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HomeMy WebLinkAboutContract 35465CITY SECRETARY v C17)" SECRETARY CONTRACT NO (_DItvO CO. SPECIFICATIONS { T!' "GIs L:OPY AND L_iri�3 ✓1_iJ�e'C{ICY'{�i CONTRACT DOCUMENTS FOR TRINITY BLUFF Water &Wastewater Improvements (Peach and Pharr Streets from BNSF RR to Hays St. ) City of Fort Worth, Texas Section A: Water Improvements Section B: Wastewater Improvements Water Project No: P253-609170010283 Sanitary Sewer Project No: P258-709170010283 City of Fort Worth Project No: 00102 DOE # 4617 File #X-19777 January 2007 MIKE MONCRIEF CHARLES R. BOSWEL ' . MAYOR CITY MANAGER S. FRANK CRUMB, P.E. * . DIRECTOR, WATER DEPARTMENT w TNO_ yak ). GREEN F- D OUGLAS RADEMAKER, P.E. --1,,633,17 •ct.� - DIRECTOR, DEPARTMENT OF ENGINEERING P�,2J,��. t10EEEStD��`�� ��j�0NAL tpt •�tj��'p�l. ROBERT D. GOODE, P.E. i�%,1►"� DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT C PREPARED BY: I UITT-ZOLLARS, INC. F l500 W. 7"' Street, Suite 300 Fort Worth, Texas 76102 817-335-3000 I I I HZ Project Number: 03-0996.01 —_.. D ORIGINAL Employeeof FortWorth Intranet - r Print M&C COUNCIL ACTION: Approved on 6/19/2007 - Ord. #17630-06-2007 DATE: 6/19/2007 REFERENCE NO.: C-22215 LOG NAME: 30TRINITY BLUFF CODE: C TYPE: NON -CONSENT PUBLIC HEARING. NO SUBJECT: Authorize Execution of Contract with Conatser Construction Texas, LP, for Trinity Bluff Water and Wastewater Improvements on Portions of East Peach and Pharr Streets and Adopt Appropriation Ordinance (City Project No. 00102) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $1,068,200.00 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $647,241.00 and Sewer Capital Projects Fund in the amount of $420,959.00; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $647,241.00 and the Sewer Capital Project Fund in the amount of $420,959.00 from available funds; and 3. Authorize the City Manager to execute a contract with Conatser Construction Texas, LP, in the amount of $943,640.00 for Trinity Bluff Water and Wastewater Improvements. DISCUSSION: On January 25, 2005, (MSC C-20497) the City Council authorized the City Manager to execute an engineering agreement with Huitt-Zollars, to prepare plans and specifications for Trinity Bluff Water and Wastewater Improvements. This project consists of the replacement of existing water and/or sanitary sewer mains on Peach Street (Grant Avenue to Hays Street) and Pharr Street (Gounah Street to Hays Street). Both streets will be pulverized and overlayed with asphalt as part of this contract after water and wastewater installation is complete. The project was advertised for bid on January 25 and February 1, 2007. On February 15, 2007, the following bids were received: Bidder Amount Time of Completion Conatser Construction Texas, LP $943,640.00 130 Calendar Days Tri-Tech Construction, Inc. $1,098,902.00 Quality Excavation, Ltd. $1,105,777.35 In addition to the contract cost, $88,891 (water: $54,368, sewer: $34,523) is included for survey, inspection and other construction related tasks, and $35,669 (water: $17,268 and sewer: $18,401) is provided for project contingencies. M/WBE- Conatser Construction Texas, LP, is in compliance with the City's M/WBE Ordinance by committing to 5 percent M/WBE participation and documenting good faith effort. Conatser Construction Texas, LP, identified several subcontracting and supplier opportunities. However, the M/WBE-certified firms contacted in the areas identified did not submit the lowest bid. The City's goal on this.,project is 13 percent. This project is located in COUNCIL DISTRICT 9, Mapsco 63S. FISCAL INFORMATIONICERTIFICATION: 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 budget, as appropriated, of the Water and Sewer Capital Projects Fund. TO Fund/Account/Centers 1 &2) P258 472045 7091700102ZZ $420.959.00 1&2)P253 472045 6091700102ZZ $647.241.00 2)P253 531350 609170010280 $900.00 2)P253 531350 609170010282 $600.00 2)P253 541200 609170010283 $592.873.00 2)P253 531350 609170010284 $5.756.00 2)P253 531350 609170010285 $35.000.00 2)P253 531350 609170010291 $600.00 2)P258 531350 709170010252 $7.361.00 2)P258 531350 709170010280 $600.00 2)P258 531350 709170010282 _400.00 2)P258 541200 709170010283 $386.436.00 2)P258 531350 709170010284 $3,680.00 2)P258 531350 709170010285 $22.082.00 2)P258 531350 709170010291 $400.00 2)P253 531350 609170010252 $11.512.00 Submitted for City Manaaer's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1)PE45 538070 0609020 $647.241.00 1)PE45 538070 0709020 $420,959.00 3)P253 541200 609170010283 $575,605.00 3)P258 541200 709170010283 $368,035.00 Marc A. Ott (8476) A. Douglas Rademaker (6157) Liam Conlon (6824) ATTACHMENTS 30Trinity Bluff.doc [it 002 02/13/2007 15:33 FAX CITY OF FORT WORTH DEPARTM-ENT OF ENGINEFRING ADDENDUM NO.1 to the Specifications & Contract Documents for TRINITY BLUFT WATER AND WASTEWATER IMPROVEMENTS PEACH AND PHARR STREETS FROM BNSF RR `1'O BAYS STREET Water Project No: P253-609170010283 Sanitary Sewer Project No: P258-709170010283 City of Fort Worth Pmj ect No: 00102 DOE, # 4617 Bid submittal Duc Date; February 15, 2007 Addendum No. S. Issued: February 12, 2007 Prospective Bidders are lierehy notified of the following: 1. All Sanitary Sewer Ductile Iron Pipe; is to have 401 Protecto )Laing. 2. All 8" and 12" Ductile iron pipe is to be Pressure Class 350. 3. Revise Bid proposal page B-30 to read "130 calendar days" instead of "120". 4. Replace Bid Proposal page B-21 and B-27 with attached Bid Proposal page B-21R and B-27R. This Addendum No. 1 forms part of the Specifications & Contrast Documents for the above referenced Project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of ibis Addendum No. 1 by completing the requested information at the following locations: 1. In the space provided below 2, Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. I" Failure to acknowlodge the receipt of this Addendum No, 1 could cause the subject bidder to be considered "NONRLSPONSWE', resulting in disqualification. ADDENDUM NO. I By: Telephone: Addendum No. 1 77r A. Douglas Radetmaker, P. E. , Director, Dept. of Enn'ne g By: %sue I �l Tony Sholola, P. E. Ptiginecring Manager Page 1 of 1 MDO0lY wwo wrd SetdrwA%cenkrJVAcW 5WinoT4rgx y I/QQnd Pik*%OLY45CAMddd"m tf7 2-12 072 4uc 02/15/2007 02/14/2007 14:12 FAX. IM 002 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO.2 to the Specifications & Contract Documents for TR]NTfY BL a , WATER AND WASTEWATER IMPROVEMENTS PEACH AND PHARR STREETS FROM RNSF RR TO HAYS STREET Water Project No: P253-609170010283 Sanitary Sewer Project No: P258-709170010283 City of Fort Worth Project No: 00102 DOE # 4617 Bid submittal Due Date: February 15, 2007 Addendum No. 2 Issued: February 14, 2007 Prospective Bidders are hereby notified of the following: 1. Replace Bid Proposal page B-11 and B-27R with attached Bid. Proposal page B-11 . and B-271t2. 2_ Special Provision D-64 is herby replaced with the attached revised D-64. This Addendum No. 2 forms part of the Specifications & Contract Documents for the above referenced Project and modifies the original Specifications & Contrad Documents of same. Acknowledge your receipt of this Addendum No. 2 by completing the requested information at The following locations: 1. 1n the space provided below 2. indicate in uppercase letters on the outside of your scaled bid envelope. "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 2" Failure to acknowledge the receipt of this Addendum No. 2 could cause the subject bidder to be considered "NONRESPONSIVE,", resulting in disqualification. ADDENDUM NO.2 ACKNOWLEDGEMENT, By; Title: A ss: �544 Telephone: D 7) — y Addendum No. 2 Page 1 of 1 A. Douglas Rademaker, P. E. Director, Dept. of Engineering By:.-> Tony Sholola, P. E. Ergineering Manager 02/14/2007 CADOo ww sal $mdw%Tevxray l atlM FiW01.K49CALkdd=dum 02 2-14-07.dnc 02/14/2007 14 _12 FAX 005 D- 64 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right -of --entry agreements, and/or permits to perform work on private property. The City has attempted to obtain the temporary construction and/or right -of -entry agreements for properties where construction activity is necessary on City owned facilities, such as sewer lines or manholes. For locations where the City was unable to obtain the easement or right -of -entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the plans desk at the Department of Engineering, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cieanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.1O 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 thnr tdeTsridtt:a►tci complying with all provisions of such permits, ug :.. rti!vm.....:......... 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 railroadlagency for all and all railroad::i1350rarice. i i s`,and-: iii dth tr%cidei�fai mists nieces a permits,. any flagmen during construction in railroad/agency right-of-way, For railroad anr:to'' I'r1�rt -:.:,.<::: - �Cit d:'10.- W-kartrq srali?r i ::lakt:rt� �r:fat "�:5soci,�i�C3:�ostS �C.Co Conti: Ctii�inv+ t1�in SPECIFICATIONS AND CONTRACT DOCUMENTS FOR TRINITY BLUFF Water &Wastewater Improvements (Peach and Pharr Streets from BNSF RR to Hays St. ) City of Fort Worth, Texas Section A: Water Improvements Section B: Wastewater Improvements Water Project No: P253-609170010283 Sanitary Sewer Project No: P258-709170010283 City of Fort Worth Project No: 00102 DOE # 4617 File #X-19777 January 2007 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPARTMENT OF ENGINEERING ROBERT D. GOODE, P.E. DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT PREPARED BY: HUITT-ZOLLARS, INC. 500 W. 7 h Street, Suite 300 Fort Worth, Texas 76102 817-335-3000 HZ Project Number: 03-0996.01 TABLE OF CONTENTS PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS - WATER DEPARTMENT SPECIAL INSRUCTIONS TO BIDDERS -TPW PREVAILING WAGE RATES PART B MINORITY & WOMENS BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL PART C WATER GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS TO PART C PART D WATER SPECIAL CONDITIONS PART DA ADDITIONAL SPECIAL CONDITIONS PART E CERTIFICATES OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND PART F CITY OF FORT WORTH CONTRACT APPENDIX A STANDARD FIGURES AND DETAILS APPENDIX B BNSF RAILWAY PERMITS APPENDIX C SOIL TEST HOLE DATA PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS - WATER DEPARTMENT SPECIAL INSRUCTIONS TO BIDDERS -TPW PREVAILING WAGE RATES NOTICE TO BIDDERS Sealed proposals for the following: TRINITY BLUFF Water & Wastewater Improvements (Peach and Pharr Streets from BNSF RR to Hays Street) City of Fort Worth, Texas DOE PROJECT NO. 4617 Included in the above will be all other items of construction as outlined in the Plans and Specifications. Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., February 15. 2007„ and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Contract Documents, including plans and specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. Documents may be purchased on a non-refundable basis for thirty dollars ($30.00) per set. The major work shall consist of the following: SECTION A: WATER IMPROVEMENTS: 680 L.F.- 24-Inch Water Pipe 134 L.F.- 24-Inch DIP/42-Inch Steel Casing Pipe 239 L.F. - 8-Inch DIP/1 8-Inch Steel Casing Pipe 1,905 L.F. - 8-Inch DR-14 Water Pipe 4 Ea. Fire Hydrants 9 Ea. - 8-Inch Water Valves 1 - 24-Inch Gate Valve and Vault 3,260 SY -8-Inch Pavement Pulverization 3,260 SY- 2-Inch HMAC Surface Course SECTION B: SANITARY SEWER IMPROVEMENTS: 108 L.F.- 12-Inch DIP/22-Inch Steel Casing Pipe 134 L.F. - 8-Inch DIP/18-Inch Steel Casing Pipe 558 L.F - 12-Inch Sanitary Sewer Pipe 770 L.F. - 8-Inch Sanitary Sewer Pipe 15 Ea. Standard 4.0 Ft. Dia. Manholes me 3,260 SY - 8-Inch Pavement Pulverization 3,260 SY — 2 Inch HMAC Surface Course For additional information concerning this project, please call Liam Conlon, Project Manager, City of Fort Worth (817) 392-6824 or Thomas Green, P.E., Huitt-Zollars, Inc. at (817) 335-3000. Advertising Dates: January 25. 2007 February 1. 2007 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: TRINITY BLUFF Water & Wastewater Improvements (Peach and Pharr Streets from BNSF RR to Hays St.) City of Fort Worth, Texas DOE Project No. 4617 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M. February 15.2007, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Contract Documents, including plans and specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102. A set of plans and documents will be provided for a non-refundable fee of thirty dollars ($30.00) each. All bidders will be required to comply with Provisions 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400, prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work will consist of the following: SECTION A: WATER IMPROVEMENTS: 680 L.F.- 24-Inch Water Pipe 134 L.F.- 24-Inch DIP/42-Inch Steel Casing Pipe 239 L.F. - 8-Inch DIP/18-Inch Steel Casing Pipe 1,905 L.F. - 8-Inch DR-14 Water Pipe 4 Ea. Fire Hydrants 9 Ea. - 8-Inch Water Valves 1 - 24-Inch Gate Valve and Vault 3,260 SY -8-Inch Pavement Pulverization 3,260 SY- 2-Inch HMAC Surface Course SECTION B: SANITARY SEWER IMPROVEMENTS: 108 L.F.- 12-Inch DIP/22-Inch Steel Casing Pipe 134 L.F. - 8-Inch DIP/18-Inch Steel Casing Pipe 558 L.F - 12-Inch Sanitary Sewer Pipe 770 L.F. - 8-Inch Sanitary Sewer Pipe 15 Ea. Standard 4.0 Ft. Dia. Manholes 3,260 SY - 8-Inch Pavement Pulverization 3,260 SY — 2 Inch HMAC Surface Course Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. Prospective bidders are hereby advised that the City has not acquired all necessary easements for the construction of this project. It is anticipated that all the necessary easements will have been acquired by the start of construction. No compensation shall be provided for delays if lack of executed easement(s) cause work stoppage and the contractor shall honor his unit bid prices for the project. 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 document is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. CNTB (1) SUBMISSION OF BIDS: The City reserves the right to award the contract to the responsive low bidder. 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 form the City Project Manager named in this solicitation. In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBEJWBE 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. The Managing Department for this project is the Department of Engineering. For additional information concerning this project, please contact Mr. Liam Conlon, City Project Manager (817) 392-6824 or Mr. Thomas Green, P.E., Huitt-Zollars, Inc. (817) 335-3000. Charles R. Boswell City Manager Marty Hendrix City Secretary A. Douglas Rademaker, P.E., Director Department of Engineering 0 Tony Sholola, P.E. Engineering Manager, Department of Engineering, Engineering Services ADVERTISING DATES: January 25.2007 February 1, 2007 Fort Worth, Texas CNTB (2) SPECIAL INSTRUCTIONS TO BIDDERS am 1) PREOUALIFICATION REOUIREMENTS: 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 AM financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non -responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience .. and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if .. inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or Ift experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state 09/ 10/04 M 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. am 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. "f (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. M 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. as 7. NONRESIDENT BIDDERS: Pursuant to Article 601 g, 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. so r 09/ 10/04 2 "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. No 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 an automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. 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 mm 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. r. 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 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 OR 09/ 10/04 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 of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the .. contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered an 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. so 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. ro T7 09/ 10/04 4 um E3 me n r.: Classifications Hrly Rts Air Toot Operator $10.06 Asphalt Raker $11.01 (Asphalt Shoveler $8.80 Asphalt Distributor Operator $13.99 (Asphalt Paving Machine Operator $12.78 Batching Plant Weigher $14.15 Broom or Sweeper Operator $9.88 Bulldozer operator $13.22 Carpenter (Rough) $12.80 Concrete Finisher- Paving $12.85 Concrete Finisher -Structures $13.27 Concrete Paving Curbing Mach. Oper. $12.00 (Concrete Paving Finishing Mach. Oper. $13.63 (Concrete Paving Joint Sealer Oper. $12.50 (Concrete Paving Saw Oper. $13.56 Concrete Paving Spreader Oper. $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel $14.12 Electrician $18.12 IFlagger $8.43 Form Builder- Structures $11.63 Form Setter- Paving & Curbs $11.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader $12.62 Laborer- Common $9.18 Laborer- Utility $10.65 (Mechanic $16.97 (Milling Machine Operator, Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator (Fine Grade) $15.20 Motor Grader Operator, Rough Oiler $14.50 Painter, Structures $13.17 Pavement Marking Machine Oper. $10.04 Pipe Layer $11.04 Roller, Steel Wheel Plant- Mix Pavements $11.28 Roller, Steel Wheel Other Flatwheel or Tamping $10.92 Roller, Pneumatic, Self -Propelled Scraper $11.07 (Reinforcing Steel Setter (Paving) $14.86 Reinforcing Steel Setter (Structure) $16.29 (Classifications Hrly Rts Operator $11.42 �Scraper Servicer $12.32 (Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 Tractor operator, Crawler Type $12.60 Tractor operator, Pneumatic $12.91 Traveling Mixer Operator $12.03 Truck Driver- Single Axle (Light) $10.91 Truck Driver- Single Axle (Heavy) $11.47 Truck Driver- Tandem Axle Semi -Trailer $11.75 truck Driver- Lowboy/Float $14.93 Truck Driver- Transit Mix $12.08 Wagon Drill, Boring Machine, Post Hole Driller $14.00 Welder $13.57 1Work Zone Barricade Servicer $10.09 Rx .r .. me 1i am MEM 1` PART B oft MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL am me MR no a% so AM FORT WORTH `."'``�+"''' City of Fort Worth fi Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $24,090 or more, the MIWBE 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 Mf BE goat on this project is 13 % of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. .. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the followin 1 times allocated, in order for the entire bid to be considered responsive to the speclficativns. be n+ th the Cityreceived the d umentation in !" w ti" i ro date em loyee €�f the �t�anaging d ,pPp P tl'ie tul W`apocal "� h. `i C'c 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid .m met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. .� stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MM/BE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. — FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. l l/1/05 oft ATTACHMENT IA Page 1 of 4 — F+«Rl' WORTH ,,.►- City of Fort Worth Subcontractors/Suppliers Utilization Form P7ME COMPANY NAME: I Check applicable block to describe prime PROJECT NAME: (('' pp ' , `� ^ tV I', I M/W/DBE I � NON-M/W/DBE �I111t'� p�t�l?'� WAA-f r T 0Qsf��t rC 1�1N1 (�QhM -- BID DATE --- Oa/ /5/O-7 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: t t > Q TQEU NUMBER (� Q n 3 -CoOq I -1 Do/ 1) a� Identify all subcontractors/suppliers you will use on this project: Failure to complete this form, in its entirety with requested dnCurnentation, and received by the Managing Deportment (an or- before 5',g0 p,rn, five () City business, days after bid opening, exclusive of bid opening date-, will result in the bid being considered nort-responsive to bid specifications. The undersigned Offeror agrees to enter into a Fnrrnal agreement with the PAMBE firm(s) listed in this utilization schedule, Conditioned upon execution of a contract with the City of Fort Worth- The intentional amd�QT knc, w.w of last OI�Ms iar r.onsideratiorl of disquaiificatiofr acid uvill result irk the bid being considered non -responsive to bid specifications oft 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. on Identify each 'Pier .level. Tier is the level of subcontracting below the prinne Contractor, i-c-, a direct payment from than 9 prince ion tractor to a subcUniract0r is considered I" ticr, a payment l,v a subcontractor to its supp]ier is con-sidered 2 nd tier _i 00 ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those farms, 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). M If hauling services are utilized. the prime will tic givon credit as long as theM/WBE listed ow ris and uperatcs at least t)nc Bally licensed ai,d oiler ltional truck to be used on the can met- The hiJ1/JBL array tease trucks, f an-L another hI.P.W E flrM, including. M:+li 32 crwner-operators, and receive: fifl] M;'VVL3L credit. The NVW1=3E may ]ea-w truckti; Cram non-l+ul,fWRFz, including owner -operators, hul will only receive c;rLclit for the fees and commissions earned by the Md'4 BE as oudined in the ]ense agreemcm, Rev. 5/30103 Ma ATTACHMENT IA ..QjjTORT}3, 1 Page 2 of 4 02, 7 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and now n.. Please list M/WBE firms fast, use additional sheets if necessary.' 4 Certification SUBCONTRACTORISUPPLIER (check one) T Company Name i N T Detail Detail Address e M W C X Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D R O .. E E C T A -rPaol[; VYJ V- .. ROBERT GRANADOS TRUCKING �&t' l C� Ot7 4608 Sandage Fort Worth, Texas 76115 Sur uS d Q (817) 875-2400 COWTOWN REDI-MIX PO Box 162327 Fort Worth, Texas 76161 I y� v (817) 759-1919 f (817) 759-1716 CENTEX SEEDING, Inc. PO Box 2077 sw Keller, Texas 76116 (817) 306-8510 fax (817) 306-8901 PM Magnum Manhole Company ON 314 S. Kirby Street Garland, Texas Y v(214) 687-2293 fax(972) 231-3934 am NATIONAL WATERWORKS PO Box 840700 I Dallas, Texas 75284 (800)252-1557 .� REYNOLDS ASPHALT & CONSTRUCTION COMPANY PO Box 370 Euless, Texas 76039 r (817)267-3131 1d %v M tX1C*' 4 SQ ed i rg —rV y�nai�Qec; I/ C or%C'T- ,+ t' ov P. af•I �s �,-�j4lves � 151� (038•� a Rev. 5/30/03 R ATTACHMENT 1A :.. , FORTWOKM Page 3 of 4 Primes are required to identify ALL subcontractorstsuppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. .. Please list M/WBE fmns first, use additional sheets if necessary. Certification (check one) SUBCONTRACTOR/SUPPLIER T Company Name I N T Detail Detail Address e M W C X Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D .. R O E E C T A no =a no Oft an OEM an Rev. MO/03 an ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ �� • D i Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 5 % 8 3 �• �� J TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ A o 3/ 0 3 S• The Contractor will not make additions, deletions. or sub§titution5 to this certified list without the prior approval of the Minority and Worntm Business Enterpriw Office Manager or designee tbrOLLgh the subillittrtl of a 1 equesl for.Approval rrj ChirngeArddlflan. Any unjustified charige or deletion shall be a initerial breach of contract ;uid may result in debarment ili accord wilil the procediMres outlined in the ordinance.. The contractor shall submit a detailed explanation of how the rQf4uu.;wd changeladdition or deletion will affect the cointnitted h "WBE goal.. If the detail explana�ion is iwt subirtittcd, it will affect the Final compliance determination. B affixing a signature to this form the Offeror further agrees to provide, directly to the City upon request, complete and Y g � � g P � Y h' P 9 � P 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. /1, IFY 00 Aa4G. e Y— KdF1i0tu � Prkdad Sign m ', t5 , a 0",Y- 2)OLVA Q.., Title Contact NamelTide (if dif mat) JA LIP 97-53q,)-74-1-, (91j�,53q -,4<sL Q-W4,W(LB Telephone and/or Fax &X I SL-H 9 1 owcq Addrm EJ�Addrewf ru �ot Y C")Stxtemp lam 9 r a. Rev. 5/30/03 w — PRIME COMPANY NAME: PROJECT NAME: City's M("E Project Goal: am ATTACHMENT 1 B Page 1 of 1 City of Fort worth Prime Contractor Waiver Form Check applicable block to describe prime M/W/DBE I I NON-M/W/DBE BID DATE -- PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT IC. This form is only applicable if hoth answers are yes. Failure t6 complete this to M lik its entirety and be reeelved by the M_anaEing it partment on or be(ore 5,00 tti,.m., diy 05,1CRY liuh ja ess �a s after` bill o rt nirl exele live 64the bid opening date, will result in the bird beink considered non- ,:;respoOsive do bid specificatioits. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is NO your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO — The bidder further agrees to provide, directly to the City upon request, complete and accurate information .. regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MNVBEs on this contract, by an authorized officer or employee of ., the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a �• period of time not less than one (1) year. Authorized $i$nsture Printed $1gn&itrw — Title Contact Name (if different) Company Name Phone Number Fax Number Address Email Address MOR CitylStataflip Date Rev. 5130103 we a. 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. 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 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 --rfLX V.i hq w LAAA O�� Sur?lUG N nct,+e V-QA'1 1M'1X am am r" Rev. 05/30/03 ® ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's NMBE Office. V'Yes Date of Listing L301 l 04 No we 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ✓Neg (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 M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? .. Yea (If yes, attach list to include name of M/WBE firm, Person contacted, phone number and date and time of contact.) No .b am am I 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of .. an affidavit, include a detailed explanation of why the M/WBE 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 Telephon Contact Person Scope of Work Reason for e //�� n Rejection 0.t Uu- t , Rev. 05/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain NMBE participation on this project. rr The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and .. files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed wastwere contacted in good faith. It is erstood that any M/"E(s) listed in Attachment 1C will be contacted,pdd the reaso s fo of using them will be verified by the City's M/WBE Office. thg4zed Signature Printed Sign ture q \,O nA-- ---Sa M o - - Title Contact Name and Title (if different) e ean`i�C 7 - 3 17� 53--7 &G3 Company Name Phone Number Fax .. Number Address Fail Address :r r44 h� `1101 n 1� J 0-7 City/StateTvp Date =I Rev. 05/30/03 RT j�V0 Name of City project: CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered; use "NA" if applicable A joint venture form must be completed on rmh project RFPBid/Purchasing Number: Joint Venture Page 1 of 3 MM 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets ifadditional space is required to provide detailed explanations o%work to be performed by each.(irm comprising the joint venture M/WBE firm I Non-M/WBE .� name: firm name: Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: Rev. 5/30//03 NEE ... Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? .R 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: f w 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ---------- ---- ----- Marketing and Sales �. c. Hiring and Firing of management personnel ------ ---------------------------------------- d. Purchasing of major equipment and/or supplies - ......__. .. ..._.----....__ Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's MNVBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's MNVBE Ordinance. Rev. 5/30//03 Joint Venture Paqe 3 of 3 AFFIDAVIT �. The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. .D The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of M/WBE firm Name of non-M/WBE fine Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title r, Date Date Notarization y State of County of On this day of , 20 , before me appeared and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were property authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Nerve no Notary Public Sign�htnc Commission Expires 04 (seal) as Rev. 5/30//03 PART B — PROPOSAL an This proposal must not be removed from this book of Contract Documents: TO: Mr. Charles R. Boswell City Manager CITY OF FORT WORTH FOR: TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS (EAST PEACH & PHARR STREET FROM BNSF RR TO HAYS ST.) SECTION A: WATER IMPROVEMENTS SECTION B: SANITARY SEWER IMPROVEMENTS WATER PROJECT NO.: P253-609170010283 SANITARY SEWER PROJECT NO.: P258-709170010283 CITY OF FORT WORTH PROJECT NO.: 00102 DEPARTMENT OF ENGINEERING PROJECT NO.: 4617 •-. FILE X-19777 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of water and sanitary sewer facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS (EAST PEACH STREET FROM BNSF RR TO HAYS ST.) PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS SECTION B: SANITARY SEWER IMPROVEMENTS Pursuant to the foregoing `Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) r_ .. TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. an PHARR STREET FROM BNSF RR TO HAYS ST. .. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 1. 320 L.F. 6-Inch PVC (DR-14) Water Pipe, All Depths D-29, 30, 52.1; Per Linear " Foot `1"hi { L,1 % J•Q. Dollars and_&i) Cents $ as tic $ 1 I� arm °O 2. 1,905 L.F. 8-Inch PVC (DR-14) Water Pipe, All Depths D-29, 30, 52.1; Per Linear Foot R f+"A Dollars and_WC Cents $ 41D.00 $ -74,1. 3. 24-Inch Ductile Iron Pipe,. All Depths 20 L.F. Class 250, D-52.12; Per Linear Foot, r biu nla tjgj- „� Dollars and iJb Cents $ 140•00 $ P.. @a>0D 4. 4 EA. 6-Inch Gate Valve w/ Cast Iron Box and Lid, D-52.2; Per Each !� M•6 4 A d 1,Qq_ Dollars ancfi'I�1U Cents $ gl} °° O $ 3,aoo• p 5. 9 EA. 8-Inch Gate Valve w/ Cast Iron Box and Lid, D-52.2; Per Each U A Dollars and Cents $ /Q 00•00 $ ��D• r .. ar B-2 Ii dw 0 Cl so r� TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Item Quantity Prices Written in Words 6. 1 EA. 24-Inch Resilient Seat Gate Valve w/Vault Per Fig. 4 D-52.2; Per Each UJpnti Dollars and rjb Cents 7. 134 L.F. 24-Inch Ductile Iron Pipe, Pressure Class 250 (Restrained) by other than open cut in 42-inch Steel Encasement with Stainless Steel Casing Spacers Per Ite``,,m DA-6 and DA-7, All Depths ' DOwr0u+Jds6 �Fj� rlI VWDollars and No Cents 1 8. 40 L.F. d 9. 239 L.F. oft Unit Price Total Amount Bid 8-Inch Ductile Iron Pipe Pressure Class2,5�estrained) All Depths 50 ' Dollars and-W Cents $ C?D- 00 $ 3, 40D OD 8-Inch Ductile Iron Pipe Pressure Class?2 (F(Restrained) by other than open clR in 18-inch Steel Encasement with Stainless Steel Casing Spacers per Item DA-6 and DA-7, All Depths �1 I?JO H U r�C1t �l. C }'� Dollars and tQO Cents $_ C2 D� $ :�91-150 �o Note: Contractor shall select and submit only one of the pipe material alternatives 10a,10b, or 10c. _ 10a. 680 L.F. 24-Inch Ductile Iron Pipe, Pressure Class 250 (Restrained) Re: DA-119 CW%#adW 5, 2n�� Dollars and () Cents $ 1��' v) $ I1S, 6CCI aD ' B-3 TRINITY BLUFF - WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 10b. 680 LF. 24-Inch Bar -Wrapped Steel Cylinder Pipe (Restrained) Re: DA-120 _ Dollars ° A id and Cents $ $ l oc. 680 LF. 24-Inch Mortar Lined, Polyurethane Coated Steel Pipe (Restrained) Re: DA-121 All Depths N p Dollars and Cents $ $ Note: Contractor shall select and submit only one of the pipe fitting material alternatives �- 11a, llb, or 11c. 11 a. 5 TN. 24-Inch Ductile Iron Fittings for Pipe �. Water Main D-52.12; Per Ton UX `%'ho Uza1 r 6 Dollars and 40 Cents $ $O 1 lb. 5 TN. Fittings for 24" Bar -Wrapped Steel Cylinder Pipe Water Main Re: DA- 120; Per Ton Dollars v and Cents $ $ 11 c. 5 TN. Fittings for 24" Steel Pipe Water Main -� Re: DA-121; Per Ton Dollars Cents $ , $ g - and 12. 6 TN. Cast Iron/Ductile Iron Fittings for 6- Inch through 12-Inch Water Mains D- 52.12; Per Ton `��up�hou Sariol Dollars ands Cents bD$ Ja. DW-o 0 B-4 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 13. 1 EA. Cut, Plug, Block existing 12" WL at Samuels Ave and E. Bluff St. (Part of Exist 24" WL abandonment); Per Each r--4j:etW Pu1.1d Dollars and ND Cents $ ��517D•� $ ism- CD 14. 1 EA. Cut, Plug, Block existing 24" WL, Salvage existing 24" Valve, Backfill exist vault at Hampton St. and E. Bluff St. (Part of Existing 24" WL «� Abandonment); Per Each Dollars �. an_NQ Cents 5 �� $__5(m_ $ _ 15. 10 SY. -- - HMAC/Concrete Base Material per ------- -- — - -. -- Square Yard L,4 Dollars and cents $p,oD $ <Mol 16. 50 LF. Permanent Asphalt Pavement Repair with Reinforced Concrete Base Per Fig. 2000-1B; Per Linear Foot o') Dollars and Cents $ $ 17. 4 EA. Standard Fire Hydrant, 3'-6" Bury Depth; Per Each t --16(ASC rb� Dollars and N a Cents 00 $ 0 r B-5 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. •' PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 18. 3 L.F. Fire Hydrant Bbl. Extension; Per Linear Foot Dollars and Cents r. 19. 20 L.F. 8" SDR-26 PVC Pipe with Cement Stabilized backfill; All Depths �. r; 1 4 ' Dollars and ,J q Cents $ 50y ° $L1200-62 20. 2 EA. Remove and Salvage Existing Fire Hydrant; Per Each ri J L y ur-A d vn¢ a Dollars and N10 Cents 0� $ '�jOQ $ 11000 21. 2 EA. Remove and Salvage Existing 6" Gate Valves; Per Each iy4L N!d Dollars and DW Cents $ DO • bb $ 00 0 22. 24 EA. 1-Inch Service Taps to Main, D-52.7; Per Each }-Ou f-akA 1,laMa Dollars ands Cents $ 4(7D.0 0 $� D 23. 300 L.F. Install 1-Inch Copper Service From Main to Five (5) Feet Behind the Meter, D-52.7; Per Linear Foot Dollars and,U Cents $ (O,V� MRB-6 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 24. 11 EA. Relocate 3/4-Inch Service Meters and 25. 26. 27. 28. 29. 30. _ Meter Boxes D-52.7; Per Each ` T'� r+ .e, 4 U "-J d Dollars and y o Cents $ �D , Oa 3D& OD 1 L.S. Furnish and Lay 2-Inch Pipe for Fittings for Temporary Service for Entire Project, D-52.8; Per Lump Sum Dollars and Pi"t7 Cents $ �• D� UD $ S t=' 5 C.Y. Crushed Limestone, D-22; Per Cubic Yard ry L - Dollars pt 1 a and_ND Cents • $ •� 5 C.Y. Class `B' Concrete (2500#); Per Cubic Y Dollars �4 , and Cents ,r $ t ' $ 5 0 • C) 5 C.Y. Ballast Stone Per Cubic Yard Dollars �0 % a �• 0 and ^! 0 Cents $ • $ 5 C.Y. Class `E' Concrete (1500#); Per Cubic Yard Dollars and h) 0 Cents $ Av • 01 $ J�D. 0 � 5 EA. Relocate 1-Inch Service Meters and Meter Boxes; Per Each A ('( (�PQC( Dollars and dCents �'� �� 00, 00 $ 5 D0� nD TRINITY BLUFF - WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay _ Approx. ` Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid r 31. 7 EA. 1-Inch Bullhead Service Taps; Per Each Si n 11 w-4 d Dollars N Q Cents $"0000 $ ' I and otLb' 32. 10 EA. Class A Meter Box; Per Each om IACih�°+ 4 F' 7� Dollars and N 17 Cents a00 $ I _ oa OD 33. 7 EA. Class C Meter Box; Per Each u�o bl,am C1 &ad Dollars 00 00 and n Cents $_ $� 34. 7 EA. Class B Meter Box; Per Each T Cd L4ry d n0 1j jj_Dollars °E and "n Cents $ zo. $ I. 7SD• 35. 900 L.F. Trench Safety System, D-26; Per Linear Foot VA)Q Dollars % qL1 d d Cents $ • $ • - 36 3,300 L.F. Temporary Asphalt Pavement Repair Per Fig. 2000-1C D-25; Per Linear Foot L P Dollars 00 and Cents $ %�• $� 37 300 L.F. Permanent Asphalt Pavement Repair with Non -Reinforced Concrete Base Per Fig. 200�0.-.1, A; Per Linear Foot -p� 1` ►\NL- Dollars vb Cents $ Lis00 13 ate• B-8 W^ r TRINITY BLUFF - WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid -- _ _. __. - - - - - -------..__ - 38. 3,260 S.Y. 8 Inch Pavement Pulverization; per Square Yard �1 Dollars G 0 6a and f O Cents $� $ /40 36' 39. 43 TN. Cement, 26 lbs✓sq yd, per Ton QA9U&dAVj. Fi k j_ Dollars and Cents $ i �n o p $ � 40. 100 C.Y. Unclassified Street Excavation; Per. Cubic Yard Dollars and ),10 Cents �D $ 1� • Do $ !,� 41. 1 L.S. Erosion Control; Per Lump Sum (SW3P) © .Ik(VSCi od Dollars and-,00 Cents $fit 9 00 $ j, 000 42. 30 S.Y. 6 Inch Top Soil; Per Square Yard Dollars and_jqV Cents pp 6� $$ ISo. 43. 500 S.Y. Hydromulching and Seeding,; Per Square Yard �L� O Dollars and ral t7 Cents $ ?2 Ob $ l 0M. 00 44. 3,260 S.Y. 2 Inch HMAC Surface Course, (Type ! "D" Mix); Per Square Yard Dollars and U Cents $ $ B-9 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. — PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 45. _ 50 L.F. _. Grass Solid Sodding; per Linear Foot _- ..__.. _ ._. Dollars and N p Cents 00 $ /0 • $ 46. 10 L.F. 6" PVC Schedule 40 Perforated Pipe Subdrain; Per Linear Foot Dollars �� and t4 Cents $ ��•�D $ J�Jd 47. 36 TN. HMAC Transition Pavement; Per Ton E I'G 1'7-+� Dollars ' Cents pp $ L $� and � --- 48. 55 L.F. Remove and Replace Existing Concrete Curb and Gutter; Per Linear Foot --rWQ Y1 6,� �l�.Q, Dollars pb and Q Cents $ $ r 49. 90 S.F. Remove and Replace Existing Concrete Driveway Approach; Per Square Foot l r1 Dollars and NO Cents $ �� $ ���• D� 50. 90 S.F. Remove and Replace Existing Concrete Sidewalk; Per Square Foot a` Y'1 Dollars '� �� pD and Cents $ $6. .. B-10 02/14/2007 FAX — _ _ 003 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO 11AYS ST. PHARR STREET FROM BNSF RR TO RAYS ST. SECTION A: WATER IMPROVEMENTS 51, 90 S.F. Remove and Replace Existing Concrete Valley Gutter.; Per Square Foot Dollars oD 00 Dc� / ands) t� Cents $ ei $ /, - 52. 60 S.F. Standard Reinforced Concrete- Wheelchair Curb/Ramps; Per Square Foot �� 1J Dollars, and /t 0 Cents $ 14 EA. A _ .. djust Water Crate Valves to Grade after Pavement Pulverization and Overlay are Complete. include Concrete Collar; Per Each Dollars and Alo _ Cents S 1 �t7 / ry5 $ �T (may. w 54. 1 LS. Associated Costs for Construction Within Railroad/Agency Right of Way (D-64); Per Lump Sum _10i-lhouso nd Dollars ! 00 end�1 t7 Cents TOTAL AMOUNT RM-SECI`ION A: S 5~/ 5� (D 0 O D Addendum No. 2 A -I IR WA TRINITY 1PUFF - WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 51. 90 S.F. Remove and Replace Existing Concrete Valley Gutter; Per Square Foot k)eA 4, Dollars � ands Cents $ $ 0 0, 52. 60 S.F. Standard Reinforced Concr .. Wheelchair Curb/Ramps; Square Foot ••. llars J a and N D r Cents $ 53. 14 EA. Adjust Wat aV ves to Grade after Pavem t erization and Overlay o lete. Include Concre C ; Per Each Dollars 00 (� Cents $ %� $� TOTAL AMOUNT BID -SECTION A: $ 5 0) 6 05 . DO (TRANSFER TOTAL TO PAGE B-29) am on .. B-11 o. TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS s` EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS mm ADD OR SUBTRACT FOR THE FOLLOWING FITTINGS INCLUDING INSTALLATION. LIST OF CAST IRON/DUCTILE IRON FITTINGS FOR 6" THROUGH I T' PIPE No. of Total No. of Fitting Size Fitting Type Weight Total Weight Each / $ Fittings Fittings ► lbs lbs. 6"x4" Tee /00 $ 6" Cross Z 0 O $ 6" 11-1/4 Deg. Bend / b O $ 6" 22-1/2 Deg. Bend 160 $ 6" Plug 0 $ 6" 45 deg. Bend / . SAD $ 6' x 4" Reducer / b 0 $ 6" Cleaning Wye ,2,E-0 $ 6" MJ Solid Sleeve / ,1'0 $ 6" 90 Deg. Bend / ,S 0 $ 8" Plug -7 S $ 8" x 8" Tee 1_6-0 $ 8" x 6" Tee 1 4-- 0 $ 8" Cross 360 $ 8" 11-1/4 Deg. Bend /_ 'V $ r j 8" 22-1/2 Deg. Bend / CO $ 8" Plug $ 8" 45 Deg. Bend $ 8" x 6" Reducer 100 $ 8" Cleaning Wye ; 0 $ 8" MJ Solid Sleeve / 5-0 $ 8" 90 Deg. Berl / 5 o $ 10" MJ Solid Sleeve 2 06 $ 10" 11-1/4 Deg. Bend Z cC $ C 10" 22-1/2 Deg. Bend 2 00 $ f 10" 45 Deg. Bend ?_0 0 $ 10" x 6" Tee L 0 O $ 10" x 8" Tee '? 00 $ 10" Cross , ,o 0 $ 10" x 8" Reducer / S- o $ 1(" x 6" Reducer / r 0 $ 10" Cleaning Wye 4100 $ t 10" Plug /0 0 $ 12" MJ Solid Sleeve 2A 0 $ 12" Plug / 0 0 $ 12" Tee Z Y 0 $ 12" Cross :5 0 $ 12" x 6" Tee z ,i o $ 12" x 8" 11-1/4 Deg. Bend z 0 $ 12" 22-1/2 Deg. Bend 2 C-0 $ Am 12" 45 deg. Bend 2 �-0 $ 12" Cross 30 0 $ 12" x 10" Reducer / 5-0 $ 12" x 6" Reducer j S'0 $ r 12' x 8" Cleaning Wye y 00 $ 12" 90 Deg. Bend 5U $ Notes: 1.) Contractor shall be responsible for correct quantity totals of all fittings and specials_ +� 2.) All Carrier Pipe for SECTION A at BNSF RR Crossings shall be Class 250, 24" or 8" Ductile Iron Pipe. r B-12 Cl TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. -� SECTION A: WATER IMPROVEMENTS ADD OR SUBTRACT FOR THE FOLLOWING FITTINGS INCLUDING INSTALLATION. LIST OF CAST IRON/DUCTILE IRON FITTINGS FOR 24" PIPE No. of Total No. Weight Total Weight Fittings of Fitting Size Fitting Type Each / / lbs. $ Fittings lbs. 24' x 20" Tee /0 &0 $ i 24' x 18" Tee P o o $ 24" x 16" Tee Q 0 0 $ 24' x 14" Tee v p 0 $ f 24" x 12" Tee �70 0 $ 24" x 10" Tee ;70 0 $ 24" x 8" Tee -7 0 0 $ 24" x ti Tee >D O $ 24" x 24" Tee /i 0 C $ 1 24' Cross ,zoo $ 24" 11-114 Deg. Bend J0 o $ 24' 22-1/2 Deg. Bend J00 $ 24" Plug .170 © $ 24" 45 Deg. Bend 7 00 $ 24" Cleaning Wye 1300 $ +� 24' MJ Solid Sleeve eU 0 $ 24" 90 Deg. Bend 700 $ 24"' 5-518 Deg Bend 700 $ 24' x 12' Reducer Cop $ .•r 24" x 14' Reducer l no $ 24" x 16" Reducer 700 $ fl 24" x 18" Reducer 7U O $ .r 24' x 20" Reducer Q/} jj $ Notes: 1.) Contractor shall be responsible for correct quantity totals of all fittings and specials_ 2.) All Carrier Pipe for SECTION A at BNSF RR Crossings shall be Class 250, 24' or 8' Ductile Iron Pipe. Oft a% •"a me no am oft B-13 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS no EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS '" ADD OR SUBTRACT FOR THE FOLLOWING FITTINGS INCLUDING INSTALLATION. LIST OF CAST IRON/DUCTILE IRON FITTINGS FOR 24" PIPE .o No. of Total No. Size Fitting Type Weight Total Weight Each I $ Fittings of Fitting I lbs. Fittings lbs 0 24" x 20" Tee / 0' 0 $ 24' x 18" Tee J 00 $ 24" x 16" Tee 'YO o $ 24" x 14" Tee p 0d $ 24" x 12" Tee ad 0 $ 24" x 10" Tee 700 $ 24" x 8" Tee g p 0 $ 24" x 6' Tee 700 $ 24" x 24" Tee %/ 0 0 $ 24" Cross / Z 0 0 $ 24" 11-1/4 Deg. Bend �0 0 $ 24" 22-1/2 Deg. Bend ;?00 $ 24' Plug �;y 0 $ 24" 45 Deg. Bend `70 0 $ 24" Cleaning Wye 700 $ 24" MJ Solid Sleeve l 0 0 $ 24" 90 Deg. Bend -700 $ 24" 5-5/8 Deg Bend -Jp $ 24" x 12" Reducer / 0 0 $ 24" x 14" Reducer kp 0 $ 24" x 16" Reducer 700 $ 24" x 18" Reducer 0 $ jI 24" x 20" Reducer $ Notes: 1.)• If bid is based on Ductile Iron Pipe, Contractor shall fill in blanks as part of this bid. Contractor I shall be responsible for correct quantity totals of all fittings and specials. am r ON am .. an B-14 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS �. EAST PEACH STREET FROM BNSF RR TO RAYS ST. PHA.RR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS LIST OF CONCRETE PRESSURE PIPE FITTINGS FOR C303 PRETENSIONED CONCRETE CYLINDER PIPE ADD OR SUBTRACT FOR THE FOLLOWING CONCRETE FITTINGS INCLUDING INSTALLATION Beveled Joints 24" AWWA C303 10to50 $ Bends 50011to 11015' $ 11016' to 22030' $ 22°31' to 45°00' $ 45'0F to 67°30' $ 56031" and Larger $ Valve Adapters GKT x C.I w/Flange Outlet & Insulated Kit $ C.I x GKT w/Flange Outlet & Insulated Kit $ r Adapters Grade GKT x GKT $ Closure Section $ no Thrust Ring $ P1up- Bullhead, GKT $ Night Plug $ Cleaning Wye $ ON Outlets 4" Flange or MJ Bell $ 6" Flange or MJ Bell $ an 8" Flange or MJ Bell $ 12" Flange or MJ Bell $ .. Tees 24" x 24" x 8" $ me Sleeves 24"x 24" to exist 24" CIP / DIP $ NOTE: If bid is based on Pretensioned Concrete Cylinder Pipe, Contractor shall fill in blanks as part of this bid. "' Contractor shall be responsible for correct quantity totals of all fittings and specials. r B-15 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS LIST OF STEEL PIPE FITTINGS FOR STEEL PIPE ADD OR SUBTRACT FOR THE FOLLOWING FITTINGS INCLUDING INSTALLATION 0 Beveled Joints .. 1° to 5° $ Bends 5*01' to 11*15' $ 11 ° 16' to 22*30' $ 22*31'to 45°00' $ 45*01' to 67*30' $ 56*31" and Larger $ Valve Adapters Flange Outlet & Insulated Kit $ Adapters •. Closure Section $ Thrust Ring $ .. Plug Bullhead $ Night Plug $ Cleaning Wye $ Outlets 4" Flange or MJ Bell $ ' 6" Flange or MJ Bell $ 8" Flange or MJ Bell $ 12" Flange or MJ Bell $ Tees 24" x 24" x 24" $ Couplings 24" $ Sleeves 24"x 24" to exist 24" CIP I DIP $ NOTE: If bid is based upon Steel Pipe, Contractor shall fill in blanks as part of this bid. Contractor shall be responsible for correct quantity totals of all fittings and specials. am B-16 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS -ST. SECTION A: WATER IMPROVEMENTS MATERIAL SUPPLIER INFORMATION FORM —12, 8, and 6-inch water pipe i DUCTILE IRON PIPE The ductile iron pipe and valve supplier information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. mm Name of Manufacturer Type of Pipe Home Office Address of Manufacturer i Location of plant in which pipe and fittings are to be manufactured PVC PIPE i The PVC pipe and valve supplier information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. (mow Name of Manufacturer Type of Pipe Home Office Address of Manufacturer 710 "ell Location of plant in which pipe and fittings are to be manufactured i B-17 i _ TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION A: WATER IMPROVEMENTS =l MATERIAL SUPPLIER INFORMATION FORM — 48, 42, 36, 30 and 24-inch water pipe DUCTILE IRON PIPE The ductile iron pipe and valve supplier information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. Name of Manufacturer Type of Pipe Home Office Address of Manufacturer /0' 11'5- ,71+9 x'IT S Location of plant in which pipe and fittings are to be manufactured AWWA C303 CONCRETE PRESSURE PIPE, BAR -WRAPPED STEEL CYLINDER TYPE The concrete cylinder pipe supplier information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. Name of Manufacturer Home Office Address of Manufacturer Location of plant in which pipe and fittings are to be manufactured Type oi`Pipc AWWA C200 MORTAR LINED, POLYURETHANE COATED STEEL PIPE The concrete cylinder pipe supplier information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. Name of Manufacturer Home Office Address of Manufacturer Location of plant in which pipe and fittings are to be manufactured Type of Pipe B-18 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Item Quantity Prices Written in Words 1. 430 L.F. 12=Inch Sanitary Sewer Pipe*, All Depths D-29; Per Linear Foot �1 s JL Dollars and Cents 2. 128 L.F. 12-Inch Sanitary Sewer Pipe*, All Depths D-30; Per Linear Foot �.j Dollars and tiat Cents 3. 770 L.F. 8-Inch Sanitary Sewer Pipe*, All Depths D-30; Per Linear Foot Dollars and NO Cents ` 4. 108 L.F. 12-Inch Ductile Iron Pipe, Pressure Class,2 Eby other than open cut in 22-IncYgteel Encasement with Stainless Steel Casing Spacers, Per Item DA-6 and DA-7, All Depths; Per Linear Foot i nt( yo! Arotr�to L: n.„9 -"[ )X 4 Od(1 C� 9Q� jlVtollars andly Cents 5. 20 L.F. 12-Inch Ductile Iron Pipe, Pressure Class ZM All Depths; Per Linear Foot 3SO incv 1I01 P(-ote�to Un;n9 Of& 14L,V) ..6 Dollars and f,V Cents *Contractor must complete City approved product form on Page B-28. B-19 Unit Price Total Amount Bid $ !�5-0 - $_A3, tP5d-00 $ A- 15 oo $ 70o•Oo $ IDo•bt) $ c,000-°b mm om TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST.. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 6. 134 L.F. 8-Inch Ductile Iron Pipe, Pressure Class 2,511F(Retained), by other than open It m 18-Inch Steel Encasement with Stainless Steel Casing Spacers, Per Item DA-6 and DA-7, All nDepths; Per Linear Foot �i 4U1 Protec+o L hew A ri 44 Dollars andjj'W Cents $ 0160 �� $ 33 75 L.F. 8-Inch Ductile Iron Pipe, Pressure Class ;; All Depths; Per Linear Foot 350 ircf i{O( Pr-otecto L.n:•-y �) t�2.6.-1 Dollars and_4tqjZ Cents 20 L.F. 6-Inch Sanitary Sewer Pipe*, All Depths D-29,30; Per Linear Foot fil Dollars and r M 1 Cents 60 L.F. 12-Inch SDR-26 Sanitary Sewer Pipe with cement stabilized backfill, All Depths D-299,-3-0; Per Linear Foot �& t' ► �`Q� Dollars and_t�f Cents 400 L.F. 8-Inch SDR-26 Sanitary Sewer Pipe with cement stabilized backfill, All Depths D-30; Per Linear Foot S 1 A I Dollars and �10 Cents *Contractor must complete City approved product form on Page B-28. B-20 $ g0IM $(4250-0.° $. $ Sao•c� $-65S.", $ 31m , 02/13/2007 15:WFAX 14. 15. Q 003 TRINITY BLUFF — WATER & WASTEWATER 1WROVFMENTS FAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. 20 L.F. 6-Inch SD -2► Sanitary Sewer Pipe with cement stabilized backfill, All Depths D-29,30; Per Linear Foot a d_� Dollars (� fX� n �__ Cent $`_ $ 15 EA. I Standard 4-Foot Diameter Manhole to 1. 6 Feet Depth D-27; Per Each and, Dollars DO Cents $`rc7�� 51 L.F. Additional Depth Over 6 Foot of ��-—- Standard 4 Foot Diameter Manhole, D-27; Per Linear Foot11%1- t t Dollars (5©•(�� Gc and _.N'Q Cents $ D 15 EA. Watertight Manhole Inserts D-27; Per Each —_ Dollars and_ i Cents $� $ 5c)• o 16 EA. r Concet . '�- c Collar foroles, Per Fig 121, Detail Feb., 1993 D-27; Per Each -Vni QSL fl U r\1 t-Q a Dollars pO and t, C0 Cents $0' $� 76 L.F. �Concrete Encasement; Per Linear Foot Dollars pO 00 and�+J Cents $ 0 $ 3 EA. Remove Existing Sewer Manhole, D- 29; Per Each LA _ Dollars Cents Contractor must complete City approved product form on Page B-28. Addendum No. 1 B-21 R $-�X- 00 Is ` 0-0- 'o SECTION B: TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 11. 20 L.F. 6-Inch SDR-26 Sanitary Sewer Pipe with cement stabilized backfill, All _ Depths D-29,30; Per Linear Foot Dollars .. and Cents S ,., 12. 15 EA. Standard 4-Foot Diameter Manhole to J 6 Feet Depth D-27; Per Each .. Dollars and Cents $ $ 13. 51 L.F. Additional Depth Over 6 Foot of Standard 4 Foot Diameter Manhole, D-27; Per Linear Foot Dollars and Cents $ 14. 15 EA. Watertight Manhole Inserts D-27; Per Each Dollars and Cents $ $ 15. 15 EA. Concrete Collar for Manholes, Per Fig 121, Detail Feb., 1993 D-27; Per Each Dollars and Cents $ $ 16. 76 L.F. Concrete Encasement; Per Linear Foot Dollars and Cents $ $ B-21 •. TRINITY BLUFF - WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. — PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount .. Item Quantity Prices Written in Words Bid - — - _ 17. 3 EA. Remove Existing Sewer Manhole, D- 29; Per Each � �\ � Y/� Dollars and Cents n p $ PCI t� 18. 1 EA. Connect to Existing Sanitary Sewer Manhole with Drop Connection; Per Each 1'4Z,_ T6UCG r"d Dollars — and K\O Cents O $ � Dmo $ 1 , 19. 11 EA. Two -Way Sanitary Sewer Clean Out; Per Each U1-4d Dollars .. and�I1 Cents 00 $- $ 20. 11 EA. 4 Inch Wastewater Tap; Per Each 01'r'L Dollars -- and Cents bO 00 $ $_j4) DD 21. 400 L.F. 4 Inch, SDR-26 Sanitary Sewer Service Pipe; Per Each Dollars 0 a0 and P') 0 Cents $ 40. $ 000• 22. 1,900 L.F. Trench Safety System, D-26, Per _ Linear Foot /, A )D Dollars and AL) Cents pb $ 0� $ 3, g� .. B-22 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 23. 2,200 L.F. Temporary Asphalt Pavement Repair, Per Fig 2000-1C; Per Linear Foot -- etj Dollars �' 00 OU000 and Cents $ $ 24. Post -Construction Television 2,100 L.F. Inspection of Sanitary Sewer Lines D- .. 39; Per Linear Foot Dollars and Cents $ i. a .. pia 25. 19 EA. Vacuum Test Manhole, D-36; Per -� Each fFUDollars and tN Q Cents $ / OD- o0 Da $ I ft 26. 5 C.Y. Crushed Limestone, D-22; Per Cubic Yard D AAQ.- Dollars ob 1 ' O and_ iJ! Cents $ $ J� 27. 10 SY. HMAC / Concrete Base Removal Per Square Yard Dollars and A10 Cents bo $� 00 $— 28. 5 C.Y. Class `B' Concrete (2500 #); Per Cubic Yard � II .Q N Dollars and h 0 Cents $ I n-0 O $ 5& ob 0. MR B-23 TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. .. PHARR STREET FROM BNSF RR TO HAYS ST. _ SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 29. 5 C.Y. Class `E' Concrete (1500#); Per Cubic Yard e' ►i Dollars andt4O Cents 00 $ lo. $�0,� 30. 5 C.Y. Ballast Stone; Per Cubic Yard 0 � Dollars 00 °� andno cents $ • $ '� • 31. 24 V.F. Interior Corrosion Protective Coating (2-SSMH); Per Vertical Foot �` Q1JQ.yuNdt�d SeJt(h� Dollars �' o o and r40 Cents $ $ 32. 50 LF. Permanent Asphalt Pavement Repair with Reinforced Concrete Base Per Fig. 2000-1B Per Linear Foot r 1 �-� •/ Dollars $ 0, b $ pz and /JC/ _ _ Cents 33. 50 LF. Permanent Asphalt Pavement Report with Non -Reinforced Concrete Base Per Fig. 2000-1A Per Linear Foot Dollars $ Li.J�� $ Asa and Cents 34. 9 EA. 8" Plugs for Sanitary Sewer Pipe D- 30 Per Each r 7 WO gUl-ldr"P_6 Dollars pp and K1f1 Cents $.2000 $� .. B-24 no TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO RAYS ST. oft PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 35. 3,260 S.Y. 8 Inch Pavement Pulverization; per Square Yard .. V10- Dollars CO and4O Cents 36. 43 TN. Cement, 26 lbs/sq yd, per Ton ■. , (4t4 d 0,c _ � f 14 Dollars OD 00 and � f 1) Cents $ $ 37. 100 C.Y. Unclassified Street Excavation; i Per Cubic Yard Dollars 80 and /ryo Cents 38. 1 L.S. Erosion Control; Per Lump Sun (SW3P) UUI-0, KQ_ Dollars and f Cents $ �• $ sot) —. 39. 30 S.Y. 6 Inch Top Soil; Per Square Yard J Dollars and_L,j() Cents $ 40. 500 S.Y. Hydromulching and Seeding,; Per Square Yard {1�uDollars p0 and--,pW Cents $, $� 41. 3,260 S.Y. 2 Inch HMAC Surface Course, (Type "D°" Mix); Per Square Yard Dollars CAD andi1 Cents $ $ 4 080 I* B-25 r TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. "' PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount Item Quantity Prices Written in Words Bid 42. 50 L.F. Grass Solid Sodding; per Linear Foot Dollars /� and nl Cents $ $ 43. 10 L.F. 6" PVC Schedule 40 Perforated Pipe ` Subdrrain; Per Linear Foot �► ? 1 eye v1 Dollars 15 and N t7 Cents $ $ 44. 36 TN. HMAC Transition Pavement; Per Ton ��� � Dollars pn d0 �a and Cents $ 0(!' $Amf 45. 55 L.F. Remove and Replace Existing Concrete Curb and Gutter; Per Linear Foot Dollars and_JS20 Cents $ i�°D $ �� 375 46. — ---- _-- -- _ - - 90 S.F. Remove and Replace Existing - --- Concrete Driveway Approach; Per Square Foot Dollars )!`t and Cents 47. 90 S.F. Remove and Replace Existing Concrete Sidewalk; Per Square Foot Dollars ob C� and t-�U Cents $�P�. _ 014 r B-26 on 02/14/2007 1 •12, pF 10004 d �, TRrK1TX BLUFF —WATER & WASTEWATER Mrl<tOvEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PFARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS 48. 50 S.F. Remove and Replace Existing Concrete Valley Gutter; Per Square Foot i Dollars and_&o Cents 49. 60 S.F. Standard Reinforced Concrete Wheelchair Curh/R.amps; Per Square Foot �� IJ Dollars aud�v Cents 50. 16 E.A. Adjust manhole to grade after Pavement Pulverization ( Concrete collar paid for in item 15); Per Each i 1' d1jq, Out e&ck.. Dollars and_.W 0 Cents i 51. 1 LS. Associated Costs for Construction Within railroad/Agency Right of Way (D-64); Per Lump Sum '�t,e r�u S4 rid Dollars and_.LQK1 Cents $ i�°� $ ('Poo, $ 1-5,0ao.00 $ ,► , cno TUTAL AMOUNT BID -SECTION B: S Contractor must complete City approved product form on Page B-28. Addenduin No. 2 B-27R2 02/13/2007 15:33 FAX w fib/D%a cep/'+ liDer Alerielao?­ Ilo. TRINPI'Y BLUFF- WATER & WASTEWATER DOROVEIIIENTB ' EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. - - 48. 50 S.F. Remove and Replace Existing Concrete Valley Gutter; Per Square Foot UXA GQ, , Dollars f 00 U] and r lt� Cents $ _ $ �0�• 49. 60 S.F. Standard Reinforced Concrete % Wheelchair Cur amps; Per quare FT_eo Dollars 00 00 and ,r Cents $ %a' $20W' _ 4 50. — 16 E.A. -- Adjust manhol ade after_ — Pavement Pu a tion (Concrete collar paid fok in em 15); Per Each 0 Dollars n O an 11 _ Cents $ too' f AL AMOUNT BID -SECTION B: Contmct* must complete City approved product form on Page B-28. Addendum No. 1 B-27 C . 10004 TRINITY BLUFF ,WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Unit Price Total Amount _ Item Quantity Prices Written in Words _ Bid __ 48. 50 S.F. Remove and Replace Existing Concrete Valley Gutter; Per Square Foot Dollars and Cents $ $ 49. 60 S.F. Standard Reinforced Concrete .� Wheelchair Curb/Rannps; Per Square Foot Dollars and Cents $ $ TOTAL AMOUNT BID -SECTION B: S „ (TRANSFER TOTAL TO PAGE B-29) 64 ml� 64 B-27 OR am SECTION B TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS .. EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. SECTION B: WASTEWATER IMPROVEMENTS LO i r* N= CITY APPROVED PRODUCT FORM* *CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED: STANDARD SPEC NO. SIZE V E1-31 4" thru 10" E 1-25 4" thru 15" E1-27 4" thru 15" Consult the "City of Fort Worth Standard Product List" to obtain the Generic/Trade Name of the Manufacturer for the pipes listed above. Failure to provide the information required above may result in rejection of bid as non -responsive. Only products of methods listed above will be allowed for use in this project. Any substitution shall result in rejection of bid as non -responsive. NOTE: 1.) All carrier pipe for Section B at BNSF RR Crossing shall be class 250, 12" and 8" Ductile Iron Pipe. B-28 TRINITY BLUFF - WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. om PHARR STREET FROM BNSF RR TO HAYS ST. BID SUMMARY co TOTAL AMOUNT BID WATER -SECTION A TOTAL AMOUNT BID SANITARY SEWER -SECTION B: cc GRAND TOTAL AMOUNT BID (SECTIONS A & B) B-29 ELI 0-4 ma TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. PART B — PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been fiunished at least one set of the General Contract documents and General Specifications for Water 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 successful bidder shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1,1978, which may be purchased from the Water Department. 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either fiunishing 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 agree to begin construction within 10 calendar days after issue of the work order, and to If complete the contract within . alendar days after beginning construction as set forth in the written poi �d • 1 work order to 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 statue is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. ow B-30 .4 .. oft TRINITY BLUFF — WATER & WASTEWATER IMPROVEMENTS EAST PEACH STREET FROM BNSF RR TO HAYS ST. PHARR STREET FROM BNSF RR TO HAYS ST. ,r I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) v Respectfully submitted, •� ailCt ��. ,yT;4rW+" Cn I P / a .,� By: r Coo Y► Title: •r Address: 74 R9 Telephone: (gri) 5,q - l?u3 ft (Seal) Date: M B-31 404 C L PART C WATER GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS TO PART C a. v PART C - GENERAL CONDITIONS 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 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works Cl-1 (4) C1-1.18 Director, City Water Department C1-1 (4) C1-1.19 Engineer C1-1 (4) Cl-1.20 Contractor 'C1-1 (4) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project Cl-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Holiday C1-1 (4) 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 (6.) C1-1.30 City Streets C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1)- C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of. Proposal C2-2 (3) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) (1) 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 Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise 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) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (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) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5:11. Substitute Materials or Equipment C5-5 (5) C5=5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5.17 Cleanup C5-5 (8) C5-5.18 Final Inspection "C5-5 (9) (2) M 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) C6-6.5 Public Safety and Convenience C64 (2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right -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 (5) 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 (8) C6-6.13 Contractor's Claim for•Damages C6-6 (10) C6-6.14 Adjustment of 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 (11) C6-6.17 Use of a Section of 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 (12) 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 Workman and Equipment C7-7 (2) 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 (4) 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 Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9i C7-7.16 Termination for Convenience of the Onwer 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) (3) C8-8.3 Lump Sum C8-8.4 Scope of Payment C8-8.5 Partial Estimates and Retainage C8-8.6 Withholding Payment C8-8.7 Final Acceptance C8-8.8 Final Payment C8-8.9 Adquacy of Design C8-8.10 General Guaranty C8-8411 Subsidiary Work C8-8.12 Miscellaneous Placement of Material C8-8.13 Record Documents (4) C8-8 (1) C8-8 (1) C8-8 (2) C8-8 (3) C8-8 (3) C8-8 (3) C8-8 (4) C8-8 (4) C8-8 (5) C8-8 (5) C8-8 (5) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION Cl-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: `P PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El -White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement.) Same as above PART B - PROPOSAL (Bid} PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1) , L C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a, duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. 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 whic 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.$ SPECIFICATIONS: The Specifications is 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 standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become. a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) r n 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. Pr,oposal 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 xc.larify 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 Manger, 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 C gUNCIL: The duly elected and qualified governing body of he 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. 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 (3) CI-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 L ty 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 company, firm, association, contract with the Owner for directly or through a duly sub -contractor is a person, contract with the principal materials or only labor, for person, persons, partnership, or corporation, entering into a the execution of the work, acting authorized representative. A firm, corporation, or others under contractor, supplying labor and 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:' in .and covered. by -the Contract limited to the furnishing of equipment, and incidentals nec and serviceable project. The completed work contemplated Documents, including but not all labor, materials, tools, Bssary to produce a completed 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:. 0 .. Cl-1 (4) 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 m 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 is . 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 MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O.D. - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. —Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY -.Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron C1-1 (5) 0 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: 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 (21) feet back of the curb lines or four (41) 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 adders one or more applications of gravel or similar material other -.than the natural material found on the street surface before any improvement was made. F ,: C1-1 (6) A4 s SECTION C - GENERAL CONDITIONS ` C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal -form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's ".Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for 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 -estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be received. Th-e 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. MW The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such - additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) Ej 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. r_7- Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests4 boring, and by such other means as may 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 is 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. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes 'to do the work contemplated or furnishe 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 him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly auth-orized. 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 unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID -SECURITY: No proposal will be considered unless it is, accompanied by a "Proposal Security" of the character and 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 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(3) C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each �proposal.shall be in a sealed envelope plainly 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 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 MODIFICATIQN 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 PROPOSAJ: Proposals which have.been properly filed and for which no. Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids.. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as 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 C2-2(4) 0 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 reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is i.nterested 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: at 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) 0 ED M3 .r 0 .n PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of 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 th right will be reserved waive technicalities, t proceed with the work i ' the best interest of the e contract is made by the Owner, the to reject any or all proposals and o re -advertise for new proposals, or to n any manner as maybe considered for Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterpri.se '(MBE) and or a a Woman -owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and 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. C3-3 (1) The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer, C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal 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 tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the. protection of the'Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) .r bond shall guarantee the payment for all labor, materials,_ equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10'. C. PAYMENT BOND: A good and sufficient payment bond, in 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. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested -in any litigation against the owner. All bonds shall be made on .the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall -not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) 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 YONTRACT: 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. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may 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 occurin.g 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 (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractors' C3-3 (4) LE M certificate of insurance for approval. The prime contractor 04 shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, 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). ,r 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. .r M C3-3 (5) r- 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit f or each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any, of the following special y 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 requited in these Contract Documents in amounts and by carriers satisfactory t•o the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply ,.. to the sub=con.tr.acto.r, 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 thL- 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 C3-3 (6) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, 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 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 e. 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 ofeach payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the° Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/qr 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 .r C3-3 (7) 0 matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. 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, all 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 it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative -w fail to perform to the. satisfaction of 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 for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8) .0 LA 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 04 intention of these Contract.Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the +■► requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. r C444-.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 proposals 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. C4-4.3 IN REASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item .or items of work to be done or materials to be " furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) 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 ar-e 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 m, 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) rentalM 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 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 C4-4 (2) in M* 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 MW compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. r 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 y is done and unless the claim is supported by satisfactory vo.uchers and certified payrolls covering all labor and materials expended upon the said Extra Work. 60 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 so permanent record a corrected set of plans showing the actual installation. The compensation- agreed upon for 'extra work' whether or not iniitiated 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 Aw 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 .r unchanged work as a result or the change or extra work. 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 C4-4 (3) 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 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of 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. 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. C4-4 (4) 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 Tecbh.n:ical 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 fallow the guidelines of .. this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptanee activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. ift 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. A 7. Owner's operator instruction (if applicable).. 8. Final inspection. C4-4 (5) 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. C4-4 (6) Em r. go PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS i rr SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHQRITY.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 or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. 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 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-i5 (1) 0 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 Contract 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 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 CS-5 (2) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Mk Engineer and his inspector to examine and inspect the workmanship and materials -entering into the work. C5-5.5 EMERGEN Y AND/OR REFTIFICATION 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 a 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 r+ 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 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 to elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines,, grades and measurements will be established by means of .m stakes or other -customary method of marking as may be found consistent with good practice. 04 CS-5 (3) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for 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 as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation�to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have 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 Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector., the Contractor may within six days make writte-n appeal to the Engineer for his decision on the matter in controversy. C5-5 (4) .. ra ., 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. ,b 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 •o without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, r. 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 0wener. 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. C5-5.11 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 preconstruction 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 C5-5 (5) 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. CS-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 f or direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be 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 spebific 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 mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor 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. CS-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as 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 on C5-5 (6) 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 Contractors 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 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. 'm C5-5.15 INTERRUPTION OF SERVICE: .. a. Normal Prosecution: In the normal prosectuion,of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. C5-5 (7) 2. Notify each customer personally through responsible personnel as to 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 door knob. 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 inter- rupted on between the hours of and This inconvenience will be as short as possible. Contractor Address Thank you, Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through 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 the satisfaction of the Engineer. Twenty -fours fours 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, if the Contractor fails to correct the C5-5 (8) 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 cleanup 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 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. an me a% .. C5-5 (9) am .. oft 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 PROESSES: If the Contractor is required or esires 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 cost arising from patents, trade -marks, and copy rights 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 trade -mark or copy right 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 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 (1) an 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, including4 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 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. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, 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. 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, C6-6 (2) gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice,. and in either case, the cost of such work 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 7streams, 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 S.TIEETS,.ALLEYS,.AND RIGHT-OF-WAY: For the performance of he contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or .stacked in such a way as not to interfere with the use o°f spaces that may .be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3) carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any 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 as to 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 intentions 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, 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 from, 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. 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 Hig-hways" issued under the authority of ,the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. 7. 1 0 C6-6 (4) 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 8780-8075), 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 re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The..Contractor will be held responsible 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 J order the damaged portion immediately removed and replaced by the :CGontractor 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 on incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for r which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) L._a advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. 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 additional rights -of -way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the ` affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified 'approval of the property owner has been secured in writing by the Contractor And a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of --way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property 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 A utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, he shall restore or h#ve 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. 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 C6-6 (7) 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 good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property'as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due 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 and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and [ Contractor. _. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any'and all persons, of whatsoever kind or - character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and Agree to assume all liability and responsibility of Owner, its officers' agents, servants and employees for property damage or r loss, and/or personal .injuries, including death, to any and all persons of whatsoever kind or character, whether real. or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8 ) in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising .. out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses,'or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a .. period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: Ma 1. The claim has been settled and a release has been obtained from the claimant involved, or No 2. Good faith efforts have been made to settle such outstanding claims, and 'such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time withinthe six month period, the Director may recommend that the final payment to the Contractor be made. At the C6-6 (9) E 0 expiration of the six month period the Director may recommend that final payment be made if all other work has been Performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation 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 damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not: be entitled V: 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 TEMP?RARY SEWER AND DRAIN CONNECTIQNS: When existing sewer lines ave to be taken up or removea, 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 C6-6 (10) 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 C'i.ty water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the -Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at -his own expense. Th:e..Contractor's responsibility in the use of all existing fire:,hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. rr Wh en,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. Allnecessary 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 performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the wner 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 C6-6 (11) thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying o'ut the provisions of these Contract. pbocuments 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 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. C6-6 (12) 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 (13) 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 workman under his immediate superintendance, 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 as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times; when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, 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 brief outlining in detail and step by step the manner of .r C7-7 (1) no 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 scuh 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 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 so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for 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 OF WQRRMEN AND.EQUIPMENT-: Local labor shall be used by the Contractor 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 summary dismissal of any person or persons employed by- t-h-e- 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 0 J C7-7 (2) 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 SYHEDULE: 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 proceeding Thursday.. b. Any work -to •be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any, work performed on such a specif is 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 (3) 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 . In adjusting the contract time for completion of work, consideration will be given to unforseeable 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 bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract.. time 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 1 L .:. C7-7 (4) h 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 wrk 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 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 Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 C7-7 (5) $ 500,001 to $1,000,000 inclusive $ 315.00 $110001001 to $2,000,000 inclusive $ 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 incapable or very difficult of accurate estimation, 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 un-satisfactory 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. 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 C7-7 (6) 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 EMERGEN�Y: Whenever, because of National Emergency, so declared by he President of. the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary -items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not W attributable in -whole or in part to the fault or neglect of the ,Contract, 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 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 ON operations within the time specified in the Work Order issued by the Owner. on w C7-7 (7) 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 promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. b. Substantial evidence of,collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. when work is suspended for any cause or causes, or when the contract is 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 C7-7 (8) 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 hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such 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. WA 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 such a manner as to 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 C7-7 (9) Ku been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7­7.16 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 effected by 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 becomes 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. L 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 notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, - if any, directed by the Engineer: C7-7 (10) W 0 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. S. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory•not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after 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. M C7-7 (11) a 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 be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work , pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the �. contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of "p 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 rs„ otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder bee 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 C7-7 (12) OR 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. K] 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 of 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 so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) dw PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT .. SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, -solid contents, numbers, and weights of the materials and items installed. CS-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, 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. r 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 subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) 0 0 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 completeing 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 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, imperfection, 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 loth 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, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% 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 the time of the estimate have not been installed. ('such payment will be allowed on a busts of 85% of the net invoice value thereof,) The Contractor shall furnish the Engineer such information as he may request to aid C8-8 (2) 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. 0 C8-8.7 FINAL ACCETANCE: Whenever the improvements provided for by the ContractDocuments shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in CS-8.8 below. C8-8..8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. C8-8 (3) The amount of the final estimate, less previous payments and any sum 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 Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employeA competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall. be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall const-itute 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 C8-8 (4) 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 andshall 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 outline. 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. ..o 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) Part C1. Supplementary General Conditions 03 SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS ,+ A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be .. deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the "* preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement �. within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. Revised Pg. 1 10/24/02 r7 0 an D. C3-3.11 INSURANCE:- Page C3-3 (6): Delete subparagraph °g. LOCAL AGENT FOR INSURANCE AND BONDING" •+ E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6- 6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and ' their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or emolovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or emplovees. 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 ®r with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. 77 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. Revised 10/24/02 Pg. 2 MW 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 as each pipe size but not to the various depth categories. 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 .r policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms ,.f or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. r 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 low 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 a' for contractor's insurance. Am Revised 10/24/02 Pg. 3 r Im aft j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage at 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. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. a* 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. Fs Revised 10/24/02 ME 04 0 v 1. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is .a deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract 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 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. .r Revised Pg. 5 10/24/02 04 r. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided r further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING'. L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: 0 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. 2* Revised 10/24/02 d" as (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 am expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 copies and under - 10 cents per page 2, More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter me 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. r N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES, ,ft 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: Revised Pg. 7 10/24/02 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. .. P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates .are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of �. Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. w Revised 10/24/02 M W PART D WATER SPECIAL CONDITIONS mm PART D - SPECIAL CONDITIONS so M 0* .+ 00 w ift .r m" WA 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 D- 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 D- 16 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES ........................... 11 D- 17 BID QUANTITIES........................................................................................................ 11 D- 18 CUTTING OF CONCRETE............................................................ __........ ................ . 11 D- 19 PROJECT DESIGNATION SIGN................................................................................. 11 D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ..................................... 12 D- 21 MISCELLANEOUS PLACEMENT OF MATERIAL....................................................... 12 D- 22 CRUSHED LIMESTONE BACKFILL............................................................................ 12 D- 23 2:27 CONCRETE.......................................................................... ..................... 13 D- 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.................................................................................. 19 D- 29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES ............... 20 D- 30 DETECTABLE WARNING TAPES.............................................................................. 22 D- 31 PIPE CLEANING......................................................................................................... 22 D- 32 DISPOSAL OF SPOIUFILL MATERIAL...................................................................... 22 D- 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 D- 38 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER.......... 28 D- 39 SAMPLES AND QUALITY CONTROL TESTING........................................................ 29 D- 40 TEMPORARY EROSION. SEDIMENT. AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) (NOT APPLICABLE) ............................. 30 D- 41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ........................ 31 D- 42 PROTECTION OF TREES, PLANTS AND SOIL ......................................................... 31 D- 43 SITE RESTORATION.................................................................................................. 32 D- 44 CITY OF FORT WORTH STANDARD PRODUCT LIST .............................................. 32 D- 45 TOPSOIL. SODDING, SEEDING & HYDROMULCHING............................................ 32 D- 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 D- 49 CONCRETE ENCASEMENT OF SEWER PIPE.......................................................... 38 f 1/29% rr PART D - SPECIAL CONDITIONS D- 50 CLAY DAM.................................................................................................................. 39 D- 51 EXPLORATORY EXCAVATION (D-HOLE)................................................................. 39 D- 52 INSTALLATION OF WATER FACILITIES................................................................... 39 52.1 Polyvinyl Chloride (PVC) Water Pipe........................................................................... 39 52.2 Blocking.......................................................................................................................39 52.3 Type of Casing Pipe.................................................................................................... 39 52.4 Tie-Ins......................................................................................................................... 40 52.5 Connection of Existing Mains....................................................................................... 40 52.6 Valve Cut-Ins............................................................................................................... 41 52.7 Water Services............................................................................................................ 41 52.8 2-Inch Temporary Service Line.................................................................................... 43 52.9 Purging and Sterilization of_Water Lines...................................................................... 44 52.10 Work Near Pressure Plane Boundaries....................................................................... 44 52.11 Water Sample Station................................................................................................. 44 52.12 Ductile Iron and Gray Iron 1=ittOpps............................................................................... 45 D- 53 SPRINKLING FOR DUST CONTROL......................................................................... 45 D- 54 DEWATERING............................................................................................................ 45 D- 55 .............................. TRENCH EXCAVATION ON DEEP TRENCHES ........................................................ 45 D- 56 TREE PRUNING......................................................................................................... 46 D- 57 TREE REMOVAL........................................................................................................ 46 D- 58 .......................................................... TEST HOLES ......................................... ........... 47 D- 59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION. 47 D- 60 TRAFFIC BUTTONS................................................................................................... 48 D- 61 SANITARY SEWER SER _VICE CLEAN- TS............................................................. 48 D- 62 TEMPORARY PAVEMENT REPAIR........................................................................... 48 D- 63 CONSTRUCTION STAKES......................................................................................... 48 D- 64 EASEMENTS AND PERMITS..................................................................................... 49 D- 65 PRE -CONSTRUCTION NEIGHBORHOOD MEETING ................................................ 49 D- 66 WAGE RATES........................................................................................................... 50 D- 67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ..................................... 51 D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE)........................................................................................................... 52 D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER .SYSTEMS .................................................... .................. ............. 54 D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................ 54 D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION..................................................... 54 D-72 AIR POLLUTION WATCH DAYS ...................................... ........ ...................................... 55 D-73 FEE FOR STREET USE PERMITS AND RE -INSPECTIONS ......................................... 55 11128106 SC-2 .. Em ma a PART D - SPECIAL CONDITIONS This Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 — Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive ..., to any provision in Part C — General Conditions and part C1 — Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C — General Conditions and Part C1 — Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: PROJECT DESCRIPTION TRINITY BLUFF Water Mastewater Improvements Peach and Pharr Streets from BNSF RR to Hays St. City of Fort Worth, Texas Section A: Water Improvements Section B: Wastewater Improvements Water Project No: P253-609170010283 Sanitary Sewer Project No: P258-709170010283 City of Fort Worth Project No: 00102 DOE # 4617 File X-19777 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract no Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: or 1. Plans 2. Contract Documents 3. Special Conditions r 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 .r specifications, except as modified by these Special Provisions: gT)2SC-3 no JIM PART D - SPECIAL CONDITIONS 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH pe 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS Oft Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas„„ 76102. The specifications applicable to each pay item are indicated by the call -out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. .. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contractp" 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. oft 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. 11128106 SC-4 PART D - SPECIAL CONDITIONS D-2 COORDINATION MEETING oft 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. OR D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. pa 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. rr 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 .t 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. rr C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. .r D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 11/28" 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 materiallyA 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. Oft I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: oft 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 0% b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) — days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 11128106 SC-6 L 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 During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. D- 5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM 11128M SC-7 r PART D - SPECIAL CONDITIONS an C-425 with series 300 stainless steel compression straps. Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, the cost of which shall be included in Oft 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 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. It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed.. 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. Im 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. Anv 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. 11128106 SC-8 a PART D - SPECIAL CONDITIONS .. 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 A. crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. D- 8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the '~ "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued .. under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d 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. Althouah work will not beain until the traffic control plan has been reviewed. the Contractor's time will beain in accordance with the time frame ,r 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. +r 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 locationststreets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The cost of the traffic control is subsidiary work and the cost of same shall be included in the price bid for pipe complete in place as bid in the Proposal, and no other compensation will be allowed. D- 9 DETOURS �- The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D- 10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and 1112ero6 SC-9 ZI PART D - SPECIAL CONDITIONS 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 may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D- 11 ZONING COMPLIANCE _ During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. an D- 12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. .. D- 13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner" as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. am D- 14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid'" items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: Sweeping the street clean of dirt or debris Storing excess material in appropriate and organized manner Keeping trash of any kind off of residents' property an If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%.- Final cleanup work shall be done for this project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway, right-of-way, -'• or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth Department of Engineering shall give final acceptance of the completed project work. D- 15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup. The Contractor shall not commence with water 11128106 SC-10 PART D - SPECIAL CONDITIONS Oft .r and/or sanitary sewer installation until such time that the survey cut -sheets have been received from the City inspector. 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." .r 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 Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D- 17 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the ... actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured 04quantities. To the extent that C44.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. D- 18 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D- 19 PROJECT DESIGNATION SIGN Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs shall be .� attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs 1112&V6 SC-11 r PART D - SPECIAL CONDITIONS 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 V-0" by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: aft (817) 871-8306 M-F 7:30 am to 4:30 p.m. or aft (817)871-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing ofr. Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. .. D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width,.. between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. .. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances' required, shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair. Am D- 21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one -tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D- 22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 - Materials and Division 2 Item 208.3 - Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials, Construction Specifications, and General Contract Documents. 11128106 SC-12 — ...,. ... •.,:-:F„ice / . PART D - SPECIAL CONDITIONS D- 23 2:27 CONCRETE „r Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call -out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D- 24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. ... 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back -fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in " existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: • Less than 10% passing the #200 sieve • P.I. = 10 or less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: r Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 111281M SC-13 nn 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 Am 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 an 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 am 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 2'000-3. 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 11128106 SC-14 PART D - SPECIAL CONDITIONS am 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. .. 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. 11128106 SC-15 No MW PART D - SPECIAL CONDITIONS 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. E. PAYMENT - Payment shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. '� D- 27 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in - addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under' construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per Figure 121. �- 2. WATERTIGHT MANHOLE INSERTS: Watertight gasket manhole inserts shall be installed in all sanitary sewer manholes. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. Stainless Steel manhole inserts shall be required for all pipe diameters 18" and greater. 3. LIFT HOLES: All lift holes shall be plugged with a pre -cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area — regarded near the manhole. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown r. on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. Certain teed Ductile Iron Manhole Lids and Frames are acceptable for use where locking lids are specified. 11128106 SC-1 6 PART D - SPECIAL CONDITIONS an 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 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. •o 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 .4 mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec °46-450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness. 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed O-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre -formed and trowelable Bitumastic as manufactured by Kent -Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross -sectional area or flat -tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other r 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. W B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above -specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand, mud, or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench. After removal of 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. 11128106 SC-17 on PART D - SPECIAL CONDITIONS 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, notify, the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, it 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. sm If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre -formed.. gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. on 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 allo` labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. '� The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation,"' backfill, disposal of materials, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to, joint sealing, lift hole sealing, and exterior surface coating.. Payment for concrete collars will be made per each. Payment for manhole inserts will be made per each. 1 v28/06 SC-18 om PART D - SPECIAL CONDITIONS me D- 28 SANITARY SEWER SERVICES Any reconnection, relocation, re-routes, replacement, or new sanitary sewer service shall be required .e as shown on the plans, and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case -by -case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15. am 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 wa 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 - holing at the building clean -out) the elevations (shown on the plans) at the building clean -out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied. Elevations shall also be verified at all bend locations on the service re-route. All applicable sewer mains, laterals and affected service lines that are installed without pre - construction de -holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de -holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two .� (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for 1112"6 SC-19 .. PART D - SPECIAL CONDITIONS which no grade verification has been submitted. All re-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 forte 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. 11128106 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 sm 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 AR 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 „M 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. K. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows: 11128106 SC-21 PART D - SPECIAL CONDITIONS 0 0 separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location. Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in!� the same trench (i.e., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES: Where plans call for abandonment of existing*` sewer mains after the construction of a new sewer main, the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new main. Once this•m determination has been made, the existing main will be abandoned as indicated above in Item I. D- 30 DETECTABLE WARNING TAPES am Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a — minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with am minimum unit weight of 2'/z pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: Tvpe of Utilitv Color Code Water Safety Blue Sewer Safety Green Leqends Caution! Buried Water Line Below 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.m 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/fill material, the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering — studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses. 1128106 S C-22 .. PART D - SPECIAL CONDITIONS MW 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 me 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 me receipt of payment. D- 34 SUBSTITUTIONS .. The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been .. specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The .. provisions of this sub -section as related to "substitutions" shall be applicable to all sections of these specifications. D- 35 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe - enlargement, cured -in -place pipe, fold and form pipe, slip -line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high -velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high -velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high -velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The ' equipment shall 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 diameter around the -. outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which 11/28/06 SC-23 r PART D - SPECIAL CONDITIONS cannot be collapsed, is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. .. 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high - velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand," and other materials and obstructions from the sewer lines and manholes. If 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 workingm procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the,. Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, including the water usage bill. All expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole^ section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the. City. 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE,. DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall'"' be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components'" of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. B. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of 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. 11128106 SC-24 oft PART D - SPECIAL CONDITIONS When manually operated winches are used to pull the television camera through the line, oft 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. A 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 am 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 ,m 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. 11128106 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 sewer are to be corrected. The Engineer will return tapes to the Contractor upon completion of review. SC-25 on PART D - SPECIAL CONDITIONS All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre -Construction Cleaning and Television Inspection of — sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the.. Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. Thee" cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D- 36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer — manholes. B. EXECUTION: 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged, and all drop -connections and gas sealing connections shall be installed prior to testing. The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop - connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be — turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C1244-93: 1112al06 S C-26 ., PART D - SPECIAL CONDITIONS Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" H 10111-1 - 9"Hg) (SEC) Depth of MH. 48-Inch Dia. 60-Inch Dia. (FT.) Manhole Manhole 0 to 16' 40 sec. 52 sec. 18' 45 sec. 59 sec. 20' 50 sec. 65 sec. 22' 55 sec. 72 sec. 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. Additional 2' 1. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one -inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal am 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. No 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. .. 1 112&06 SC-27 am PART D - SPECIAL CONDITIONS 0 D- 38 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television■. inspection performed by an independent sub -Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the.. sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be'm operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an" unsatisfactory inspection. C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer@= service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to^ move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps — shall be above ground by means of meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other suitable device, and the," accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the., passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow. If" sewer is active, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans. A copy of these television logs will be supplied to the City. •� 11/28/06 SC-28 +r 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 locgtp,jce connections, �e ,�rrip ctor shall be required to re -televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this ^^ portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. D. PAYMENT OF POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post -construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the .. particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item - Post -Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D- 39 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. 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 11128106 S C-29 PART D - SPECIAL CONDITIONS will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the"" contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations'' requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. *W D- 40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) (NOT APPLICABLE) 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, temporarym seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible -earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control" devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of- way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such. permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the Engineer. .. 2. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. .. 3. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be.. operated in live streams. 1 1/2a/os SC-30 PART D - SPECIAL CONDITIONS 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 entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 5. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. .. 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and .. reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D- 41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D- 42 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than existed prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, �- removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights -of -Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class 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 be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. 11128106 SC-31 M e PART D - SPECIAL CONDITIONS No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D- 43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after, completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one -tenth (0.1) of a foot. OM 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 isrr suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be. placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways. 2. SODDING DESCRIPTION: Sodding will consist of furnishing and planting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these -- grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of. dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. 11128106 SC-32 an PART D - SPECIAL CONDITIONS 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. 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. do 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 .4 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 11128106 SC-33 M PART D -SPECIAL CONDITIONS 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: a. General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed. Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. ,. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination: ~ Common Name Puri 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) r„ 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 04 Total: 100 Total: 100 Total: 100 Table, 120.2.(2)b oft 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. 11128106 SC-34 an aw PART D - SPECIAL CONDITIONS am 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. 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. ow 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 three -tenths (0.3) gallons per square yard. It shall be applied to the area in w SC-35 11/2a/O6 PART D - SPECIAL CONDITIONS such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth. 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. The4" cool season species shall be mowed down to a height of one (1) inch to insure that slit -seeding equipment will be able to cut through the turf and achieve adequate soil penetration. 0" * 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. 0 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 pa 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". oft 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. M 11128106 SC-36 .. am PART D - SPECIAL CONDITIONS an 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 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. am 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. 11128106 SC-37 0 PART D - SPECIAL CONDITIONS 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. M 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. on 11. Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection" of PART C - GENERAL CONDITIONS. .e 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 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. 11128106 SC-38 PART D - SPECIAL CONDITIONS D- 50 CLAY DAM ow 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 im 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 Am subsidiary to the price bid for pipe installation. D- 51 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction, in accordance with item D-6. At locations identified on the drawings, contractor shall conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of -"' the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). �. Payment shall not be made for verification of existing utilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals ., necessary to complete the work, shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D- 52 INSTALLATION OF WATER FACILITIES 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with Im 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. EM 11/28/06 52.3 Type of Casing Pipe 1. WATER: SC-39 MW PART D - SPECIAL CONDITIONS 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 go 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. an Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade.. Waterworks Manufacturing Company or an approved equal shall be used on all non -concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. me 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,.ft 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 ofMa 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. �. 11128106 SC-40 PART D - SPECIAL CONDITIONS .. 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. 52.7 Water Services The relocation, replacement, or reconnection of water services will be required as shown on .ft 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 va 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 & at 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. am 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. am 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. 11128106 S C-41 PART D - SPECIAL CONDITIONS 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. on 2. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street.. reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 3. 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 00 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. -� 11128106 SC-42 Mb an mo PART D - SPECIAL CONDITIONS 5. 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). 6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple .r 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 A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water .service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be .,. cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out -of -service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re -install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately 11128106 S C-43 PART D - SPECIAL CONDITIONS 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 willme 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 ifo" 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'P use will require a separate hydrant meter obtained by the Contractor, at its cost, from thee w Water Department. 52.9 Purging and Sterilization of Water Lines OR Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization.. of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of, fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de -chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. 52.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 52.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be 'W 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), -s corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 11128106 S C-44 PART D - SPECIAL CONDITIONS .e 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 on 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. .a 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. dft 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: E2-7.11 DUCTILE -IRON AND GRAY -IRON FITTINGS: All ductile -iron and gray -iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full, for all fittings, joint accessories, polyethylene 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 11128106 S C-45 PART D - SPECIAL CONDITIONS Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition. D- 56 TREE PRUNING .. A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner Oft C. NATURAL RESOURCES PROTECTION FENCE .. 3. Steel °T" = Bar stakes, 6 feet long. 4. Smooth Horse -Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). -� 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 7. Survey and stake location of root pruning trenches as shown on drawings. MA 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.r 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 now,, 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 11128106 S C-46 MM ar PART D - SPECIAL CONDITIONS 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. �t D- 58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders. If test borings have been made and are provided for bidder's information, at the locations shown on the logs of borings in the appendix of this specification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations, as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site. The cost of all rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe. D- 59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's - after-hours phone number. A sample of the `pre -construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. 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 n interruption to the front door of each affected resident. The notice shall be prepared as follows: 11128106 SC-47 PART D - SPECIAL CONDITIONS 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. 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 W* 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. 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 pavement. D- 63 CONSTRUCTION STAKES 11128106 SC-48 .. PART D - SPECIAL CONDITIONS The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction, and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc.), and one set of +� excavation/or stabilization stakes, and one set of stakes for curb and gutter/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost, destroyed, or disturbed, to prevent the proper prosecution and control of the work ,- contracted for in the Contract Documents, it shall be the Contractor's responsibility, at the Contractor's sole expense, to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. D- 64 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right -of -entry agreements, and/or permits to perform work on private property. The City has attempted to obtain the temporary construction and/or right -of -entry agreements for properties where construction activity is necessary on City owned facilities, such as sewer lines or manholes. For locations where the City was unable to obtain the easement or right -of -entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the plans desk at the Department of Engineering, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. ^ The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. 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 thoroughly reviewing, understanding and 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 railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance, 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 11128106 S C-49 PART D - SPECIAL CONDITIONS After the pre -construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected"' schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre - construction conference but in no case will construction be allowed to begin until this meeting is — held. D- 66 WAGE RATES Compliance with and Enforcement of Prevailing Wage Laws Dutv to pav Prevailina Waae Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of - Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penaltv for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and Citv Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial, determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Reauired if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a -- penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day .�.. after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11 th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the 11/28/06 SC-50 PART D - SPECIAL CONDITIONS actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain w' to this inspection. Pay Estimates. oft With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at ,r all times. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors .r to comply with paragraphs (a) through (g) above. (Wage rates are attached at the end of this section.) (Attached) D- 67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE "MM 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, dft regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category II, non -friable material in its intact state but am 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 �t sible 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 11128106 SC-51 PART D - SPECIAL CONDITIONS assumes no responsibility for compliance programs, which are the responsibility of the - Excavator. (Copy of forms attached) _ F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. MM D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or'� five or more acres of total land (Large Construction Activity). The contractor is defined as an °operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http:l/www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be •� obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical i controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOh: 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 0 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. i The NOT should be mailed to: Texas Commission on Environmental Quality i 11128106 SC-52 i PART D - SPECIAL CONDITIONS L� Storm Water & General Permits Team; MC-228 P.O. Box 13087 an Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY — DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The ` contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the " preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the +� contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of .. the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ,r 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 r. 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. N. 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. 11128106 SC-53 no PART D - SPECIAL CONDITIONS D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS we It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project, the Contractor must coordinate this activity through the appropriate City representative. The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre -qualified contractor who is the apparent low bidder(s) for.. a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non- responsive. Affected contractors will be notified in writing of a recommendation to the City Council. oft 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 so schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the M 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 i 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. 11128106 S C-54 0 ma PART D - SPECIAL CONDITIONS 4. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. D-72 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". 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 r► 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 ,r 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 subsidiary to the contract cost and no additional compensation shall be made. 1112aro6 SC-55 .r FORTWORTH _ Dom: DOE NO. XXXX 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 r„ IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT am (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR r* 11128106 PART D - SPECIAL CONDITIONS F TEXAS DEPARTMENT OF HE&TH NOTE CIRCLE fFEMS THAT ARE AMENDED DEMOLITION f RENOVATION NOTIFICATION FORM T ID H OTIFICATION:tt_ . fj Abatement Contractor, TDW L jcwm Nurn�er Address ; Ofka-Phone Number. t t �� _Job Site phone Number: State: Gi Site Supervisor: TON Uoer o Number . Site Supervisor: TON License Number. Trained On -Site NESHAP IndivWuel: Gertiwc,;t2iori' W DemoNtiort Contractor. Qf!>ce Phone Nurmb*rL l _ Sk6e: Z Praiact Consultant croperador, . �;p „ „ ,y_TON Upense ar MisIng Adder: CRy: stale _ �Zgsti ate Phone Number. (_ 1 Facility Owner Attention: Maill og Address: Nett iTho �ei+tesi oar• t)ev notification fee will toe sent to the ownerof the building gone Nurriher j .l. tl' � k r, p "` g d the billing addr"s for the Imeoicer will be obtained *am the intormation th*t is provided in this section. 4) Descripbon of Facility Name Physical ddr ' �ctn �_ ' .. , Zip:— Fa cility t+Iurnhcr{ Facillity Contact Person DeScrption of ArsalRonm Number_�,r •_, ,:.. ,: , Prior Use: Futures uso:— ..�......� Age of 6uilding;'Facililtr: Sizo: Number or ors; ooE -12): D YES 0 NO 5) Type of Work: ❑ Demolition n Renovation (Abaterriont) Q Ants" Can&Widateed Work will be during: 0 ray ❑ Evening 0 f m 0 phaed Project Description of work schedtAw, . , , B) Is this a Public Building? ❑ YES 0 NO Federal Facility? - YES NO Industrial Site? ❑ YES 0 NO NESHAP4Wy Facility? ❑ YES ❑ NO Is Eul(dirofFachity Occuplad7 Cl YES 0 NO 7) Notification Type CHECK ONLY ONE a Original (10 Working Oays) ❑ Cancellation ❑ Amendment 0 ErnergeneyfOrdered if this is an amendment, which amendment number Is this? (Enclose copy of original andlor fast amendment) if an emergency, who did you tall(with at TDH? � „�, Emwgen : . Date and Flour of Emergency (HFIdMMODIYY): De=tprw of the sudden, unexpected event and explanation of now the event caused unsafe conditions or Wotdd cause equipment damage (computers, machinery, eta B) Dascriplion of procedures to be followed in the event that anexpaeW ashestas is found or previously non -friable asbestos material becomes rrurnbled. pulverized, or reduced to powder, 9) Was are Asbestos survey performed? 11 YES G NO Data: ! d TON Inspector t icense No:, Ana"cal Method: 0 PLM 0 TEM 0 Assumed TDH Laborafoey License No (For T'AHPA, (public buckling) pro(ecls: an assumption must be made by a TD4 Ljc�flsetln&"Pactar) 10) Description of planned demolition or renovation work, type of material, and method(s) to be used: t 1) Ds=ipiian of work practides and engineering caonb'elts to be used to prevent art issiom of asbestos at the demollEioWrenavafan: SC-57 04 1, 1 qV V v,,,c f PANT D - SPECIAL CONDITIONS 12) ALL applicable items in the felkcwing table must be completed: IF NO ASBESTOS PRESENT CHECK H5RE D r No as 13) Waste Transporter Name: TDH License Number, Address: CRY.. State: Zip Contact Person: Pipe hiar bdr. I i 14) Waste DiSpoaal Site Tellephone: t x TNRCC Permit Number. 15) For s1ructuraily unsound facilities, attach a riapy of demalibarn order and kientifyGovernmental Olficial below: Name:_ _.._ _ Reaistratiart No: j= Title: Date of order (MMIDUYY), _ / ... f Dale order to begin (M&VJ>DNY) I IS) Scheduled Oates of Asbestos Abelememt (PAMIDWYY) Start i I Complete: I I .. 11) Scheduled Dates DemolitloniRenovabon (M0-VDDIYY) Start: I_ . completa., I I " Note: 0 the start date an this natiheatir n can not bo met, the TOM 1Wgional or Local Program office Afars! be contacted by phone prior to the start date. Failure to do so Is a vlalation In accordance to TAMPA, Svaon 205.61. rr I hereby caeriify that all information I have provided is correct, complete. and irate to the best of my knowledge. I ackno•Amledge that I am responsible for all aspects of the notification form, including, but not limiting, content and submission dates. The maximum penalty is $10,000 per day per violation. t___ -_} (Signature of Building Owanerf Operator (PrinW t+ 66 (Date) (Telephone) or Delegated ConsuttantlContraictor) (Fax Number) I~..1AIL TO: ASBESTOS NOTIFICATION SECTION i TOXIC 5U8STANCES CONTROL DIVISION TEXAS DEPARTMENT OF tiEALTH *FaJKdS aid not aCCQPtdd• P O BOX 143538 "Faxes arc not accepto d" A JSTIN, TX ?8-(19-3538 FAH: 512-834-ONO. 1-800-572-5548 Form AP8#5, dated 07/2WZ Replaces TDH farm dated 07/1301. Aorassistance In completing Iorrn, calf 1-SW-572.5548 11128106 SC-58 .s rr so oft .. .r +e .r .m A* oft 0 PART DA ADDITIONAL SPECIAL CONDITIONS ml PART DA - ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS (OMITTED) ... 4 DA-2 PIPELINE REHABILITATION CURED -IN -PLACE PIPE (OMITTED).........................4 oft DA-3 PIPE ENLARGEMENT SYSTEM (OMITTED)........................................................... 4 DA-4 FOLD AND FORM PIPE (OMITTED)........................................................................4 DA-5 SLIPLINING (OMITTED)................•--..................................---..................................4 DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT.....................................................4 DA-7 TYPE OF CASING PIPE...........................................................................................7 DA-8 SERVICE LINE POINT REPAIR/CLEANOUT REPAIR (OMITTED) ..........................8 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION.................8 `mm DA-10 MANHOLE REHABILITATION (OMITTED) DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMITTED) ........ 10 DA-12 INTERIOR MANHOLE COATING — MICROSILICATE MORTAR SYSTEM (OMITTED)...............................................................................................................................10 DA-13 INTERIOR MANHOLE COATING — QUADEZ SYSTEM (OMITTED) ......................10 DA-14 INTERIOR MANHOLE COATING — SPRAY WALL SYSTEM..................................10 .. DA-15 INTERIOR MANHOLE COATING — RAVEN LINING SYSTEM...............................13 DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPDXY LINER (OMITTED)...............................................................................................................................15 DA-17 INTERIOR MANHOLE COATING — STRONG -SEAL -SYSTEM (OMITTED) ........... 15 DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMITTED)............................................15 DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMITTED) ........................15 DA-20 PRESSURE GROUTING (OMITTED).....................................................................15 DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMITTED)......................16 DA-22 FIBERGLASS MANHOLES (OMITTED)..................................................................16 DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES .................16 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER........................................16 DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS.................................................17 DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE .........................................17 DA-27 .............................. GRADED CRUSHED STONES ............................... ..................18 DA-28 WEDGE MILLING 2" TO 0° DEPTH 5.0' WIDE (OMITTED)....................................18 DA-29 BUTT JOINTS — MILLED (OMITTED).....................................................................18 •• DA-30 2° H.M.A.C. SURFACE COURSE (TYPE "D° MIX)..................................................18 DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER.........................................18 DA-32 NEW 7° CONCRETE VALLEY GUTTER.................................................................19 ,. DA-33 NEW 4" STANDARD WHEELCHAIR RAMP............................................................20 DA-34 8" PAVEMENT PULVERIZATION...........................................................................20 DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) (OMITTED) ... 21 DA-36 RAISED PAVEMENT MARKERS (OMITTED).........................................................21 .r DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMITTED)............................................................................................................................... 21 DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL OMITTED DA-39 ROCK RIPRAP — GROUT — FILTER FABRIC (OMITTED) ...................................... 21 DA-40 CONCRETE RIPRAP (OMITTED.......................................................... .................21 DA-41 CONCRETE CYLINDER PIPE AND FITTINGS ......................................... .....21 DA-42 CONCRETE PIPE FITTINGS AND SPECIALS.......................................................21 DA-43 UNCLASSIFIED STREET EXCAVATION................................................................22 --� DA-44 6" PERFORATED PIPE SUBDRAIN DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS.................................................23 DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION...........................................23 DA-47 PAVEMENT REPAIR IN PARKING AREA (OMITTED) ........................................... 24 DA-48 EASEMENTS AND PERMITS ............................ me 11102104 ASC-1 PART DA - ADDITIONAL SPECIAL CONDITIONS 0 0 DA-49 HIGHWAY REQUIREMENTS (OMITTED)..............................................................24 DA-50 CONCRETE ENCASEMENT...................................................................................24 DA-51 CONNECTION TO EXISTING STRUCTURES........................................................24 am DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMITTED) ...........25 DA-53 OPEN FIRE LINE INSTALLATIONS (OMITTED)....................................................25 DA-54 WATER SAMPLE STATION (OMITTED.................................................................. 25 aft DA-55 CURB ON CONCRETE PAVEMENT.......................................................................25 DA-56 SHOP DRAWINGS..................................................................................................25 DA-57 COST BREAKDOWN (OMITTED)...........................................................................26 oft DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY (OMITTED) ........... 26 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP (OMITTED)............................................26 DA-60 ASPHALT DRIVEWAY REPAIR (OMITTED)...........................................................26 DA-61 TOP SOIL................................................................................................................26 am DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT...............26 DA-63 BID QUANTITIES (OMITTED).................................................................................27 DA-64 WORK IN HIGHWAY RIGHT OF WAY (OMITTED).................................................27 "' DA-65 CRUSHED LIMESTONE (FLEX-BASE)..................................................................27 DA-66 OPTION"TO RENEW (OMITTED)........................................................................... 27 DA-67 NON-EXCLUSIVE CONTRACT (OMITTED)..........................................................27 .. DA-68 CONCRETE VALLEY GUTTER.............................................................................. 27 DA-69 TRAFFIC BUTTONS (OMITTED)............................................................................27 DA-70 PAVEMENT STRIPING (OMITTED)........................................................................27 DA-71 H.M.A.C. TESTING PROCEDURES (OMITTED)....................................................27 DA-72 SPECIFICATION REFERENCES............................................................................27 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK -FLOW PREVENTER/CONTROL VALVE AND BOX (OMITTED)..................................................................................................27 DA-74 RESILIENT -SEATED GATE VALVES..................................................................... 27 DA-75 EMERGENCY SITUATION, JOB MOVE-IN.............................................................27 DA-76 1 '/z" & 2" COPPER SERVICES OMITTED DA-77 SCOPE OF WORK (UTIL. CUT) (OMITTED).......................................................... 28 DA-78 CONTRACTOR'S RESPONSIBILITY (UTIL. CUT) (OMITTED)...............................28 DA-79 CONTRACT TIME (UTIL. CUT) (OMITTED) ................... DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMITTED) ..........28 DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMITTED) .............................28 DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMITTED).................................................28 DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMITTED)................................................28 DA-84 TRENCH BACKFILL (UTIL. CUT) (OMITTED) ...................................... ..................28 DA-85 ........................... CLEAN-UP (UTIL. CUT) (OMITTED) .................................... ........28 DA-86 PROPERTY ACCESS (UTIL. CUT) (OMITTED)......................................................28 DA-87 SUBMISSION OF BIDS (UTIL. CUT) (OMITTED) ....................................... ............28 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMITTED).........................28 DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) (OMITTED) ....... 28 DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMITTED)........................................28 DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMITTED)................................................................................................ ....................... 28 - DA-92 MAINTENANCE BOND (UTIL. CUT) (OMITTED)....................................................28 DA-93 BRICK PAVEMENT (UTIL. CUT) (OMITTED).........................................................28 DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMITTED)......................................28 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMITTED)................................28 DA-96 REPAIR OF STORM DRAIN/STRUCTURES (UTIL. CUT) (OMITTED)...................28 DA-97 "QUICK -SET" CONCRETE (UTIL. CUT) (OMITTED)..............................................29 - DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMITTED) ........................ ....................29 11102104 ASC-2 on PART DA - ADDITIONAL SPECIAL CONDITIONS DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMITTED)............................................................................................................................... 29 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMITTED)................29 DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) (OMITTED)..................................29 DA-102 PAYMENT (UTIL. CUT) (OMITTED)......................................................................29 DA-103 DEHOLES (MISC. EXT.) (OMITTED).....................................................................29 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMITTED)...................................29 DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMITTED)........................29 DA-106 BID QUANTITIES (MISC. EXT.) (OMITTED)...........................................................29 DA-107 LIFE OF CONTRACT (MISC. EXT.) (OMITTED).....................................................29 DA-108 FLOWABLE FILL (MISC. EXT.) (OMITTED)............................................................29 DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) (OMITTED).......................................29 DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) (OMITTED) ......... 29 DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) (OMITTED)..........................29 DA-112 MOVE IN CHARGES (MISC. REPL.) (OMITTED).................... ................................ 29 DA-113 PROJECT SIGNS (MISC. REPL.) (OMITTED)........................................................29 DA-114 LIQUIDATED DAMAGES (MISC. REPL.) (OMITTED).............................................29 DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMITTED).........................29 DA-116 FIELD OFFICE (OMITTED)....................................................................................29 DA-117 TRAFFIC CONTROL PLAN (OMITTED).................................................................29 DA-118 COORDINATION OR WORK WITH CONTRACTOR FOR OTHER UNITS (OMITTED) ..............................................................................................................................29 DA-119 BNSF RR CASING PIPE SPECIFICATIONS...........................................................29 DA-120 CONCRETE PRESSURE PIPE, BAR -WRAPPED STEEL CYLINDER TYPE .........31 DA-121 BURIED STEEL PIPE AND FITTINGS....................................................................41 DA-122 CATHODIC PROTECTION (OMITTED)..................................................................69 DA-123 GRAVEL DRIVEWAY REPAIR (OMITTED..............................................................69 DA-124 REPLACEMENT OF TREES (OMITTED) ................................... DA-125 ADDITIONAL CITY OF FORTH WORTH WATER DEPARTMENT REQUIREMENTS FOR PIPE INSTALLED BY OTHER THAN OPEN CUT............................................................69 mm .o 11102104 ASC-3 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS (OMITTED) DA-2 PIPELINE REHABILITATION CURED -IN -PLACE PIPE (OMITTED) DA-3 PIPE ENLARGEMENT SYSTEM (OMITTED) .. DA-4 FOLD AND FORM PIPE (OW 'c DA-5 SLIPLINING (OMITTED) •• DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT A. GENERAL: 1. Furnish materials and necessary accessories, with strengths, thickness, im coatings, and fittings indicated, specified and/or necessary to complete the work. 2. All excavation shall provide an open area conforming to the outside diameter of the casing and/or carrier conduit. The excavation shall be to an alignment and 'ft grade which will allow the carrier conduit to be installed to proper line and grade as shown on the Plans and as established in the Specifications. 3. Work shall be performed in accordance with the requirements of the City of Fort Worth Water Department, the Texas Department of Transportation, or railroad company, as applicable. B. MATERIALS: am 1. Casing Pipe: Casing pipe shall be steel conforming to ANSI B36.10 and the following: a. Field Strength: 35,000 psi minimum. b. Wail thickness: 0.312 in. minimum (0.5 for railroad crossings). C. Diameter: As shown on the drawings (minimum size requirements). d. Joints: Continuous circumferential weld in accordance with AWS D1.1. 2. Carrier Pipe in Casing: Carrier pipe shall be as shown on drawings and as specified in the General Contract Documents. 3. Sewer Pipe without Casing Pipe: Shall be minimum Class 51 ductile iron pipe, or as designated on the plans. 4. Grout: Grout shall be Portland Cement grout of min. 2000 psi compressive strength at 28 days. Proportioned not less than 1 cu. ft. of cement to 3 cu. ft. of fine sand with sufficient water added to provide a free flowing thick slurry. 11102104 ASC-4 an am PART DA - ADDITIONAL SPECIAL CONDITIONS C. EXECUTION .. 1. Where sewer pipe is required to be installed under railroad embankments or under highways, streets or other facilities in other than open cut, construction shall be performed in such a manner so as to not interfere with the operation of .. the railroad, street, highway, or other facility, and so as not to weaken or damage any embankment or structure. During construction operations, barricades and lights to safeguard traffic and pedestrians shall be furnished and maintained, until such time as the backfill has been completed and then shall be removed from the site. 2. Pits and Trenches: a. If the grade of the pipe at the end is below the ground surface, suitable pits or trenches shall be excavated for the purpose of conducting the jacking or tunneling operations and for placing end joints of the pipe. Wherever end trenches are cut in the sides of the embankment or beyond it, such work shall be sheeted securely and braced in a manner to prevent earth from caving in. b. The location of the pit shall meet the approval of the Engineer. C. The pits of trenches excavated to facilitate these operations shall be backfilled immediately after the casing and carrier pipe installation has .r been completed. 3. Boring and Jacking Steel Casing Pipe: Steel casing pipe shall be installed by boring hole with the earth auger and simultaneously jacking pipe into place. a. The boring shall proceed from a pit provided for the boring equipment and workmen. The holes are to be bored mechanically. The boring shall be done using a pilot hole. By this method an approximate 2-inch hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot •• hole shall serve as the centerline of the larger diameter hole to be bored. Other methods of maintaining line and grade on the casing may be approved if acceptable to the Engineer. Excavated material shall be placed near the top of the working pit and disposed of as required. The use of water or other fluids in connection with the boring operation will be permitted only to the extent required to lubricate cuttings. Jetting or sluicing will not be permitted. b. In unconsolidated soil formations, a gel -forming colloidal drilling fluid consisting of at least 10 percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. M C. Allowable variation from the line and grade shall be as specified under paragraph A.2. All voids between bore and outside of casing shall be .. pressure grouted. r f 1102104 ASC-5 ,1 oft PART DA - ADDITIONAL SPECIAL CONDITIONS 4. Installation of Carrier Pipe in Casing: a. Sanitary sewer pipe located within the encasement pipe shall be supported by "skids" or "bands" to prevent the pipe and bells from snagging on the inside of the casing, and to keep the installed line from resting on the bells. b. All skids shall be treated with a wood preservative. Skids should extend for the full length of the pipe with the exception of the bell area and spigot .ft area necessary for assembly unless otherwise specified. C. The Contractor shall prevent over -belling the pipe while installing it on through the casing. A method of restricting the movement between the assembled bell and spigot where applicable shall be provided. d. At all bored, jacked, or tunneled installations, the annular space between the carrier pipe and casing shall be filled with grout. Care must be taken that not too much water is forced into the casing so as not to float the pipe. The backfill material will not be required unless specified on the plans and specified by the Engineer. e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing, as shown on the drawings or as required by the Engineer. 5. Boring and Jacking Ductile Iron Pipe without Casing Pipe: a. As indicated on drawings and as required and directed by the Engineer so sewer shall be constructed of bore and jacked ductile iron pipe. b. When a casing pipe is not designated on the drawings, the contractor oft shall provide a casing pipe if necessary to achieve line and grade. Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation By Other than Open Cut. .. C. Bore and jack in accordance with paragraph C.3. above. d. Short length of sewer consisting of a single pipe section may be installed —6 by jacking without a bore hole if permitted by the Engineer and in soft soil layer. All voids outside of installed pipe shall be pressure grouted. 6. Tunneling: Where the characteristics of the soil, the size of the proposed pipe, or the use of monolithic sewer would make the use of tunneling more satisfactory than jacking or boring, or when shown on the plans, a tunneling method may be r. used, with the approval of the Engineer or railroad/highway officials. a. When tunneling is permitted, the lining of the tunnel shall be of sufficient strength of support the overburden. The Contractor shall submit the ' proposed liner method to the Engineer for approval. The tunnel liner design shall bear the seal of a licensed professional engineer in the State of Texas. Approval by the Engineer shall not relieve the Contractor of the responsibility for the adequacy of the liner method. 11102104 ASC-6 PART DA - ADDITIONAL SPECIAL CONDITIONS dw b. The space between the tunnel liner and the limits of excavation shall be am pressure grouted or mud jacked. C. Access holes for placing concrete shall be space at maximum intervals of .. 10 feet. D. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut will be sm measured by the linear foot of pipe, complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed. The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit am Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type, size, and class of pipe specified as shown on plans. The furnishing of all materials, pipe, liner materials required for installation, for all preparation, hauling and installing of same, and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be included in the Contract Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement, which if required, shall be paid separately. DA-7 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: A. 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. B. 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. Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company, Advanced Products and Systems, Inc., or an approved equal shall be used on all • non -concrete pipes when installed in casing. Installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. r IN 11102104 ASC-7 on PART DA — ADDITIONAL SPECIAL CONDITIONS DA-8 SERVICE LINE POINT REPAIR/CLEANOUT REPAIR (OMITTED) DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION om A. GENERAL: Scope: This section governs all work, materials and testing required for the application of interior protective coating. Structures designated to receive interior coating are listed on the construction drawings. The structures are to be coated, •• including interior wall, top and bench surfaces. Protective coating for corrosion protection shall meet the requirements of this Specification (and items DA-14 and DA-15) and the Manufacturers recommendations and specifications. .. 2. Description: The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of an protective coating of structures in accordance with manufacturer's recommendations. 3. Manufacturer's Recommendations: Materials and procedures utilized for the lining process shall be in strict accordance with manufacturer's recommendations. 4. Corrosion Protection: Corrosion protection may be required on all structures where high turbulence or high H2S content is expected. B. MATERIALS: Scope: This section governs the materials required for completion of protective an coating of designated structures. 2. Protective Coating: The protective coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq, Inc. or a two-part epoxy resin system using 100% solids based epoxy binder with fibrous and flake fillers, is manufactured by Raven Lining systems and designated as Raven 405. 3. Specialty Cement (if required for leveling or filling): The specialty cement -based coating material shall be either Quadex QM-1 s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 4. Material Identification: The protective coating material sprayed onto the surface .. of the structure shall be a urethane or epoxy resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the minimum physical properties as follows: Property , ,,, ,,,,,,,,,,,,,, aandar4, bona Term Value Tensile Strength ASTM D-638 5,000 psi Flexural Stress ASTM D-790 10,000 psi Flexural Modulus ASTM D-790 550,000 psi 11/02/04 ASC-8 r� PART DA - ADDITIONAL SPECIAL CONDITIONS -- 5. Mixing and Handling: Mixing and Handling of specialty cement material and protective coating material, which may be toxic under certain conditions shall be .m in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials .. are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the coating material shall perform the spray coating operations and coating installations. C. EXECUTION: .. 1. General: Protective coating shall not be installed until the structure is complete and in place. 2. Preliminary Repairs: a. All foreign materials shall be removed from the interior of the structure i using high pressure water spray (3500 psi to 4000 psi at spray tip). b. All unsealed lifting holes, unsealed step holes, and voids larger than .. approximately one-half (1/2) inch in thickness shall be filled with patching compound as recommended by the material supplier for this application. .. C. After all repairs have been completed, remove all loose material. 3. Protective Coating: a. The protective coating shall be applied to the structure from the bottom of the frame to the bench, down to the top of the trough. The top of the structure shall also be coated. b. The protective coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of all foreign materials and matter. 2) Place covers over the invert to prevent extraneous material from entering the sewers. 3) If required for filling or leveling, apply specialty cement product to provide a smooth surface for the coasting material. 4) Spray the urethane or epoxy onto the structure wall and "f bench/trough to a minimum uniform thickness of 125 mils (0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. After the walls are coated, the wooden bench covers shall be removed. 5) The final application shall have a minimum of three (3) hours cure time or be set hard to the touch, before being subjected to active flow. 11102104 ASC-9 EM PART DA - ADDITIONAL SPECIAL CONDITIONS .. 6) No applications shall be made to frozen surfaces or if freezing is expected to occur inside the structure within 24 hours after application. 4. Testing of Rehabilitated Manholes: Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with the Section D-36 — VACUUM TESTING OF SANITARY SEWER MANHOLES. .. D. MEASUREMENT AND PAYMENT: Payment shall be based on the Contract Unit Price Bid per vertical foot, measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment and material testing required to complete the work. Pressure grouting, if necessary to stop active infiltration prior to application of the _ protective coating, shall be included in the above unit price. Grouting of the pipe seals, bench and trough, and lower portion of a particular structure, if required by the Engineer, shall be paid for separately, as specified in Section DA-10, MANHOLE REHABILITATION. DA-10 MANHOLE REHABILITATION (OMITTED) DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMITTED) DA-12 INTERIOR MANHOLE COATING — MICROSILICATE MORTAR SYSTEM .. (OMITTED) DA-13 INTERIOR MANHOLE COATING — QUADEZ SYSTEM (OMITTED) 00 DA-14 INTERIOR MANHOLE COATING —SPRAY WALL SYSTEM A. GENERAL a' 1. Scope This section governs all work, materials and testing required for the application of interior manhole coating. Manholes designated for interior coating are listed on the Manhole Rehabilitation Schedule. Interior manhole coating shall meet the .• requirements of this Section or of Section DA-12, DA-13, DA-15, DA-16 or DA- 17. 2. Description The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of interior coating of manholes in accordance with the Contract Documents. 3. Manufacturer's Recommendations Materials, mixture ratios, and procedures utilized for the coating process shall be in accordance with manufacturer's recommendations. "` 11/02/04 ASC-10 a. dM PART DA - ADDITIONAL SPECIAL CONDITIONS 4. Manholes MR Manholes to be coated are of brick, block, or concrete construction. All manholes shall have a minimum of one-half (112) inch specialty cement -based coating material (Quadex QM-1 s or Reliner MSP) sprayed or trowelled on .m coating over the original interior surface. B. MATERIALS Scope This section governs the materials required for completion of interior coating of .. manholes. 2. interior Coating .. The interior coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by .. Sprayroq, Inc. 3. Specialty Cement .. The specialty cement -based coating material shall be either Quadrez QM-1 s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. ON 4. Material Identification The interior manhole coating material sprayed onto the surface of the manhole shall be a urethane resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the physical properties as �- follows: Propertv Standard Lona Term Value • Tensile Strength ASTM D-638 5,000 psi Flexural Stress ASTM D-790 10,000 psi Flexural Modulus ASTM D-790 550,000 psi 5. Mixing and Handling Mixing and Handling of specialty cement material and interior coating material, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer an din such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly *t familiar with the handling of the coating material shall perform the spray coating operations and coating installations. .. C. EXECUTION - 11102104 ASC-11 PART DA - ADDITIONAL SPECIAL CONDITIONS r 1. General Manhole coating shall not be installed until sealing of manhole frame and grade adjustments, or partial manhole replacement when required for the manhole per the Manhole Rehabilitation Schedule, is complete. 2. Temperature Normal interior coating operation shall be performed at temperatures of 40OF or •b greater. No application shall be made when freezing is expected within 24 hours. 3. Interior Manhole Coating ,. a. The interior coating shall be applied to the manhole from the bottom of the frame to the bench, down to the top of the trough. b. The interior coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of all foreign materials and matter. Cleaning shall be accomplished by using high pressure water spray (minimum 3500 psi at spray tip), cleaning with muriatic acid, degreaser, or other solvents as needed in order to remove any film or residue on the surface. 2) Place covers over the invert to prevent extraneous material from entering the sewers. 3) Apply a minimum of one-half (1/2) inch specialty cement product (Quadex QM-1 s or Reliner MSP) smooth surface for the urethane coating material. 4) Spray the urethane onto the manhole wall and bench/trough with a minimum thickness of 125 mils (0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. 5) Coat trough area with specialty cement product (Quadex QM-1 s or Reliner MSP). 4. Testing of Rehabilitated Manholes a. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA-21. D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot, measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment and material testing required to complete the work. Grouting, if necessary, shall be included in the above unit price. Grouting of the pipe seals, bench and trough, and lower 11102104 ASC-12 OM ME PART DA - ADDITIONAL SPECIAL CONDITIONS portion of a particular manhole, if required by Manhole Rehabilitation Work Schedule or required to be done by the Engineer, shall be paid for separately at the Contract Unit Price. DA-15 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM A. GENERAL Scope This section governs all work, materials and testing required for the application of interior manhole coating. Manholes designated for interior coating are listed of the Manhole Rehabilitation Schedule, listed in Section I. Interior manhole coating shall meet the requirements of this Section, or of Section DA-12, DA-13, DA-14, DA-16 or DA-17. 2. Description am The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of interior coating of manholes in accordance with the Contract Documents. .. 3. Manufacturer's Recommendations ., Materials, mixture ratios, and procedures utilized for the coating process shall be in accordance with manufacturer's recommendations. 4. Manholes .. Manholes to be coated are of brick, block, or concrete construction. All manholes shall have a minimum of one-half (1/2) specialty cement -based coating an material (Quadex QM-1s or Reliner MSP) sprayed or trowelled on coating over the original interior surface. -• B. MATERIALS Scope This section governs the materials required for completion of interior coating of manholes. 2. Interior Coating so Raven Ultra High -Build epoxy Coating, a two-part epoxy resin system using 100% solids based epoxy binder with fibrous and flake fillers, is manufactured by Raven Lining systems and designated as Raven 405. " 3. Specialty Cement The specialty cement -based coating material shall be either Quadex QM-1 s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. r 11102104 ASC-13 PART DA - ADDITIONAL SPECIAL CONDITIONS 4. Material Identification Contractors will completely identify the types of grout, mortar, sealant, and/or root control chemicals proposed and provide case histories of successful use or defend the choice of grouting materials based on chemical and physical •� properties, ease of application, and expected performance. These grouting materials shall be compatible with Raven 405 interior coating. The contractor shall be responsible for getting approval from Raven Lining systems and/or the grout manufacturers for the use of these grouting materials. 5. Mixing and Handling Mixing and handling of interior coating, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Coating shall be performed only by certified applicators approved by the manufacturers. C. EXECUTION General Manhole coating shall not be performed until sealing of manhole from frame and grade adjustments, partial manhole replacement, manhole grouting or sewer replacement/repairs are complete. 2. Temperatures Normal interior coating operation shall be performed at temperatures of 40°F or greater. No application shall be made when freezing is expected within 24 hours. 3. Interior Manhole Coating a. Manholes scheduled for interior coating are shown on the Manhole Rehabilitation Schedule. The interior coating shall be applied to the manhole from the bottom of the manhole frame to the bench/trough, including the bench/trough. b. The interior coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. om 1) The surface preparation shall comply with the requirements of Section DA-11, SURFACE PREPARATION FOR MANHOLE RESTORATION. 2) Apply a minimum of one-half (1/2) inch specialty cement -based product (Quadex QM-1 s or Reliner MSP) smooth surface for the urethane coating material. 11102104 ASC-14 .. PART DA - ADDITIONAL SPECIAL CONDITIONS a 3) The surface prior to application may be damp but shall not have an noticeable free water droplets seeping or running water. Material shall be spray applied per manufacturer's recommendations with a minimum thickness of 125 mils (0.125 inch). am 4) After the walls are coated, the wooden bench covers shall be removed and the bench sprayed to the same average and an minimum thickness as required for the walls. 5) The final application shall have a minimum of three (3) hours cure go time or be set hard to the touch, before being subjected to active flow. 6) No applications shall be made to frozen surfaces or if freezing is expected to occur in side the manhole within 24 hours after application. C. After the epoxy liner has set (hard to touch), all visible pinholes shall be repaired. Repairs shall be made by lightly abrading the surface and brushing the lining material over the area. All blisters and evidence of uneven cover shall be repaired according to the manufacturer's recommendations. Spot shall be repaired according to the manufacturer's recommendations. Spot check of coating thickness may be made by Owner's Representative, and the contractor shall repair these areas as required, at no additional cost to the Owner. d. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA-21 — VACUUM TESTING OF REHABILITATED MANHOLES. D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot, measured from the -- bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment all testing necessary to complete the work. Payment for grouting of pipe seals, bench and trough and manhole walls shall be based on the Contract Unit Price for each manhole actually grouted. DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPDXY LINER (OMITTED) DA-17 INTERIOR MANHOLE COATING — STRONG -SEAL -SYSTEM (OMITTED) DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMITTED) DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMITTED) DA-20 PRESSURE GROUTING (OMITTED) ra 11102104 ; , ASC-15 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMITTED) DA-22 FIBERGLASS MANHOLES (OMITTED) DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the resurfacing process commences for a particular street. The contractor shall attempt to include the Construction Engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the contractors responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone 338-6275 "Hot Line" Texas Utilities 336-9411 Mr. Roy Kruger Ext. 2121 Lone Star 336-8381 Mr. Jim Bennett Ext. 6982 City of Fort Worth, 871-8100 Mr. Jim Bob Wakefield Street Light and Signal Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. DA-24 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 an an 11/02/04 ASC-16 due PART DA - ADDITIONAL SPECIAL CONDITIONS am 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 dumpsite. 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 "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 an and incidentals necessary to complete the work. DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS am This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate .. ponding water with same day haul -off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", Item No. 504 "Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawings No. S-S5 of the Standard Specifications. The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE The contractor shall remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub -base. The total depth of excavation could range from a couple of inches to include the surface -base -some sub -base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with "Type D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. 11102Jo4 ASCA 7 M PART DA - ADDITIONAL SPECIAL CONDITIONS Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot -Mix Asphaltic Concrete" shall govern work. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-27 GRADED CRUSHED STONES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones. For specifications governing this item see Item No. 208 "Flexible Base". The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE (OMITTED) DA-29 BUTT JOINTS — MILLED (OMITTED) DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) All applicable provisions of Standard Specifications, Item Nos. 312 "Hot -Mix Asphaltic Concrete", 300 "Asphalts, Oils and Emulsions", 304 "Prime Coat", and 313 "Central Plant Recycling -Asphalt Concrete" shall apply to the construction methods for this portion of the project. Standard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coat, or the Asphaltic mixture shall not be placed unless the air temperatures is fifty (50) degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed with the wind conditions are unsuitable in the opinion of the Engineer. The contractor shall furnish batch design of the proposed hot mix Asphaltic concrete for the City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per linear foot of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools and incidentals necessary to complete the work. DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER _ This item shall include the removal and reconstruction of existing concrete valley gutters at locations to be determined in field: Removal of existing concrete valley, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as 11102104 ASC-18 PART DA - ADDITIONAL SPECIAL CONDITIONS directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details, shall be subsidiary to this Pay Item. See standard specification Item No. 314, "Concrete Pavement", Item 312 "Hot -Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. .. Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". 04 Asphalt base material may be required at times as directed by the Engineer to expedite the work at locations identified in the field. The concrete shall be desiso gned to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley Gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. oft The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. 0 DA-32 NEW 7" CONCRETE VALLEY GUTTER This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314", Concrete Pavement", Item 312 "Hot -Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the Contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. m. 11/02/04 ASC-19 PART DA - ADDITIONAL SPECIAL CONDITIONS The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. DA-33 NEW 4" STANDARD WHEELCHAIR RAMP The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The removal of existing substandard wheelchair ramps and sidewalk as required for the installation of new wheelchair ramps shall be subsidiary to this pay item. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in Pay Item 5 (Removal and Replacement of Curb and Gutter). Pay limits for laydown curb and gutter are as shown in the Standard Pay Limit Detail (WRA ). The pay limit will extend from 9" outside the lip of gutter to 15" back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15" back from the face of curb and encompass the remainder of the ramp and sidewalk. All applicable provision of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. All concrete flared surface shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry -shake type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER). -� "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." The unit price bid per square yard for 4" standard wheelchair ramp as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to compete the work. r-7 DA-34 8" PAVEMENT PULVERIZATION Contractor shall pulverize the existing pavement to a depth of 8". After pulverization is .� completed, contractor shall temporarily remove and store the 8" deep pulverized material, then cut the base 2" to provide place for the new 2" H.M.A.C. surface. The 2" base cut shall start at a depth of 8" from the existing pulverized surface. After the undercut operation is completed, contractor shall spread, mix, and compact the pulverized material to a 95% compaction per City's Standard Specifications or as directed by the Engineer in the field. A 3.5% portland cement shall be used to mix the pulverized material. If the existing pavement has a combination of 10" H.M.A.C. and crushed stone/gravel, undercut will not be required, the contractor will pulverize 10" inches, the 2" inch cut will be taken from the 10" pulverized material. (see soil test report)' 11102104 ASC-20 " _ PART DA - ADDITIONAL SPECIAL CONDITIONS Pulverization shall start within ten (10) calendar days after all concrete work has been completed on a street. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per block per day. After the pulverization material is cured, the contractor shall overlay it with 2" H.M.A.C. surface within five (5) calendar days. If the contractor fails to begin the work within five (5) calendar days, a $200 dollars liquidated damage will be assessed per block per day. The unit price bid per sq. yd. shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to pulverize, remove and store the pulverized material, undercut the base, mixing, compaction, haul off, sweep, and dispose of the undercut material. The 2" H.M.A.C. surface will be paid by separate item. DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) (OMITTED) DA-36 RAISED PAVEMENT MARKERS (OMITTED) DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMITTED) DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL (OMITTED) DA-39 ROCK RIPRAP — GROUT — FILTER FABRIC (OMITTED) DA-40 CONCRETE RIPRAP (OMITTED DA-41 CONCRETE CYLINDER PIPE AND FITTINGS Concrete cylinder pipe on this project shall be Class 150 A.W.W.A. C-303 pretensioned concrete cylinder pipe or Class 150 AWWA C-301 prestressed concrete cylinder pipe as specified on the plans and manufactured in accordance with Material Standard E1-4 contained in the General Contract documents. Payment for work such as backfill, bedding, blocking, excavation and all other associated appurtenances; required, shall be included in the Linear Foot price of the pipe and lump sum for the pipe fittings in the appropriate BID ITEM(S). DA-42 CONCRETE PIPE FITTINGS AND SPECIALS Bidders shall submit the following for C-303 pretensioned concrete cylinder pipe to be installed on this project: 1. A complete list of fittings and specials upon which the lump sum is bid. 2. Provide a unit price indicating the cost for furnishing and installing each of the various items of fittings and specials. The lump sum as bid in the Proposal shall be payment in full for all fittings and specials necessary for the construction of the project as designed. Payment for the installation of the pipe fittings, specials, and random lengths shall be included. Should the Engineer approve any changes to the fittings, specials or random pipe lengths listed as justifying the amount bid in the Proposal, the price submitted with the Proposal shall be used to determine the increase or decrease in the value of the lump sum of the Proposal, and the Contractor shall be paid on the basis of this adjusted value under that bid item. 11102104 ASC-21 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-43 UNCLASSIFIED STREET EXCAVATION This item will be used if additional excavation is needed that is not covered by "8" PAVEMENT PULVERIZATION". Additional Excavation is the removal of the excessive crown and base to bring the new base to proper grade and City standard specifications for street reconstruction. All applicable provisions of Item No. 106 "Unclassified Street Excavation" shall apply, work shall be paid per cubic yard. DA-" 6" PERFORATED PIPE SUBDRAIN This item shall consist of furnishing and installing 6" perforated subdrain and filter material all as shown on the enclosed details, or as directed by the Engineer. All applicable provision of standard Specifications Item 500 "SUBDRAINS" shall apply except as herein modified. The pipe material shall be poly vinyl chloride (PVC) with the standard dimensional ratio of 35 (SDR35) and meet the ASTM D 1784. Filter shall have the capability of passing ground water without transporting the soil placed around the filter fabric. The fabric shall be constructed exclusively of synthetic thermoplastic fibers and may be either woven or non- woven to form a mat of uniform quality. Fabric fiber may be either continuous or discontinuous and oriented in either a random or an aligned pattern throughout the fabric. The fabric shall be mildew resistant, rot proof, shall be satisfactory for use in a wet soil and aggregate environment, contain ultraviolet stabilizers and have nonravelling edges. The fabric shall meet the following requirements when sampled and tested in accordance with the methods indicated. Test Original Physical Properties Fabric weight, on an ambient Temperature air-dried tension free sample, expressed in oz/sq.yd. Method SDHPT Test Method Tex-616-J "Testing of Construction Fibers" Water flow rate by falling head method, 7.9 inches (20 cm) to 3.9 Tex-616-J inches (10 cm) on 2 inch ID cylinder with 1 inch diameter orifice, with flow rate expressed in gal/sq. ft/minute. Breaking load in either machine or cross -machine direction, expressed in pounds. ASTM Designation: D 1682 grab method G as Equivalent opening size (US modified by Tex-616-J Standard sieve no.) CW-02215, US Army Corps of Engineers, Civil Works Construction Guide Specification. "Plastic Filter Fabric: November, 1977. Requirements 4.0 minimum for under drains and Slope Stabilization, 6.0 minimum for Gabions Revetment 80 minimum 100 minimum 70 to 100 e 111022104 ASC-22 ON PART DA - ADDITIONAL SPECIAL CONDITIONS "Apparent elongation" at breaking load in either machine or cross - machine direction, expressed as percent. AST, Designation: 100 maximum D 1682 grab method G as modified by Tex-616-J The "Filter Fabric" shall be installed in accordance with the manufacturer's recommendations, on as indicated or as directed by the Engineer. When lapping is required, it shall be in accordance with the manufacturer's recommendations. Backfilling around the Filter Fabric shall be done in such a way as not to damage the Filter Fabric material during the placement. The unit price bid per L.F. shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. am DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS This item shall include the removal and replacement of existing concrete sidewalk due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dumpsite. For specifications governing this item see Item No. 104 "Removing Old Concrete", and Item No. 504 "Concrete Sidewalk and Driveways". The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the removal and replacement work. DA-46 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. BNSF RR Crossing Construct DIP carrier pipe and steel casing pipe at BNSF RR property by other than open cut. First make installation at E. Peach Street, then at Gounah Street. 2. Construct Sanitary Sewer System Determine temporary discharge pumping. First, construct line in E. Peach Street, then Gounah/Pharr Streets. Provide temporary asphalt pavement repair after backfill. 3. Construct Water System Determine water valve shut-off procedures. Provide temporary water supply. First construct 2478" main in E. Peach Street, then Gounah/Pharr Street. Provide temporary asphalt pavement repair after backfill. 4. Upon sanitary sewer system acceptance, abandon existing sanitary sewer laterals. 5. Upon water system acceptance, abandon existing 24" main in E. Bluff Street. 6. Remove/replace affected sidewalks, curb/gutter, wheelchair ramps. 11/02ro4 ASC-23 PART DA - ADDITIONAL SPECIAL CONDITIONS 7. Provide pulverization in E. Peach Street, then Pharr Street. 8. Construct 2" HMAC overlay in E. Peach Street, then Pharr Street. 9. Cleanup and final inspection 10. Maintain 2-lane, 2-way traffic in E. Peach and Gounah/Pharr Streets at all times. But during working hours, maintain 1 lane/with flaggers for 2-way traffic in E. Peach and Gounah/Pharr Streets. 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 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-47 PAVEMENT REPAIR IN PARKING AREA (OMITTED) DA-48 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-49 HIGHWAY REQUIREMENTS (OMITTED) DA-50 CONCRETE ENCASEMENT Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements �- shall conform to Fig. 113; for water line encasements it shall conform to Fig. 20 of the General Contract Documents. Requirements for such encasement are specified in Sections E1-20 and E2-20 of the General Contract Documents. Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the work shall be included in the linear'foot price bid for Concrete Encasement. DA-51 CONNECTION TO EXISTING STRUCTURES 11/02/04 ASC-24 PART DA - ADDITIONAL SPECIAL CONDITIONS All connections between proposed and existing facilities shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E1-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM-Nek or approved equal shall be installed around penetrating pipe. i Payment for such work as connecting to existing facilities including labor, tools, equipment, and material necessary to complete the work shall be included in the linear foot price of the .. appropriate pipe BID ITEM. 0 DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMITTED) DA-53 OPEN FIRE LINE INSTALLATIONS (OMITTED) DA-54 WATER SAMPLE STATION (OMITTED DA-55 CURB ON CONCRETE PAVEMENT .. Standard Specification Item 502 shall apply except as herein modified. INTEGRAL CURB: Integral curb shall be constructed along the edge of the pavement as an .. integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) U.S. gallons per sack (94 lbs.) of Portland Cement. The slump _ of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this Project under the appropriate bid item and shall be in compliance with Public Works Department standard requirement Item 502. + DA-56 SHOP DRAWINGS 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material .. schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve ' the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and material she intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be .n 11/02/04 ASC-25 PART DA - ADDITIONAL SPECIAL CONDITIONS confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of this work with that of other trades and satisfactory performance his work. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Shop drawings shall be submitted for the following items prior to installation: Gate Valves, Fire Hydrants, Water Pipe, Water Meter Boxes, Fittings, Sewer Manholes, Sewer an Pipe, Manhole Inserts, Conc. Collars, Sewer Cleanouts, Asphalt Materials, Backfill Materials, Embedment Materials, Concrete Materials. Additional shop drawing requirements are described in some of the material specifications. oft 3. Address for Submittals — The submittals shall be addressed to the Chief Design Engineer. PW Liam J. Conlon, P.E. Project Manager .. Engineering Department Engineering Services City of Fort Worth .. 900 Monroe Street, Suite 201 Fort Worth, TX 76102 (817) 392-6824 liam.conlon(a-)fortworthaov.ora DA-57 COST BREAKDOWN (OMITTED) .. DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY (OMITTED) DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP (OMITTED) DA-60 ASPHALT DRIVEWAY REPAIR (OMITTED) DA-61 TOP SOIL o. r. Where directed by the Engineer, top soil shall be applied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction, Item 116, except as follows: All labor, equipment, tools and am incidentals shall be included in the square yard bid price for the top soil. DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT This item shall include raising or lowering an existing meter box to the parkway grade specified No payment will be made for adjusting existing boxes which are within 0.001 feet of specified parkway grade. The unit price bid shall be full and sufficient payment for all labor, equipment on and materials used in the adjustment of the meter box. 11102104 ASC-26 on PART DA - ADDITIONAL SPECIAL CONDITIONS DA-63 BID QUANTITIES (OMITTED) DA-64 WORK IN HIGHWAY RIGHT OF WAY (OMITTED) DA-65 CRUSHED LIMESTONE (FLEX -BASE) Crushed limestone required for use as a flexible base material shall conform to Specification .. Item No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-66 OPTION TO RENEW (OMITTED) DA-67 NON-EXCLUSIVE CONTRACT (OMITTED) DA-68 CONCRETE VALLEY GUTTER This item shall include the repair/replacement of existing concrete valley gutters as directed by the Engineer. The proposed valley gutters will be constructed according to the detail included in these documents as well as conforming to Specification Item No. 314 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. The unit price bid for this item shall be full compensation for all materials (including applicable .. sub -base), labor, equipment and incidentals necessary to complete the work. an DA-69 TRAFFIC BUTTONS (OMITTED) DA-70 PAVEMENT STRIPING (OMITTED) DA-71 H.M.A.C. TESTING PROCEDURES (OMITTED) DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shall be understood that the latest revision of such specification, prior to the date of these general specifications or revisions thereof, shall apply. DA-73 RELOCATION OF SPRINKLER SYSTEM BACK -FLOW PREVENTER/CONTROL VALVE AND BOX (OMITTED) DA-74 RESILIENT -SEATED GATE VALVES Any resilient -seated gate valves supplied for this contract shall conform to Material Standard E1-26, STANDARD SPECIFICATIONS FOR RESILIENT -SEATED GATE VALVES, with the exception of size requirements in sections E-26.1. All resilient -seated gate valves shall be r. mechanical joints and be approved on the City of Fort Worth Standard Product List. DA-75 EMERGENCY SITUATION, JOB MOVE -IN .. The Owner or Engineer shall determine when an emergency situation shall exist. When water emergency work is required, the Contractor shall mobilize to the said location within twenty-four •■ 111022104 ASC-27 M PART DA - ADDITIONAL SPECIAL CONDITIONS (24) hours after given notification from the Inspector and/or Project Manager. The Contractor shall make all necessary arrangements for bypass pumping, setting up barricades, notifying citizens, etc., while waiting for other utilities to be located as directed by the Engineer. The Contractor shall work continuously until the emergency work order has been completed at a time agreed to by the Project Manager, Inspector, and Contractor. After the emergency work order has been completed, there will be no additional "Job Move -In" charges paid to remobilize back to the previous project location site. DA-76 1 %" & 2" COPPER SERVICES (OMITTED) +• DA-77 SCOPE OF WORK (UTIL. CUT) (OMITTED) M DA-78 CONTRACTOR'S RESPONSIBILITY (UTIL. CUT) (OMITTED) DA-79 CONTRACT TIME (UTIL. CUT) (OMITTED) 00 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMITTED) DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMITTED) DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMITTED) r. DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMITTED) DA-84 TRENCH BACKFILL (UTIL. CUT) (OMITTED) .. DA-85 CLEAN-UP (UTIL. CUT) (OMITTED) .+ DA-86 PROPERTY ACCESS (UTIL. CUT) (OMITTED) DA-87 SUBMISSION OF BIDS (UTIL. CUT) (OMITTED) .. DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMITTED) DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) (OMITTED) DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMITTED) we DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMITTED) DA-92 MAINTENANCE BOND (UTIL. CUT) (OMITTED) DA-93 BRICK PAVEMENT (UTIL. CUT) (OMITTED) DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) ' DA-96 REPAIR OF STORM DRAIN/STRUCTURES (UTIL. CUT) (OMITTED) 11102104 ASC-28 M PART DA - ADDITIONAL SPECIAL CONDITIONS DA-97 "QUICK -SET" CONCRETE (UTIL. CUT) (OMITTED) DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMITTED) DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) s• (OMITTED) DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMITTED) DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) (OMITTED) DA-102 PAYMENT (UTIL. CUT) (OMITTED) DA-103 DEHOLES (MISC. EXT.) (OMITTED) DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMITTED) DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMITTED) DA-106 BID QUANTITIES (MISC. EXT.) (OMITTED) DA-107 LIFE OF CONTRACT (MISC. EXT.) (OMITTED) DA-108 FLOWABLE FILL (MISC. EXT.) (OMITTED) DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) (OMITTED) DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) (OMITTED) DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) (OMITTED) DA-112 MOVE IN CHARGES (MISC. REPL.) (OMITTED) DA-113 PROJECT SIGNS (MISC. REPL.) (OMITTED) DA-114 LIQUIDATED DAMAGES (MISC. REPL.) (OMITTED) DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMITTED) DA-116 FIELD OFFICE (OMITTED) DA-117 TRAFFIC CONTROL PLAN (OMITTED) DA-118 COORDINATION OR WORK WITH CONTRACTOR FOR OTHER UNITS (OMITTED) DA-119 BNSF RR CASING PIPE SPECIFICATIONS r. These specifications for steel casing pipe proposed to cross the Burlington Northern and Santa Fe Railway Company (BNSF RR) Right -of -Way shall further amplify DA-6 PIPE INSTALLED BY .. OTHER THAN OPEN CUT, and DA-7 TYPE OF CASING PIPE. no 11102104 ASC-29 0 PART DA - ADDITIONAL SPECIAL CONDITIONS M The length of steel casing pipe shall be full length to cross the BNSF RR property from Right -of - Way to Right -of -Way. r. The 42-inch steel casing pipe shall have a minimum wall thickness of 0.562 inches. Any work pit location shall be a minimum of 30 feet from the centerline of the nearest BNSF RR .. track. Pits shall not be open for more than 48 hours. The steel casing pipe installation by other than open cut shall comply with additional BNSF RR .. specifications at the discretion of BNSF RR. Reference is also made to the BNSF RR Utility Accommodation Policy Criteria, Part 3, and the BNSF RR permit documents. M M M M =11111111 im 04 M M OR 91102104 ASC-30 M PART DA - ADDITIONAL SPECIAL CONDITIONS DA-120 CONCRETE PRESSURE PIPE, BAR -WRAPPED STEEL CYLINDER TYPE MVA. GENERAL 1. SUMMARY a. Furnish labor, materials, equipment and incidentals necessary to install bar -wrapped concrete cylinder pipe and -fittings, and specials, including h connections and appurtenances as shown on the drawings and specified herein. b. Cathodic protection details and spacing requirements are shown in the drawings and in the cathodic protection section of the specifications. 2. QUALITY ASSURANCE .. a. Manufacturer: Finished pipe shall be the product of one (1) manufacturer. Pipe manufacturing operations (pipe, fittings, lining, coating) shall be performed at one (1) location. b. Factory Testing: 1) The OWNER reserves the option to have an independent testing laboratory, at the OWNER's expense, inspect pipe and fittings at the pipe manufacturer's plant. The OWNER's testing laboratory and ENGINEER shall have free access to the manufacturer's plant. The pipe manufacturer shall notify the OWNER, in writing, at least two (2) weeks ahead of pipe fabrication as to start of fabrication and fabricating schedule so that the OWNER can advise the manufacturer as to OWNER's decision regarding tests to be performed by an independent testing laboratory. In event the OWNER elects to retain an independent testing laboratory to make material tests and weld tests, it is the intent that the tests be limited to one (1) spot testing of each category unless the tests do not show compliance with the standard. If these tests do not show compliance, the OWNER reserves the right to have the laboratory make additional tests and observations. 2) The OWNER may require the manufacturer to furnish mill test certificates -on reinforcing steel or wire, steel plate, and cement. �•. The manufacturer shall perform the tests described in AWWA C303, for all pipe, fittings, and specials, except that the following 11102104 ASC-31 on 91102104 PART DA - ADDITIONAL SPECIAL CONDITIONS absorption test shall supersede the requirements of the applicable portion of AWWA C303. an 3) Absorption Test. A water absorption test shall be performed on samples of cured mortar coating taken from each working shift. ow The mortar coating samples shall have been cured in the same manner as the pipe. A test value shall consist of the average of a minimum of three samples taken from the same working shift. The test method shall be in accordance with ASTM C497, Method A. The average absorption value for any test shall not exceed 9 percent and no individual sample shall have an absorption exceeding 11 percent. Tests for each working shift shall be performed on a daily basis until conformance to the absorption requirements has been established by 10 consecutive passing test results, at which time testing may be performed on a weekly basis .. for each working shift. Daily testing shall be resumed for each working shift with failing absorption test results and shall be maintained until conformance to the absorption requirements is re- established by 10 consecutive passing test results. 4) The cost of all tests specified are subsidiary to the cost of the pipe on and will not be paid for separately. C. Manufacturer's Technician for pipe installation: During the construction period, the Pipe Manufacturer shall furnish the services of a factory trained, qualified, job experienced technician to advise and instruct as necessary in pipe laying and pipe jointing. The technician shall assist and advise the Contractor in his pipe laying operations and shall instruct construction personnel. in proper joint assembly and joint inspection procedures. The technician is not required - to be on -site full time; however, the technician shall be regularly on -site during the first two weeks of pipe laying and thereafter as requested by the Engineer, Owner, or Contractor. -3. SUBMITTALS Submittals shall be in accordance with the Special Conditions and shall include the, following: a. Prior to the fabrication of the pipe, submit Record Data of fabrication and 00 laying drawings to the OWNER for review of general conformance to,; contract documents. Record Data shall include a complete description of the pipe offered, including cuts, tabulated layout, design calculations, joint" rk restraint and thrust calculations, and pertinent design data: Record Data:; shall reference stationing on the plan profile, sheets and shall incorporate, y changes necessary to avoid conflicts with existing utilities and structures{ Details for the design and fabrication of all fittings and specials: and provisions for thrust shall be included. Submittal shall be sealed bye a= Licensed Professional ENGINEER in the State of Texas., �. ASC-32 w PART DA - ADDITIONAL SPECIAL- CplyOTlONS site, the manufacturer shall b. Prior to delivery of the pipe to the project fittings, and specials, and other furnish an affidavit certifying that all pipe, with this specification. products and materials furnished, comply requested b the OWNER the manufacturer shall submit certified reports q Y of all testing required by AWWA C303. 4. STANDARDS .. �etensioned concrete cylinder pipe Except s modified or supplemented rein nts of the following standard shall conform to t applicable re .. specifications, latest edition. Bar -Wrapped Steel Cylinder a. AWWA C303 "Concrete Pressure Pipe +. Type" b. AWWA M9 Manual: I "Concrete Pressure Pipe" for Concrete A99regates" C. ASTM A33 "Standard Specification on, d. ASTM A635 "Standard S ec�cation for Steel, Sheet and Strip, Cart .. p Hot Rolled, Structural Quality" for Masonry Mortar' ate , e. ASTM C144 Specification for Aggregate f. ASTM C150 "Specification for Portland Dement" du g. ASTM C497 "Methods of Testing Goncrete Pipe" h. NCTCOG Item 2.12.5(a) through (d) and (h) 5. DELIVERY AND STORAGE a. Packing: urr! red for shipment to afford n ° a low pipe to 1) The pipe_ shall be pmpa rd of transportation a dama9� in .. protection from normal haZa led condition. Pip ch reach project site in an undamd to the project site unless su shipment shall not be delivered damaged pipe is properly repaired. been removed from the •• e 2) After the completed pipe and fittin9lant, the pipe lining shall the final cure at the manufacturing p all 0 lactic end covers banded at protected from drying by means of p ends 11 be maintained over the pipe pipe ends. Covers shall be the trench. Moisture sha as r. times until ready to be P, c byn periodic addition of water maintained inside the P necessary. 11/02104 ASC-33 A. PART DA - ADDITIONAL SPECIAL CONDITIONS 3) Pipes shall be carefully supported during shipment and storage. } Each length of pipe, fitting, or special shall be internally supported a �, and braced with stulls to maintain a true circular shape. Internal supports shall consist of timber or steelstulls firmly wedged and secured so that the stulls remain in place during handling. Pipe shall be rotated so that one (1) of the stulls is vertical during storage, shipment and installation. Stulis shall not be removed from pipe until backfill operations are complete (excluding final cleanup), unless it can be demonstrated to the OWNER's satisfaction that removal of the stulls will not adversely affect the pipe installation. Pipe, fittings, and specials shall be separated so that they do not bear against each other in transit. Store pipe on padded skids, sand or dirt berms, tires, or other suitable means to protect the pipe from damage. 4) In addition, deliver, handle, and store pipe in accordance with the manufacturer's recommendations to protect coating systems. b. Marking for Identification: Each joint of pipe and each fitting shall have plainly marked on one end the class for which it is designed, the date of manufacturer, and the identification number that matches shop drawing records. The top centerline shall be marked on all specials. B.' PRODUCTS Ak 1. MATERIALS a. Cement: Cement for use in concrete and mortar shall be Type I or II 00 Portland Cement. b. Aggregates: Aggregates for concrete lining and coating shall conform to ASTM C-33. C. Sand: Sand used for inside and outside joints shall be of silica base, on conforming to ASTM C-144. d. Special Coating: Pipe to be installed in casing shall have two built-up s, mortar rings, each approximately 2 feet long and slightly higher than the pipe bell, to prevent the pipe from being supported by the pipe bell. Built- up mortar rings are to be applied at the quarter points of the pipe section. e. Bushes, Couplings and Plugs: Where outlets or taps are threaded, furnish r and install brass reducing bushings in larger steel half couplings for the outlet size indicated. Threaded plugs shall be brass. ` 2. MIXES; CEMENT MORTAR Cement mortar used for pouring joints shall consist of one (1) part Portland Cement to two (2) parts clean, fine, sharp silica sand, mixed with water. No manufactured sand shall be permitted. Exterior joint mortar shall be mixed to the .. 11102104 ASC-34 PART DA - ADDITIONAL SPECIAL CONDITIONS consistency of thick cream. Interior joint mortar shall be mixed with as little water as possible so that the mortar is very stiff, but workable. Cement shall be ASTM .. C150, Type I or Type 11. Sand shall conform to ASTM C144. Cement mortar used for patching shall be mixed as per cement mortar for inside joints. ,,. 3. MANUFACTURED PRODUCTS a. Pipe: 1) General: Pipe, bends, and special fittings shall be designed, manufactured, and tested in accordance with the applicable requirements of AWWA C303 and AWWA M9, and the special ' requirements of this specification. Pipe shall be certified by the National Sanitation Foundation Standard 61 for use with potable water. .. 2) Pipe Design Criteria: Sizes and pressure classes (working pressure) shall be as specified. For the purposes of pipe design, a• working pressure plus transient pressure shall be as indicated below. Fittings, specials and connections shall be of the same or greater pressure class as the associated pipe. Pipe and fittings .. shall be clearly marked with the pressure class and piece number to permit easy identification in the field. Pipe design shall be based on trench conditions and design pressure class specified. Pipe shall be designed according to the methods indicated in AWWA C303 and AWWA Manual M9 for trench construction, using the following parameters: i.) Unit Weight of Fill (w) =130 pcf ii.) Live Load = AASHTO H-20 truck for unpaved conditions or Cooper E-80 for railroad conditions iii.) Trench Depth = As indicated plus 10-feet if on UPRR property iv.) Coefficient Ku' = 0.150 v.) Trench Width (Bd) as indicated vi.) Bedding Conditions = As indicated vii.) Pressure Class = 150 psi min. working pressure viii.) Surge Allowance = 100 psi minimum, where:Total Pressure (including surge) = 150 psi + 100 psi = 250 psi. x.) Deflection Lag Factor =1.0 A.) Soil Reaction Modulus, E' < 1,000 Trench depths indicated shall be verified after existing utilities are located. Vertical alignment changes required because of existing utility or other conflicts shall be accommodated by an appropriate ` change in pipe design depth. In no case shall pipe be installed deeper than its design allows. 0. 11102104 ASC-35 on an PART DA - ADDITIONAL SPECIAL CONDITIONS an 3) Provisions for Thrust: i.) Thrusts at bends, tees, plugs, or other fittings shall be resisted by restrained joints. Thrust at bends adjacent to casing pipe shall be restrained by welding joints through casing and for a sufficient distance each side of casing. The distance for thrust restraint shown on the plans is the minimum restraint and does not relieve the manufacturer from calculating the restraint needs as specified herein. In �+ no case shall the restrained distance be less than indicated on the plans. If the manufacturer calculates the need for additional restraint, no additional compensation will be allowed. No thrust restraint contribution shall be allowed for the welded length of pipe within the casing, unless casing is filled with grout. ii.) Restrained joints shall be used for a sufficient distance from each side of the bend, tee, plug, or other fitting to resist thrust which will be developed at the design pressure of the pipe. For the purpose of thrust restraint, design pressure shall be 1.5 times pressure class (working pressure), or equal to the test pressure, or working pressure plus the surge allowance, whichever is greater. Restrained joints shall consist of welded joints. In areas where restrained joints are used for thrust restraint, the pipe shall have adequate cylinder thickness to transmit the thrust forces. iii.) The length of pipe with welded joints to resist thrust forces 06 shall be determined by the pipe manufacturer in accordance with AWWA Manual M9 and the following: a) The weight of earth (We) shall be calculated as the weight of the projected soil prism above the pipe. b) Soil density = 110 pcf (maximum value to be used). c) Coefficient of friction = 0.40 (maximum value to be used). an The above applies to unsaturated' soil conditions. In locations where ground water is encountered, the soil density shall be reduced to its buoyant weight for the backfill below the water table, and the coefficient of friction shall be reduced to 0.25. iv.) Thrust collars will only be permitted for temporary plugs. Thrust collars may not be used for any other application, WN unless approved in writing by the ENGINEER. .. 11102104 ASC-36 r� MR PART DA - ADDITIONAL SPECIAL CONDITIONS 4) Inside Diameter: The inside diameter, of the cement mortar lining { shall be the Nominal diameter specified. b. Joint Wrappers: Similar and equal to those manufactured by Mar -Mac Manufacturing Company. C. Insulated Connections: Insulated connection shall be in accordance with Section 15640 included in the Appendix. Where insulated connections are indicated, furnish dielectric insulation gaskets, sleeves, and plastic washers as indicated. Insulating flange kits are to be installed on all flanged outlets of the main line pipe and on both flanges of each main line valve. d. Flexible Joint Couplings: Dresser Style 38, Smith -Blair Style 411, or approved equal. e. Pipe Ends: The standard pipe end shall include steel joint ring and a continuous solid rubber ring gasket as per AWWA Manual M-9. f. Flanges: Flanges shall conform to AWWA C207 with laying dimensions and drilling in accordance with ANSI B 16.1, Class 125. Flanges shall be Flange Class E with a minimum working pressure of 275 psi for areas designated with 225 psi test pressure. In no case shall the working. or test pressure of the pipe exceed the working pressure of the flange. Drilling shall match class of valves or appurtenances which are attached. .Nuts and bolts shall conform to ASTM A307, Grade B. Nuts and bolts shall conform to AWWA C207. C. EXECUTION 1. Installation a. General: 1) Install pipe, fittings, specials, and appurtenances as specified herein, as specified in AWWA Manual M9, and in accordance with the pipe manufacturer's recommendations. 2) Lay pipe to the lines and grades as indicated. 1 Pipe Handling: a. Haul and distribute pipe, fittings at the project site. Handle piping with care to avoid damage. Before lowering into the trench, inspect each joint of �• pipe, and reject or repair any damaged pipe. b. Keep the pipe clean during and after the laying operation and free of sticks, dirt, animals, and trash, and at the close of each operating day, effectively seal the open end of the pipe using a gasketed night cap. 11/02104 ASC-37 PART DA - ADDITIONAL SPECIAL CONDITIONS on 3. Pipe Jointing: a. General: 1) Thoroughly clean the bell and spigot rings before laying each joint ON of pipe by brushing and wiping. If any damage to the protective coating on the metal has occurred, repair the damage before laying the pipe. Lubricate the gasket and the inside surface of the bell with an approved lubricant (flax soap) which will facilitate the telescoping of the joint. Tightly fit together sections of pipe and exercise care to secure true alignment and grade. When a joint of pipe is being laid, place the gasket on the spigot ring and enter the spigot end of the pipe into the bell of the adjoining pipe and force into position. The inside joint space between ends of the pipe sections shall have an opening within the tolerances as recommended by the pipe manufacturer. No "blocking up" of pipe or joints will be permitted, and if the pipe is not uniformly supported or the joint not made up properly, remove the joint and properly .. prepare the trench. After joining, check the position of the gasket with a feeler gauge. If the gasket is out of position, disassemble the joint and repeat the joint laying procedure. 2) For interior welded joints, complete backfilling before welding. For exterior field -welded joints, provide adequate working room under "f and beside the pipe. b. Exterior Joints: Make the exterior joint by placing a joint wrapper around the pipe and secure in place with two (2) metal straps. The wrapper shall. be 9" inches wide for pipe 36" and larger, and 7" wide for smaller pipe, hemmed on each side. The wrapper shall be fiberglass reinforced or burlap cloth, with lengths encircling the pipe, leaving enough opening *■ between ends to allow the mortar to be poured inside the wrapper into the joint. Fill the joint with mortar from one side in one (1) continuous operation until the grout has flowed entirely around the pipe. During the filling of the .. joint, pat or manipulate the sides of the wrapper to settle the mortar and expel any entrapped air. Leave wrappers in place undisturbed until the mortar has set-up. C. Interior Joints: Upon completion of backfilling of the pipe trench, fill the inside joint recess with a stiff cement mortar. Prior to placing of mortar, .e clean out dirt or trash which has collected in the joint, and moisten the concrete surfaces of the joint space by spraying or brushing with a wet brush. Ram or pack the stiff mortar into the joint space and take extreme. care to insure that no voids remain in the joint space. After the joint has '" been filled, level the surfaces of the joint mortar with the interior surfaces of the pipe with a steel trowel so that the surface is smooth. Interior joints of pipe smaller than 21" shall have the bottom of the bell buttered with mortar, No prior to inserting the spigot, such that when the spigot is pushed into position it will extrude surplus mortar from the joint. The surplus mortar ON 11102104 ASC-38 .. RE so Imm .. A* PART DA - ADDITIONAL SPECIAL CONDITIONS shall be struck off flush with the inside of the pipe by pulling a filled burlap bag or an inflated ball through the pipe with a rope. d. Welded Joints: 1) Weld joints in accordance with the AWWA Manual M9. Contractor shall provide adequate ventilation for welders and for Owner's representative to observe welds. Unless otherwise specified, welds shall be full circle fillet welds. 2) Adequate provisions for reducing temperature stresses shall be the responsibility of the Contractor. 3) After the pipe have been joined and properly aligned and prior to the start of.the welding procedure, the spigot and bell shall be made essentially concentric by shimming or tacking to obtain clearance tolerance around the periphery of the joint. In no case shall the clearance tolerance be permitted to accumulate. 4) Furnish labor, equipment, tools and supplies, including shielded type welding rod. Protect welding rod from any deterioration prior to its use. If any portion of a box or carton is damaged, reject the entire box or carton. 5) In all hand welding, the metal shall be deposited in successive layers. For hand welds, not more than 1/8" of metal shall be deposited in each pass. Each pass except the final one, whether in butt or fillet welds, shall be thoroughly bobbed or peened to relieve shrinkage stresses and to remove dirt, slag, or flux before the succeeding bead is applied. Each pass shall be thoroughly fused into the plates at each side of the welding groove or fillet and shall not be permitted to pile up in the center of the weld. Undercutting along the side shall not be permitted. &"°a 6) Welds shall be free from pin holes, non-metallic inclusions, air pockets, undercutting and/or any other defects. 7) If the ends of the pipe are laminated, split or damaged to the extent that satisfactory welding contact cannot be obtained, remove the pipe from the line. 8) Furnish each welder employed with a steel stencil for marking the welds, so that the work of each welder may be identified. Have r each welder stencil the pipe adjacent to the weld with the stencil assigned to him. In the event any welder leaves the job, his stencil shall be voided and not duplicated if another welder is employed. 9) Use only competent, skilled and qualified workmen. Each welder employed by the Contractor shall be required to satisfactorily pass a i r ^ . 11/02/04 ASC-39 11102104 PART DA - ADDITIONAL SPECIAL CONDITIONS .m welding test,in accordance with AWWA C206 before being allowed to weld on the line. an 10) After each welder has qualified in the preliminary tests referred to above, inspections shall be made of joints in the line. Any welder .. making defective welds shall not be allowed to continue to weld. 11) Dye penetrant tests in accordance with ASTM E165, or magnetic particle test shall be performed by the Contractor under the supervision and inspection of the Owner's Representative or an independent testing laboratory, on all full welded joints. Welds that are defective will be replaced or repaired, whichever is deemed necessary by the Engineer, at the Contractor's expense. 12) If the Contractor ,disagrees with the Engineers interpretation of welding tests, test sections may be cut from the joint for physical testing. The Contractor shall bear the expense of repairing the joint, regardless of the results of physical testing. The procedure *� for repairing the joint shall be approved by the Engineer before proceeding. No e. Protection of Exposed Metal: 1) Protect exposed ferrous metal by a minimum of one (1") inch o, coating of cement mortar as previously specified for inside joints unless otherwise specified. Exposed large flat surfaces such as, flanges, bolts, caulked joints, threaded outlets, closures, etc., shall have coating reinforced with galvanized wire mesh. "' 2) Thoroughly clean and wet the surface receiving a cement mortar coating with water just prior to placing the cement mortar coating. After placing, take care to prevent cement mortar from drying out... too rapidly by covering with damp earth or burlap. Cement mortar coating shall not be applied during freezing weather. •• f. Patching: 1) Excessive field -patching of lining or coating shall not be permitted - Patching of lining or coating will be allowed where area to be repaired does not exceed 100 square inches and has. no dimensions greater than 12". In general, there shall not be more than one patch on either the lining or the coating of any one joint of Pipe- 2) Wherever necessary to patch the pipe, make patch with cement' mortar as previously specified for interior joints. Do not install patched pipe until the patch has been properly and adequately cured and approved for laying by the OWNER. Promptly remove rejected pipe from the site. ASC-40 .f, ,ft oft ow MW r: .. En .r 1W Am dia .* oft PART DA - ADDITIONAL SPECIAL CONDITIONS D. FIELD QUALITY CONTROL 1. Hydrostatic and Leakage Tests a. Furnish all necessary equipment and labor for carrying out a pressure test on the pipelines. The procedures and method for carrying out the pressure tests shall be approved by the Engineer. b. Make any taps and furnish all necessary caps, plugs, bulkheads, etc., as required in conjunction with testing portions of the pipe. Furnish test pumps, gauges, meters and any other equipment required in conjunction With carrying out the tests. Hydrostatic pressure and leakage tests shall conform with AWWA M9. C. All pipelines shall be subjected to hydrostatic pressure as indicated in 2.03.A.2 at the lowest points of the section being tested and this pressure maintained for at least one hour. The amount of leakage which will be permitted shall be in accordance with AWWA C600. d. Lines which fail to meet the requirements of the test shall be repaired and retested as necessary until test requirements are met. Defective materials, pipes, valves, and accessories shall be removed and replaced. e. The Owner will supply at no cost to the Contractor a maximum quantity of water for testing purposes equal to 110 percent of the volume of the pipeline. The Contractor shall furnish and install the necessary connections which may be required to transport the water to the pipe being tested. Additional water require_ d will be provided at the Owner's standard rates for the volume required. DA-121 BURIED STEEL PIPE;ANQ FITTINGS A. GENERAL 1. 'WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to install cement mortar lined and polyurethane coated steel pipe, fittings, and specials as specified and as required for the proper installation and function of the pipe. Cathodic Protection shall be provided as shown in the drawings and in the Cathodic Protection section of the specifications. 2. QUALITY ASSURANCE a. Experience Requirements 1) Pipe shall be the product of one manufacturer which has had not less than five (5) years successful experience manufacturing pipe of 11/02104 ASC-41 M MM PART DA - ADDITIONAL SPECIAL CONDITIONS 11102104 the particular type and size indicated, or which has demonstrated an experience record that is satisfactory to the Engineer and ON Owner. The acceptability of this experience record will be thoroughly investigated by the Engineer, and will be sole discretion of the Engineer and Owner. Pipe manufacturing operations (pipe, Im fittings, lining, coating) shall be performed at one (1) location unless otherwise approved by the Engineer. 2) The lining shall be shop applied spun cement mortar lining. The manufacturer shall- be certified under S.P.F.A. or I.S.O. quality certification program for steel pipe and accessory manufacturing. am b. Owner Testing and Inspection 1) Pipe, may be subject to inspection by an independent testing .... laboratory, which laboratory shall be selected and retained by the Owner. Representatives of the laboratory or the Engineer shall have access to the work whenever it is in preparation or progress, and the Pipe Manufacturer shall provide proper facilities for access and for inspection. The Pipe Manufacturer shall notify the Owner in writing, a minimum of two (2) weeks prior to the pipe fabrication so that the Owner may advise the Manufacturer as to the Owner's decision regarding tests to be performed by an independent testing laboratory. Material, fabricated parts, and pipe, which are discovered to be defective, or which do not conform to the requirements of this specification shall be subject to rejection at any time prior to Owner's final acceptance of the product. 2) The inspection and testing by the independent testing laboratory anticipates that production of pipe shall be done over a normal period of time and without "slow downs" or other abnormal delays. In the event that an abnormal production time is required, and the Owner is required to pay excessive costs for inspection, then the Contractor shall be required to reimburse the Owner for such laboratory costs over and above those which would have been incurred under a normal schedule of production as determined by the Engineer. C. Factory Testing The Manufacturer shall perform all tests as required by the applicable AVWVA standards and as listed herein. 1) Cement Mortar Lining an Shop -applied cement mortar linings shall be tested in accordance with AWWA C222. 2) Polyurethane Coating ASC-42 .. am .. .r M aws A* .. La ift me an .* PART DA - ADDITIONAL SPECIAL CONDITIONS i.) General: The polyurethane coating shall be tested in accordance with AWWA C210. ii.) Thickness: The thickness of the coating shall be tested in accordance with SSPC PA2. The coating system applied to the pipe shall be tested for holidays according to the procedures outlined in NACE RP0188 using a wet sponge holiday tester or a high voltage spark tester (operating at 100 volts per mil), for the dry film thickness specified of 35 mil. iii.) Adhesion Testing: a) Polyurethane coatings or linings shall have an adhesion to steel of 1,500 pounds per square inch, minimum. b) Polyurethane coating adhesion to steel substrates shall be tested using pneumatic pull off equipment, such as HATE Model 108 or Delfesko Positest, in accordance with ASTM D4541 and AWWA C222, except as modified in this section. c) Adhesion testing records shall include pipe identification, surface tested (interior or exterior), surface temperature, coating thickness, tensile force applied, mode of failure, and percentage of substrate failure relative of dolly surface. d) Dollies or adhesion testing shall be glued to the coating surface and allowed to cure for a minimum of 12 hours. Because of high cohesive strength, polyurethane coatings shall be scored around the dolly prior to conducting the adhesion test. e) Failure shall be by adhesive and cohesive failure only. Adhesive failure is defined as separation of the coating from the steel substrate. Cohesive failure is defined as failure within the coating, resulting in coating remaining both on the steel substrate and dolly. qF, f) Partial substrate and glue failure will be retested N. the substrate failure is less than 50 percent relative.;. of the dolly surface area and the applied tension was less than the specified adhesion. Pipes that have partial adhesion will be rejected as a substratf adhesion failure. 11/02104 ASC-43 .o 11102104 PART DA - ADDITIONAL SPECIAL CONDITIONS g) Glue failures in excess of the minimum required tensile adhesion would be accepted as meeting the specified adhesion requirements. h) Adhesion tests will be conducted on polyurethane pipe coating and lining independently (where applicable) and will be accepted or rejected independently of the other. i) Repair patches on the polyurethane coating shall be randomly selected for adhesion testing in a manner as described herein and at the discretion of the coating inspector conducting the adhesion tests. Adhesion of repairs shall be as specified for the type of repair. 3) Hydrostatic Pressure Testing i.) Each joint of pipe shall be hydrostatically tested prior to application of lining or coating. The internal test pressure shall be that which results in a fiber stress equal to 75% of the minimum yield strength of the steel used. Each joint of pipe tested shall be completely watertight under maximum test pressure. As a part of testing equipment, the Pipe Manufacturer shall maintain a recording pressure gauge, reference number of pipe tested, etc. The pipe shall, be numbered in order that this information can be recorded. ii.) Fittings shall be fabricated from hydrostatically tested pipe. Fittings shall be tested by hydrostatic test, air test, magnetic particle test, or dye penetrant test. Air test shall be made by applying air to the welds under 10 pounds per square inch pressure and checking for leaks around and through welds with a soap solution. 4) Charpy V-Notch Test — NOT USED 5) Mill Certification The Owner will require the Manufacturer to fumish mill test certificates 'on reinforcing steel or wire, steel plate, and cement. The Manufacturer shall perform the tests described in AWWA C- 200, for all pipe, fittings, and specials. 6) Absorption Test for Mortar Coating Mortar Coating is not allowed for this project. 7) Strength Test for Mortar Coating ASC-44 am r sr PART DA - ADDITIONAL SPECIAL CONDITIONS Mortar Coating is not allowed for this project. d. Manufacturers Technician for Pipe Installation 1) During the construction period, the Pipe Manufacturer shall furnish ,.e the services of a factory trained, qualified, job experienced technician to advise and instruct as necessary in pipe laying and pipe jointing. The technician shall assist and advise the Contractor ., in his pipe laying operations and shall instruct construction personnel in proper joint assembly and joint inspection procedures. The technician is not required to be on -site full time; however, the ..r technician shall be regularly on -site during the first two weeks of pipe laying and thereafter as requested by the Engineer, Owner, or Contractor. dft 2) The pipe manufacturer shall provide services of polyurethane coating manufacturer's representative and a representative from the heat shrink joint manufacturer for a period of not less than 1 week at beginning of actual pipe laying operations to advise Contractor and Owner regarding installation, including but not limited to, handling and storage, cleaning and inspecting, coating repairs, field Am applied coating, heat shrink installation procedures and general construction methods and how they may affect pipe coating. The Manufacturer's Representative shall be required to return if, in the ,ft opinion of the Engineer, the polyurethane coating or the Contractor's construction methods do not comply with contract specifications at no additional cost to the Owner. Cost for the Manufacturer's Representatives to return to the site shall be at no additional cost to the Owner. 3 SUBMITTALS ow a. Submittals shall include: 1) Prior to the fabrication of the pipe, submit fabrication and laying shop drawings to the Engineer: Submittal shall be sealed by a licensed Profession Engineer in the State of Texas. Drawings shall +■• include a schematic location -profile and a tabulated layout schedule, both of which shall be appropriately referenced to the stationing of the proposed pipeline as shown on the plan -profile sheets. Drawings shall be based on the plans and specifications and shall incorporate changes necessary to avoid conflicts with existing utilities and structures. Drawings shall also include full r details of reinforcement, and dimensions for pipe and fittings. Details for the design and fabrication of all fittings and specials and provisions for thrust restraint shall be included. Where welded .. joints are required, drawings shall include proposed welding requirements and provisions for thermal stress control. MN 11/02/04 ASC-45 an PART DA - ADDITIONAL SPECIAL CONDITIONS OR 2) Prior to shipment of the pipe, the Pipe Manufacturer shall submit the following: an i.) A Certificate of Adequacy of Design stating that the pipe to be furnished complies with AWWA C200, AWWA C205, oft AWWA C210, AWWA C222, and these specifications. ii.) Copies of results of factory hydrostatic tests shall be M. provided to the Engineer. iii.) Mill certificates, including chemical and physical test results an for each heat of steel. iv.) Polyurethane coating manufacturer's and heat shrink sleeve catalog sheets and technical information. .ft v.) A Certified Test Report from the polyurethane coating manufacturer indicating that the coatings were applied in accordance with manufacturer's requirements and in accordance with this specification. vi.) Certified test reports for welder certification for factory and field welds. + vii.) Certified test reports for cement mortar tests. viii.) Certified test reports for steel cylinder tests and cement mortar tests. 4. STANDARDS .� Except as modified or supplemented herein, the steel pipe, coatings, fittings, and specials shall conform to the applicable requirements of the following standard specifications, latest edition: a. ANSUNSF Standard 61 „ b. AWWA C200 "Steel Water Pipe 6 Inches and Larger" C. AWWA C205 "Cement -Mortar Protective Lining and Coating for Steel Water Pipe 4 Inches and Larger - Shop - Applied" d. AWWA C206 "Field Welding of Steel Water Pipe" e. AWWA C207 "Steel Pipe Flanges for Waterworks Service - Sizes 4 + Inches thru 144 Inches" f. AWWA C208 "Dimensions for Steel Water Pipe Fittings" + PART DA - ADDITIONAL SPECIAL CONDITIONS g. AWWA C210 "Liquid -Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines" h. AWWA C216 "Heat Shrinkable Cross -Linked Polyolefin Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines" i. AWWA C222 "Polyurethane Coatings for the Interior and Exterior of Steel Water Pipelines and Fittings" j. AWWA C602 "Cement -Mortar Lining of Water Pipelines - 4 In. and Larger - In -Place" k. AWWA MI Manual: "Steel Pipe - A Guide for Design and Installation" 1. ASTM C33 "Specifications for Concrete Aggregates" ,■, m. ASTM C35 "Specifications for Inorganic Aggregates for Use in Gypsum Plaster" n. ASTM C150 "Specifications for Portland Cement' o. ASTM E165 "Practice for Liquid Penetrant Inspection Method" p. SSPC-SP-1 Steel Structures Painting Council - Solvent Cleaning q. SSPC-SP-10 Steel Structures Painting Council - Near -White Blast 'r Cleaning r. SSPC-PA2 Steel Structures Painting Council - Measurement of .. Dry Paint Thickness with Magnetic Gages S. SSPC-PA Steel Structures Painting Council - A Guide to Safety .. /Guide 3 in Paint Application t_ SSPC-PS Steel Structures Painting Council - A Guide for /Guide 17 Selecting Urethane Painting Systems .. U. ASTM D16 "Paint, Varnish, Lacquer, and Related Products" V. ASTM 522 "Mandrel Bend Test of Attached Organic Coatings" 5. DELIVERY AND STORAGE r a. Packing �' 1) The pipe shall be prepared for shipment to afford maximum protection from normal hazard of transportation and allow pipe to reach project site in an undamaged condition. Pipe damaged in ASC-47 11102104 M PART DA - ADDITIONAL SPECIAL CONDITIONS Mh so shipment shall not be delivered to the project site unless such damaged pipe is properly repaired. 00 2) After the completed pipe and fittings have been removed from the final cure at the manufacturing plant, the pipe lining shall be protected from drying by means of plastic end covers banded to the pipe ends. Covers shall be maintained over the pipe ends at all times until ready to be installed. Moisture shall be maintained inside the pipe by periodic addition of water as necessary. 3) Pipes shall be carefully supported during shipment and storage. Pipe, fittings, and specials shall be separated so that they do not an bear against each other, and the whole load shall be securely fastened to prevent movement -in transit. Ship pipe on padded bunks with tie -down straps approximately over stulling. Store pipe on padded skids, sand or dirt berms, tires, or other suitable means to protect the pipe from damage. Each end of each length of pipe, fitting, or special and the middle of each pipe joint shall be internally supported and braced with stulls to maintain a true circular shape. Internal stulls shall consist of timber or steel firmly wedged and secured so that stulls remain in place during storage, shipment, and installation. Pipe shall be rotated so that one stull remains vertical during storage, shipment and installation. At a minimum, stulls shall be placed at each 'end, each quarter point and center. Stulls shall not be removed until backfill operations .are complete (excluding final clean up), unless it can be demonstrated to the owner's satisfaction that removal of stulls will not adversely affect pipe installation. 4) Deliver, handle, and store pipe in accordance with the Manufacturer's recommendations to protect coating systems. ®m b. Marking for Identification .. Each joint of pipe and each fitting shall have plainly marked on one end, the class for which it is designated, the date of manufacturer, and the identification number. The top centerlines shall be marked on all specials: am C. Point of Delivery It is desired that pipe be hauled direct from pipe plant to the project site 00 and strung along pipeline route, thus avoiding rehandling of pipe and the possibility of damage thereto. Where fully loaded truck and trailer cannot operate along the pipeline route, pipe may be unloaded at access points .m along the route, and brought to the trench side by approved methods; -,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......w however, the Contractor shall be responsible that pipe is undamaged at the time of laying. .. .. 11/02104 ASC-48 PART DA - ADDITIONAL SPECIAL CONDITIONS B. PRODUCTS 1. MATERIALS a. Exterior Polyurethane Coating s Polyurethane Coating shall meet the requirements of AWWA C-222. Use a Coating Standard ASTM D16, Type V system which is a 2-package .. polyisocyanate, polyol-cured urethane coating. The components are mixed in 1:1 ratio at time of application. The components shall have balanced viscosities in their liquid state and shall not require agitation during use. .,� The plant -applied coating shall be a self priming, plural component, 100 percent solids, non -extended polyurethane, suitable for burial or immersion and shall be CORROPIPE If OMNI as manufactured by Madison Chemical „r Industries Inc., DURASHIELD 210 as manufactured by Lifel-ast, Inc., or equal Futura Coatings. The coating manufacturer shall have a minimum of five (5) years experience in the production of this type coating. The cured coating shall have the following properties: .. E0 1) Conversion to Solids by Volume: 97 percent plus or minus 3 percent. 2) Temperature Resistance: Minus 40 degrees F and plus 150 degrees F. 3) Minimum Adhesion: 1500 psi, when applied to steel pipe which has been blasted to comply with SSPC-SP10. 4) Cure Time: For handling in 1 minute at 120 degrees F, and full cure within 7 days at 70 degrees F. .5) Maximum Specific Gravities: Polyisocyanate resin, 1.20. Poiyol resin, 1.15. 6) Minimum Impact Resistance: 80 inch -pounds using 1-inch diameter steel ball. 7) Minimum Tensile Strength: 2000 psi. 8) Hardness: 55 plus or minus 5 Shore D at 70 degrees F. 9) Flexibility Resistance: ASTM D522 using 1-inch mandrel. Allow coating to cure for 7 days. Perform testing on test coupons held for 0 15 minutes at temperature extremes specified above. 10) Dry Film Thickness: 35 mils am b. Exterior Polyurethane Coating for Specials, Fittings, Repair and Connections am 11102104 ASC-49 an r PART DA - ADDITIONAL SPECIAL CONDITIONS The shop -applied and field -applied coating shall be CORROPIPE-II OMNI, and GP II (E) Touch -Up, respectively, as manufactured by Madison No Chemical Industries or approved equal. The shop -applied and field -applied coating shall have the properties specified in paragraph 2.01A. Mix and apply polyurethane coatings in accordance with the coating manufacturer's 00 recommendations. C. Cement for Mortar Linings an Cement mortar linings shall be shop -applied for pipe sizes 9&inch and smaller. Shop -applied cement mortar linings shall conform to the requirements of AWWA C205 with the following modifications: Sand used 'm for cement mortar shall be silica sand ASTM C33. Curing of the linings shall conform to the requirements of AWWA C205. d. Cement for Mortar Coating Cement Mortar Coating is not allowed for this project. .. e. Flange Nuts and Bolts Nuts and bolts shall conform to AWWA C207. .. f. Steel Steel shall meet the requirements of AWWA C200 and shall be:of continuous casting. Steel shall be homogeneous and shall be suitable,foi field welding, fully kilned and fine austenitic grain size. g. Bend Fittings All bend fittings shall be long radius to permit easy passage of pigs- h. Threaded Outlets 2. MIXES a. 11102104 Where outlets or taps are threaded, furnish and install brass bush the outlet size indicated. Outlets for Weld Leads The Contractor may use outlets for access for weld leads. Outlets shalt be" welded after use. Outlet configuration shall be approved by the Engineer; Mortar for Interior Joints Mortar shall be one part cement to two parts sand. Cement shall be . C150, Type I or Il. Sand shall be of sharp silica base. No manufa ASC-b0 an PART DA - ADDITIONAL SPECIAL CONDITIONS sand shall be permitted. Sand shall conform to ASTM C144. Exterior joint mortar shall be mixed to the consistency of thick cream. Interior joint mortar shall be mixed with as little water as possible so that the mortar is very stiff, but workable. Water for cement mortar shall be treated and suitable for drinking water. b. Mortar for Pipe Patching for Shop -Applied Cement Mortar Lining Mortar for patching shall be as per interior joints. C. Bonding Agent s Bonding agent for cement mortar lining patching shall be Probond Epoxy Bonding Agent ET-150, parts A and B; Sikadur 32 Hi -Mod, or approved equal. ,3. MANUFACTURED PRODUCTS r� a. Pipe 1) Pipe Design Am i.) Steel pipe shall be designed, manufactured, and tested in conformance with AWWA C200, AWWA Manual M11, and ■• with the criteria specified herein. Sizes and pressure classes (working pressure) shall be as shown below. For the purpose of pipe design, the transient pressure plus working pressure shall as indicated below. Fittings, specials, and connections shall be designed for the same pressures as the adjacent pipe. Pipe design shall be based on trench conditions and the design pressure in accordance with AWWA Manual M-11, using the following parameters: a) Unit Weight of Fill (W) = 130pcf b) Live Load = AASHTO HS 20 � c) Live Load = Cooper E80 at Railroads d) Trench Depth = As Indicated plus 10-feet if on UPRR property e) Deflection Lag Factor - (D,) = 1.0 f) Coefficient K = 0.10 g) Maximum Calculated Deflection - Dx = 3% (Polyurethane Coated Steel Pipe) oft 11102104 ASC-51 +t PART DA - ADDITIONAL SPECIAL CONDITIONS .. h) . Maximum Calculated Deflection - Dx = 2% (Mortar Coated Steel Pipe) i) Soil Reaction Modulus - (E') < 1,000 j) Working Pressure = 150 psi aim k) Test Pressure = 225 psi 00 1) Surge Allowance = 100 psi minimum, where: Total Pressure (including surge) = 150 psi + 100 psi = 250 psi. tm m) The fittings and specials shall be designed in accordance with AWWA C-208 and AWWA Manual an M-11 except that crotch plates shall be used for outlet reinforcement for all Pressure Diameter Values, PDV, greater than 6,000. Im ii.) Where the pipe requires additional external support to achieve the specified maximum deflection, the Contractor .ft and pipe supplier will be required to furnish alternate methods for pipe embedment. No additional compensation will be made to the Contractor by the Owner where this method is required. ` iii.) Trench depths indicated shall be verified after existing utilities are located. Vertical alignment changes required because of existing utility or other conflicts shall be accommodated by an appropriate change in pipe design depth. In no case shall pipe be installed deeper than its •■ design allows. 2) Provisions for Thrust i.) Thrust at bends, tees, or other fittings shall be resisted by restrained joints. Thrust at bends adjacent to casing shall .. be restrained by welding joints through the casing and a sufficient distance each side of the casing. No thrust restraint contribution shall be allowed for pipe in casing unless the annular space in the casing is filled with grout. ii.) Restrained joints shall be used a sufficient distance from each side of the bend, rtee, plug, or other fitting to resist am thrust which develops at the design pressure of the pipe. For the purposes of thrust restraint, design pressure shall be 1.5 times the working pressure class. Restrained joints shall .m consist of welded joints. 11/02/04 ASC-52 .. PART DA - ADDITIONAL SPECIAL CONDITIONS iii.) Thrust restraint design shall be the complete. responsibility of the pipe manufacturer. The length of pipe with restrained joints to resist thrust forces shall be determined by the Pipe Manufacturer in accordance with AWWA Manual M-11 and the following: a) The Weight of Earth shall be calculated as the weight of the projected soil prism above the pipe. b) Soil Density = 110 pcf (maximum value to be used). c) Coefficient of Friction = 0.20 (maximum value to be used for polyurethane coated steel pipe). d) The above applies to unsaturated soil conditions. In ` locations where ground water is encountered, the soil density shall be reduced to its buoyant weight for all backfill below the water table, and the coefficient of " friction shall be reduced to 0.15 for polyurethane coated steel pipe. e) For horizontal bends, the length of pipe to be restrained shall be calculated as follows: ,. For A less than 60° L=PAsin (A/2) f -(We + Wp + Ww) For A' greater than 60' L = P A 0 —cos A) f(We +Wp+Ww) L = Length of pipe to be restrained P =1.5 times working pressure A = Cross sectional area of pipe steel cylinder I.D. A = Deflection angle We = Weight of earth Wp = Weight of pipe Ww = Weight of water Oft f = Coefficient of friction 3) Inside Diameter The inside diameter, including the cement -mortar lining, shall be a minimum of the nominal diameter of the pipe specified, unless otherwise indicated on the drawings. I votioa ASC-53 PART DA - ADDITIONAL SPECIAL CONDITIONS an 4) Wall Thickness The minimum pipe wall steel thickness shall be as designed, but not less than 0.25" or pipe D/240, whichever is greater for pipe and fittings, with no minus tolerance. Where indicated on the plans, pipe and fittings shall have thicker steel pipe wall. The minimum steel wail thickness shall also be such that the fiber stress shall not exceed 50% of the minimum yield strength.of the steel for working pressure and shall not exceed 75% of the minimum yield strength of s the steel at the maximum pressure (including transient pressure), nor the following, at -the specified working pressure. Maximum Stress at Pipe Type Workina Pressure .. Polyurethane Coated Steel 23,000 psi Mortar Coated Steel Not Used am Pipe which is placed in casing or tunnel shall have a minimum pipe wall steel thickness of 0.25" or pipe O.D./240, whichever is greater. Pipe, fittings, and specials shall be designed such that the maximum stresses in the pipe due to thrust loading will not exceed 23,000 psi nor 50% of the steel yield strength at the thrust design .. pressure (1.5 times working pressure). 5) Seams am Except for mill -type pipe, the piping shall be made from steel plates rolled into cylinders or sections thereof with the longitudinal and girth seams butt welded or shall be spirally formed and butt welded. �` There shall be not more than two (2) longitudinal seams. Girth. seams shall be butt welded and shall not be spaced closer than 6' except in specials and fittings, a" 6) Joint Length .. Maximum joint length shall not exceed 50'. Maximum joint length of steel pipe installed in casing shall not exceed 25'. No rando_ ms will be permitted for straight runs of pipe. OR b. Joint Wrappers for Mortar Coated Steel Pipe Mortar Coating is not allowed for this project. C. Heat Shrink Sleeves for Polyurethane Coated Steel Pipe .r r_-m Heat shrink sleeves shall meet AWWA C216, as manufactured by Canusa, Rachem or approved equal. .. 11/02104 ASC-54 .. am CM PART DA - ADDITIONAL SPECIAL CONDITIONS d. Joint Bonds, Insulated Connections, and Flange Gaskets Joint Bonds, Insulated Connection, and Flange Gaskets shall be in accordance with Section 15640 in the Appendix. e. Bend Fittings All bend fittings shall be long radius to permit passage of pipeline pigs. f. Pipe Ends Or Pipe ends shall be lap welded slip joints, butt strap joint, flanged joint, or flexible coupled joint. Pipe ends shall be welded or harnessed where indicated and as necessary to resist thrust forces. oft 1) Rubber Gasket and Joint Rubber gasket joints are not allowed for this project. 2) Lap Welded Slip Joint i.) Lap_ welded slip joint shall be provided in all locations for pipe larger than 60" and where joints are welded for thrust restraint. Ends of pipe, fittings, and specials for field welded joints shall be prepared with one (1) end expanded in order to receive a plain end making a bell and plain end type of joint. Clearance between the surfaces of lap joints shall not .. exceed 1/8" at any point around the periphery. ii.) In addition to the provisions for a minimum lap of 1=1/2" as specified in AWWA C-200, the depth of bell shall be such as to provide for a minimum distance of 1" between the weld and the nearest tangent of the bell radius when welds are to w be located on the inside of the pipe. iii.) Lap welded slip joints may be welded from the inside for pipe diameters 42" and larger. Lap welded slip joints may be welded on the inside or outside for pipe diameters smaller than 42". on 3) For Fittings with Flanges Flanged joints shall be provided at connections to valves and where indicated. Ends to be fitted with slip-on flanges shall have the longitudinal or spiral welds ground flush to accommodate the type of flanges provided. Pipe flanges and welding of flanges to steel ® pipe shall conform to the requirements of AWWA C207 and AWWA C206. Pipe flanges shall be of rated pressure equal to or greater than the adjacent pipe class. Flanges shall match the fittings or appurtenances which are to be attached. Flanges shall be Class E 11102104 ASC-55 PART DA - ADDITIONAL SPECIAL CONDITIONS 91/02/04 with 275 psi working pressure in accordance with AWWA 6207 and in accordance with ANSI/ASME B16.1 Class 125 for areas designated with a 225 test pressure. 4) Flexible Couplings I i Flexible couplings shall be provided where specified. Ends to be joined by flexible couplings shall be of the plain end type, prepared as stipulated in AWWA C200. - In addition, the welds on ends to be •� joined by couplings shall be ground flush to permit slipping the i coupling in at least one (1) direction to clear the pipe joint. Harness bolts and lugs shall comply with AWWA Manual M11. i 5) Butt Strap Closure Joints Where necessary to make closure to pipe previously laid, closure joints shall be installed using butt strap joints in accordance with AWWA C206 and,applicable provisions of this specification. g. FactoryApplied exterior Polyurethane Coatings 1) Applicator Qualifications: "' i.) Equipment will be certified by the coating manufacturer to meet the requirements for material mixing, temperature .. control, application rate, and ratio control for multi -part coatings. ii.) Equipment not meeting the written requirements of the coating manufacturer shall be rejected for. coating application until repairs or replacement of the equipment is .. made to the satisfaction of the Engineer. iii.) Personnel responsible .for the application of the coating system shall have certification of attendance at the coating manufacturer's training class within the last three years. The certified applicator shall be present during all coating application work and shall have responsibility for controlling all aspects of the coating application. 2) Surface Preparation i i.) Visible oil, grease, dirt, and contamination shall be removed in accordance with SSPC-SP1, solvent cleaning. .. ii.) Surface imperfections such as metal slivers, burrs, weld splatter, gouges, or delaminations in the metal shall be an removed . by filing or grinding prior to abrasive surface preparation. ASC-56 PART DA - ADDITIONAL SPECIAL CONDITIONS iii.) In cold weather or when moisture collects on the pipe and the temperature of the pipe is less than 45 degrees, preheat r` pipe to a temperature between 45 and 90 degrees and 5 degrees above dew point. rw iv.) Pipe shall be cleaned by abrasive blasting with a mixture of steel grit and shot to produce the surface preparation cleanliness as specified. Recycled abrasive shall be .0 cleaned of debris and spent abrasive in an air wash separator. v.) Grit and shot abrasive mixture and gradation shall be adequate to achieve a sharp angular surface profile of the minimum depth specified. vi.) Protect prepared pipe from humidity, moisture, and rain. Keep pipe clean, dry, and free of flash rust. All flash rust, r. imperfections, or contamination on cleaned pipe surface shall be removed by reblasting prior to primer application. vii.) Priming and coating of pipe shall be completed in a continuous operation the same day as surface preparation. viii.) Wire wheel or blast exterior surfaces in accordance with SSPC-8P10; to a near -white metal blast cleaning with a 3.0 MIL angular profile in bare steel. 3) Equipment: Two -component, 1:1 mix ratio, heated airless spray unit. 4) Temperature:, Minimum 5 degrees F above dew point temperature. The temperature of the surface shall not be less than 60 degrees F during application. .r 5) Humidity: Heating of pipe surfaces may be required to meet requirements of 2.01A if relative humidity exceeds 80 percent. 6) Resin: Do not thin or mix resins; use as received. Store resins at a on temperature above 55 degrees F at all times. 7) Application: Applicator shall be approved by the coating as manufacturer and conform to coating manufacturer's recommendations. Apply directly to pipe to achieve a total (DFT) dry film thickness of 35 mils. Multiple -pass, one coat application process is permitted provided maximum allowable recoat time specified by coating manufacturer is not exceeded. The main line pipe shall have a cutback at time of application so that there is .. approximately 3-inches of bare steel on either side of the location of the future weld. The cutback area shall be sandblasted in the shop to facilitate easier field surface preparation. The exterior bare steel 11102104 ASC-57 1 no PART DA - ADDITIONAL SPECIAL CONDITIONS area of the pipe shall be adequately protected during pipe handling and shipment. 8) Recoating: Recoat only when coating has cured less than maximum time specified by coating manufacturer. When coating has cured for more than recoat time, brush -blast or thoroughly sand am the surface. Blow -off cleaning using clean, dry, high pressure compressed air. an 9) Curing: Do not handle pipe until coating has been allowed to cure, per manufacturer's recommendations. .. C. EXECUTION 1. INSTALLATION a. General 1) Install steel pipe, fittings, specials, and appurtenances as specified Am and required for the proper functioning of the completed pipe line. Install pipe, fittings, and specials in accordance with the Manufacturer's recommendations and AWWA Manual M-11. Pipe ®" shall be laid to the lines and grade indicated. Just before each joint of polyurethane coated steel pipe is lowered into the ditch it is to be inspected and tested for holidays. All damaged areas and holidays .n are to be repaired before the pipe is lowered into the trench. 2) The requirements of the plans and specifications govern for the a excavation and backfilling of trenches for laying steel pipe, fittings, and specials. Place and consolidate embedment and backfill prior to removing pipe stulls. Use immersion vibration or other approved method to consolidate embedment material. Maximum allowable pipe deflection is limited to 2% for mortar coated steel pipe and 3% for polyurethane coated steel pipe. 3) Keep the pipe clean during the laying operation and free of sticks, dirt, animals, and trash, and at the close of each operating day, effectively seal the open end of the pipe against the entrance of water using a gasketed night cap. Do not lay pipe in water. 4) Install bonds at all pipe joints, other than welded joints or inF.ulated as joints. b. Pipe Handling Pipe shall be handled at all times with a minimum of two wide non-abrasive slings, belts or other equipment designed to prevent damage to the coating an or lining. The equipment shall be kept in such repair that its continued use is not injurious to the coating. The spacing of pipe supports required to 11102104 ASC-58 On Am PART DA - ADDITIONAL SPECIAL CONDITIONS .. ON so .. .. handle the pipe shall be adequate to prevent cracking or damage to the lining or coating. C. Line Up and Bends 1) Line up pipe for joining so as to prevent damage thereto. Thoroughly clean the bell and spigot ends of each joint of pipe of foreign matter, rust and scale before placing spigot into bell. 2) Where abrupt changes in grade and direction occur, the Contractor shall employ special shop fabricated fittings for the purpose. Field cutting the ends of the steel pipe to accomplish angular changes in grade or direction of the line shall not be permitted. d. Pipe Laying — Rubber Gasket Joints Rubber Gasket joints are not allowed for this project. e. Pipe Laying — Welding Joints 1) Weld joints in accordance with the AWWA C206 for Field Welding am of Steel Water Pipe. Contractor shall provide adequate ventilation for welders and for Owner's representative to observe welds. Unless otherwise specified, welds shall be full circle fillet welds. Welding shall be completed after application of field applied joint '� coating. 2) Adequate provisions for reducing temperature stresses shall be the 04 responsibility of the Contractor. 3) After the pipe have been joined and properly aligned and prior to ++ the start of the welding procedure, the spigot and bell shall be made essentially concentric by shimming or tapking to obtain clearance tolerance around the peripheryof the joint. In no case shall the .. clearance tolerance be permitted to accumulate. 4) Before welding, thoroughly clean pipe ends. Weld pipe by machine or by the manual shielded electric arc process. Welding shall be performed so as not to damage lining or coating. Cover the polyurethane coating as necessary to protect from welding. 5) Fumish labor, equipment, tools and supplies, including shielded type welding rod. Protect welding rod from any deterioration prior to its use. If any portion of a box. or carton is damaged, reject the entire box or carton. 6) In all hand welding, the metal shall be deposited in successive Ma layers. For hand welds, not more than 1/8" of metal shall be deposited in each pass. Each pass except the final one, whether in butt or fillet welds, shall be thoroughly bobbed or peened to relieve 11102104 ASC-59 PART DA - ADDITIONAL SPECIAL CONDITIONS o. Oft shrinkage stresses and to remove dirt, slag, or flux before the succeeding bead is applied. Each pass shall be thoroughly fused into the plates at each side of the welding groove or fillet and shall '" not be permitted to pile up in the center of the weld. Undercutting along the side shall not be permitted. oft 7) Welds shall be free from pin holes, non-metallic inclusions, air pockets, undercutting and/or any other defects. am 8) If the ends of the pipe are laminated, split or damaged to the extent that satisfactory welding contact cannot be obtained, remove the pipe from the line. .. 9) Furnish each welder employed with a steel stencil for marking the welds, so that the work of each welder may be identified. Have each welder stencil the pipe adjacent to the weld with the stencil assigned to him. In the event any welder leaves the job, his stencil shall be voided and not duplicated if another welder is employed. 10) Use only competent, skilled and qualified workmen. Each welder employed by the Contractor shall be required to satisfactorily pass a welding test in accordance with AWWA C206 before being allowed to weld on the line. 11) After each welder has qualified in the preliminary tests referred to oft above, inspections shall be made of joints in the line. Any welder making defective welds shall not be allowed to continue to weld. on 12) Dye penetrant tests in accordance with ASTM E165, or magnetic particle test in accordance with AWWA C206 . and set forth in ANSI/AWS D.1.1. shall be performed by the Contractor under the No supervision and inspection of the Owner's Representative or an independent testing laboratory, on all full welded joints. Welds that are defective will be replaced or repaired, whichever is deemed an necessary by the Engineer, at the Contractor's expense. 13) If the Contractor disagrees with the Engineer's interpretation of welding tests, test sections may be cut from the joint for physical am testing. The Contractor shall bear the expense of repairing the joint, regardless of the results of physical testing. The procedure for repairing the joint shall be approved by the Engineer before .. -proceeding. f. Inside Joint Grouting for Pipe with Plant -Applied Mortar lining .. Upon completion of backfilling of the pipe trench, fill the inside joint recess with a stiff cement mortar. Prior to placing of mortar, clean out dirt or trash .. which has collected in the joint, and moisten the concrete surfaces of the joint space by spraying or brushing with a wet brush. Where the mortar joint opening is one inch or wider, such as where trimmed spigots are 11/02/04 ASC-60 an PART DA - ADDITIONAL SPECIAL CONDITIONS required, apply a bonding agent to mortar and steel surface prior to placing joint mortar. Ram or pack* the stiff mortar into the joint space and take extreme care to ensure that no voids remain in the joint space. After the joint has been filled, level the surfaces of the joint mortar with the interior surfaces of the pipe with a steel trowel so that the surface is smooth. Interior joints of pipe 24" and smaller shall have the bell buttered with mortar, prior to inserting the spigot, such that when the spigot is pushed into position it will extrude surplus mortar from the joint. The surplus mortar shall be struck off flush with the inside of the _pipe by pulling a filled burlap bag or inflated ball through the pipe with a rope. Am g. Exterior Gasket Joint Protection for Polyurethane Coated Steel Pipe 1) General .. Buried pipe joints shall be field coated after pipe assembly in accordance with AVWVA C216, using Heat Shrink Sleeves. Width of heat shrink sleeve shall be sufficient to overlap the polyurethane 00 coating by a minimum of 3-inches. Overlapping of two or more heat shrink sleeves to achieve the necessary width will not be permitted. 2) Heat Shrink Sleeves i.) Primer: Provide as recommended by the sleeve manufacturer. ii.) Filler Mastic: Mastic filler shall be provided for all bell and spigot and coupling type joints. Size and type shall be as recommended by the sleeve manufacturer for type of pipe and joint. iii.) Joint Coating: Cross -linked polyolefin wrap or sleeve with a mastic sealant, 85-mils total thickness, suitable for pipeline operating temperature, sleeve material recovery as recommended by the manufacturer. High recovery sleeves shall be provided for bell and spigot and coupling style joints with a minimum of 50-percent recovery. Sleeve length shall .. provide a minimum of 3-inches overlap onto intact pipe coating on each side of the joint. Width to take into consideration shrinkage of the sleeve due to installation and .. joint profile. iv.) Manufacturers: Canusa, or approved equal. .. 3) Installation i.) Clean pipe surface and adjacent coating of all mud, oil, grease, rust, and other foreign contaminates with a wire brush in accordance with SSPC-SP2, Hand Tool Cleaning, or SSPC-SP3, Power Tool Cleaning. Remove oil or grease 11/02/04 04 ASC-61 PART DA - ADDITIONAL SPECIAL CONDITIONS am contamination by solvent wiping the pipe and adjacent coating in accordance with SSPC-SP1, Solvent cleaning. Clean the full circumference of the pipe and a minimum of 6- inches onto the existing coating. ii.) Remove all loose or damaged pipe coating at joint and either repair the coating as specified herein or increase the length of the joint coating, where reasonable and practical. iii.) Complete joint bonding of pipe joints before application of joint coating. iv.) Joint bonds shall be low profile bonds and all gaps and crevices around the bonds shall be filled with mastic sealant. on 0% on MM v.) Store sleeves in shipping box until use is required. Keep dry .n and sheltered from exposure to direct sunlight. Store off the ground or concrete floors and maintain at a temperature between 60°F and 100°F as recommended by the sleeve oft manufacturer. vi.) Metal surface shall be free of all dirt, dust, and flash rusting im prior to sleeve application. vii.) Preheat pipe uniformly to 140OF to 160OF or as .n recommended by the sleeve manufacturer. Monitor pipe temperature using a surface temperature gauge, infrared thermometer, or color changing crayons. Protect preheated pipe from rain, snow, frost, or moisture with tenting or shields and do not permit the joint to cool. viii.) Prime joint with specified primer and fill all cracks, crevices, . and gaps with mastic filler in accordance with the manufacturer's recommendations for the full circumference of the pipe. x.) Apply heat _shrink sleeve when it is at a minimum temperature or 60OF -and while maintaining the pipe .. temperature above the preheat temperature specified. Apply sleeve in accordance with the manufacturer's instructions and center the sleeve over the joint to provide a .. minimum of 3-inches overlay onto the existing pipe coating. A-) Apply heat to the sleeve using either propane fire infrared heaters or wrap around heaters. Hold flame a minimum of 6-inches from the sleeve surface. Periodically roll the coating on the pipe surface. Heat from the center of the ! �„ sleeve to the outer edge until properly seated, then begin in the opposite direction. Monitor sleeve for color change, , where appropriate, or with appropriate temperature gauges. 11102104 ASC-62 On PART DA - ADDITIONAL SPECIAL CONDITIONS no xii.) Completed joint sleeve shall be fully bonded to the pipe and .. existing coating surface, without voids, mastic beading shall be visible along the full circumference of the sleeve, and there shall be no wrinkling or excessive burns on the sleeves. Sleeves which do not meet these requirements shall be removed and the joint recoated as directed by the Engineer. Minor repairs may be repaired using heat shrink sleeve repair kits. xiii.) Allow the sleeve to coot before moving, handling, or backfilling. In hot climates, provide shading from direct sunlight. Water quenching will be allowed only when permitted by the sleeve manufacturer. "' h. Protective Welded Joints Coating System for Polyurethane Coated Steel Pipe 1) General i.) Application of protective coating at the pipe joints will be as ,.� follows: apply a three layer joint coating system consisting of a factory applied 35 mil polyurethane coating, a field applied 60 mil by 6-inch wide strip of CANUSA HCO Wrapid ma Tape heat resistant tape at the location of the welding, and a field applied 110 mil (full recovered thickness) by 18-inch wide CANUSA AquaWrap high shrink heat shrinkable joint sleeve. After the heat shrinkable joint sleeve is installed, the aft Contractor my backfill the trench, and then weld the joint. Ell ii.) The Contractor is responsible for his operations so that they do not damage the factory applied coating system. iii.) When applying the three layer joint coating system for post welding the joints, the Contractor -must show that his operation will not damage the joint coating system to the Enginegr's satisfaction. The Contractor will be required to fully uncover a maximum of 10 joints, selected at random by the Engineer or Owner to visually inspect and test the joint after welding. Any damage must be repaired. If the Contractor's welding procedure damages the three layer joint coating system, the Contractor, at the direction of the Engineer, will be required to modify his welding procedure. 2) Joint Coating (3 Layer) i.) Apply three Layer Joint Coating System before Welding the Joint 11102104 Um ASC-63 .. PART DA - ADDITIONAL SPECIAL CONDITIONS ii.) Pipe Manufacturing and Heat Tape - A 35 mil thickness polyurethane coating shall be applied over entire length of pipe. The Contractor shall field apply 60 mil thick by 6-inich .. Wide strip of CANUSA HCO Wrapid Tape heat resistant tape to the exterior bell end of the pipe, centered on the location of the welding, over a 35 mil factory applied polyurethane •� coating. iii.) Surface Preparation and Installation for Heat Shrinkable .. Joint Sleeve a) Clean pipe surface and adjacent coating of all mud, oil, grease, rust, and other foreign contaminates with a wire brush in accordance with SSPC-SP2, Hand Tool Cleaning, or SSPC-SP3, Power Tool Cleaning. Remove oil or grease contamination by solvent wiping the pipe and adjacent coating in accordance with SSPC-SP1, Solvent cleaning. Clean the full circumference of the pipe and a minimum of 6-inches onto the existing coating. b) Remove all loose or damaged pipe coating at joint .m and either repair the coating as specified herein or increase the length of the joint coating, where reasonable and practical. .• c) Complete joint bonding of pipe joints before _ application of joint coating. im d) Joint bonds shall be low profile bonds and all gaps and crevices around the bonds shall be filled with mastic sealant. on e) Store sleeves in shipping box until use is required. Keep dry and sheltered from exposure to direct sunlight. Store off the ground or concrete floors and maintain at a temperature between 60°F and 100°F as recommended by the sleeve manufacturer. f) Metal surface shall be free of all dirt, dust, and flash rusting prior to sleeve application. am g) Preheat pipe uniformly to 140OF to 160°F or as recommended by the sleeve manufacturer. Monitor .. pipe temperature using a surface temperature gauge, infrared thermometer, or color changing crayons. Protect preheated pipe from rain, snow, .. frost, or moisture with tenting or shields and do not permit the joint to cool. 1110 y04 ASC-64 w dft PART DA - ADDITIONAL SPECIAL CONDITIONS .. an an No am Mq .. .. MR .. TIM h) Prime joint with specified primer and fill all cracks, crevices, and gaps with mastic filler in accordance with the manufacturer's recommendations for the full circumference of the pipe. i) Apply heat shrink sleeve when it is at a minimum temperature or 60°F and while maintaining the pipe temperature above the preheat temperature specified. Apply sleeve in accordance with the manufacturer's instructions and center the sleeve over the joint , to provide a minimum of 3-inches overlay onto the existing pipe coating. k) Apply heat to the sleeve using either propane fire infrared heaters or wrap around heaters. Hold flame a minimum of 6-inches from the sleeve surface. Periodically roll the coating on the pipe surface. Heat from the center of the sleeve to the outer edge until properly seated, then begin in the opposite direction. Monitor sleeve for color change, where appropriate, or with appropriate temperature gauges. 1) Completed joint sleeve shall be fully bonded to the pipe and existing coating surface, without voids, mastic beading shall be visible along the full circumference of the sleeve, and there shall be no wrinkling or excessive bums on the sleeves. Sleeves which do not meet these requirements shall be removed and the joint recoated as directed by the Engineer. Minor repairs may be repaired using heat shrink sleeve repair kits. m) Allow the sleeve to cool before moving, handling, or backfilling. In hot climates, provide shading from direct sunlight. Water quenching will be allowed only when permitted by the sleeve manufacturer. iv.) Inspection, Testing, and Repairs Holiday testing shall be performed using a wet sponge holiday tester at each joint after field application of heat shrinkable joint sleeve. If any holidays or cuts are detected, the sleeve shall be repaired using CANUSA Repair Patch Kit (CRPK) or approved equal. The damaged area shall be covered with a minimum of 50 mm overlap around the damaged area. '" i. Protection of Buried Metal 11102104 ASC-65 .. 8 11102104 PART" DA - ADDITIONAL SPECIAL CONDITIONS Buried ferrous metal such as bolts and flanges which cannot be protected with factory or field -applied polyurethane coatings or heat shrink sleeves shall be coated with two wraps of wax tape and encased in flowable fill. j. Repair and Field Touchup of Polyurethane Coating ' 1) Apply Madison GP II (E) Touchup Polyurethane Coating or equal Futura Coating for repair and field touch-up of polyurethane coating. 2) Repair Procedure - Holidays: i.) Remove all traces of oil, grease, dust, dirt, etc. ON ii.) Roughen area to be patched by sanding with rough grade sandpaper (40 grit). on iii.) Apply a 35 mil coat of repair material described above. Work repair material into scratched surface by brushing or on rolling in accordance with manufacturer's recommendations. iv.) Retest for Holiday. .. 3) Repair Procedure - Field Cuts or large Damage: 1.) If in the opinion of the Owner, or Owner's representative, oft that the polyurethane coating is excessively damaged. The pipe segment will be rejected until the coating system is removed and replaced so that the system is in a like -new AM condition. ii.) Remove burrs from field cut ends or handling damage and smooth out edge of polyurethane coating. iii.) Remove all traces of oil, grease, dust, dirt, etc. W.) Roughen area to be patched with rough grade sandpaper (40 grit). Feather edges and include overlap of 2 inches of roughened polyurethane in area to be patched. v.) Apply a 35 mil coat of repair material described above, in accordance with manufacturer's recommendations. Work -� repair material into scratched surface by brushing. Feather edges of repair material into prepared surface. Cover at least 1 inch of roughed area surrounding damage, or adjacent to field cut. A.) Test repairs for Holidays. .. k. Exterior Joint Protection for Mortar Coated Steel Pipe - NOT USED ASC-66 PART DA - ADDITIONAL SPECIAL CONDITIONS 1. Patch of Mortar Coating — NOT USED M. Patch of Lining (Plant or Field) 1) Repair cracks larger than 1 /16". Pipes with disbonded linings will be rejected. Excessive patching of lining shall not be permitted. Apply bonding agent to patch area. Patching of lining shall be allowed where area to be repaired does not exceed 100 square inches and has no dimension greater than 12". In general, there shall be not more than one (1) patch in the lining of any joint of pipe. 2) Wherever necessary to patch the pipe, make the patch with the .. mortar indicated. Do not install patched pipe until the patch has been properly and adequately cured and unless approved by the Engineer. n. Quality Control of Feld Applied Polyurethane Coating 1) Surface Preparation: Visually inspect surface preparation to ensure cleanliness and dryness requirements have been met. Use Testex tape on at least 1 joint/day to ensure that adequate profile is being achieved. 2) Visual: Visually inspect cured coating to ensure that the coating is completely cured with no blisters, "sticky" or "gooey" areas. Also check to ensure that the coating completely covers the steel and existing coating. .. 3) Thickness: Use a magnetic dry film thickness gauge on cured coating to ensure adequate thickness has been achieved according to SSPC PA2. 4) Adhesion: Perform the following procedure on a minimum of 1 joint per day: i.) Select area to test that has cured for at least 1 hour for fast setting coatings. ii.) Make small "X" cut through the coating down to the steel with a sharp knife. fm iii.) Each arm of the "X" should be approximately V long. iv) With the point of the knife, attempt to remove the coating at on the center of the "X" by sliding/poking the knife point under the coating. V.) Reject if coating is removed easily in large sections (>2 iw). Note that some qualitative judgment is necessary and that the longer the coating has cured, the greater the adhesion. 11/02104 ASC-67 PART DA - ADDITIONAL SPECIAL CONDITIONS vi.) Repair area with GP 11 (E) Touchup (or similar material) 5) Holiday Testing: Holiday testing shall be performed using a wet sponge holiday tester at each joint no sooner than one hour after field application of polyurethane coating. M„ 6) Inspection at Welding Joints: When applying the three layer joint coating system for post welding the joints, the Contractor must show that his operation will not damage the joint coating system to the .. Engineer's satisfaction. The Contractor will be required to fully uncover a maximum of 10 joints, selected at random by the Engineer or Owner to visually inspect and test the joint after welding. Any damage must be repaired. If the Contractor's welding procedure damages the three layer joint coating system, the Contractor, at the direction of the Engineer, will be required to modify his welding procedure. 2. HYDROSTATIC TEST .. Perform a hydrostatic test in accordance per City of Fort Worth Standards. ASC-68 Oft No oft am PART DA - ADDITIONAL SPECIAL CONDITIONS DA-122 CATHODIC PROTECTION (OMITTED) DA-123 GRAVEL DRIVEWAY REPAIR (OMITTED DA-124 REPLACEMENT OF TREES (OMITTED) DA-125 ADDITIONAL CITY OF FORTH WORTH WATER DEPARTMENT REQUIREMENTS FOR PIPE INSTALLED BY OTHER THAN OPEN CUT The water and wastewater carrier pipe within the steel encasement pipe shall have stainless steel supports or spacers. Cathodic protection shall not be required. Vents shall not be required. no .. MR no am MR .. oft oft .. oft MR no .. 11102104 ASC-69 PART E CERTIFICATES OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND 1.3 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Trinitv Bluff Water and Wastewater Imorovements (on East Peach and Pharr Streets) PROJECT NUMBER: P253-609170010283IP258-709170010283 IS TO CERTIFY THAT: Conatser 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 Expires 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: $ r Other — — — — — - -- m 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 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. Agencv Insurance Co.: Fort Worth A¢ent By Address Title 3 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4617 and City of Fort Worth Project No. P253-609170010283/P258-709170010283. CONTRACT", Conatser Co truc ' n , LP By: 1 Name:�0110�)�PPACI Title: V � C,,CP lSq CI f r►+ Date:& 'A' r - STATE OF TEXAS § COUNTY OF TARRANT § BefP me, the undersigned authority, on this day personally appeared MC, known to me to be the person whose name is subscribed to the foregoing instr�nd acknowledged to me that he executed the same as the act and deed of Conaster Construction. TX. LP for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 'day of Ju r\.2. , 20 1 c: ukL: 6—L� Notary Public in and for the State of Texas MCI" Nobry Pic, !Ie of Tom ; Ali► CommlWon Explm 11-12.2009 F.. V Y Y V V V V V V V V V V-k IR ■ 4 0 0 0 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. 4617 and City of Fort Worth Project Number P253-609170010283/P258-709170010283 Conat onstruc ' X, LP CO OR y: mam I?a oQps. vitc 1�rtsicletisr Title UIn1m ate STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared 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 Conatser Construction, TX, LP the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of %__. 2006. Notary Public in and for the State of Texas Bond No: 022020938 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § .. Liberty That we (1) Conatser Construction. TX. LP as Principal herein, and (2) Mutual Insurance Conm=_ a corporation organized under the laws of the State of (3) ate . 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: Nine Hundred Fortv-three Thousand Six Hundred Fortv and no/100................................................................... Dollars ($943.640.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. JUN 19 2ow WHEREAS, Principal has entered into a certain written contract with the Obligee dated the of . 2007 a copy of which is hereto attached and made a part hereof for all purposes, for the construction of: Trinity Bluff Water and Wastewater Improvements (on East Peach and Pharr Streets) 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. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this day of JUN 19 ZIN07, LJ q 10 q ATTEST: (Principal) Secretary (SEAL) WitItsasPrincipal ATTEST: Secretary kL) ess as Surety Carolyn Maples NOTE: Conal PRIN, BY: 'Title: PO B1 Fort Worth. TX 76119 Liberty Mutual Insurance Como_any Surety , B Name: Glenna S. Davis (Attorney -in -fact) Address: 175 Berkelev Street Boston, MA 62117 Telephone Number: 610-832-8240 (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. ■ w 0 10 Bond No: 022020938 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT Libert7 aeual iTte I i, C� Conatser Construction, TX, LPas Principal herein, and (2) a corpo ion organize an exilk gyunder the laws of the State of (3) MA 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 Nine Hundred Fortv-three Thousand Six Hundred Fortv and no/100.................Dollars ($943,640.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated Am 1 U 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: Trinitv Bluff Water and Wastewater Improvements (on East Peach and Pharr Streets) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. JUN 19 2001 SIGNED AND SEALED this day of .2007. lu • ATTEST: (Principal) Secretary Title: Vice President of Conatser Manaizement Group, Inc., GP (SEAL) PO Box 15448 Fort Worth. TX 76119 WitnbU as tt Princi Libertv _ Insurance C v� SU ATTEST: B Name: Glenna S. Davis Secretary Attorney in Fact (SEAL) Address: 175 Berkeley Street Witness as t Surety Carolyn Maples Boston, MA 02117 Telephone Number: 610-832-8240 w NOTE: 1. Correct name of Principal (Contractor). 2. Correct name of Surety. 3. State of incorporation of Surety. Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. r W i J CL d 1; y .O � C iCn id O L ' :.a 'M �O m y L • w0.+ OC d i J � e0 C ap 4) ;3 c� THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2116444 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint MICHAEL A. DELABANO, GREG A. WILKERSON, GLENNA S. DAVIS, CATHY VINSON, CAROLYN MAPLES, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS................. ................... ...............,................................................ ............................................................................................................................................................................................... , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100** ***************** DOLLARS ($ 25,000,000.00***** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 30th day of March 2007 LIBERTY MUTUAL INSURANCE COMPANY r ,k BY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OFMONTGOMERY On this 30th day of March , 2007 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY first above writtei 0 CERTIFICATE subscribed my name and.affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ,�(AWONWEALTH OF PPEMSYLVAMA NOWW5" TWM Pt'rrnp.> Co�euY } nnyrax��, � lulor. �, 2flO9 A"IMPAiaa of NOW" By Teresa Pastella, Notary Public I, the undersigned, Assistanetary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and t do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. uUN 19 goo? IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of Y � v a x By Davi M. Carey, Ass, " Secretary A cc d C .N 7 C R c co VH N u0, w C c . 0 QM o GL� C O E IL N t0 OC > d >� 00 N E� L :N "aT v� T Bond No: 022020938 MAINTENANCE BOND W THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: Liberty Mutual That Conatser Construction. TX. LP(Contractor), as principal, and Insurance Comoanv a corporation organized under the laws of the State of M_, (Surety), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas the sum of Nine Hundred Fortv-three Thousand Six Hundred Fortv and no/100.................Dollars ($943.640.00) lawfulmoney 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 thYN g 2007 day of 2007 copy of which is hereto attached and made a part hereof, the performance of the following described public improvements: 0 Trinity Bluff Water and Wastewater Improvements (on East Peach and Pharr Streets) the same being referred to herein and in said contract as the Work and being designated as project P253- 609170010283/P258-709170010283and 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 s WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) Years; and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these_presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and the City shall have and recover from 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. 2007. 'JUN 1 g 2007 • ATTEST: (SEAL) Conatser uctio F , LP 0 or • B Secretary ame: Mark Pa s G1�1tle: Vice President nf Cnnatser Management Group, Inc., GP ATTEST: (SEAL) Liberty Mutual Insurance Company Surety • B , Secretary Name: _Glenna S._ Dap» c Title: Attornev—in—Fact 175 Berkeley Street Boston. MA 02117 Address Liberty f Mutual. Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 PART G - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT THIS CONTRACT, made and entered into the day of JUN 19 2ON06and 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 Conatser 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: Trinitv Bluff Water and Wastewater Improvements (on East Peach and Pharr Streetsj 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. ■ L 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 as (Owner) Party of the Firsri part BY: / �-- Marc A. Ottistant City Manager Conatser Construction, TX, LP PO Box 15448 Fort Worth, T 76119 Contractok/ / L le: It �1(LSI61-Cylt- A. Douglas Rademaker, P.E. Director Department of Engineering ATTEST: AACity Seiretary (Seal) Cont ac - t oria&tiojk O WITNESSES: Date Approv as to Fi Asst. C Attome APPENDIX A STANDARD FIGURES AND DETAILS TRENCH REPAIR LIMITS EXISTING HMAC PAVEMENT EXISTING HMAC PAVEMENT SAW cut cur . •• �; .. � � �.. i,// // �% %�� ANEW HMAC fi/�j////j/ // /// � �., 8` MIN. , 2:27 CONCRETE' EXISTING BASE (IF ANY) EXISTING CURB •.a.;s, -�. .= '..? & GUTTER EXISTING CURB -�-1 12 z�;.• ".„ 12 �— & GUTTER k w• .,.1'.'� DITCH WALL BACKFILL MATERIAL (SEE NOTE #3) \x/'\S, PIPE 1rj�.f sX�-�E TRENCH REPAIR W/PERMANENT HMAC PAVEMENT AND NON -REINFORCED CONCRETE BASE TYPICAL SECTION NOTES: 1. PLACE A MIN. OF 2" HMAC SURFACE COURSE (TYPE "D" MIX) TO MATCH EXISTING HMAC PAVEMENT GRADE AS SHOWN. 2, PLACE A MIN. OF 8" 2:27 CONCRETE AS SHOWN. 3. FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS, AND IS OPTIONAL IN OTHER AREAS. FOR STORM DRAIN INSTALLATION, ALL CONSTRUCTION MUST BE IN ACCORDANCE BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD SPECIFICATIONS FOR STREET AND WITH THE CITY OF FORT WORTH STANDARD STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH SPECIFICATIONS FOR STREET AND STORM FOR WATER OR SANITARY SEWER INSTALLATION, DRAIN CONSTRUCTION. BACKFILL SHALL BE PER FIGURE A. ORTWORT CITY OF FORT WORTH, TEXAS DATE: 09/2005 PERMANENT ASPHALT PAVEMENT REPAIR WITH NON -REINFORCED CONCRETE BASE 2000-1A TRENCH REPAIR LIMITS EXISTING EXISTING EXISTING CURB HMAC PAVEMENT HMAC PAVEMENT EXISTING CURB & GUTTER & GUTTER MIN. 2" HOT MIX ASPHALT SAW Cur SAW cur EXIST ��• •���:,�J�1r"�•—; �A. {• •'ti•`LSE' �s""{`w'» `° S'` .. ... Mom'°. ,..ts i•�- .i-�•.-.i—'.•ti/•�.. , i .• ••y' �r ..� • \\\�\��.: \,>.• IN r. •fie*, �*, t . y •-�. ,�.•.. BASE NO.3 BARS ON 24" CENTERS EXIST BASE EXIST BASE BOTH WAYS WITH MIN. 2 A�3,�„4' +iy' �y"?a' TACK COAT BARS LONGITUDINAL IN DITCH 12• ...� r:'{, 12 CLASS "A" REINFORCED y \ CONCRETE BASE ti• :M �i 1 / /,�� •'1 � / BACKFILL MATERIAL \�/\ Fc;!• n M'��\�� (SEE NOTE #7) DITCH WALL ,�j�sx� ll%f%k� PIPE TRENCH REPAIR W/PERMANENT HMAC PAVEMENT AND REINFORCED CONCRETE BASE NOTES TYPICAL SECTION 1. REINFORCED CONCRETE PAVEMENT SHALL BE REPLACED TO ORIGINAL 7. FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES THICKNESS OR TO A MINIMUM THICKNESS OF 5" WHICHEVER IS GREATER. IN DOWNTOWN STREETS, AND IS OPTIONAL IN OTHER AREAS. FOR STORM DRAIN INSTALLATION, BACKFILL 2. IF STEEL EXISTS IN CONCRETE PAVEMENT TO BE CUT, THE STEEL SHALL BE CUT AND SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD SALVAGE AS POSSIBLE. A MINIMUM LAP SPLICE DISTANCE OF 12" SHALL BE PROVIDED. SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH 3. REINFORCED CONCRETE PAVEMENT WILL BE REPLACED OVER TRENCH, AS SHOWN, IN THE FOR WATER OR SANITARY SEWER INSTALLATION, EVENT NON —REINFORCED CONCRETE PAVEMENT IS REMOVED. BACKFILL SHALL BE PER FIGURE A. 4. ALL EXISTING ASPHALT COURSE SHALL BE REPLACED TO THE ORIGINAL DEPTH. MINIMUM PAVEMENT ON ALL ASPHALT STREETS SHALL BE 2" OF FINE GRADED SURFACE COURSE. ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD 5. BEDDING OF PIPE TO MATCH ADJACENT SECTIONS. SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION. 6. 2:27 CONCRETE MAY BE DELETED IF HALF THE SPECIFIED THICKNESS OF 2:27 IS ADDED TO THE CLASS "A" CONCRETE. ORT WORT CITY OF FORT WORTH, TEXAS DATE: 09/2005 PERMANENT ASPHALT PAVEMENT REPAIR NTH REINFORCED CONCRETE BASE 2000-16 EXISTING CURB & GUTTER TRENCH REPAIR LIMITS EXISTING HMAC PAVEMENT 2" HOT MIX ASPHALT EXISTING HMAC PAVEMENT SAW cur l SAW cLrr 6" MIN. COMPACTED FLEX -BASE MATERIAL DITCH WALL EXISTING BASE -� BACKFILL MATERIAL (SEE NOTE #3) - PIPE TRENCH REPAIR W/TEMPORARY HMAC PAVEMENT TYPICAL SECTION ,r EXISTING CURB & GUTTER NOTES: 1. PLACE A MIN. OF 2" HMAC SURFACE SOURSE (TYPE "D" MIX) TO MATCH EXISTING HMAC PAVEMENT GRADE AS SHOWN. 2. PLACE COMPACTED FLEX BASE MATERIAL AS SHOWN. 3. FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS, AND IS OPTIONAL IN OTHER AREAS. FOR STORM DRAIN INSTALLATION, BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD SPECIFICATIONS FOR STREET AND ALL CONSTRUCTION MUST BE IN ACCORDANCE STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH FOR WATER OR SANITARY SEWER INSTALLATION, WITH THE CITY OF FORT WORTH STANDARD BACKFILL SHALL BE PER FIGURE A. SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION. FoRTWoRm CITY OF FORT WORTH, TEXAS DATE: 09 /2005 TEMPORARY ASPHALT PAVEMENT REPAIR 2000-1 C MINIMUM 6" BACKFILL CC MINIM' EMBEI Ii TYPE "C" SACKFILL SEE SPEC. Et-2.4 O.C.D. SAID MATERIAL EMBEDMENT ce k INITIAL SACKFlLL O SEE SPEC. E1-2.3 G.C.O. LL- Z a z I WATER: SIZES UP TO AND INCLUDING 12" -� c- m III LI II: 111= > V---- TYPE C BACKFILL -k$ SEE SPEC. E11-2.4 F— r -MINIMUM INITIAL_ BACKFILL COVER: ,-t A i,; 7:i� '� ;ram p'' I I— G.C.O. z :WATER . ,ten -7♦ j SEWER — 12" I ` k ._y ' CRUSHED STONE OR SAND STORM DRAIN — 12" I 1 MATERIAL INITIAL BACKFILL L� i . ; I I— SEE .SPEC. Ei—2.4(b) OR m .• ��I: Ei-2.3 G.C.O. I °LLJ MINIMUM 6" ° °° i f EMBEDMENT ( —+ ,; — CRUSHED STONE I I 11�11� I I� I I I I I I sEE SPEC: E1-2.3 z �II�II II�Ii�I1=III— G.C.D. 0 WATER: SIZES 16" AND LARGER = SEWER: ALL SIZES STORM DRAIN: ALL SIZES I--- - W MATERIAL SPECIFICATIONS SAND GRADATION MESS THAN tOX PASSING 0 #200- SIEVE THE. EMBEDMENT AND BACKFlLL DETAILS PROVIDED ON THIS •P.L 10 OR LESS' SHEET $HALL REPLACE APPROPRIATE PROVISIONS OF BOTH THE-Et-14(b) AND El—Z3 OF THE G.C,D. AND STD. SPEC. ITEM 402 DOFF THE TPW STANDARD SPECIFICATIONS FOR G� STREET & STORM DRAIN CONSTRUCTION. ALL OTHER CRUSHED STONE GRADATION PROVISIONS OF THESE ITEMS SHALT. APPLY. SIEVE SIZE N RETAINED IV 0-10 -J 40-so WATER, SEWER & STORM DRAIN EMBEDMENT AND BACKFILL DETAILS o f 4 90-100 1 1 1 1 fe 95-100 CITY OF FORT WORTH-CONMUCTION STANDARD c_n FIGURE 'A DATE:2�-19-02 ai 3/4" LETTERIIdG (RECESSED FLUSH) ` [R36mm] FORT • WORTH LOGO 0 C IS OPTIONAL 4 WATER -- 013 F +� METER Four WORM[16n" 11 1/8" [283mm3-1 COVER SECTION F12 7/8" [327mm 11 3/8" 1 7/8" [289mm]' [48mm] r 978' 1 �IVA [251m ffe� •[305mm] n �. 15 3/8" [391 18 3/8" mm]-`� [467mmj BOX SECTION , [457mmJ '2 1/8" •5/16" 1 3/4" L54mm ` t8mm] ` [44mm] COVER SECTION [8mm] - 20" [508mmj 18 1/4" I [464mmj ` 16 3/4" [425mm j iw 1533mmj 24" [610mms BOX SECTION RcMued 3/21/2003 CITY OF PORT WORT WATER DEPARTMU 1000 THROCKMORTON FORT WORTH, TX. 761 8177-8 71-8240 FAX: 817--871-8195 CLASS 'A' STANDARD PLASTIC METER BOX WITH , CAST IRON LID FOR 3/4" & 1 " METERS SU AS SHOWN = L 1.- [4e'mm] Y•. 1e/1e- 1e ./1s• 1 O O (seemm] [s92mm] ` 176mml EMS"") 4' (102ffm4 PLAN VIEW (R3°"BOX SECTION 26 3/4' [679mmj 13 1/4' 13 1/4' (337mm, • [337mm, 1 3/4' r [44mm) 1 COVER SECTION �._ gag' [702mm] [eeemmj 1 3/4' J FORT WORTH LOGO [4'°'°'] IS OPTIONAL 2r (633mm] BOX SECTION Revised •3/21 /2003 CITY OF FORT WORTI WATER DEPARTMEN 1000 THROCKMORTON FORT WORTH, 'TX '. 761( 817-871-8240 FAX: 817-871-8195 CLASS 'B' STANDARD PLASTIC METER BOX WITH CAST IRON LID FOR 1-1 /2" & 2" METERS SG' AS SHOWN MANHOLE WATER VALVE � 1/Z W TYP 4.0' MH Z.0' WV ARS TYP. �;: ;� -�e�.: e • t: 3 MIN 3' �•i; i.••• ` a -,:. 1a.1 SURFACE 'l \ '• �.�. 3' TYP. ;% •~ A `• ' ,' J•e • I' ip N ..tip... •� •. • .•-e'... • . - , •:�.8� � ��/.. �'�� `• .�: BASE i• • RINGS •AND ECK j - CONCRETE COLLAR HEIGHT VARIES i CONCRETE USED SHALL BE 300 0 PSL [CRETE COLLAR SHALL EXTEND TO THE BOTTOM OF BASE (MIN.). iCRETE COLLAR SHALL BE: 4' x 4' for MANHOLE V x V for WATER VALVE. CONCRETE COLLAR for MANHOLE and WATER VALVE' NTS February 1993 COMPACTED 3' MIN. CLAY OR - 2-SACK CONC. - - - EMBEDMENT SEWER MAIN CLAY DAM PROFILE N.. T. S. i i COMPACTED - MIN. CLAY OR - 2-SACK CONC. 6" MIN, BEYOND L NORMAL TRENCH FL WIDTH AND DEPTH_----j �-- SEWER MAIN f CLAY DAM SECTION N.T.S. WA S TEWA TER CL A Y DA M CONS TRUC TION DA TF PROJECT.- L . CUT PIPE ABANDONED PIPE = • . REMOVE PIPE TO REMAIN S' MIN. 1 /3 C.Y. 1500 psi CONCRETE PLUG DETAIL WASTEWA TER PLUG DETAIL FOR- A BANDONED PIPE WE- OCT. 1995 PROJECT:.FTW95148 5' MIN. OW L .ti,� :.sue r..�•;�..��,�•� +r:rl' `islj}, .''•'.': •r'•. ���%77 j%� • 6" • ': %s! 2 27 CON( ;;. MIN. t'�X•'•��t"` +;�, • .vtity',��, PAVEMEM " R��LA ORTC CTHE� NEAREST JOINT OR CURB. EXISTING BASE ^.�' �:'_ • "` '�•• (IF ANY) 12" ; ., •t .,. 120 ;fir •�`'`�\� DITCH 105S PIPE t 1 EXISTING CONCRETE JOINT 1 STI PAVEMENT ONCRETE EXISTING CURB 1 .4 r TRENCH REPAIR W/REINFORCED CONCRETE PAVEMENT TYPICAL SECTION NOTES: 1. FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN 3. PLACE 6" OF 2:27 CONCRETE AS SHOWN. 1" OF REINFORCED DOWNTOWN STREETS AND IS OPTIONAL IN OTHER AREAS. CONCRETE MAY BE SUBTITUTED FOR EVERY 2" OF 2:27 CONCRETE. IF FLOWABLE FILL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED FOR SUCH. FOR STORM DRAIN INSTALLATION, BACKFILL 4. REINFORCEMENT OF CONCRETE MUST MEET CITY STANDARD OR MATCH SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD EXISTING, WHICHEVER IS GREATER. SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH. FOR WATER OR SANITARY SEWER 5. ALL CONSTRUCTION MUST 8E IN ACCORDANCE tNSTALLATION,BACKFILL SHALL BE PER FIGURE A. WITH THE CITY OF FORT WORTH STANDARD 2. REINFORCED CONCRETE PAVEMENT SHALL BE REPLACED TO ORIGINAL SPECIFICATIONS FOR STREET AND STORM DEPTH, OR TO A MINIMUM DEPTH OF 5" WHICHEVER IS GREATER.. DRAIN CONSTRUCTION. REV. 05/2006 ORTWO CITY OF FORT WORTH, TEXAS DATE: 09/2004 TRENCH REPAIR W/REINFORCED CONCRETE PAVEMENT 2000-2 ATTENTION CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 56,59 a 60. TYPICAL LAYOUTS 0 CVY OF FORT VO2TK TCXAS - COMSTRUCTJON STAnMD OCTOBER. 1992 11 RUNNING, x y 'OPE ' AUNNING SLOPE 120 tax t COVNTERSLOPE 4 1.12 task i 120 WAX ' WALK CURB RAMP 1 STREET NOfE: 111 Mw • h,'A%C#C 1 w 4 seal rtw t21 cft we %$w .kad No «ea11.2Q Fig. 84.7.2 Measuremad of Cwb Ramp Slopes ' PLANTING OR OTHER NONWAL MNG SURFACE ioE. 1 •- NM-1(< < ," M / 1.'N ar%L *.* Ua; .k+1► ..t dw VMW.w&-% %kA Mr CUVW 1:11. (a) Flared Slda Fig. 84.7.5 Sides of Curb Ramps F g. B�4.7.6 Built-up Curb Ramp 61 (b) Reverted Curb 10 CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS NoJO WHERE FEASTOL€, SEE FIGS. Se;59 i 60. 10'.ZiSi \� 14.2.6 Vehicalat Nays and Tadlitke i" Im o .P° r r V y o Mepatia�od.,Wow *-0.1 L.,.ff 0 t = .• cud„ni. Cc 6bkkatimm euPA&C -a..nk wp 1. wAU /+�sr..r.+a pray.,, ► w r i`hrr«wd e ric. eo - .P*bHa 81dc Wk Cmb Rsmps at Kuke4 7-*t coprvm 0 Itu Or Try wi.0 of Wlo w Amm re- l u RDA MONOLITHIC SIDEWALK CURB f STREET CURB LINES TO BEMC 4~ TIT 1/4" DEEP ' MN 9" 18" 43 —�--- 1.4 JOINT, 3. GAP e ' 4" �s7UWCVM AZLIK I CURB PAY LIMIT r r?M THE RACK Cr tM E][I'w M 1iLR AL pt., ' stir J.44 AND 3 vttC •NOTE,,, CAPPLtCARK L ALL U FOR PARKWAY WITH ELEVATION BELOW STREET ELEVATION, THE SIDEWAtX CURB MUST BE 2" __HIGHER THAN THE STREET CURB. V SIDEWALK CURB SHALL NOT ENCROACH ON THE PROPOSED WIDTH OF THE SIDEWALK OR RAMP. 3> FOR TYPE I RAMP MAXIMUM SIDEWALK CURD HEIGHT 0" M 7", TYPICAL RAMP X-SECTION CITY OF FORT WORTK TEXAS - CONSTRUCTION STANDARD OCTODER, .1992 0 RUNNING, X V 1L�� i RUNNING SLOPE / COUNTERSLOPE 1:1$ max 1 1:20 "w WALK CURB RJ1MP STREET • 111 sbpe � dt. •I�ne t a. k.d �4�e t21 twRa�tooe .hap am e.aN 1 � Fla. 84.7.2 Measurement of Cwb Reap Slope ' PLANTING OR OTHER NONWALKING SURFACE e 3 ioE s�•ti t+otE 11 14 At M 412V WRL *a:. a.o AW «t ape V.MW WC. AA'.K. CUXW 1:11. (a) Flared SWa+ Fig. 84.7.5 Ski" of Curb Ramps Fill. 54.7.6 Built-up Curb Ramp 4 MDR 'T" GUtb i io 51 s-1 PROJECT DESIGNATION. SIGN ivr f `a Citu f Fort Worthf l bt' 3 rl + / a vi' i 1 Project Title i -e + Contractor: vt Contractors Name �• FUNDED BY '1986-88 CAPITAL IMPROVEMENT PROGRAM a f-OMMUNTY DEVELOPMENT BLOCK GRANT PROGRAM V4 Scheduled Completion Date Year i v20 L->oQ-C" VWIt t "I tACXV-0� tv THITL LtTTVt$ Lc TTVqM & cm Cr IO rT V OM - 600CUM PM M—c "OA= TrrLf .QiTRfiCTCx t om vl MELY[TKA 0iMCA LETTERZ N HV—YITIU PRODUCT INFORMATION PROPERTY LINE----"/ I **CITY OF FORT WORTH ** From Stanley Roberts & Assoc., information Subject To Change. STANDARD CLEANOUT DESCRIPTION WEIGHT PART NO. CAP (PVC OR CAST-IRON) 16 Ibs ATL-424 6" #3 BARS 4" CONCRETE Cast Iron Lateral Cleanout WfSS Bolts and Coupling COLLAR 12" COLD JOINT REQUIRED Plastic Sewer Lateral Cleanout W/SS Bolts and Coupling 2.25 Ibs ATL-1524 _ " .. STANDARD PARK y jF , 4" u`E}(IST OR PRDP4 SIDEWALK.I i I� (T �,J T NOTES 14" M. r q4 I I -I �I I-wi CLEANOUT NOT 'r. 1.) THE SWEEP TEE AND PIPE FITTINGS INSTALLED SHALL 7" I lb..,y, a . DOUBLE BAND BACKFILL CLEANOUT STACK WITH >1-4c:lYq.t r;W,, BE SDR-35 OR SOR-26 PVC MATERIAL STAINLESS APPROVED GRANULAR BACKFILL, ' 2.) CONNEC110NS TO THE EXISTING SERVICE SHALL BE 12" STEEL 6" ALL AROUND MADE USING' RUBBER SLEEVE COUPLINGS WITH Mom' COUPLING STAINLESS STEEL DOUBLE BAND REPAIR SLEEVES. (I STACKON OR PVC) THE SLEEVES SHALL BE TIGHTENED TO THE TORQUE CONCRETE COLLAR (IRON RECOMMENDED BY THE MANUFACTURER. 3.) THE EMBEDMENT MATERIAL USED SHALL BE SAND, (PLAN VIEW) CONCRETE TWO WAY GRAVEL OR OTHER APPROVED BEDDING MATERIAL. 4.) ANCHOR ° " '" SLOPE OF THE SANITARY SEWER SERVICE SHALL BE r•, ,...., CLEANOUT TEE SWEEP TEE A MINIMUM OF 2 PERCENT. &) IN HIGH TRAFFIC AREAS (STREETS, DRIVEWAYS, SIDEWALKS & WALKWAYS SERVICE CLEANOUT (( EXISTING OR PROPOSED I T (1SEWER SERVICE' t 4 t SDR-35 OR--'�SDft-26 SERVICE, SLOPE —VARIES, 2� MIN. STACK AND. CAP SHALL BE OF CAST IRON. w••:.ii'"• '?;,,.� j ( 6.) IN NON —TRAFFIC AREAS SERVICE CLEANOUT STACK FERNCO FLEXIBLE COUPLING —�"f ''`'" — L MIN AND CAP SHALL BE PVC MATERIAL. REQUIRED IF EXISTING 1' MIN.v ( I 6" 7.) CONCRETE USED AROUND CLEANOUT ASSEMBLY SHALL SERVICE IS PRESENT, ii (—MIN BE 5 SACK, ;5,000 PSI MIX. . OTHERWISE PLUG. PAID FOR AS CLEANOUT SEWER MAIN &) PIPE AND FITTINGS SHALL BE SDR-35 OR SDR-26 PVC WHEN NOT IN HIGH TRAFFIC AREAS, DRIVEWAY — — — _ — PROPERTY LINE ' PROPERTY LINE PVC CLEANOUT — CAST IRON CLEANOUT REQUIRED MATERIAL TAT U PVC OR CAST IRON CLEANOUT CAP SIDEWALK SDR-35 OR SDR-26 TWO WAY CLEANOUT TEE SIDEWALK SDR-35 OR SDR-26 'SERVICE AND RISER PIPE If DOUBLE BAND REPAIR/TRANSITION COUPLINGS 5 SACK, 3000 PSI (CLASS B) CONCRETE l 1 CURB'CURB DRIVEWAY APPROACH SAND OR GRAVEL BEDDING MATERIAL STREET STREET CAST IRON CLEANOUT. BOOT PVC CLEANOUT BOOT TWO WAY SERVICE CLEANOUT APPENDIX B BNSF RAILWAY PERMITS on "'U - STAuBACH A World of Real Estate Knowledge March 21, 2006 Ms. Lisa Scotford City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Ms. Scotford: 05-28871, 05-28872, 05-28886 & 05-28887 Enclosed please find four (4) fully executed Agreements for the City of Fort Worth. A copy of the executed Agreement must be available upon request at the job site allowing authorization to do the work. Please contact Roadmaster at telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) days in advance of entry for each location and BEFORE YOU DIG, CALL 1-800-533-2891. If you need additional information please contact me at (817) 230-2627. Contract Specialist cc: Phil godson, BNSF, 1200 Frisco Road, B1397, Sherman, TX. 75090 3017 Lou Menk Drive, Suite 100 Fort Worth, Texas 76131-2800 The Staubach Company (817) 230-2600 Fax (817) 306-8129 provides global coverage through www.staubach.com DTZ Staubach Tie Leung. Tracking No. 05-28886 (� D PIPELINE LICENSE LF THIS LICENSE (License"), made as of the 21st day of March 2006, ("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF FORT WORTH, a Texas corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, licenses, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct, operate, within the licensed area, and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), One (1) Pipe Line(s), eight (8) inches in diameter inside an eighteen (18) inch steel casing ("PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Fort Worth, County of Tarrant, State of Texas, Line Segment 7500, Mile Post 346.89 as shown on the attached Drawing No. 1-36863, dated July 26, 2005 and revised September 7, 2005, attached hereto as Exhibit "A" and made a part hereof ("Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensors existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction, operation within the licensed area, and maintenance of a PIPE LINE in accordance with the Drawings and Specifications carrying water. Licensee shall not use the PIPE LINE to carry any other commodity or use the Premises for any other purpose. (a) Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPE LINE on Licensors property. In the event the PIPE LINE is now or in the future used in handling, or transporting "hazardous substances", Licensee agrees to obtain written approval from Licensor and further agrees to comply fully with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPE LINE and restore Licensors property as herein elsewhere provided. 1 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 (b) Notwithstanding anything contained in the liability section hereof, in case of a breach of the obligations contained in this Section, or any of them, Licensee agrees to assume liability for and to save and hold harmless Licensor from and against all injuries to any person and damage to property, including without limitation, employees and property of Licensor and Licensee and all related expenses, resulting in whole or in part from Licensee's failure to comply with any Standard issued by any governmental authority concerning "hazardous substances". Licensee, at its cost, shall assume the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, regardless of whether they are asserted against. Licensor or Licensee. Licensee also agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including; but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's handling, transporting, or disposing of "hazardous substances" on the property of Licensor. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPE LINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License shall commence on the Effective Date and shall continue for a period of Twenty-five (25) years, subject to prior termination as hereinafter described, and shall continue thereafter on a month -to -month basis unless terminated by either party giving thirty (30) days prior written notice. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Two 010 Thousand Five Hundred and No/100 Dollars ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefore) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPE LINE, including but not limited to the furnishing of Licensoe's Flagman ($500.00 per eight hour day, $95.00 per hour thereafter). Licensor shall give Licensee at least 48 hours notice of its intent to provide flagmen to the extent the same is reasonably practicable. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty 2 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1 /2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants or restrictions ("Legal Requirements") relating to the construction, maintenance and use of the PIPE LINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety training program at the following Internet Website "http://www.contractororientation.com This training must be completed no more than one year in advance of Licensee's entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other nr (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner, as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. 3 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensor's Roadmaster at 1200 Frisco Rd. B1397, Sherman,TX. 75090 telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) business days prior to installation of the PIPE LINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at * its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence _ or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. if ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense, construct, operate within the licensed area, and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. Further, when the PIPE LINE is used -for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, said PIPE LINE shall be constructed, installed, operated within the licensed area and maintained in conformity with the plans and specifications shown on the print attached hereto as Exhibit B and made a part hereof (which, if present, are to be deemed part of the Drawings and Specifications). Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPE LINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPE LINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPE LINE, it being solely Licensee's responsibility to ensure that the PIPE LINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided 4 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, and after giving written notice to Licensee, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensoes failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and operation any subsequent maintenance performed on the PIPE LINE within the licensed area, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. Upon completion of the construction of the PIPE LINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this .License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensors reasonable opinion, be interfered with by the PIPE LINE, Licensee shall, at its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect, make such changes in the PIPE LINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the existing or the construction of a new PIPE LINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling .r or excavating with mec anized equipment. Upon Licensee's written request, which shall be made thirty (30) business days in advance of Licensee's requested construction of the PIPE LINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensoe's underground utilities and pipelines at or near the vicinity of the proposed PIPE LINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 20-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for 5 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in its sole discretion a remedial plan to deal with the granular material. .Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE With a method. satisfactory to Licensor, (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises in the condition which existed as of the Effective Date of this License, normal wear and tear excepted. 18. Licensee's on -site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES' (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY 6 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (il) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (Iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. THE INDEMNIFICATION AND RELEASE REQUIRED ABOVE SHALL NOT APPLY IN THE EVENT THE DISCHARGE, RELEASE OR ESCAPE OF HAZARDOUS SUBSTANCES OR CONTAMINANTS, OR ASBESTOS IS PROXIMATELY CAUSED BY LICENSOR'S SOLE NEGLIGENCE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN N A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 7 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attomeys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensor acknowledges that the City of Fort Worth is basically a self -funded entity and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly and primarily by the City of Fort Worth and not by a commercial insurance company. Notwithstanding Licensees' status, Licensee shall require its Contractors at Contractors' sole cost and expense to procure and maintain during the construction of the pipeline the following insurance: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: 8 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 ♦ Bodily Injury and Property. Damage ry ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed. operations This policy shall also contain the following endorsements, which shalt be indicated on the certificate of insurance: ♦ 1t is agreed that any workers' compensation exclusion does not apply to Licensor's payments related to the Federal Employers Liability Act or a Licensor Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to:. ♦ Licensee's statutory Iiabifity under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPE LINE. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to*include Evacuation Expense Coverage Endorsement. ♦ No other endorsements restricting coverage may be added. 9 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 • The original policy must be provided to the Licensor prior to performing any'work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,000.00. f� I elect to participate in Licensor's Blanket Policy; ❑ 1 elect not to participate in Licensor's Blanket Policy. Other Requirements: All policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody or control. Licensee's insurance policies through policy endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and Staubach Global Services, Inc. as an additional insured with respect to work performed under this agreement. Severability of interest and naming Licensor and Staubach Global Services, Inc. as additional insureds shall be indicated on the cenuncate or insurance. If Licensee elects to include any deductible, self -insured retention or other financial responsibility for claims, Licensee shall itself directly cover, in lieu of insurance, any and all Licensor's liabilities that would otherwise, in accordance with the provisions of this License, be covered by Licensee's insurance as if Licensee elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Licensee shall fumish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audittfolder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. 10 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 .n Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee WARRANTS that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe ,. Corporation", 'The Burlington Northern and Santa Fe Railway Company" and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws we and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to 11 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws on the Premises which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensors right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensors prior written consent. NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE rANTAINFD IN THIS LICENSE LICENSEE HEREBY WAIVES ANY AND All I WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor shall give Licensee ten (10) days written notice of such default and shall give Licensee sixty (60) days to cure or such additional period as agreed to by Licensor. 12 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 If Licensee has commenced to cure such default but is unable to complete such cure due to circumstances beyond the Licensee's reasonable control, Licensor shall extend Licensee's time to cure an additional thirty (30) days or such additional time as agreed to by Licensor. Licensor may, at its option, terminate this License by serving written notice upon Licensee ten (10) days after the Licensee fails to cure such default during the specked cure period. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensoe's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. LIENS 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving ninety (90) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability nr nhlination_ whe#her of_indemnity or -otherwise. resultina from anv events haooenina prior to the date of termination. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor; which may be withheld in Licensoes sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to 13 of 15 Fonn 424; Rev. 08/27/02 Tracking No. 05-28886 such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: Staubach Global Services 3017 Lou Menk Drive, Suite 100 Ft. Worth, Texas 76131 Attn: Licenses/Permits with a copy to: BNSF Railway Company P.O. Box 961050 Ft. Worth, Texas 76161 Attn: Manager — Land Revenue Management If to Licensee: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 With a copy to: City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPE LINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION ••�b •:•:• •• .• aq• 1. • 1 - •. XFOMMOIFt19:169011110111• Via• • APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State of Texas and venue for any lawsuit that may arise shall be in Tarrant County. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, bu if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other --provision of this License. 14 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28886 INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In sm the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. at 38. The waiver by Licensor of the breach of any provision herein by L� nsee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY P.O. Box 961050 Fort Worth, Texas 76161-0050 By: U4U-1 VVI, . I � Stephen Kuzma Title: Manager, Land Revenue Management CITY OF FORT WORTH 10r)n Tf1rnnkmnrtnn _ Fort Worth, Texas 76102 By: Title: APPROV � AS TO FORM �jp, kSSISYfiNT CITY ATTORNEY 15 of 15 Form 424; Rev. 08/27/02 � v 4 TRACKING NO. 05-28886 EXHIBIT A ATTACHED TO CONTRACT BETWEEN BNSF RAILWAY COMPANY AND CITY OF FORT WORTH SCALE: 1 IN. = 100' FT. TEXAS DIV. FORT WORTH SUBDIV. L.S. 7500 I DATE 07/26/2005 REV: 09/07/2005 1 A rlrLLIML JnUWN DULU V- TX-21 MAP 04 PARCEL - r CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: . " 18" LENGTH ON R/W: 23' 23' CONTENTS: WATER WORKING PRESSURE: 56 PSI PIPE MATERIAL: DIP STEEL BURY: BASE/RAIL TO TOP OF CASING 5.9' "- SPECIFICATION / GRADE: C 151 G R -B BURY: NATURAL GROUND 5' 2.5 WALL THICKNESS: 0.25" 0.312" BURY: ROADWAY DITCHES COATING: N/A N/A CATHODIC PROTECTION N/A VENTS: NUMBER N/A_ SIZE - HEIGHT OF VENT ABOVE GROUND - NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT FORT WORTH COUNTY OF TARRANT STATE OF TX CTF nDAWIK]r un i_-AFRF'i EZI == STAUBACH A World of Real Estate Knowledge March 21, 2006 Ms. Lisa Scotford City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Ms. Scotford: 05-28871, 05-28872, 05-28886 & 05-28887 Enclosed please find four (4) fully executed Agreements for the City of Fort Worth. A copy of the executed Agreement must be available upon request at the job site allowing authorizationto do the work. Please contact Roadmaster at telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) days in advance of entry for each location and BEFORE YOU DIG, CALL 1-800-533-2891. If you need additional information please contact me at (817) 230-2627. Si ly, Annette enkins Contract Specialist cc: Phil Dodson, BNSF, 1200 Frisco Road, B1397, Sherman, TX. 75090 3017 Lou Menk Drive, Suite 100 -- Fort Worth, Texas 76131-2800 The Staubach Company (817) 230-2600 Fax (817) 306-8129 provides global coverage through www.staubach.com DTZ Staubach Tie Leung. Tracking No. 05-28887 PIPELINE LICENSE C(OP THIS LICENSE ("License"), made as of the 21st day of March 2006, ("Effective Da e") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF FORT WORTH, a Texas corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, licenses, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct, operate, within the licensed area, and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), One (1) Pipe Line(s), eight (8) inches in diameter inside an eighteen (18) inch steel casing ("PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Fort Worth, County of Tarrant, State of Texas, Line Segment 7500, Mile Post 346.89 as shown on the attached Drawing No. 1-36864, dated July 26, 2005 and revised September 7, 2006, attached hereto as Exhibit "A" and made a part hereof ("Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction, operation within the licensed area, and maintenance of a PIPE LINE in accordance with the Drawings and IN Specifications carving sewage. Licensee shall not use the PIPE LINE to cant' any other commodity or use the Premises for any other purpose. (a) Licensee covenants that it will- not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPE LINE on Licensor's property. In the event the PIPE LINE is now or in the future used in handling, or transporting "hazardous substances", Licensee agrees to obtain written approval from Licensor and further agrees to comply fully with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPE LINE and restore Licensor's property as herein elsewhere provided. 1 of 16 Form 424; Rev. 08/27/02 Is Tracking No. 05-28887 (b) Notwithstanding anything contained in the liability section hereof, in case of a breach of the obligations contained in this Section, or any of them, Licensee agrees to assume liability for and to save and hold harmless Licensor from and against all injuries to any person and damage to property, including without limitation, employees and property of Licensor and Licensee and all related expenses, resulting in whole or in part from Licensee's failure to comply with any Standard issued by any governmental authority concerning "hazardous substances". Licensee, at its cost, shall assume the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, regardless of whether they are asserted against Licensor or Licensee. Licensee also agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's handling, transporting, or disposing of "hazardous substances" on the property of Licensor. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPE LINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License shall commence on the Effective Date and shall continue for a period of Twenty-five (25) years, subject to prior termination as hereinafter described, and shall continue thereafter on a month -to -month basis unless terminated by either party giving thirty (30) days prior written notice. dM COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefore) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPE LINE, including but not limited to the furnishing of Licensors Flagman (500.00 per eight hour day, $95.00 per hour thereafter). Licensors all give Licensee at least 48 hours notice of its intent to provide flagmen to the extent the same is reasonably practicable. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty 2 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 go (30) days, after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants or restrictions ("Legal Requirements") relating to the construction, maintenance and use of the PIPE LINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensoe's applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety training program at the following Internet Website"http://www.contractororientation.com". This training must be completed no more than one year in advance of Licensee's entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other r (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or, additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner, as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commensally reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. 3 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensor's Roadmaster at 1200 Frisco Rd. B1397, Sherman, TX. 75090 at telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) business days prior to installation of the PIPE LINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense, construct, operate within the licensed area, and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or.the safe operation and activities of Licensor. Further, when the PIPE LINE is used for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, said PIPE LINE shall be constructed, installed, operated within the licensed area and maintained in conformity with the plans and specifications shown on the print attached hereto as Exhibit B and made a part hereof (which, if present, are to be deemed part of the Drawings and Specifications). Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPE LINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPE LINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPE LINE, it being solely Licensee's responsibility to ensure that the PIPE LINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided 4 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, and after giving written notice to Licensee, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and operation any subsequent maintenance performed on the PIPE LINE within the licensed area, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. Upon completion of the construction of the PIPE LINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the PIPE LINE, Licensee shall, at its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect, make such changes in the PIPE LINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the existing or the construction of a new PIPE LINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or. location of Pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee's written request, which shall be made thirty (30) business days in advance of Licensee's requested construction of the PIPE LINE, Licensor, will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed PIPE LINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 20-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee- and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for 5 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 Licensee's use, or may require Licensee to furnish for Licensors review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor, (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises in the condition which existed as of the Effective Date of this License, normal wear and tear excepted. 18. Licensee's on -site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOWS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY 6 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. THE INDEMNIFICATION AND RELEASE REQUIRED ABOVE SHALL NOT APPLY IN THE EVENT THE DISCHARGE, RELEASE OR ESCAPE OF HAZARDOUS SUBSTANCES OR CONTAMINANTS, OR ASBESTOS IS PROXIMATELY CAUSED BY LICENSOR'S SOLE NEGLIGENCE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY FAGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 7 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA') WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED JO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensor acknowledges that the City of Fort Worth is basically a self -funded entity,and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly and primarily by the City of Fort Worth and not by a commercial insurance company. Notwithstanding Licensees' status, Licensee shall require its Contractors at Contractors' sole cost and expense to procure and maintain during the construction of the pipeline the following insurance: 8 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ It is agreed that any workers' compensation exclusion does not apply to Licensor's payments related to the Federal Employers Liability Act or a Licensor Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance including coverage for, but not limited to: ♦ Licensee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall 9 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 FM only be effective during the initial installation and/or construction of the PIPE am LINE. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to include Evacuation Expense Coverage Endorsement. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Licensor prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,000.00. P/I elect to participate in Licensor's Blanket Policy; ❑ I elect not to participate in Licensor's Blanket Policy. Other Requirements: SM All policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody or control. Licensee's insurance policies through_ policy endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance T carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and Staubach Global Services, Inc. as an additional insured with respect to work performed under this agreement. Severability of interest and naming Licensor and Staubach Global Services, Inc. as additional insureds shall be indicated on the certificate of insurance. If Licensee elects to include any deductible, self -insured retention or other financial responsibility for claims, Licensee shall itself directly cover, in lieu of insurance, any and all Licensor's liabilities that would otherwise, in accordance with the provisions of this License, be covered by Licensee's insurance as if Licensee elected not to include a deductible, self -insured retention or other financial responsibility for claims. 10 of 16 Form 424; Rev. 08/27/02 E3 Tracking No. 05-28887 Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee WARRANTS that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. i ne Tact tnat insurance (incivarng, without rimrtatron, sea -insurance) is oDTaineQ Dy Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe Corporation", "The Burlington Northern and Santa Fe Railway Company" and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground 11 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 M storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) in the event that Licensor has notice from Licensee or otherwise of a release or violation of. Environmental Laws on the Premises which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any hoildings or cither structures ad*ae--nt to the Pr anlc s without Licensor's prior written consent. NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 12 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor shall give Licensee ten (10) days written notice of such default and shall give Licensee sixty (60) days to cure or such additional period as agreed to by Licensor. If Licensee has commenced to cure such default but is unable to complete such cure due to circumstances beyond the Licensee's reasonable control, Licensor shall extend Licensee's time to cure an additional thirty (30) days or such additional time as agreed to by Licensor. Licensor may, at its option, terminate this License by serving written notice upon Licensee ten (10) days after the Licensee fails to cure such default during the specified cure period. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensors ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. LIENS 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. TERMINATION 28. This License may be terminated ,by Licensor, at any time, by serving ninety (90) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensors Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. 13 of 16 Form 424;R0V-. U8r4 X!Z-'- ' — Tracking No. 05-28887 ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensors sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor. Staubach Global Services 3017 Lou Menk Drive, Suite 100 Ft. Worth, Texas 76131 Attn: Licenses/Permits with a copy to: BNSF Railway Company P.O. Box 961050 Ft. Worth, Texas 76161 Attn: Manager — Land Revenue Management If to Licensee: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 With a copy to: City Attorney City of Fort Worth . 1000 Throckmorton Street Fort Worth, Texas 76102 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPE LINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. 14 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28887 APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State of Texas and venue for any lawsuit that may arise shall be in Tarrant County. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 15 of 16 Form 424; Rev. 08/27/02 Tracking No. 05 28887 IN WITNESS WHEREOF, this License has. been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY P.O. Box 961050 Fort Worth, Texas 76161-0050 Stephen Kuzma Title: Manager, Land Revenue Management �. CITY OF FORT WORTH 1000 Throckmorton Fort Worth, Texas 76102 By: rc 40 A. O�7 .Title: giant eager APPR61/ - ORMB A@ TO FD E�y; r P%'MRANT 21i'Y-kFF6RME1. I" 0. 16 of 16 Form 424; Rev. 08/27/02 TRACKING NO. 05-28887 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN BNSF RAILWAY COMPANY AND CITY OF FORT WORTH SCALE: 1 IN. = 100' FT. JEXAS D IV. FORT WORTH SUBDIV. L.S. 750 DATE 07/26/2005 �..- REV, 09/07/2005 qjo aw x'',, �. r 2 �I v- TX-21 MAP 04 PARCEL - r t rru t nt_ Jnumv ouw CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: all 181, LENGTH ON R/W: 23' 23' CONTENTS: SS-WER WORKING PRESSURE: GRAY I TY PIPE MATERIAL: IP STEEL BURY: BASE/RAIL TO TOP OF CASING 8.1' SPECIFICATION / GRADE: C 151 GR-8 BURY: NATURAL GROUND 8.0' WALL THICKNESS: 0.25" 0.312" BURY: ROADWAY DITCHES 8.0' COATING: N/A N/A CATHODIC PROTECTION N/A VENTS: NUMBER N/A SIZE - HEIGHT OF VENT ABOVE GROUND NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT FORT WORTH COUNTY OF TARRANT STATE OF TX i CTF nRAWINr Nn. 1- IARA a _ - STAUBACH A World of Real Estate Knowledge ma March 21, 2006 Ms. Lisa Scotford "IP, City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Ms. Scotford: EJ 05-28871, 05-28872, 05-28886 & 05-28887 Enclosed please find four (4) fully executed Agreements for the City of Fort Worth. A copy of the executed Agreement must be available upon request at the job site allowing authorization to do the work. Please contact Roadmaster at telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) days in advance of entry for each location and BEFORE YOU DIG, CALL 1-800-533-2891. If you need additional information please contact me at (817) 230-2627. Si ly, Annette enkins Contract Specialist coo cc: Phil Dodson, BNSF, 1200 Frisco Road, B1397, Sherman, TX. 75090 3017 Lou Menk Drive, Suite 100 ka Fort Worth, Texas 76131-2800 The Staubach Company (817) 230-2600 Fax (817) 306-8129 provides global coverage through wwwstaubach.com DTZ Staubach Tie Leung. Tracking No. 05-28871 PIPELINE LICENSE THIS LICENSE ("License"), made as of the 21st day of March 2006, ffe tive Ye') by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF FORT WORTH, a Texas corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, licenses, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct, operate, within the licensed area, and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), One (1) Pipe Line(s), eight (8) inches in diameter inside an eighteen (18) inch steel casing ("PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Fort Worth, County of Tarrant, State of Texas, Line Segment 7500, Mile Post 347.03 as shown on the attached Drawing No. 1-36865, dated July 22, 2005 and revised September 7, 2005, attached hereto as Exhibit "A" and made a part hereof ("Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensors existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction, operation within the licensed area, and maintenance of a PIPE LINE in accordance with the Drawings and Specifications carrying water. Licensee shall not use the PIPE LINE to carry any other commodity or use the Premises for any other purpose. (a) Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPE LINE on Licensors property. In the event the PIPE LINE is now or in the future used in handling, or transporting "hazardous substances", Licensee agrees to obtain written approval from Licensor and further agrees to comply fully with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPE LINE and restore Licensors property as herein elsewhere provided. 1 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 (b) Notwithstanding anything contained in the liability section hereof, in case of a breach of the obligations contained in this Section, or any of them, Licensee agrees to assume -liability for and to save and hold harmless Licensor from and against all injuries to any person and damage to property, including without limitation, employees and property of Licensor and Licensee and all related expenses, resulting in whole or in part from Licensee's failure to comply with any Standard issued by any governmental authority, concerning "hazardous substances". Licensee, at its cost, shall assume the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, regardless of whether they are asserted against Licensor or Licensee. Licensee also agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's handling, transporting, or disposing of "hazardous substances" on the property of Licensor. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro -rats part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPE LINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License: shall commence on the Effective Date and shall continue for a period of Twenty-five (25) years, subject to prior termination as hereinafter described, and shall continue thereafter on a month -to -month basis unless terminated by either party giving thirty (30) days prior written notice. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefore) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPE LINE, including but not limited to the furnishing of•Licensor's Flagman ($500.00 per eight hour day, $95.00 per hour thereafter). Licensor shall give Licensee at least 48 hours notice of its intent to provide flagmen to the extent the same is reasonably practicable. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after sh the invoice date, then Licensee shall pay interest on such unpaid sum from thirty 2 of 15 Form 424; Rev. 08/27/02 ' Tracking No. 05-28871 (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in tl�e preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the - preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants or restrictions ("Legal Requirements") relating to the construction, maintenance and use of the PIPE .LINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety training program at the following Internet Website"hftp://www.contractororientation.com". This training must be completed no more than one year in advance of Licensee's entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by licensor and any other Parties whn may obtain written permission or authority from Licer-or.... (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner, as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specked in Section 3 above. 3 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licenser's Roadmaster at 1200 Frisco Rd B1397, Sherman,. TX. 75090 at telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) business days prior to installation of the PIPE LINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensoes tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to .or e, interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensoes personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense, construct, operate within the licensed area, and maintain the PIPE LINE in such .a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. Further, when the PIPE LINE is used for oil, gas, petroleum products, or other flammaoie ` or r lyhiy vuladIC substances under pressure, said PIPE LINE shall be constructed, installed, operated within the licensed area and maintained in conformity with the plans and specifications shown on the print attached hereto as Exhibit B and made a u part hereof (which, if present, are to be deemed part of the Drawings and Specifications). Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPE LINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPE LINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right f Licensor, the parties agree that Licensor has no duty or obligation to observ� or inspect, or to halt work on, the PIPE LINE, it being solely Licensee's responsibility to ensure that the PIPE LINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided 4 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its - option and at Licensee's sole expense, and after giving written notice to Licensee, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensoe's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and operation any subsequent maintenance performed on the PIPE LINE within the licensed area, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. Upon completion of the construction of the PIPE LINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensoe's Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensoe's reasonable opinion, be interfered with by the PIPE LINE, Licensee shall, at its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect, make such changes in the PIPE LINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensoe's rail corridor, including, without limitation, the relocation of the existing or the construction of a new PIPE LINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mecnanizea equipment. Upui i' wi K61 cyuwt, which shall be made thirty (30) business days in advance of Licensee's requested construction of the PIPE LINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensoe's underground utilities and pipelines at or near the vicinity of the proposed PIPE LINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 20-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensors reasonable opinion that granular material is present, Licensor may select a new location for 5 of 15 Form 424, Rev. 08/27/02 Tracking No. 05-28871 Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, cant' out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work., all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor, (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and as (d) . 18. leave the Premises in the condition which existed as of the Effective Date of this License, normal wear and tear excepted. Licensee's on -site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY 6 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 mm "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. THE INDEMNIFICATION AND RELEASE REQUIRED ABOVE SHALL NOT APPLY IN THE EVENT THE DISCHARGE, RELEASE OR ESCAPE OF HAZARDOUS SUBSTANCES OR CONTAMINANTS, OR ASBESTOS IS PROXIMATELY CAUSED BY LICENSOR'S SOLE NEGLIGENCE. (b) FURTHER, TO THE FULLEST EXTENT FERMI] I EU W LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF CERCLA OR ® OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY,. DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND- ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 7 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which. Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee.. Licensee shall pay all costs incident to such: defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensor acknowledges that the City of Fort Worth is basically a self -funded entity and as such, generally, it does not maintain a commercial liability insurance poricy to cover premises liability. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly and primarily by the City of Fort Worth and not by a commercial insurance company. Notwithstanding Licensees' status, Licensee shall require its Contractors at Contractors' sole cost and expense to procure and maintain during the construction of the pipeline the following insurance: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a -post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: 8 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ It is agreed that any workers' compensation exclusion does not apply to Licensor's payments related to the Federal Employers Liability Act or a Licensor Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. 4 Thydefinition -of- insured- contract shall- be -amended- to -remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance including coverage for, but not limited to: ♦ Licensee's statutory liability under the worker's compensation laws of the state(s) in which the worK is to be perrormea. if-c ptiui rdl ui tdtn Sid6 la+n,' the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPE LINE. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to include Evacuation Expense Coverage Endorsement. ♦ No other endorsements restricting coverage may be added. 9 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 ♦ The original policy must be provided to the Licensor prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. he limits of coverage are the same as above. The cost is $1,000.00. I elect to participate in Licensor's Blanket Policy; ❑ I elect not to participate in Licensor's Blanket Policy. Other Requirements: All policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody or control. Licensee's insurance policies through policy endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and. Staubach Global. Services, Inc. as an additional insured with respect to work performed under this agreement. Severability of interest and naming Licensor and Staubach Global Services, Inc. as additional insureds shall be indicated. on the certificate of insurance. If Licensee elects to include any deductible, self -insured retention or other financial responsibility for claims, Licensee shall itself directly cover, in lieu of insurance;. any and all Licensor's liabilities that would otherwise, in accordance with the provisions of this License, be covered by Licensee's insurance as if Licensee elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certfcate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. 10 of 15 Fonn 424; Rev. 08/27/02 Tracking No. 05-28871 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee WARRANTS that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s); who. have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall 'E�ntitle, but not require, Licensor to terminate this License immediately. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe Corporation', `The Burlington Northem and Santa Fe Railway Company" and the subsidiaries; successors, assigns and affiliates of each. Ef' 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the `Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to 11 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor,has notice from Licensee or otherwise of a release or violation of Environmental Laws on the Premises which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to. persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED -WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY..LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS UK IMPLItU, WI I H 0 THE PREMISES OR WHICH MAY EXIST BY OPERATION O.F LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor shall give Licensee ten (10) days written notice of such default and shall no give Licensee sixty (60) days to cure or such additional period as agreed to by Licensor. on 12 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 If Licensee has commenced to cure such default but is unable to complete such cure due to circumstances beyond the Licensee's reasonable control, Licensor shall extend Licensee's time to cure an additional thirty (30) days or such additional time as agreed to by Licensor. Licensor may, at its option,. terminate this License by serving written notice upon Licensee ten (10) days after the Licensee fails to cure such default during the specified cure period. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate. this License for any, subsequent default or defaults, nor shall any such waiver in any way affect Licensoe's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. n� LIENS 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted, by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving ninety (90) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensoe's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the gate or terminadon. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors or assigns_ of Licensee, -nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensor's sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to 13 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: Staubach Global Services 3017 Lou Menk Drive, Suite 100 ,Ft. Worth, Texas 76131 Attn: Licenses/Permits with a copy to: BNSF Railway Company P.O. Box 961050 Ft. Worth, Texas 76161 Attn: Manager — Land Revenue Management If to Licensee: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 With a copy to: City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPE LINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is. understood and agreed that this License shall not be placed oii� public record. . APPLICABLE -LAW- : 34. All questions conceming the interpretation, or application of provisions of this License shall be decided according to the laws of the State of Texas and venue for any lawsuit that may arise shall be in Tarrant County. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the'l remainder of such provision or any other provision of this License. 14 of 15 Form 424; Rev. 08/27/02 Tracking No. 05-28871 INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. Am 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that 'provision for any subsequent breach thereof. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY P.O. Box 961050 Fort Worth, Texas 76161-0050 By: A Lys, AAA, - Stephen Kuzma Title: Manager, Land Revenue Management CITY OF FORT WORTH Forh, as 76102 By. .� Mlanc A. Title: Assistant City Wnager AppROV D AS ALITY: FORM N r�SSIS ANT CITY ATTORNEY 15 of 15 Form 424; Rev. 08/27/02 CITY TRACKIN-u NO. 05-28871 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN BNSF RAILWAY COMPANY AND OF FORT WORTH SCALE: I IN. = 100' FT. I XAS DIV. FORT WORTH SUBDIV. L.S. 7500 DATE 0722/2005 REV=09/07/2005 � MP 347.03 ES 18323.13 i to w. I RSV/� C� °"' '' •. M. BAUGH SURVEY V- TX-21 MAP S-04 PARCEL - - / ROpfRr :a i I �' f;• /� Y L1ly� 1 t �' a" PRO,PELr), I SIZE: CONTENTS: PIPE MATERIAL: SPECIFICATION / GRADE: WALL THICKNESS: COATING: DESCRIPTION OF PIPELINE .PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE 811.1 _ 18" LENGTH ON R/W: 50' 50' j WATER WORKING PRESSURE: 56 PS I DIP STEEL. BURY: BASE/RAIL TO TOP OF CASING 17.9' C 151 GR B BURY: NATURAL GROUND 1.91 0.312 BURY: ROADWAY DITCHES ' N/�" N/ACATHODIC PROTECTION /A VENTS: NUMBER N/A SIZE - HEIGHT OF VENT ABOVE GROUND - NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT FORT WORTH COUNTY OF TARRANT STATE OF TX CTF' nanmtur,. kin i-zaPa - STAUBACH A World of Real Estate Knowledge an March 21, 2006 Ms. Lisa Scotford City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Ms. Scotford: 05-28871, 05-28872, 05-28886 & 05-28887 Enclosed please find four (4) fully executed Agreements for the City of Fort Worth. A copy of the executed Agreement must be available upon request at the job site allowing authorization to do the work. Please contact Roadmaster at telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) days in advance of entry for each location and BEFORE YOU DIG, CALL 1-800-533-2891. If you need additional information please contact me at (817) 230-2627. Si ly, Annette enkins Contract Specialist Enr40V #— cc: Phil Dodson, BNSF, 1200 Frisco Road, 131397, Sherman, TX. 75090 3017 Lou Menk Drive, Suite 100 Fort Worth, Texas 76131-2800 The Staubach Company (817) 230-2600 Fax (817) 306-8129 provides global coverage through www.staubach.com DTZ Staubach Tie Leung. Tracking No. 05-28872 PIPELINE LICENSE C(D D THIS LICENSE ("License"), made as of the 21st day of March 2006, ("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF FORT WORTH, a Texas corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, licenses, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct, operate, within the licensed area, and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) Pipe Line(s), twelve (12) inches in diameter inside a twenty-two (22) inch steel casing ("PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Fort Worth, County of Tarrant, State of Texas, Line Segment 7500, Mile Post 347.03 as shown on the attached Drawing No. 1-36834, dated July 22, 2005 and revised September 7, 2005, attached hereto as Exhibit "A" and made a part hereof ("Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensors existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction, operation within the licensed area, and maintenance of a PIPE LINE in accordance with the Drawings and Specifications carrying sewage. Licensee shall not use the PIPE LINE to carry any other commodity or use the Premises for any other purpose. (a) Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous.waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPE LINE on Licensor's property. In the event the PIPE LINE is now or in the future used in handling, or transporting "hazardous substances", Licensee agrees to obtain written approval from Licensor and further agrees to comply fully with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPE LINE and restore Licensors property as herein elsewhere provided. 1 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 (b) Notwithstanding anything contained in the liability section hereof, in case of a an breach of the obligations contained in this Section, or any of them, Licensee agrees to assume liability for and to save and hold harmless Licensor from and against all injuries to any person and damage to property, including without limitation, employees and property of Licensor and Licensee and all related on expenses, resulting in whole or in part from Licensee's failure to comply with any Standard issued by any governmental authority concerning "hazardous substances". Licensee, at its cost, shall assume the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, regardless of whether they are asserted against Licensor or Licensee. Licensee also agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's handling, transporting, or disposing of "hazardous substances" on the property of Licensor. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro -rats part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPE LINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License shall commence on the Effective Date and shall continue for a period of Twenty-five (25) years, subject to prior termination as hereinafter described, and shall continue thereafter on a month -to -month basis unless terminated by either party giving thirty (30) days prior written notice. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefore) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPE LINE, including but not limited to the furnishing of Licensors Flagman ($500.00 per eight hour day, $95.00 per hour thereafter). Licensor shall give Licensee at least 48 hours notice of its intent to provide flagmen to the extent the same is reasonably practicable. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty =1 2 of 16 Form 424; Rev. 08/27/02 L� Tracking No. 05-28872 0 (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%0), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants or restrictions ("Legal Requirements") relating to the construction, maintenance and use of the PIPE LINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety training program at the following Intemet Website "http://www.contractororientation.com". This training must be ,y completed no more than one year Iin advance of Licensee's entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost or costs" "expense" or "expenses" includes, but is not limited to, actual labor. and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other P ^r (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances'and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner, as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. 3 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensoes Roadmaster at 1200 Frisco Rd B1397, Sherman, TX at telephone (817) 352-2541 or cell phone (817) 313-2450, at least five (5) business days prior to installation of the PIPE LINE and prior to entering the Premises for any subsequent maintenance thereon. (b) in performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensoe's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be ar source of danger to or. interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to detennine the safe nature thereof; it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense,construct, operate within the licensed area, and maintain the PIPE LINE in such a manner and of such, material that it will not at any time be a source of danger to or interference with .the existence or use of present or future tracks, roadbed or property of Licensor, n- h safe operation and activities of Licensor. Further, when the PIPE LINE is. used for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, said PIPE LINE. shall be constructed; installed, operated within the licensed area and maintained in conformity with .the plans and specifications shown on the print attached hereto as Exhibit B and made a part hereof (which, if present, are to be deemed part of the Drawings and Specifications). Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPE LINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPE LINE by Licensoe's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPE LINE, it being solely Licensee's responsibility to ensure that the PIPE LINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided 4 of 16 Form 424; Rev. 08/27/02 Tracking Nb. 05-28872 an by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, and after giving written notice to Licensee, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and operation any subsequent maintenance performed on the PIPE LINE within the licensed area, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. Upon completion of the construction of the PIPE LINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the PIPE LINE, Licensee shall, at its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect; make such changes in the PIPE LINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the existing or the construction of a new PiPE LINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or.location of pipelines and other subsurface structures prior to drilling .. or excavating with mechanized equipment. Upon Ucer sees- written request, which shall be made _ thirty (30) business days in advance of Licensee's requested construction of the PIPE LINE, Licensor will provide Licensee any information that Licensor has in -the possession of its Engineering Department concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed PIPE LINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 20-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be' performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for 5 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 Licensee's use, or may require Licensee to fumish for Licensoe's review and .. approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, cant' out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be.. properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor, i (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises -in the condition which existed as of the- Effective Date of this License, normal wear and tear, excepted. 18. Licensee's on -site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST- EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY 6 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (1) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. THE INDEMNIFICATION AND RELEASE REQUIRED ABOVE SHALL NOT APPLY IN THE EVENT THE DISCHARGE, RELEASE OR ESCAPE OF HAZARDOUS SUBSTANCES OR CONTAMINANTS, OR ASBESTOS IS PROXIMATELY CAUSED BY LICENSOR'S SOLE NEGLIGENCE. (b) FURTHER, TO THE FULLEST EXTENT PEKhrill I IW 13Y LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 7 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attomeys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL. PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE. THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR _ IN PART- TO THE NEGLIGENCE OF ANY INDEMNITEE. oft INSURANCE 21. Licensor acknowledges that the City of Fort Worth is basically a self -funded entity and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly and primarily by the City of Fort Worth and not by a commercial insurance company. Notwithstanding Licensees' status, Licensee shall require its Contractors at Contractors' sole lost and expense to procure and maintain during the construction of the pipeline the following insurance: A* no 8 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: ♦ Bodily Injury and Property Damage ♦ Personal -injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ It is agreed that any workers' compensation exclusion does not apply to Licensor's payments related to the Federal Employers Liability Act or a Licensor Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law.. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following' ♦ Bodily injury and property,damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance including coverage for, but not limited to: ♦ Licensee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee 9 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPE LINE. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to include Evacuation Expense Coverage Endorsement. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must. be provided to the Licensor prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensoe's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor.. The limits of coverage are the same as above. The cost is $1,000.00. G� I elect to participate in Licensoe's Blanket Policy; ❑ I elect not to participate in Licensor's Blanket. Policy. Other Requirements: All policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery,: and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody or controi. Licensee's insurance policies through policy endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and Staubach Global Services, Inc. as an additional insured with respect to work performed under this agreement. Severability of interest and naming Licensor and Staubach Global Services, Inc. as additional insureds shall be indicated on the certificate of insurance. If Licensee elects to include any deductible, self -insured retention or other financial responsibility for claims, Licensee shall itself directly cover, in lieu of insurance, any and all Licensoe's liabilities that would otherwise, in accordance with the provisions of this 10 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 no License, be covered by Licensee's insurance as if Licensee elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Licensor, a certified duplicate original of any required policy shall be �. furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee WARRANTS that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry.• If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Faiiui a to W uvidG ra Licensor to terminate this License immediately.. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe Corporation°, "The Burlington Northern and Santa Fe Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 11 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 ENVIRONMENTAL ` 22. (a) Licensee shall strictly comply with ail federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensors Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of ail measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws on the Premises which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Ucensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities Upon the Premises which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to' persons or property arising out of such conditions or activities; provided, .....however, that Licensee's reporting to Licensor shall not relieve Licensee of any .� obligation at imposed' on it by this ucense Licensee shall piompi.ly respond to Licensor's request for information regarding said conditions or' activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other strictures adjacent to the Premises without Licensor's prior written consent. NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL 12 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION. OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. oft DEFAULT 26. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor shall give Licensee ten (10) days written notice of such default and shall give Licensee sixty (60) days to cure or such additional period as agreed to by Licensor. If Licensee has commenced to cure such default but is unable to complete such cure due to circumstances beyond the Licensee's reasonable control, Licensor shall extend Licensee's time to cure an additional thirty (30) days or such additional time as agreed to by Licensor. Licensor may, at its option, terminate this License by serving written notice upon Licensee ten (10) days after the Licensee fails to cure such default during the specified cure period. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensors ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. LIENS 27. Licensee shall promptly pay and discharge any and all liens .arising out . of any construction, alterations or repairs done, suffered or permitted to be done by. Licensee on Premises -Licensor is hereby authorized to post any notices' or take any other action . upon or with respect to Premises that -is or. may, be permitted by law to prevent the attachment of any such liens to Premises; provided; however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving ninety (90) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If -L'icensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability 13 of 16 Form 424. Rev. 08/27/02 Tracking No. 05-28872 or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. ASSIGNMENT .� 30. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest.herein, without the prior written consent and approval of Licensor, which may be Withheld in Licensor's sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of. a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no a' less than thirty (30) days' advance written notice of such change in address. If to Licensor. Staubach Global Services 3017 Lou Menk Drive, Suite 100 Ft. Worth, Texas .76131 Attn: Licenses/Permits with a copy to: BNSF Railway Company P.O. Box 961050 Ft. Worth; Texas 76161 Attn: Manager — Land Revenue Management If to Licensee: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 With a copy to: City Attorney City of Fort Worth 1000 Throckmortori Street Fort Worth, Texas 76102 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPE LINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. 14 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State of Texas and venue for any lawsuit that may arise shall be in Tarrant County. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Mft Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. .. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. M IM 15 of 16 Form 424; Rev. 08/27/02 Tracking No. 05-28872 IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY P.O. Box 961050 Fort Worth, Texas 76161-0050 By:, Stephen Kuzma Title: Manager, Land Revenue Management CITY OF FORT WORTH .® 1000 Throckmorton Fort WoFth, Texas 76102 By. Marc A, Ott -- Title: Assistant City Manager APPROVED A8 TO FORM.A ND LEGALITY". ASSISTRNT CIT1�7i1'TbFiNEY---- LEI wk 16 of 16 Form 424; Rev. 08/27/02 TRACKING NO. 05-28872 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN MR BNSF RAILWAY COMPANY AND CITY OF FORT WORTH cn cn L, to M. BAUGH SURVEY V- TX-21 ,i SCALE: 1 IN. = 100' FT. MAP S-04 a JEXAS D I V. PARCEL - Q FORT WORTH SUBDIV. L.S. 7500 i m DATE 07/22/2005 t > > t REV: 09/07/2005 MP 347.03 ES 18323.01 4 pROPERT T c,� i I It O w sl- OP T Y C/ryEcv y - 0 DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: 121, 22 " LENGTH ON R/W: 71 ' 71 ' CONTENTS: SEWER WORKING PRESSURE: GRAV I TY PIPE MATERIAL: DIP STEEL BURY: BASE/RA-IL TO TOP OF CASING 19.5 SPECIFICATION / GRADE: C 151 GR B BURY: NATURAL GROUND 7.6' WALL THICKNESS: 0.28" 0.3A4" BURY: ROADWAY DITCHES 7.6' COATING: PROTOCTO N/A CATHODIC PROTECTION N/A VENTS: NUMBER N/A SIZE - HEIGHT OF VENT ABOVE GROUND NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT FORT WORTH COUNTY OF TARRANT STATE OF TX CTF f)RAWING NO. 1-36834 APPENDIX C SOIL TEST HOLE DATA CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: WATER IMPROVEMENTS ON PEACH AND PHARR.STREETS DOE NO.: 4617 FUND CODE: 01/02 HOLE # 1 LAB NO! 40995 .LOCATION: CL OF PEACH ST. 30' WEST OF HARDING 3.50" HMAC 3.50" CONCRETE (COMPRESSIVE STRENGTH 2992 PSI) 13.00" GRAY CLAY ATTERBURG LIMITS: LL: 26.3 PL: 16.2 PI: 10.1 SHRKG: 5.0% MUNSELL COLOR CHART: 6/3 PALE BROWN SANDY CLAY ,UNIT WEIGHT: N/A #/CFT HOLE # 2 LAB NO: 40996 LOCATION: S/4 OF PEACH ST. 90' WEST OF N. NICHOLS ST. 3.00" HMAC :10.00" REDDSIH BROWN SANDY CLAY W/GRAVEL 7.00" REDDSIH BROWN CLAY ATTERBURG LIMITS: LL: 38.4 PL: 23.5 PI: 14.9 SHRKG: 11.0% MUNSELL COLOR CHART: 6/4 LIGHT YELLOWISH BROWN SANDY CLAY UNIT WEIGHT: 138.0 #./CFT HOLE # 3 LAB NO: 40997 LOCATION: N/4 OF PEACH ST. 40' WEST OF N. HAMPTON ST. 1.50" HMAC . 3.00" GRAVEL 15.50" GRAY SANDY CLAY ATTERBURG LIMITS: LL: 33.4 PL: 17.1 PI: 15.3 SHRKG: 8.0% MUNSELL COLOR CHART: 7/3 VERY PALE BROWN GRAY CLAY UNIT WEIGHT: 132..0 #/CFT HOLE # 4 LAB NO. 40998 LOCATION: CL OF PEACH ST. 50' EAST OF N. HAYS ST. 3.00" HMAC 10.00" REDDISH BROWN SANDY CLAY W/GRAVEL 7.00" REDDSIH BROWN CLAY ATTERBURG LIMITS: LL: 43.1 PL: 24.3 PI: 18.8 SHRKG: 12.0% MUNSELL COLOR CHART: 6/3 DARK BROWN CLAY UNIT WEIGHT: 138.0 #/CFT 2 DOE #4617 .... .. .. �..�.... .�. .� �... ..... ......�.. .��.. .. .�... .��..... ... �. .. ��.._.. ......._. .... ._. ......._ �.._.. ... .� .. ..: .... .. .. 6. .. ... ... .... _... ...._....�...._ APPPROVAL: R JERI ROUTING DATE TESTED: 08-20-04 ABE CALDERON DATE REPORTED: 08-31-04 LIAM CONLIN TESTED BY: HERNANDEZ FILE CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: WATER IMPROVEMENTS ON PEACH AND PHARR STREETS DOE NO.: 4617 FUND CODE: 01/02 'HOLE # 1 LAB NO: 40959 LOCATION: S/4 OF PHARR ST. 60' EAST OF N. NICHOLS ST. 1.75" HMAC 5.50" CONCRETE (COMPRESSIVE STRENGTH 1345 PSI) 5.25" BROWN SAND 8.00" BROWN.CLAY W/GRAVEL 'ATTERBURG LIMITS: LL: 19.2 PL: 13.0 PI: 6.2 SHRKG: 5.0% MUNSELL COLOR CHART: 6/3 LIGHT BROWN SAND 'UNIT WEIGHT: N/A #/CFT HOLE # 2 LAB NO: 41000 iLOCATION: CL OF PHARR ST. 100' WEST OF N. NICHOLS ST. 2.50" HMAC 5.50" CONCRETE (COMPRESSIVE STRENGTH 1905 PSI) 4.00" REDDSIH BROWN SAND 8.00" REDDSIH BROWN CLAY W/GRAVEL .ATTERBURG LIMITS: LL: 44.4 PL: 20.3 PI: 24.1 SHRKG: 13.0% MUNSELL COLOR CHART: 6/4 LIGHT BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 3 LAB NO: 41001 LOCATION: N/4 OF PHARR ST. 50' WEST OF N. HAYS ST. 1.75" HMAC 4.25" REDDSIH BROWN SANDY CLAY 3.00" RED SAND 11.00" BROWN CLAY ATTERBURG LIMITS: LL! 22.9 PL: 17.4 PI: 5.5 SHRKG: 4.0% MUNSELL COLOR CHART: 5/3 BROWN SAND 'UNIT WEIGHT: 132.0 #/CFT HOLE # 4 LAB NO: 41002 LOCATION: S/4 OF PHARR ST. 40' EAST OF SANTA FE RAIL ROAD 4.00" HMAC 5.00" TAN SANDY CLAY W/GRAVEL 11.00" BROWN SANDY CLAY ATTERBURG LIMITS: LL: 40.1 PL: 24'.3 PI: 15.8 SHRKG: 9.0% ,MUNSELL COLOR CHART: 5/3 BROWN CLAY UNIT WEIGHT: 146.0 #/CFT DOE #4617 APPPROVAL*RYERI DATE TESTED: 08-20-04 DATE REPORTED: 08-31-04 TESTED BY: HERNANDEZ ROUTING ABE CALDERON LIAM CONLIN FILE 2 L zc-7L g. S-r' am CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: WATER IMPROVEMENTS ON PEACH AND PHARR STREETS DOE NO.: 4617 FUND CODE: 01/02 HOLE # 1 LAB NO: 40989 LOCATION: E/4 OF N. ELM ST. 65' SOUTH OF E. BLUFF ST. 14.00" HMAC 5.00" CONCRETE (SAMPLE DAMAGED NO PSI) 11.00" BROWNISH YELLOW SANDY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 28.0 PL: 18.3 PI: 9.7 SHRKG: MUNSELL COLOR CHART: 7/3 PINK SANDY CLAY ;UNIT WEIGHT: N/A #/CFT HOLE # 2 LAB NO: 40990 LOCATION: CL OF N. ELM ST. 40' SOUTH OF E. PEACH ST. 4.50" .HMAC 3.00" CONCRETE (SAMPLE DAMAGED NO PSI) 7.00" BROWN SANDY CLAY W/GRAVEL 5.50" BROWN SANDY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 38.0 PL: 18.6 PI: 14.4 SHRKG: MUNSELL COLOR CHART: 7/2 LIGHT GRAY SANDY CLAY UNIT WEIGHT: N/A .#/CFT HOLE # 3 LAB NO: 40991 LOCATION: W/4 OF SAMUELS AVE. 76' NORTH OF E. PEACH ST. 3.50" HMAC 5.00" CONCRETE (SAMPLE DAMAGED NO PSI) 6.00" BROWN SANDY CLAY W/GRAVEL 5.50" BROWN SANDY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 48.8 PL: 25.6 PI: 23.2 SHRKG: MUNSELL COLOR CHART: 6/2 LIGHT BROWNISH GRAY CLAY UNIT WEIGHT: N/A #/CFT APPPROVAL: RY JERI DATE TESTED: 08-23-04 DATE REPORTED: 08-31-04 TESTED BY: HERNANDEZ ROUTING ABE CALDERON LIAM CONLIN FILE 6.0% 9.00 14.0%