCATION: 4208 COLLEGE AVE CL 3.00" HMAC 10.00" BROWNISH CLAY W/GRAVEL 9.00" BROWNISH GRAY CLAY UNIT ,WEIGHT: 138.0 LBS PER CUBIC FOOT. ATTERBURG LIMITS: LL: 65.8 PL: 23. 3 I: 39. 5 SHRKG: 17. 0% MUNSEL COLOR CHART: 6/3 PALE BROWN CLAY HOLE #3 LAB NO: 98.202 LOCATION: 4150 COLLEGE AVE W/4 2. 50" HMAC 9.00" 227 (1225.0 PSI) 10. 50" LIGHT GRAY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 59.2 PL: 26. 8 PI: 32. 4 SHRKG:: 17. 0% MUNSELL COLOR CHART: 641 GRAY CLAY - UNIT WEIGHT: 137. 0 LBS PER CUBIC FOOT HOLE #4 LAB NO: 98203 LOCATION: 4104 COLLEGE AVE. E/4 4 . 00" HMAC 13. 00" LIGHT GRAY SANDY CLAY W/GRAVEL 5. 00" GRAY CLAY UNIT WEIGHT: 146.0 LBS- PER CUBIC FOOT ATTERBURG LIMITS: LL: - 32 . 7 PL: 14 . 8 PI: '17. 9 SHRKG: 9. 0% MUNSEL COLOR CHART: 7/1 LIGHT GRAY CLAY 1 CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR DEPTH OF CONCRETE PROJECT: W & S CONTRACT 20 DOE NO. : 4894 FUND CODE: 01 CONTRACTOR: POUR DATE: 0-00-05 CORE DATE: 08712-05 SPEC THICKNESS OF CONC: 6. 00" LAB CORE THCK PASS # # OF OR LOCATION CONC FAIL HILLTOP HILLTOP 55864 1 7 . 00" PASS 3845 HILLTOP N/4 55865 3 7. 00" PASS 3821 S/4 55866 4 8. 00" PASS 3801 N/4 APPROVAL: 4RJER I ROUTING DATE REPORTED: 08-15-05 ABE CALDERON INSPECTOR: ROBERT SAUCEDA SUPERINTENDENT TESTED BY: W.ODEN INSPECTOR FILE 1 CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR COMPRESSIVE STRENGTH OF CONCRETE CORES PROJECT: WATER & SEWER CONTRACT 20 DOE NO. : 4894 FUND CODE: 01 CONTRACTOR: LAB # CORE BRK # PSI LOCATION HILLTOP 56479 1 1972 3845 HILLTOP N/4 56480 2 787 3821 S/4 56481 1 3 1 3370 13801 N/4 **SPEC 3000 PSI APPROVAL: ®RJERI(� ROUTING DATE TESTED: 08-16-05 POUR DATE: ABE CALDERON DATE REPORTED: 08-25-05 ROBERT SAUCEDA INSPECTOR: ROBERT SAUCEDA FILE TESTED BY: SOIL LAB i CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT:WATER & SEWER REPLACEMENT CONTRACT 20 DOE NO. : 4894 FUND CODE: 01 HOLE # 1 LAB NO: 56479 TM` LOCATION: 1200 HAMMOND ST. N/4 4 . 75" HMAC 5.25" ROCKS & SAND 4 . 00" GRAYISH BROWN SANDY CLAY 6. 00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 30.8 PL: 17.1 PI: 13.7 SHRKG: 8. 0% MUNSELL COLOR CHART: 10YR 7/3 VERY PALE BROWN SANDY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 2 LAB NO: 56480 LOCATION: 1221 HAMMOND ST. C/4 5. 0" HMAC 4 .25" ROCKS & SAND 6. 00" BROWN SANDY CLAY W/ROCKS & GRAVEL 7. 00" DARK BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 46.0 PL: 23.2 PI: 22.8 SHRKG: 14.0% MUNSELL COLOR CHART: 10YR 5/2 GRAYISH BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 3 LAB NO: 56481 LOCATION: 1237 HAMMOND ST. S/4 6. 50" HMAC 4 . 00" ROCKS & SAND 3. 00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 53. 8 PL: 25. 8 PI: 28 . 0 SHRKG: 15. 0% MUNSELL COLOR CHART: 10YR 5/2 GRAYISH BROWN CLAY UNIT WEIGHT: N/A#/CFT HOLE # 4 LAB NO: 56482 LOCATION: 1308 HAMMOND ST. N/4 5. 00" HMAC 3.25" ROCKS & GRAVEL 4 . 00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 48 .2 PL: 22.7 PI: 25. 5 SHRKG: 15.0% MUNSELL COLOR CHART: 10YR 6/2 LIGHT BROWN GRAY CLAY UNIT WEIGHT: N/A #/CFT 2 HOLE # 5 LAB NO: 56483 LOCATION: 1329 HAMMOND ST. S/4 5. 0" HMAC 3. 00" ROCKS & SAND 14 . 00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 31. 9 PL: 17. 5 PI: 14. 4 SHRKG: 8. 0% MUNSELL COLOR CHART: 10YR 6/3 PALE BROWN SANDY CLAY UNIT WEIGHT: #/CFT HOLE # 6 LAB NO: 56484 LOCATION: 1346 HAMMOND ST. C/4 4 . 50" HMAC 3.25" ROCKS & SAND 8 . 00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 32 . 5 PL: 17 .7 PI: 14. 8 SHRKG: 8. 0% MUNSELL COLOR CHART: 10YR 6/3 PALE BROWN SANDY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 7 LAB NO: 56485 LOCATION: 1408 HAMMOND ST. N/4 5. 50" HMAC 4 . 75" ROCKS & SAND 6. 50" BROWN SANDY CLAY W/ROCKS & GRAVEL 7 . 00" TANNISH BROWN SANDY CLAY W/ROCKS & GRAVEL s ATTERBURG LIMITS: LL: 40. 6 PL: 19.5 PI: 21. 1 SHRKG: 12. 0% MUNSELL COLOR CHART: 7 . 5YR 6/3 LIGHT BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 8 LAB NO: 56486 r- LOCATION: 1437 HAML40ND ST. C/4 •, 5. 00" HMAC 5. 25" SANDROCKS & GRAVEL 6. 00" BROWN SANDY CLAY W/ROCKS & GRAVEL „■ 7 . 00" MEDIUM BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 29. 9 PL: 15. 9 PI: 14 . 0 SHRKG: 8. 0% MUNSELL COLOR CHART: 10YR 6/2 LIGHT BROWN GRAY SANDY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 9 LAB NO: 56487 LOCATION: 1509 HAMMOND ST. S/4 5. 25" HMAC 6. T5" SAND ROCKS & GRAVEL 4 .25" ROCKS 6.00" MEDIUM BROWN SANDY CLAY W/ ROCKS & GRAVEL a ATTERBURG LIMITS: LL: 28. 9 PL: 15.8 PI: 13.1 SHRKG: 5.0% MUNSELL COLOR CHART: 10YR 7/2 LIGHT GRAY SANDY CLAY UNIT WEIGHT: N/A #/CFT � u 3 HOLE # 10 LAB NO: 56488 LOCATION: 1605 HAMMOND ST. N/4 5. 75" HMAC 3.25" ROCKS & GRAVEL SAND 4 . 50" BROWN SANDY CLAY W/ROCKS & GRAVEL mm ATTERBURG LIMITS: LL: 36. 5 PL: 19.7 PI: 16. 8 SHRKG: 10.0% MUNSELL COLOR CHART: 10YR 5/2 GRAY BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 11 LAB NO: 56489 LOCATION: 201E OF JAMES AVE. @ HAMMOND ST.S/4 7. 50" HMAC 4 .25" SAND ROCKS & GRAVEL 2. 00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 52 . 4 PL: 21. 4 PI: 31.0 SHRKG: 16. 0% MUNSELL COLOR CHART: 10YR 5/1 .GRAY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 1 LAB NO: 56490 LOCATION: 3845 HILLTOP RD. N/4 4 . 00" HMAC 7 . 00" CONCRETE (1972. 0) PSI 10. 00" BROWNISH ORANGE SANDY CLAY ATTERBURG LIMITS: LL: 31. 7 PL: 16.4 PI : 15. 3 SHRKG: 8 . 0% MUNSELL COLOR CHART: 10YR 6/2 LIGHT BROWNISH GRAY UNIT WEIGHT: N/A #/CFT HOLE # 2 LAB NO: 56491 LOCATION: 3836 HILLTOP P.D. C/4 4.50" HMAC 6.25" DAMAGED CONCRETE (227) 2.00" ROCKS & GRAVEL 8. 50" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 27. 1 PL: 15. 4 PI: 11. 7 SHRKG: 7 . 0% MUNSELL COLOR CHART: 10YR 7/1 LIGHT GRAY SANDY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 3 LAB NO: 56492 LOCATION: 3821 HILLTOP RD. S/4 4 . 00" HMAC 7. 00" (227) (787.0 PSI) 4.00" ROCKS & GRAVEL 6.25" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 27, 0 PL: 15. 7 PI: 11. 3 SHRKG: 6. 0% MUNSELL COLOR CHART: 10YR 7/1 LIGHT GRAY SANDY CLAY UNIT WEIGHT: N/A #/CFT 4 HOLE # 4 LAB NO:56493 LOCATION: 3801 HILLTOP RD. N/4 4 .25" HMAC 8. 00" CONCRETE (3370 .0 PSI) 8.00" SANDY BROWN CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 39. 4 PL: 22. 1 PI: 17 . 3 SHRKG: 10.0% MUNSELL COLOR CHART: 7 .5YR 6/3 LIGHT BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 5 LAB NO: 56494 LOCATION: 3737 HILLTOP RD. C/4 4. 75" HMAC 6.25" DAMAGE CONCRETE 227 12. 00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 29.4 PL: 17. 7 PI: 11 .7 SHRKG: 6. 0% MUNSELL COLOR CHART: 10YR 7/2 LIGHT GRAY SANDY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 6 LAB NO: 56495 LOCATION: 3712 HILLTOP RD. S/4 3.75" HMAC 5.25" DAMAGE CONCRETE 227 6.00" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 45.9 PL: 23. 8 PI: 22. 1 SHRKG: 13. 0% MUNSELL COLOR CHART: 10YR 5/2 GRAYISH BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 7 LAB NO: 56496 LOCATION: 3700 HILLTOP RD. N/4 7. 00" HMAC 4 .00" ROCKS & GRAVEL 12. 00" SAND & ROCKS ATTERBURG LIMITS : LL: 21. 4 PL: 16. 6 PI: 4 . 8 SHRKG: 3. 0% MUNSELL COLOR CHART: 10YR 7/4 VERY PALE BROWN SAND UNIT WEIGHT: N/A #/CFT HOLE # 8 LAB NO: 56497 LOCATION: 3632 HILLTOP RD. C/4 5.75" HMAC 4 .25" DAMAGE CONCRETE 227 3.75" BROWN SANDY CLAY W/ROCKS & GRAVEL 6. 00" PALE BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 52 .4 PL: 28 . 4 PI: 26. 0 SHRKG: 14 . 0% MUNSELL COLOR CHART: 10YR 6/3 BROWN CLAY UNIT WEIGHT: N/A #/CFT 5 HOLE # 9 LAB NO: 56498 LOCATION: 3631 HILLTOP RD. S/4 5.25" HMAC 5. 00" DAMAGE CONCRETE 227 3.25" BROWN SANDY CLAY W/GRAVEL 8. 00" MEDIUM BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 46.2 PL: 23. 4 PI: 22. 8 SHRKG: 12. 0% MUNSELL COLOR CHART: 10YR 6/2 LIGHT BROWNISH GRAY- CLAY UNIT WEIGHT: N/A #/CFT HOLE # 10 LAB NO: 56499 LOCATION: 3548 HILLTOP RD. N/4 4 . 00" HMAC 5.00" SAND, ROCKS & GRAVEL 6.25" BROWN SANDY CLAY W/GRAVEL 6.00" DARK BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 38. 6 PL: 20. 5 PI: 18. 1 SHRKG: 10.00 MUNSELL COLOR CHART: 10YR 5/2 GRAY BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 11 LAB NO: 56500 LOCATION: 3532 HILLTOP RD. C/4 3.25" HMAC 3. 75" SAND, ROCKS & GRAVEL 7. 00" DAMAGE CONCRETE (227) 8.75" REDDISH BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 37 . 3 PL: 17 . 6 PI: 19. 7 SHRKG: 11. 0% MUNSELL COLOR CHART: 10YR 6/3 PALE BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 12 LAB NO: 56501 LOCATION: 3521 HILLTOP RD. S/4 3.75" HMAC 6. 00" SAND, ROCKS & GRAVEL 7 .25" BROWN SANDY- CLAY W/ROCKS & GRAVEL 6. 50" REDDISH BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 33. 6 PL: 19.2 PI: 14 . 4 SHRKG: 9. 0% MUNSELL COLOR CHART: 10YR 6/3 PALE BROWN SANDY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 13 LAB NO: 56502 LOCATION: 3500 HILLTOP RD. N/4 3. 00" HMAC 6. 75" SAND, ROCKS & GRAVEL 7.25" BROWN SANDY CLAY W/ROCKS & GRAVEL ATTERBURG LIMITS: LL: 32.7 PL: 18. 2 PI: 18 .2 SHRKG: 8. 0% MUNSELL COLOR CHART: 10YR VERY PALE BROWN SANDY CLAY UNIT WEIGHT: N/A #/CFT 6 HOLE # 14 LAB NO: 56503 LOCATION: 3425 HILLTOP RD. C/4 3. 50" HMAC 6.25" SAND, ROCKS & GRAVEL 5.25" BROWN SANDY CLAY W/GRAVEL 6. 50" DARK BROWNISH GRAY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 47 . 1 PL: 23.7 PI: 23. 4 SHRKG: 14 . 0% MUNSELL COLOR CHART: 10YR 6/1 GRAY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 15 LAB NO: 56504 LOCATION: 3405 HILLTOP RD. S/4 4 .25" HMAC 6.75" ROCKS & SAND 5.25" BROWN SANDY CLAY W/GRAVEL 8. 00" GRAYISH BROWNISH SANDY GRAY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 46. 3 PL: 26. 3 PI: 20. 0 SHRKG: 13. 0% MUNSELL COLOR CHART: 10YR 5/2 GRAY BROWN CLAY UNIT WEIGHT: N/ #/CFT APPROVAL: Y ERI ROUTING DATE TESTED: 08-11-05 THRU 08-15-05 ABE CALDERON DATE REPORTED: 08-26-05 ROBERT SAUCEDA TESTED BY: W.ODEN FILE ,w GENERAL CONSTRUCTION NOTES 1. Applicable design and details shall conform to "General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the latest revisions. 2. All horizontal blocking, cradle blocking, and vertical tie-down blocking to be in accordance with Fig.(s) 9, 10, and l lof the GCD. 3. Fire hydrants shall be located a minimum of T-0" behind the face of curb per Fig. 5 GCD. " 4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. 5. The proposed water and/or sewer mains at times will be laid close to other existing utilities and structures both above and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences,trees, shrubs, gas mains,telephone cables,TU cables, drainage pipes, utility services, and all other utilities and structures both above and below the ground during construction. It is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plans. The contractor shall preserve and protect all underground and �► overhead facilities and be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to excavating at each location: Fort Worth Water Department Field Operations Scott Neystel 817-212-2642 or 817-994-8663 Fort Worth Transportation& Public Works Light and Signal Division 817-871-8100 Fort Worth Transportation & Public Works "` (Storm Drain locates) 817-871-8100 Atmos Energy (817) 215-4366 TXU Energy 1-800-233-2133 SBC Telephone (817) 338-6819 Oncor Gas & Electric (817) 215-6214 Charter Comm. (817) 509-6272 ext. 3363 All Other Facilities 1-800-DIG-TESS 6. Contractor shall verify the elevation, configuration, and angulation of existing line prior to construction of tie-in materials. Such verification shall be considered as ` subsidiary cost of project and no additional compensation will be allowed. Elevation adjustments at connections may be made with bends, offsets, or joint deflections. All nonstandard bends shall be made using the closest standard M.J. fittings with the required joint deflections.(deflections not to exceed manufacturer's deflection per joint) W 7. Contractor shall keep at least one lane of traffic open at all times during construction and access to all places of business and residence at all times.(reference C6-6.5 GCD) 8. No excavated materials, backfill materials, equipment,or supplies shall be stored within floodways or drainage easements.(reference C6-6.6 GCD) 9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill '` material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill material shall be compacted to a minimum of 90%proctor density by means of tamping only. Trenches which cross under existing or future pavement shall be backfilled per Fig. "A" with 95%proctor density by jetting,tamping, or a combination of such methods. I O.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown as final finished grades in these plans. They shall be constructed to 15" below final finished grade by utility contractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Concrete collars shall be installed where indicated on the plans per Fig. 121 of the special contract documents. Manhole inserts shall be installed in all standard four foot and standard four foot drop access manholes per E-100-4 of the special contract documents. Standard four foot diameter manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD, standard four foot drop access manholes per Fig. 107 GCD, and shallow manholes per Fig. 106 GCD. dD 11.The top of the water lines shall be a minimum of T-6" below the top of the curb for 12" and smaller mains except where otherwise shown on these plans. 12.All water meters shall be placed or relocated T-0" behind the face of the proposed curb or as directed by the Engineer. 13.All existing water services shall be replaced with 1" minimum copper tubing unless a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. „i Extend 1" water services to those lots where no water services have been extended to. Locate these services at normal locations or as directed by the Engineer. a.The normal location of water service lines shall be 5'east or north of the center of the property frontage. b.For 40'or less lot frontage, all water services shall be placed 18" from the east or `r south property line. 14.All sanitary sewer services encountered shall be replaced to the property line as directed by the Engineer. CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 " Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving &Curbs $10.25 Form Setter-Structures $9.75 .. Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY& less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 t SECTION E SPECIFICATIONS- JANUARY PECIFICATIONS- JANUARY 1, 1973 ,o �,v�Wsoa 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 E1 , E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference ► for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX E1 MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECI FI CATI ONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981 , follow: El-2.4 Backfill : (Correct minimum compaction requirement to 95% Procter density a`�rrect 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 i "L. Ty e C Backfill (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 or more shall be considered for use only with mechanical compaction E2-2.111'rench 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). SECTION E100 - MATERIAL SPECIFICATIONS MATERIAL STANDARD E100-4 JANUARY 1, 1978 (ADDED 5/13/90) E100-4 WATERTIGHT MANHOLE INSERTS. X100-4.1 GENERAL: This standard covers the furnishing and installation of watertight Basketed 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. b. The minimum thickness of the manhole insert shall be 1/8". 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 1" wide woven polypropalene or nylon webbing, with the ends treated to prevent unravelling. Stainless 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. E100-4.3 INSTALLATION: a. The manhole frame shall be cleaned 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) b n 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 services utilizing two 5/8"X3/4" or Y40 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 CLASS 'C', 18"x 16' Box, 12" high E1.18A.3. REINFORCED PLASTIC METER BOX SPECIFICATION The. meter box shall be coristructed 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 cavi be handled safely without gloves. E1.18A.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 --� 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 from drawing weight per industry standards. I 0 LO1 LO_^J 7 C14 0 1_ II o I Y 1 Ii O (`�' Q ' M M � � H M I I I 7 Q I � D v M o _� m W r \ M O 00 V d' C) N 00 0 M N Co 04 X Z O N COv C� O --� v (� a _ _ 01 �' 00 cd a m 0 00 U v1 0 � F- V N Q U)L. 0 I ® LIJ A4 L- 0 v _- 0 1 n- " U 0 Zo O C v Oo , o Wm () p00 � `d L "J 00 O o ,', C) (D o 00 ;� w, OI 0 N .(, " N 000 N _ iq 134 0 LL- cd 04 -0 � � E4 � Er \` N AG ■�1 W 'o o cd _� O • � m - O p . 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Servics 11 11 CITY WATER DEPARTMENT FORT WORTH, TEXAS AAAA/ ar Av b z;7p -00 co vs,- m stogy vcp m/f W.,?A ecPo crs re 9 4fir e Ahe com9recto.- Connecteb.*7 Arom by-loess to prircrte service sbtvll ,6e *.77cpole by Contractor ZrArt Cboper Service 1/�7s in CITY WATEF DEPARTMENT FORT WORTH, TEXAS rz-"P. SEAM/Ce C®/1 IV 4 C I/G'Z 94 F e I. Rev. 9-1z-go 36"A-fA •C As1oA;ar11 Cover Gcp/v. o*';'*e r� •.R e. S>dhobeol' Finished 2 +6 CITY WATER DEPARTMENT FORT WORTH, TEXAS 1/VT"E'RSECT tom CROSSING ®E rA /L Rer. 9-/Z-90 a a� L u O C 7 O 121 O O to tai to C 1- u (n m d N re-rl c c = 1A u c w L) 41 a+ ON 0 41 1 J a o 'a L - W W ? ��+ tZ O. lit rn a` 1 CL to m CL It /-n 1 . f-= 0 6 c V V 0 c C dl aO+ 1 1 1 M a W " L 7 d -� =t L © N 41 0V - 1- NN /Y N � tf]Q 2 X00 W % % -SIN "O E N 9 CV IT CE ul LTJ `a A LLJ EL r� O 1� It .0 t7U' n 1 I jproe to .NC'�E'llllLr .t*-4JWAW,,ri 14 coxealed pick 1 S/ofs a�pickbars,Ref:£2-14 'j ; OWE @MWWsr 2rows cer1 t prefarma!bitwnastic joint • .,,.. ,,: ; ""'�' s�,iant(Ra�n-Nekarcyoproredvim. �HcL,ol�tkt Corevels o.• ;rj= p"a ' arlt.rd ro A.S,T..N. C-O.Bpl+u'vsf "" .: � •� i'�Pt dalY lt�i✓brctd wrwv../fo!¢ �•?.r t ���'.1 ': 1 1 ti . 1. rw r o{P�ioe aw C/ars X-eom',-Y) Co'c• ec 8`.W.fN. STA&jP-4.P0 AJ4it//, 40,24' (Oi-sc�:r sAo�v�) E1-14 Material E2-14 Construction STREET I DIRT I 4.0' 8—#4 REBARS TYP. a USE 3000# CLASS A CONCRETE. \ \ N 3" TYP. ad 0 CONC. COLLAR VARIES HEIGHT, 3/4" CHAMFER TYP. 0 PVMT. PVMT. GROUND a a x:27 _ — — —— I I„.111.-I I I-1 l l= • _RADE RINGS CASE 1 CASE 2 — + 6" MIN. 3" MIN. CASE 1 n RAM NECK CONC. COLLAR COLLAR SHALL EXTEND TO n HEIGHT VARIES TOP OF 2:27 CONCRETE (REBAR REQ'D.) CASE 2 c. COLLAR SHALL EXTEND 3" BELOW BOTTOM OF LOWEST GRADE RING a ° (REBAR REQ'D.) a d d SECTION A a FIGURE 121 CONCRETE MANHOLE COLLAR El-20. 21_ IAL DETAIL 5/18/90 1 CONSTRUCTION 3/05/93 DRAWN BY: JCU 2-08-2000 1 J < W W m Y = 10 Z N'N_ fy/11�W5 a~C x20: OUB J �, hW �= Q �" 1 M-�� f/)W<Vt OOZ 0S` W -Q� a < < �u�Z{{7�{7���2 6,_�Amm iv WSW C W6XWWF<Ly�~yyNm (��U� 3 La W O U O.N WfAm W��Q.6tWJ�YJ H>Z�< _D Q to- H oo2m�WomJ�< �Wm;x�y<matma Vi N ls{ a A <O mO6}�Q:ta<5w % �OmJ W Vl CpO y�ao e„i Z vOVIRti W.W�W��;V au<Vo�f rO U i iy H 'LnZU(Amo XO<il !kjmW.x �z wnoz E y Z NO 2W2 3 W{�aZtl;Y U ao C Q WW�<►<,-WWW<O�x��Z���yt� a C p ULLJmUZN�a:�taiN<Zf/)f/1?<U�aa. C Z c F" 1 !! c a d 1-1 a N C ' W W J o n, v K �3' a Z V W a O Y �Ii > 0. 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W x W 0: A �a E- X-4 v:E dz PA 11. ZZW a] maww �w ovacOpz�EC~ v O� ZiiF z < O . < z C `�dW n wCQ z E. WW ASO Val d�0 Z.m NM- �PQC in ACO DM CERTIFICATE OF LIABILITY INSURANCE 02/02/2 0' PRODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1121 E. Loo 820 South HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Loop ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 8720 Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC# INSURED Conatser Construction TX, LP INSURERA: Bituminous Casualty Corp + IX P.O.Box 15448 INSURER B: Bituminous Fire & Marine Ins Co A+ IX Fort Worth, TX 76119 INSURER C: INSURER D: 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 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. INSRDD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRGENERAL LIABILITY CLP 3 217 532 08/01/2005 08/01/2006 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5900 A X CONTRACTUAL, XCU PERSONAL&ADV INJURY $ 11000900 X INDEP CONTRACTORS GENERAL AGGREGATE $ 2,000,001 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PROJECT LOC AUTOMOBILE LIABILITY CAP 3 500 108 08/01/2005 08/01/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) B X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CUP 2 576 262 08/01/2005 08/01/2006 EACH OCCURRENCE $ 5,000,000 X OCCUR FICLAIMS MADE UMBRELLA AGGREGATE $ 5,000,000 A $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WC 3 215 760 08/01/2005 08/01/2006 X I WC sTATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,00( A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,00( If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1 1000100 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ATER & SEWER REPLACEMENT TO SERVE CONTRACT 2004 WSW-G. P253-541200-603170015383, 258-541200-703170015383 IN THE CITY OF FORT WORTH. CERT HOLDER NAMED ADLN INSURED EXCEPT ON WORKERS OMPENSATION WITH WAIVER OF SUBROGATION ALL POLICIES AS REQUIRED BY WRITTEN CONTRACT. 0 DAY CANC NOTICE AMENDED TO 10 DAY FOR NON-PAY OF PREMIUM. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL KAXX0IdXM MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH XXK �XXXiQKXdW�K�XIXil@Xll()fIXAf�(XX 1000 THROCKMORTON xbkx(&#XAW*K )txxuwx)iKx X&6xxxxXXXXXXX FORT WORTH, TX 76102 AUTHOR D REPRESENTATIVE ACORD 25(2001/08) ©ACO 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. ACORD 25(2001108) .w CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Water and Sewer Replacements Contract 2004 WSW-G PROJECT NUMBER: P253-603170015383/P258-703170015383 IS TO CERTIFY THAT: Conaser Construction TX LP is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Ex fres Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: ®" Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $_ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: +� Ea.Occurrence: $ Other +w. Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or an canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. 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 worker's compensation insurance policy. Agency Insurance Co.: Fort Worth Agent By Address Title CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096(2000),as amended,Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Department of Engineering No.4894 and City of Fort Worth Project Number P253-603170015383/P258-703170015383 Conaser Construction TX LP CONTRAC R By- w v Jerry Conatser,President of Conatser Management Group,Inc,G.P. s It e f�Are,aLe 2-od4. Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared J41PI'leoofse , known to me 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 Conaser Construction TX LP the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2day of A .20M. Notary P lic in f SYDNEY JONES the State of Texas Notary Public,State of Texas My Commission Expires "� ° May 09,2006 VW no PART G-CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § MAR 0 7 2006 THIS CONTRACT, made and entered into the day of ,2005and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and Conaser Construction TX LPthe City of Fort Worth County of TARRANT and State of TEXAS, Party of the Second Part,hereinafter termed"CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said party of the First Part(Owner)to commence and complete certain improvements described as follows: �r Water and Sewer Replacements Contract 2004 WSW-G And all extra work connected therewith, under the terms as stated in the Contract Documents,and at his(their)own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendent, labor, bonds, insurance,and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof,and the specifications thereof,as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contractor Documents and General Specifications,all of which are made a part hereof and collectively and constitute the entire contract. s �I! The Contractor hereby agrees to commence work within ten(10)days after the date written notice to do so shall have been given to him,and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefore, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof,and to make payment on account thereof as provided therein. IN WITNESS WHEREOF,the Parties to these presents have executed this Contract in 8 counterparts in the year and say first above written. ` Citv of Fort Worth Texas Owne ATTEST: Party the F par BY: _� / �j Marc A.Ott,Assistan City Manager City Secretary ' � Contract Authorizatiox (Seal) Z— 7 Date WITNESSES: Conaser Construction TX LP PO Box 15448 Fort Worth,TX 76119 Contractor ,., By: �erry Title: er,President of Conatser Management Group,Inc,G.P. — ,,, APPR( p ved as to Form and A.Douglas Rademaker,P.E. Director Asst. City Department rney Department of Engineering all[ fix. Bond No: S340521 PERFORMANCE BOND THE STATE OF TEXAS § .. KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Employers Mutual Casualty Company and Union That we(1)Conaser Construction TX LP as Principal herein,and(2)Tnsurancp CZMp= nfPrn irJt-n& corporation organized under the laws of the State of(3) Tam , 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: Six Hundred Nine Thousand THirty-three and 50/100.................................................................... Dollars($609.033.50)for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these present. MAR 0 7 2006 WHEREAS, Principal has entered into a certain written contract with the Obligee dated the of . 2006 a copy of which is hereto attached and made a part hereof for all. purposes, for the construction of: Water and Sewer Replacements Contract 2004 WSW-G NOW THEREFORE, the condition of this obligation is such, if the said Principal 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. � I + 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. r. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this day AR 0 7 2006.2006. . J ._1 J ATTEST: Conaser Construction TX LP (Principal)Secretary PRINCIPAL BY: e tser, President of Conatser (SEAL) itle: gement Group Inc_, its GP PO Box 15448 Fort Worth,TX 76119 Witness as to Principal Employers Mutual Casualty Ccmpany and Union Insurance Camoa= of Providence Surety , B Name: Glenna S. Davis ATTEST: (Attorney-in-fact) Address: P. 0. Bax 712 Secretary Tac Mninec,_T1&Ta 5030'A ( AL) Telephone Number: 800-725-0802, Ext. #252 &tne�ss a urety o yn s NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of the bond shall not be prior to date of Contract. r I. i l , J � 1 d .J MR J Bond No: S340521 �l OR PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § T we�,�( Con ser Construction TX LPas Principal herein, and Employers Mutual �r Casual rpi1t tion Me d M ezistmg un er 'ela' o Ife 5f�Iowa ,as surety, 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 amount of Six Hundred Nine Thousand THirty-three and 50/100........................Dollars I ($609,033.50) 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: (� MAR 0 7 20 WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the day of A.D. ,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: Water and Sewer Replacements Contract 2004 WSW-G h l NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal I shall faithfully make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code,as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. ! PROVIDED, HOWEVER,that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. +� IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have 4 executed this instrument. SIGNED AND SEALED this day of AR 07 20A 6. i 1 . l 71 l .J �J "J Conaser Construction TX LP ATTEST: PRINCIPAL BY: (Principal)Secretary me: .T rn,arr;er President of Conatser Management Title: Group- Inc, its GP (SEAL) PO Box 15448 Fort Worth,TX 76119 Witnes;�s to � c' i Employers Mutual Casualty Company and Union Insurance Company of Pr SURET i ATTEST: B . I Name: Glenna S. Davis Secretary Attorney in Fact (SEAL) Address: p- p. Bax 712 Des Moines, Iowa 50303 Witness as t urety Carolyn Map es i Telephone Number: BOD-725-0802, Ext. 252 NOTE: 1. Correct name of Principal(Contractor). 2. Correct name of Surety. J3. State of incorporation of Surety. Telephone number of surety must be stated. In addition,an original copy of Power of Attorney 7 shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. 117 i�. ._l J Bond No: S340521 and S340522 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: ers Mutual Ca ualty Com�aziy and That Conaser Construction TX LP(Contractor), as principal, an corporation organized under the laws of the State of Iowa , (Surety), do hereby° t emselves 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 Six Hundred Nine Thousand THirty- three and 50/100........................Dollars ($609,033.501 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 entered into a written Contract with the City of Fort Worth,dated the MAR 0 7 Z006 day of 2006copy of which is hereto attached and made a part hereof,the performance of the following described public improvements: Water and Sewer Replacements Contract 2004 WSW-G the same being referred to herein and in said contract as the Work and being designated as project P253- 603170015383/P258-703170015383and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and 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 Two (2)Years 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, IWHEREAS, 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 Water Department of the City of Fort Worth, it be lnecessary;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 the Contractor and Surety damages in the premises prescribed by said Contract. This obligation shall be 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 one of which shall be deemed an original,this day of ,A.D. 2006. ATTEST: (SEAL) Conaser Construction TX LP Contractor By: Secretary e: erre Conatser Title: President of Conatser Management Group Inc., its GP ATTEST: Employers Mutual Casualty Company and (SEAL) Union Insurance Comnanv of Providence Surety BY- Secretary Name: Glenna S. Davis Title: Attorney—irr-Fact P. 0. Box 712 Des Moines, Iowa 50303 IAddress i 1 7 7 7 . f J ►J oil P.O.Box 712 Des Moines,I.A.50303-0712 645322 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS,that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMG Property&Casualty Company,an Iowa Corporation °3. Union.Insurance Company of Providence,an Iowa Corporation 7. The Hamilton Mutual Insurance Com panir an Ohio Cttion 4. Illinols EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally.as"Company"and collectively as"Companies",each does,by time presents,make,constitute and appoint CATHY VINSON,VICINE A.ROSS, M.DELABANO,JACK R.BARBER,GLENNA S.DAVIS, INDIVIDUALLY, FORT:WORTH;`TEXAS' FM its true and lawful attomey-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: IN AN:AMOUNTT.:EXCEEDING TEN MILLION DOLLARS ........................... ...................................... .::. 4$.10,000 QOU 00) and tQ bind each Company thereiry!as fully and to the same extent as ff such instruments were signed the duly authorized officers of each surd Comeau 'and ad of the :of said attorney pursuant to theauthority hereby given are hereby ratified and confirmed. The authority her � April 1,2008 cloy granted shall are unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is;.made,and executed pursuant to and by the,authority,.of:the,fottowing:resolution of the Boards of Directors of,each of the Com panies,at a regulariy`sctaeduld meetirxj;of each:company duly called and held in 1999:' I.WSOf.V.ED Th Presider'and!Ch !Executive Officer,any Vice President,the Treasurer and the Secretary of Employers MutuaFCasuaity Company shat!have power and authority to (1).appoint attorneys in-fact and authorize them to.execute on beha9,of.each.Company and attach the seal of the Company;thereto;,blinds and undertakings recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(2)to remove any such attorney=in-fact at any time'and revoi e the power and authority given to him or her.Attomeys-in-fact shall have power and authority,subject to the terms and limitations of the power-ofattomey issued to them, to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects :=upon this.Company. The.facsimile or mechanically reproduced signature of such officer; whether made heretofore or hereafter, wherever.appearing upon.a certified ciapy of at y power,of attomr y of the Company,shall be valid and binding upon the Company with the same force and affect as fh04. manually am X.ed 1N 1 ESS VYHE[tEOF,the'..0 cis have caused these��( irts tote signed for each by their officers as shown,and the Corporate seats to be heteto affixed this day ofPM Seals ... �.,,, .. ^•.,, Bruce G.Kelley,Chairman JeffreS.Birds) .'. 1"su,�'. •,`�NCE c°. ,•'�,;v &° B 2,3,4,5&6; resident Assistant Secreta .......... . 0'�.......,,of ,As of Companies ry `. y�R'% h3 `OpPDq,P-.�O� �4�•`ORPORq�9'� of Company 1:Vice Chairman and CEO of 1863 =�' Company7 SEALz. o= = 1953 = ka*«iaw•.�,�`` ,irJNlr�.ti.'r•'`•, 'rrr,r,OWA ;: 27th January X005 . .... , AD a me e .�:.: .,.• . ., Om than day tx:€or Q-0 �e4�•.; Notary Public in and for the State of Iowa,personally appeared Bruce G.Kelley and Jeffrey S. `RPOR O; ORROR4r• �oRdq,,. : Birdsley,who,being by me duly swom,did say that they are,and are known to me to be the ',r %7,= Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of SEAL g s SEAL 2 SEAL so each of The Companies above;that the seals affixed to this instrument are the seals of said �b<;- Q;= corporations;that said instrument was signed and sealed on behalf of each of the Companies •.,,�°wA ,.••' 'q�qlN aP4�,.•� pM0�NE5?0,,••` by authori Of their respective Boards of Directors; and that the said Bruce G. Kelley and ..,t..,. Jeffrey S. irdsley;.as such officers,acknowledge the execuban:;;gf sold.nShumentao be tk e voluntary act and need of each of the Companies My Commission Expires September 30,2006. t 4 RUTA KRUMINS Commission Number 176255 My Comm.Exp.sept.30.2005 Notary Public in and the Stateof lo", CERTIFICATE 1,David L.Hixenbaugh,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors byeach of the p���� January 27, 2005 Companies I? ' f4,'@ yA!%Wff966Y�&�i�°n om behalf of �#nae drat are O are aocf arse still in full.force and effect. In Tas4mony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of Vice-President Form 7832(9/02) "For verification of the authenticity,of the • . :r x IMPORTANT NOTICE ` TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Employers Mutual Casualty Company, Union Insurance of Providence, and/or EMCASCO Insurance Company for information or to make a complaint at: Employers Mutual Casualty Company Attn: Surety Claims P.O. Box 712 Des Moines, IA 50303 (515) 280-2689 .- (515) 280-2994 Fax t You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 P � (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. """" 7209