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Contract 34478
CITY SECRETARYrE CITY SECRETARY � 'CONTRACT NO. p,O.E. FILE FORTWORTH CONTRACTOR'S BONDING CC, CONSTRUCTION'S COPY SPECIFICATIONS CLIENT DEPARTMENI and CONTRACT DOCUMENTS for 2004 CAPITAL IMPROVEMENTS PROJECT LANGSTON STREET (FROM STRONG AVE.TO BURTON AVE.) WINNIE BOULEVARD (FROM DALLAS AVE.TO HAMPSHIRE BLVD.) UNIT 1 WATER IMPROVEMENTS Water Project No.P264-541200-060517-00021-83,D.O.E.No.4574 SEWER IMPROVEMENTS Sewer Project No.P274-541200-070517-00021-83,D.O.E.No.4574 UNIT 2 PAVING IMPROVEMENTS T/PW Project No.C200-541200-020540-00021-83,D.O.E.No.4574 CITY OF FORT WORTH, TEXAS MIKE MONCRIEF CHARLES R.BOSWELL MAYOR CITY MANAGER S.FRANK CRUMB,P.E. ROBERT D.GOODE,P.E. DIRECTOR DIRECTOR WATER DEPARTMENT TRANSPORTATION AND PUBLIC WORKS A.DOUGLAS RADEMAKER,P.E. DIRECTOR DEPARTMENT OF ENGINEERING OF *: •• :.............. .. • .MICHAEL F.GRAVES •• 79733 •' PREPARED BY: 414eh�v��� CHIANG, PATEL & YERBY, INC. C Ry9 15100 Trinity Blvd.,Suite 200 f Fort Worth TX 7 155 ` ' I Y' ROD Phone: 817.354.0189 Fax: 817.354.4935 CITY SECIERRY April 2006 FT.UK fix. WWW'4CFW14et4Q1rq Home I Council Agenda I M&C I Employee Directory I Morning Report I Ads I PRS I IT Online I Departments I Site Map Print M&C m.......,.:..,:h,y. .; COUNCIL ACTION: Approved on 9/26/2006 -Ordinance No. 17184-09-2006 w,,.,.,oi < .:w�.a�s,a....a.cra.�i,:,,,x e�:2 ,,, ,.,, ..iu.:a.. .,,,loll o;,,,,, c.,,.: .,;.�iiic,2u✓oo��-<.. ..,... :`���. ,«;,:�v�c..-,..., _ �c, _. DATE: 9/26/2006 REFERENCE NO.: **C-21707 LOG NAME: 302WINNIE00021 CODE: C TYPE: CONSENT PUBLIC HEARING:NO SUBJECT: Authorize Execution of Contract with McClendon Construction Company, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Winnie Street and Langston Street (Project No. 00021) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$624,117.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$225,309.00 and Sewer Capital Projects Fund in the amount of$398,808.00; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$225,309.00 and the Sewer Capital Projects Fund in the amount of $398,808.00, from available funds; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of$918,899.00 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Winnie Street (Dallas Avenue to South Hampshire Boulevard) and Langston Street (Strong Avenue to Burton Avenue). DISCUSSION: The 2004 Capital Improvement Program (CIP) includes funds for Pavement Reconstruction on Winnie Street (Dallas Avenue to South Hampshire Boulevard) and Langston Street (Strong Avenue to Burton Avenue). Street improvements include pavement reconstruction, construction of standard concrete curb and gutter, driveway approaches and sidewalks as indicated on the plans. The Water Department has determined that severely deteriorated water and sanitary sewer lines should be replaced prior to street reconstruction. On September 7, 2004, (M&C C-20260) the City Council approved an engineering agreement with Chiang, Patel & Yerby, Inc., for the preparation of plans and specifications for pavement reconstruction and water and sanitary sewer main replacement on Winnie Street (Dallas Avenue to South Hampshire Boulevard) and Langston Street (Strong Avenue to Burton Avenue). The pavement reconstruction was designed based on two alternates: • Alternate "A" consists of a 6-inch hot mix asphalt concrete (HMAC) pavement over 8-inch lime stabilized subgrade with 7-inch concrete curb and 18-inch gutter. • Alternate "B" consists of a 6-inch concrete pavement over 6-inch lime stabilized subgrade with 7- inch concrete curb. The project was advertised in the Commercial Recorder on May 4 and May 11, 2006. On June 15, 2006, the following bids were received: Bidders Alternate "A" Alternate "B" (s halt (Concrete) *R K M Utility Services, Inc. $774,397.00 $769,957.00 McClendon Construction Company, Inc. No Bid $918,899.00 Jackson Construction, Ltd. No Bid $928,987.00 Stabile & Winn, Inc. No Bid $933,578.35 JLB Contracting, LP No Bid $970,348.70 Time of Completion: 160 Working Days. *R K M Utility Services, Inc., (RKM) provided the lowest bid; however, based upon RKM's unacceptable performance on two current City projects, staff does not consider RKM as responsible to perform this work. Therefore, staff recommends that the contract for this project (Contract 8) be awarded to the lowest responsible bidder, McClendon Construction Company, Inc. Staff has informed RKM in writing of the recommendation proposed herein and the date and time that the M&C will be presented to the City Council for approval. M/WBE — McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 13 percent M/WBE participation and documenting good faith effort on this combined project. McClendon Construction identified several subcontracting opportunities. However, the MWBE's contracted in the areas identified did not respond or did not submit the lowest bids. The City's goal on this combined project is 20 percent. Funding in the amount of$25,845.00 is included for associated water and sewer construction survey, material testing, inspection and project close out (water: $12,694.00; and sewer: $13,151.00). The contingency funds to cover change orders total $28,490.00 (water: $10,125.00; and sewer: $18,365.00). Funding in the amount of$48,692.00 is required for associated paving and drainage construction survey, project management, pre-construction, material testing, inspection and project close out. The contingency fund for possible change orders for paving and drainage improvements is $17,456.00. This project is located in COUNCIL DISTRICT 5 Mapsco 79 S, G & L. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/C enters 1&2)P264 472045 6051700021ZZ $225,309.00 1)PE45 538070 0609020 $225,309.00 1&2)P274 472045 7051700021ZZ $3988_08.00 1)PE45 538070 0709020 $398,808.00 2)P264 531350 605170002132 $170.00 3)P264 541200 605170002183 $202,490.00 2)P264 531350 605170002152 $2,783.00 3)P274 541200 705170002183 $367,292.00 2)P264 541200 605170002183 $212,615.00 3)C200 541200 205400002183 $349,117.00 2)P264 531350 605170002184 $1,392.00 ,R 2)P264 531350 605170002185 $8,349.00 2)P274 531350 705170002132 $413.00 2)P274 531350 705170002152 $2,831.00 22)P274 541200 705170002183 $385,657.00 2)P274 531350 705170002184 $1,415.00 2)P274 531350 705170002185 $88 492.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Douglas Rademaker(6157) Additional Information Contact: Cannon Henry (2690) ATTACHMENTS 302WINNIE00021.ORD.pdf MAY-26-2006 FRI 04:44 P.`1 CITY F. W. ENGINEERING FAX N0, 817 871 7854 P, 02/07 y CI"T'Y OF FORT WORTH DEPARTMENT OF ENGINEERING DESIGN SERVICES DIVISION ADDENDUM NO. 1 2004 CAPITAL IMPROVEMENT PROJECTS LAPIGSTON STREET (From Strong Ave.To Burton Ave.) WINNIE BOULEVARD (From Strong Ave.To Burton Ave.) PROJECT NUMBERS: T/PW-0200-541200-020540-00021-83 WATER-P264-.541200-060517-00021-83 SEWER-I'274-541200-070517-00021-83 DOE NO. 4574 RELEASE DI.TE:May 16,2006 DID RECElf T DATE:June 01,2006 INFORNIATI:)N TO BIDDERS: The Sne ifica Lions and ontraCt Uooumenls for the glVve Tlentioa d projed.are r�viscd and amen e i as_fcdlo s: 1) In the Proposal,Unit 10—Sewer Improvements—Revise the bid quantities to read as follows: 17 a RA Two Way Service Cleanout(Including 61 Removal of Existing Cleanout if Necessary) Dollars Cents $ S a4 4,9 DELETED 981iffim- -Ge;g#- wii DELETED DOF.NO, Page 1 :12&2006 - MAY-26-2006 FRI 04:44 PM CITY F. W. RI ENGINEENG FAX N0, 817 871 7854 _. P. 03/07 NEW ITEM 26 117.5 LF 4"Sanitary Sewer Service Line on private Property. Dollars +er Cents $ $ 27 117° LF Sodding on private Property. Dollars Cents s- 2) 2i In the Proposal,Unit IX•-Paving Improvements—Base Did,revise the bid quaff titles to read as follows 1 65( L>: T-@%tromty Remove and Replace Fence Dollars Cents $ $ 7 23' C`.' Topsoil Dollars Cents $i100 $2s 52.00 8 Ek Project Sign Dollars Cents S300-0 $ V00.00 •6 y 1 DELETED 4" 11 LS Miscellaneous Utility Adjustment 1 on _ _ __ Dollars Cents S 7,500.00 $;.54000 0 EA Adjust Water Meter Boxes 42 Dollars Cents S35.00 S 1470.00 DOE NO. X574 Page 2 -/261;2106 Y-26-2006 FR I 04:44 P1 CITY FA. ENGINEERING FAX N0, 817 871 7864 . `"_ .. .... _... _._. ... _ ._.. P. 04/07 14 6 EA Adjust Water Valve Boxes J MW Dollars Cents $200.00 $ 120(.00 15 9 EA Sanitary Sewer Manhole Adjustment to Proposed Grade Dollars Cents $350.00 $315).00 44 6& Vial Gmdim-DELETED Is 6,00 &'k Install 4-inch Reinforced Concrete SF Sidewalk Dollars Cents NEW ITEM 19 4 EA Paint Replacement of Existing Standard and Specialty Painted Curb Address Labels, Per Each: Dollars and Cents 20 : 4 EA Remove and reconstruct Pole type Mailboxes,Per Each Dollars and Cents 21 4 EA Remove and reconstruct Brick type Mailboxes,Per Each _ Dollars and Cents DOE NO. 4574 Page 3 ;/25i2006 - MY-26-2006 FR I 04:44 M CITY F, W, ENGINEERING NEER I NG FAX N0, 817 871 7854 P. 05/07 3) in the Proposal,Unit II—Paving Improvements--Alternate Bid A(HMAC Pave neat),revise the bid quan1ties to read as follows: 5A ;H40 SF 7-inch Reinforced Conorete Valley Gutter 1,400 8' Wide Dol tars Cents $ 4; In the Proposal,Uait if—Paving Improvements—Alternate Bid B(Concrete P;vement),revise the bid quantities to read as follows: i IB �33> SY 6-inch Concrete Pavement Installation 5,505 Dollars Cents $ $G"oo 3$ 3,44 9 DELETED Deli ftes 5) In Part E—Special Provisions,add the following provisions: 61. PAY ITEM—REMOVE AND RECONIMUCY MAILBOXES I MISCELLANEOUS: This item in:ludes the removal and reconstruction of existing mailboxes,brick walls, flower bed trim and miscellenec us items within the right of way which may be damaged or removed during con 5truction. When possible,th;Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed itc ms. Item:;which are to be repaired or reconstructed should look architecturally the i,ame in material an i appeara ice and should be reconstructed or repaired in a better or new condi,ion, Reconstructed mailbox styles, sizes and locations shall conform to the U.S. Postal ServleE guidelines, All app(icat,le provisions of City of Fort Worth Construction Standards shall apply. The unit pr ce bid per each mailbox replacement at each location will be full payment for f iaterials including all labor,equi)ment,tocIs and all incidentals necessary to complete the work. NEW ITE]d 92. PAY t'LEM—REROUTE OF SANITARY,39RVICE ON PRIVATE PROPERI"Y: All rel outing of sanitary service lines located outside the right-of-way shall be pE!rforrred by a Texas licens,rd plumber. DOB NO.4574 Page 4 MhY-26-2006 FR I )4,'44 P1 CITY F, W. ENGINEERING FAXN0, 8I 7 871 7854 - - P. 06/07 NEW ITEM 93, PAY ITEM PAINT REPLACEMENT OF EXISTING STANDARD AND SPECIALTY I'AINTED CURB ADDRESS LABELS The Contr&;tor shall replace all EXISTING standard and specialty painted curb address la)els teat have been remo,ed due tc the construction of the new curb and gutter within the constructio 1 limns of this project. It sill be the responsibility of the Contractor to restore all labels back to their original locations F nd specific design.The replacement of such address labels shall be done as follows: All r ddress lapels shall be applied only by brush or roller onto the curb with an ail alley J reflective paint or an Engineer approved equivalent. SPFAY PAINTING IS PROHIBITED. Cur: address labels shall be applied only during daylight hours. All numbers anc/or lett#srs shall bs painted onto the curb using the Arial font, The background shall b;a mir imam 6-inches wide and 16-inches long. Legible numbers and/or letters shall be a b ock print, four(4) inches in height, three-fourths(3/4) inch stroke and there rr ust be a space of at least one-fourth (1/4) inch and no more than one-inch in betwr;en nur tbers and'or letters. The unit p'iee bid per each for Paint Replacement of Existing Standard and Specialty Pal Zted Curb Address Labels at each location will be full payment for materials including all labor, equipr lent, toots and all u incidental!;necessary to complete the work. SHEET 1.,5 Detal-Longitudinal paving section: Repla,;e'No.4 bars on 24"C-C both ways'with'No.3 bars on 24"C-C both ways'. Detai I-Plan or steel layout. Repla;e'No. Sx 36"bars @ 12"C-C'with'No.4x36"bars @ 24"C-C'. SHEET 24 Deta l- Typical section—reinforced concrete pavement: Replice `propoled 8" lime stabilized subgrade @ 28 lbs/SY' with '8" lime stabil!:ed subgrade @28 lbs/6 V". Dots it- Typical roadway section: Repl;ice 'propcsed 8" lime stabilized subgrade @ 28 lbs/SY' with 18" lime stabili;:ed subgrade @ 40 Ibs/$Y'. Notos: • Replace note #4 with, 'Provide 1/*" premolded expansion joint and silicone joint sealant only if connecting to existing concrete drive or sidewalk(subsidiary'o driveway). Dowel into existing concrete driveway with#4x24" bars @ 18"O.C'. • Delete Note#8. SHEE" 2 Wer Genua/Notes: Deli 4e note# 4 DOE NO. 4574 Pasze 5 5!26'2006 MAY-26-2006 FR I 04:45 P1 CITY F, W, ENGINEERING NEER I NG FAX N0, 817 871 7854 _. F. 07/07 This Addendu n No. 1 forms a part of the Contract Documents referenced above and mot ifies +he Original Contract Documents anti Plans. Acknowledge receipt of this Addendum in the space provi,led below, in the Proposal and icknowiecge receipt on the outer envelope of your bid. Failure to acknowlecge receipt of this Addendum co ild subject the bidder to be rejected as being non-responsive. REC 1PT, CkNOWLEDGED: A.DOUGLAS RADFiNLAKER,P.E. DIRECTO TMENT OF ENGINEERING By: --— 2 ryan eck,P.E. Manager,Design Services J DOE NO.4574 Page 6 5/26%06 x-31-2006 WED 04:51 P!l CFW DOE DESIGN SERVICES FAX NO. 8173922527 P. 02/05 R CITY OF FORT WORTH DEPARTMENT OF ENGINEtRING DESIGN SERVICES DIVISION ADDENDUM NO.2 a .t�' �. r{ 2004 CAPITAL IMPROVEMENT PROJECTS g y ` L 4NGSTON STREET(From Strong Ive.To Burton Av W7tNME BOULEVARD (F* in Strong Ave. To Burton Ae.) ' s.b PROJECT NUMBERS: T/PW-C200-54]200,020540-0002]-83 WATER—P264-541200-060517-00021-83 F SEWER--P274-541200-070517-00021-83 DOE NO. 4574 RELEASE DATE:May 31,2006 BID RECE:PT DATE:1:30 PM,June 08,2006(Delayed one week,per',this addendum) INF'ORMA'10N I'O BIDUEIZ& Me The Specific ations and Contract Documents for the above mentioned projckt arc revised and amen Jed as follows: 1) In thy:Proposal,Unit I A–Water Improvements–Revise the bid quantities to resod as follows: 7 42 EA R51@eMe-Fist' "B"Motep Bow (fQF deaf ►ovwio�]Furnish and Set: s, Class`A',`B'and`C'Meter Boxes i DOIlais Ceni $ —� 4-4 3 „ 'b4le I� DELETED 4 3 DELETED DOE NO.4 i74 Page 1 5'31/2006 ,HY-31-2006 WED 04:51 PH CFW DOE DESIGN SERVICES FAX NO. 8173922527 P. 03/05 - i 4- 9A W-rimi ltiRg 1699 W,"or Wfie ! DELETED NEW rrr M ?? 12 EA Install Multiple Service Branch for I" I Copper Service. Doll* Cents' 2) In the Proposal,Unit I B—Sewer Improvements—2tvise the bid quantities :o read as follows: NEW I<'Y f M 28 FA Install Concrete Collars for Manholes in HMAC Dollars'! Cents $ 3) In the Proposal,Unit u—Paving Improvements—Bast laid,revise the bid quantities to read as follows: 5 4-r.46 h Remove 6-inch Reinforced Concrete 3)0 SY Driveway 3� ' Dollars Cents r S 6 :1) SF daas)Install Reinforced Concrete Steps Dollars t i Cents 18 64, t913 SF Install 4-inch Reinforced Concrete 6;: 00 Sidewalk, lead walks And wheelchair �Zpp ramps I Dollars Cents $ S 170E NO.4; 74 Page 2 5.31/2006 MAY-31-2006 WED 04:51 P11 CFW DOE DESIGN SERVICES PAX 8173922527 P. 04/05 NEWMM 1 - 22 5210 SF Install 6-inch Reinforced Concrete Driveway Dollars and Cents 4) In the Proposal,Unit[I—Paving Improvements—Alternate Bid B(Concrete Pavement),revise the b;d quantities to read as follows: i 613 �I-�A LF Silicone Joint Sealant ._ 6;400 Dollars i Cents- 5) In the Material Specifcatious and Details section; discard details lab.-led EXCAVATION, RAC)CCPILL AND PAVEWNT REPAIR UNDR EXISTMG STREETS"F igurc A"and"Figure 1111"ar d replace with the attached detail sheet. SHEET 9 and 11, On Plan View replace 27'F-F with 28'F-F. SHEET 19,20 and 21 i ' On Plan Vie% replace 28'F-F with 29'F-F. — i This Adder dum No. 2 forms a part of the Contract Documents referenced above and nodif es the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space p;ovided below, in the w. Proposal acid acknowledge receipt on the outer envelope of your bid. Failure to acknovdedge receipt of this Addendum could subiect the bidder to be rejected as being non-responsive. RE Tj. ::NOWUIDGED: i ye# 1 A.DOUGLAS RADEMAKER,P.E. 17IRCCT RTMENT OF ENGINEERING By: - cyan Be—cis, .I.. Manager,Design Services ~ JOF:NO,4f 74 Page 3 5/3112006 i WED 04:52 Pli CFW DOE DESIGN SERVICES FAX NO. 8173922527 P. 05/05 V/ . •, . . I I TYPE "C ' BACKFILL M NIMUM 15" INITIAL `1' I I SEE SPEC. E1-2.4 SoCKFILL COVER =111 ;,, II_ G.C.D. III — SAND M�.TERIAL EMBEDMENT INITIAL BACKFILL ZZII SEE SPEC. E1--2.3 G.C.D. MINIMUM 6" �— EMBEDMENT �_ 1=1,..., ... . . ..._ I I _. .II I-1 I I=1 I I-f I ISI I I- WATER: SIZES UP TO AND 'INCLUDING 11:" Ln — :I I I-1 I II L - ,III 11= TYPE "C' BACKFILL MINIMUM 6" WITIAL BACKFILL COVER: --I-H `, SEE SPEC. E1-2.4 J WATER - 6" G.C.D. - SEWER - 12" 1= ' ` _ CRUSHED STONE OR SAND STORM DRAIN - 12" =1 I L :.: I h MATERIAL INI-IAL BACKFILL 1= II SEE SPEC. E1-2.4(b) OR - MINIMUM 6" _ 11= El -2-3 3-C.D. EMBEDMENT CRUSHE[l STONE III-III-III--IIhIII- SEE SPEC. E1-2.3 G.C.D. WATER: SIZES 16" AND LARGER SEWER: ALL SIZES STORM DRAIN: ALL S!ZES i ' MATERIAL SPECIFICATIONS iI SAND GRADATION Y I •LESS THAN 10% PASSING THE EMBEDMENT AND BACKFILL DETAILS PPOVIDEC ON THIS zoc SIEVE SHEET SHALL REPLACE APPROPRIATE PROV SIONS OF BOTH THE E1-2.4(b) AND E1-2:.3 OF THE G.C.C. AND STD. SPEC P.I. = 10 OR LESS ITEM 402 OF THE TPW STANDARD SPECIFICATIONS FOR STREET & STORM DRAIN CONSTRUCTION. Al OTHER CRUSHED STONE GRADATION PROVISIONS OF THESE ITEMS SHALL APPLY S!EVE SIZE %RETAIAED WATER, SEWER, c STORM 1" 0-13 40-7/5 DRAIN EMBEDMENT AND 55-90 BAC K Fl LL D ETAI LS #4 90-100 #8 95-1 )0 WTR-033 4/04 I ..02-2006•-2006 FR I 03:06 P1 CITY F. W, ENGINEERING FAX N0, 817 871 7854 P. 02 ti q RI CITY OF FORT WORTH ' DEPARTMENT OF ENGINEtRING DESIGN SERVICES DIVISION ADDENDUM NO.3 s' 2004 CAPITAL IMPROVEMENT PROJECTS f 3 1ANGSTON STREET(Front Strong Ave. To Burton Ave,) WINNIE BOULEVARD (From Dallas St.To Hampshire t.) PROJECT NUMBERS: T/PW—C200-541200-020540-00021-83 WATER--P264-541200-060517-00021-83 SEWER—P274-541200-070517-00021-83 DOE NO. 4574 RELEASE I RATE:June 02,2006 BID RECEI PT DATE:1:30 PM,June 08,2006(Per Addendum No.2) INFORMA7'ON TO B.DDERS: The Specific tions :'.ontraet Doeumcrots for the above mentioned projcct are revised an_ end:d as follows: 1) in the Proposal,Unit 18-Sewer Improvements-Revise the bid quantities t P read as follows: NEW ITE M 29 6:;0 LF Remove and Replace Fence Dollars Cents S 2) In the Proposal,Unit II-Paving Improvements-Base Hid,revise the bid qu entities to read as follows: 4 4 .6F DELETED _. . @11 _s i ; DOE NO-45 14 Page 1 6 212006 i i JUN-02-2006 FR I 03.'06 P1 CITY F. �I, ENGINEERING FAX N0, 817 871 7854 P, 03 This Addendum No. 3 forms a part of the Contract Documents referenced above and modifies the Original Contract D)cuments and Plans. Acknowledge receipt of this Addendum in the space pi:ivided below, in the Proposal aid acknovriedge receipt on the outer envelope of your bid. Failure to acknov ledge: receipt of this Addendum could sub ect the bidder to be rejected as being non-responsive. w Rl ACKNOWLEDGED: i f A.DOUGLAS RADEMAKER,P.E. r� DIRECTOR,D RTNII✓NT OF ENGINEERING By: Bryan c ,P.F,- Managek.Design Services g no i ON A � eM i M 1 DOE NO-4' 74 Page 2 E 112006 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING DESIGN SERVICES DIVISION ADDENDUM NO.4 2004 CAPITAL EWrROVEMENT PROJECTS LANGSTON STREET(From Strong Ave.To Barton Ave.) WINNN BOULEVARD(Prom Dallas St To Hampshire St.) PROJECT NUMBERS: T/P W-C200-541200-020540-00021-83 WATER-P264-541200-060517-00021-83 SEWER-P274-541200-070517-00021-83 DOE NO. 4574 RELEASE DATE:June 08,2006 BID RECEIPT DATE:1:30 PK June 15,2006(Delayed one week,per this addendum) INFORMATION TO BIDDERS: The Specifications and Contract Docummts for the above mendmud Riect are revised and amended as follows: Part B—(See Attached Proposal): Revised bid quantities combining Addendums 1,2 and 3 to read as follows. This Addendum No. 4 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and acuwwledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to be rejected as being non-responsive. ACKNOWLEDGED: =I A.DOUGLAS P.E. DIRECTO OF ENGINEERING a BT — Bry . an ,Desiga Services i DOE NO.4574 6/7/2006 TABLE OF CONTENTS PART A NOTICE TO BIDDERS PART B SPECIAL INSTRUCTIONS TO BIDDERS (Water Department) SPECIAL INSTRUCTIONS TO BIDDERS (Transportation & Public Works Department) BID PROPOSAL: UNIT I—WATER&SEWER IMPROVEMENTS UNIT II —PAVING IMPROVEMENTS PREVAILING WAGE RATES (T&PW&Water) FORT WORTH M/WBE POLICY PART C GENERAL CONDITIONS (Water Department) PART C-1 SUPPLEMENTARY CONDITIONS TO PART C —GENERAL CONDITIONS (Water Department) PART D SPECIAL CONDITIONS (Water Department) PART DA ADDITIONAL SPECIAL CONDITIONS (Water Department) PART E SPECIFICATIONS AND DETAILS PROJECT SIGN (Water Department) SILICONE JOINT SEALING SPECIFICATION PROJECT DESIGNATION SIGN (Transportation & Public Works Department) SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (Transportation & Public Works Department) PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW CONFLICT OF INTEREST DISCLQSURE REQUIREMENT & QUESTIONNAIRE PERFORMANCE BOND PAYMENT BOND TOC-1 MAINTENANCE BOND VENDOR COMPLIANCE TO STATE LAW PART G CITY CONTRACT APPENDIX TOC-2 T PART A NOTICE TO BIDDERS NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: 2004 CAPITAL IMPROVEMENTS PROJECT LANGSTON STREET(FROM STRONG AVE.TO BURTON AVE.) WINNIE BOULEVARD(FROM DALLAS AVE.TO HAMPSHIRE BLVD.) Unit I—Water& Sewer Improvements Water Project No.P264-541200-060517-00021-83 Sewer Project No.P274-541200-070517-00021-83 Unit H—Paving Improvements T/PW Project No.C200-541200-020540-00021-83 D.O.E.No.4574 Addressed to Mr. Charles R. Boswell, City Manager for the City of Fort Worth, Texas will be received at the purchasing Office until 1:30 p.m., Thursday, June 01, 2006, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton, Fort Worth, Texas, 76102. One set of plans and documents will be provided for a non-refundable fee of fifty dollars($50.00). All bidders will be require to comply with Provision 5159a of"Vernon's Annotated Civil Statutes of the State of Texas" with respect to the payment of prevailing wage rates and City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13- A-29)prohibiting discrimination in the employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above referenced project consists of the following: Unit I—Water& Sewer Improvements 1850 LF 8 to 8-inch Water Pipe Replacement 1170 LF 6 to 15-inch Sewer Replacement 850 LF 6 to 8-inch Sewer Replacement NTB - 1 Unit H—Paving Improvements 5350 SY 6-inch H.M.A.C.Pavement with 6200 SY 8-inch Lime Stabilization OR 5350 SY 6-inch Concrete Pavement 6200 SY 6-inch Lime Stabilization AND 4200 LF 7-inch Reinforced Concrete Curb - 5200 SF 6-inch Reinforced Concrete Driveway 6000 SF 6-inch Reinforced Concrete Sidewalk Included in the above will be all other items of construction as outlined in the Plans and Specifications. All bidders are urged to become familiar with the entire project regardless of the extent of their bid. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. AWARD OF CONTRACT: 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 necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders shall not separate, detach or remove any portion, segment of sheets from the contract documents at any time. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of bid as non-responsive. The affidavit statement of the City of Fort Worth Minority and Women Business Enterprises Specifications must be submitted with the bid opening. Failure to submit the affidavit statements with the bid shall result in rejection of the bid as being non-responsive. In accordance with the City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business and women business enterprises in City contacts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and 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 PM, five(5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the city.Failure to comply shall render the bid non-responsive. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging - receipt of the addenda by initiating the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at - (817)392-7910. NTB -2 For additional information concerning this project,please contact Cannon R.Henry,P.E.,Project Manager, City of Fort Worth, Department of Engineering at(817) 392-7941 or Michael Graves, P.E. at(817)354-0189. CHARLES R.BOSWELL MARTY HENDRIX CITY MANAGER CITY SECRETARY DEPARTMENT OF ENGINEERING A.D'jage�r, S RADEMAKER,P.E.DIRECTOR By: _ AN BECK,P.E., Design Services Advertising Dates: May 04,2006 May 11,2006 Fort Worth,Texas - NTB -3 PART B v SPECIAL INSTRUCTIONS TO BIDDERS (Water Department) SPECIAL INSTRUCTIONS TO BIDDERS(T&PW Department) BID PROPOSAL PREVAILING WAGE RATES(T&PW&WATER) FORT WORTH MIWBE POLICY SPECIAL INSTRUCTIONS TO BIDDERS WATER DEPARTMENT 06/04/03 SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation:a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(501a)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to - qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States - secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. T 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: 06/04/03 (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City •*- reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal fiords. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 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 06/04/03 advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the a 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 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. 06/04/03 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 to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 06/04/03 SPECIAL INSTRUCTIONS TO BIDDERS (T&PV) SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond and a payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any " time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000,a Payment Bond shall be executed,in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of Fort - Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (1000/0) of the original contract amount to guarantee the work for a period of two(2)years after the date of acceptance of the project from defects in workmanship and/or material. 10/27/04 1 3. LIOUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. w 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 the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$500,000 each person, $1,000,000 each occurrence($2,000,000 aggregate limit);Property Damage-$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. 10/27/04 2 b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. _ i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report,in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS:Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 10/27/04 3 This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 12. AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM,and/or the JOINT VENTURE FORM("Documentation")as appropriate is received by the City. The award of contract,if made,will be within ninety(90)days after this documentation is received,but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment(minus retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage 10/27/04 4 a.Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,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 toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011 (44)or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity- (1) ntity(1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known,of any r 10/27/04 5 change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code, Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: T (a) a certificate of coverage,prior to the other person beginning work on the project;and ` (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, - the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by 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 T penalties or other civil actions. 10/27/04 6 k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". f 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". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 10/27/04 7 V 19. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 10/27/04 8 BID PROPOSAL PART B—PROPOSAL TO: CHARLES R.BOSWELL CITY MANAGER FOR: 2004 CAPITAL IMPROVEMENTS PROJECT LANGSTON STREET(FROM STRONG AVE.TO BURTON AVE.) WINNIE BOULEVARD(FROM DALLAS AVE.TO HAMPSHIRE BLVD.) Unit I—Water&Sewer Improvements Water Project No.P264-541200-06051741002143 Sewer Project No.P274541200-070517-00021-83 Unit H—Paving Improvements T/PW Project No.C200-541200-020540-0002143 D.O.E.No.4574 Pursuant to the foregoing "Notice to Bidders&" the undersigned has thoroughly examined the Contract Documents, including plans, Special Contract Documents, and the General Contract Documents and General Specifications for Water Department Projects and Specification for Public Works Construction, and the site of the Project, understands the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work and furnish all labor, equipment and material, except as specified to be furnished by the City, which is necessary to fully complete all the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Engineering, City of Fort Worth, Texas.The Contractor must be pre-qualified in accordance with the Water Department of the City of Fort Worth requirements.Upon acceptance of this Proposal by the City Council,the bidder is bound 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 Contractor Documents for the performance and completion of the said work.Contractor proposes to do work within the time stated and for the following sums,to wit: �����'1w� ��CRY CITY S�� EPHY ."o fix. Unit IA—Water Line Improvements PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRn'ITN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the.following items) 1 1,850 LF 8-inch Water Pipe in Place* including Thrust Restraint —4b tl� _„Dollars / oma Cents $ 6 f$ 7S 2 4 EA 8-inch Gate Valve and Box r(4 u tA a4lars t44_0 Cents 3 42 EA 1"Tap,Saddle,Corporation Stop and F�g`5 f�o(m'I�to, I V T �� U Dollars _ { � Cents $ 7L_�_ T 4 1,050 LF 1"Copper Service line from Main to Meter Dollars s� lzo7s�= Cents $ !/ $ 5 1 TON C.I/D.I Fittings _cents $ $ 6 50 LF Permanent HMAC Pavement Repair ( Dollars cents $ sQ $ Z SC.V Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3_ Changed by Addendum 3 4. Per this Addendum 4 Unit IA—Water Line Improvements PAY APPROX. DESCRIPTION OF ITEMS WITS SID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 72 42 EA " double serviess)Furnish and Set Class`A'.,`B'and°C'Meftr Boxes V Wa� Dollars ed ea a _ Cents $ L50_--*,,$ Q 8 1 EA Fire Hydrant Assembly / _ - ` an Cents 2360' Z 3o 9 1 EA Remove and Salvage Existing Fire Hydrant I �Doilars [/lr� Cents $ Z�U s ` 10 25 LF 6"Water line for Fire Water in Place _ZLDollars Gtr Cents $3.3— $ 2�� 11 1 EA 6"Gate Valve with ox a!yDo m �. Cents $ MR 12 1,850 LF r Existing PVC Water Pipe Removal/Disposal ow -rb.� Dollars 14A2 Cents $ $ '3700 Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per this Addendum 4 on I" Unit IA—Water Line Improvements PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the fallowing items) 13 1,800 LF Temporary HMAC Pavement Repair Dollars �� au Cents $ ]42 94 Gemeo 4e " DELETED 152 3 13,4 "WIAW DELETED 16' 41 $,4 " DELETED Daum r 174 a LS Furnish and Lay 2"Pipe and Fittings for 1 Temporary Water Service,! J4t.0kfly�..� d cc,Dollars Cents $3��.p $ DSS• a i 184 fa LS Hydraulic P,es`s'uure Test g- 1 low- GK Dollars Cents $ l(1 $ Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per this Addendum 4 Unit IA—Water Line Improvements PAY APPROX. DESCRIPTION.OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 19, a LS New Pipe Cleaning 1 _ Dollars Cents $ ', $ M,f 20 20 CY Crushed limestone as directed by Engineer Dollars Cents $ < • $ O`er 21 20 CY Ballast Stone as d-.---ted by Engineer Dollars 140 10-0 Cents $ $, o NEW ITEM 222 12 EA Install Multiple Service Branch for 1" Peer Service.. Dollars • �� eo Cents $ l$D ov $ l�� �r Footnote 1. Changed by Addendum I Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per this Addendum 4 i 2004 CAPITAL MPROVEMENTS PROJECT LANGSTON STREET(FROM STRONG AVE.TO BURTON AVE.) WDUGE BOULEVARD(FROM DALLAS AVE.TO HAMPSHIRE BLVD.) Unit IA—Water Use Improvements CITY APPROVED PRODUCT FORM 'CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED: STANDARD SPEC.NO. SIZE El Z4 4-THRU 8^(PVC,AWWA C-900) Consult the"City of Fort Waith Standard Product List"to obtain die GeneriaTnAe Number and the Ma of wtmw 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. Unit IB-Sewer Improvements PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BE[) (Furnish and install complete in place,including all appurtenant work,the following items) 1 2 EA Replace Existing Manhole with New 4' Die.Sanitary Manhole 00 t'Y�fJ Cents $aiv,�d $ �O 2 2 EA Replace Existing Manhole with New 4' Dia.Drop Sanitary Manhole LYt,b Cents $ULM 00 S IQ &D>7 e e .. 3 3 EA Install New 4'Dia Sanitary Manholes Ju4 J43.t4�4 X.Xk4ollars 'It-0 Cents $ 2sw, $75-04 4 1 EA Install New 4'Dia Drop Sanitary Manholes Cents $ - ,,,` ro $ g r 5 7 VF Extra Depth for Sanitary Sewer Manhole (6-12 ft Depth) , 71.0 Cents $ ���ov. $q10 av. 6 18 VF Extra Depth for Drop Sanitary Sewer Manhole(6-Al2 ft Depth) J- Dollars 7W Cents 740 Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.This Addendum 4 r Unft IB—Sewer Improvements PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 7 1,170 LF Install New 15"PVC Sanitary Sewer Pipe _Dollars "J'GD Cents $90. $L , 8 850 LF Install New 8"PVC Sanitary Sewer Pipe 'jam-1, Dollars L-14-0 Cents $ $.17 9 2,020 LF 6"Existing PVC Sanitary Sewer Pipe Removal Dollars Cents $ 10 850 LF Abandon Existing 10"Sanitary Sewer Pipe Dollars `q,_Cents 11 75 VF Interior Manhole Coating t. _ Dollars '00 0 �►-o Cents $!?D $ !� 750. 0 12 150 LF Abandon/Plug Existing 8"Sanitary Sewer Pipe 14U17 Dollars Lu Cents $,4100 3a� $ �. `. Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.This Addendum 4 I Unit TB-Sewer Improvements PAY APPROIL DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 13 2 EA Abandon Mn/holes / J • w l't' njV-a/f Dollars `YLf) Cents $ _ 14 8 EA Water Tight Manhole Inserts Dollars 00 od _ Cents $ _ $ 15 37 EA 4"Sanitary Sewer Service Tap tfollars L'w Cents $IRE. $O�Ip bo2.S', 16 925 LF 4"Sanitary Sewer Service Line V,C/&iC� Dollars Milw� Cents $1 � $ !Q l 75- . 17' -'4 EA Two Way Service Cleanout(Including 61 Removal of Existing Cleanout if Necessary) n 1 Dollars Hca Cents —. 18 2,020 LF Trench Safety Systems For Depths Greater Than 5 Feet J� U�?►.( Dollars �1 -"4� Cents $ 1; .__. $ o1Oo2O Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.This Addendum 4 i Unit IB—Sewer Improvements PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 19 8 EA Sanitary Sewer Manhole Vaum Test V/a I` 6ta6.- GI Dollars D� OD —;PCents $ $_ DO. 20 1,684 LF 4'Wide Temporary HMAC Pavement Repan Dollars Cents $ 46. 10 $j� 017?47 0-0 21 316 LF 4'Wide Permanent HMAC Pavement Repair _ It G Dollars Cents $`tS. $_1t Q d 22 20 LF 4'Wide Permanent Concrete Riprap Repair t5 `fit Dollars Cents $ 6 U• $ �. 23 2,020 LF Post Construction TV Inspection Dollars oD Cents $ 41.0 D $ dh Dao 24' 3 :Fewp9rapy Ponpift DELETED 25' 3 l69 9"s i�ydre -DELETED il_71_fsfs Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 dft 3. Changed by Addendum 3 4. Per.This Addendum 4 Unit IB—Sewer Improvements PAY APPROX. DESCRIPTION OF ITEMS WITH SID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE SID (Furnish and install complete in place,including all appurtenant work,the following items) NEW ITEM 261 1175 LF 4"Sanitary Sewer Service Line on private Property. Dollars �f'LU Cents $�Q,6[._ $ S�• ° 27' 1175 LF Sodding on private Property. Dollars ' ` / t,O Cents $ . 00 $7 704 °O 282 9 EA Install Concrete Collars for Manholes in HMAC 6 .�Az k Dollars LA,s Cents 00 S l uy 293' 6" LF Remove and Replace Fence — 300 Dollars `P Cents $ a• °� S b o U } 1 Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.This Addendum 4 w: � I Unit H–Paving 1 aprovements Base Bid PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 1 1,3 630 DELETED DORM 2 1,920 CY Unclassified Street Excavation Dollars Cents $ / D' $s�o7� a o 3 3,620 LF Remove Existing 6-inch Concrete Curb and Gutter / ' J�t�& Dollars �f2O Cents $ 00_ $ A9 9kQ °a 4 2,065 SF Remove Reinforced Sidewalk,Leadwalk, Steps,Wheelchafl.*Ramp — Dollars ` cents $ ! �� $ 17 52 -h� P Remove 6-inch Rein orced Concrete 300 SY Drive-way _ '� Dollars '� D0 0 LCents $ � , 62 30 SF Repisse Install Reinforced Concrete Steps _ �G•r•� Dollars _ LI2U Cents $ 00 570, v 0 i Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.this Addendum 4 Unit H—Paving Improvements Base Bid PAY APPROX. DESCREMON OF ITEMS WITH BID UNIT AMOUNT ITEM QUANZYPY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 71 232 CY Topsoil Dollars Cents $11.00 $2552.00 81 23 EA Project Sign 4 Dollars Cents $300.00 $1.200.00 9 160 LF Full Depth Sawcut for Asphalt or Concrete Dollars Cents $ / $ 2Yd 101 a bs poovWeAkes ED T81\M 1 l 1 .2 LS Miscellaneous Utility Adjustment 1 Dollars Cents $74,%. 0.00 $7.500.00 12 1 LS Erosion l(SWPPP) 4L Cents $ 131 4 EA Adjust Water Meter Boxes 42 Dollars Cents $35.00 $1.470.00 Footnote . 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.this Addendum 4 Unit H—Paving Improvements Base Bid PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 14' 6 EA Adjust Water Valve Boxes Dollars Cents $200.00 $1,200.00 15' 9 EA Sanitary Sewer Manhole Adjustment to Proposed Grade Dollars Cents $350.00 $3,150.00 16' 3 4& FiRW Goding DELETED „_.,__ r��d 17 265 SY HMAC Transition Dollars [/L(7 � cents 181.2 bog 9* Install.4-inch Reinforced Concrete 6,200 SF Sidewalk,lead walks and wheelchair ramps �©u re— Dollars _ tw Cents $ $ NEW ITEM 19' 42 EA Paint Replacement of Existing Standard and Specialty Painted Curb Address Labels, Per Each: Dollars and Cents s 17✓� s �3S✓ Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.this Addendum 4 Unit H-Paving Improvements Base Bid PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRrITEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 20' 14 EA Remove and reconstruct Pole type Mailboxes,Per Each Y Dollars and tto Cents 76(n 21' 4 EA Remove and reconstruct Brick type Mailboxes,Per Each 100- UY(4 6 0�1'4� 4 and_ -'(4ACents d �" -��-�— 3d a 222 5200 SF Intl 6-inch Reinforced Concrete Driveway -�—Dollars and, e Cents Q� d� C l 7 C Unit II-Paving Improvement Base Bid Pavement Subtotal: $ ` j 7 7 5 r I Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.this Addendum 4 Unit H—Paving Improvements Alternative'Bid A—H.M.A.0 Pavement PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 1A 5,350 SY 6-inch HMAC Pavement Dollars Cents $ $ 2A 6,200 SY 8-inch Lime Stabilized Sub Base (40#/SY) Dollars Cents $ $ 3A 120 TN Lime for Stabilized Subgrade(40#/SY) Dollars Cents $ $ 4A 4,200 LF Standard 7-inch Concrete Curb and Gutter Dollars Cents $ $ 5A' gyW SF 7-inch Reinforced Concrete Valley Gutter 1,400 8'Wide ' Dollars i - Cents $ $ f Unit H—Paving Improvements i Alternative Bid A- H.M.A.C.Pavement Subtotal: $ Footnote 1. Changed by Addendum 1 Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.this Addendum 4 Unit H–Paving Improvements Alternative Bid B–Concrete Pavement PAY APPROIL DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID (Furnish and install complete in place,including all appurtenant work,the following items) 1B' St3S9 SY 6-inch Concrete Pavement Installation 5,505 7 – Dollars Zf Ll C Cents $ $ ( q0 213 6,200 SY 6-inch Lime Stabilized Subgrade(28#per SY) T1,4,l Dollars Cents 3B 90 TON Lime for Stabilized Subgrade(28#per SY) Dollars Cents $��S C/O d� 4B 4,200 LF Install 7-inch Reinforced Integral Curb Dollars Cents 5B' 4'4w DELETED Tall-- � O 6B2 -'log LF Silicone Joint Sealant 6,400 Dollars ^ e r c� fie _cents $ C/ � Unit 13–Paving Improvements Alternative Bid B- 2� / Concrete Pavement Subtotal: $ (0 _ �— Footnote r 1. Changed by Addendum l Revised:June 7,2006 2. Changed by Addendum 2 3. Changed by Addendum 3 4. Per.this Addendum 4 1 ro BID SUMMARY 2004 Capital Improvements Project Langston Street(From Strong Ave.to Berton Ave.) Winnie Boulevard(From Daws Ave.to Hampshire Blvd.) TOTAL ALTERNATIVE"A"Unit I Wager Improvements S Sewer Improvements S ' Unit H Paving Base Bid S HMAC Pavement Alt."A" $ TOTAL BID AMOUNT S 8 t , " 202- L/9 O = � TOTAL ALTERNATIVE"B Unit I Water Improvements S 0 Sewer Improvements S_ G 7' �� 2, 'O Z Unit II Paving Base Bid S N-1 4 7 2 S�°i Concrete Pavement Ak."B" S_ �2- . ? � 3 1 TOTAL BID AMOUNT $ / /8 6 K GRAND TOTAL OF BID SUMMARY: PW Alternative"A" $ <cl A ternadve'B" $ C � This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act Taxes. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales taxes under House Bill 11,enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices- The undersigned agrees to begin construction within 10 calendar days after issue of the work order,and to complete all work covered by these contract documents within One Hundred and Forty (140) Working Days from and after the date for commencing work as set forth in the Written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond and other such bonds as required by the Contract Documents,for the faithful performance of this contract The attached bid security in the amount of 5%is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited 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 certifies that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978 and that he has read and thoroughly understands all the requirements and conditions of those General Documents,and the specific Contract Documents and appurtenant plans. (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, jare required to be percent lower than resident bidders by state r law.A copy of the statute 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 patent company or majority owner is in the State of Texas. 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 in preparation of the foregoing bid: Addendum No. 1 (Initial)--�% _ Addendum No.3(Initial) 40)- _ Addendum No.2(Initial) Addendum No.4(Initial) Respely Submi COW By: 7(0 97 (SEAL) Date: PREVAILING WAGE RATES - a T Classifications Hourl Rates Classifications Hrl Rts Air Tool Operator $10.06 Scraper Operator $11.42 Asphalt Raker $11.01 Servicer $12.32 Asphalt Shoveler $8.80 Slip Form Machine Operator $12.33 Asphalt Distributor Operator $13.99 Spreader Box Operator $10.92 _ Asphalt Paving Machine Operator $12.78 Tractor operator, Crawler Type $12.60 Batching Plant Weigher $14.15 Tractor operator, Pneumatic $12.91 Broom or Sweeper Operator $9.88 Traveling Mixer Operator $12.03 R Bulldozer operator $13.22 Truck Driver-Single Axle(Light) $10.91 Carpenter(Rough) $12.80 Truck Driver-Single Axle(Heavy) $11.47 Concrete Finisher- Paving $12.85 Truck Driver-Tandem Axle Semi-Trailer $11.75 Concrete Finisher-Structures $13.27 Truck Driver- Lowboy/Float $14.93 Concrete Paving Curbing Mach. O er. $12.00 Truck Driver-Transit Mix $12.08 Wagon Drill, Boring Machine, Post Hole Concrete Paving Finishing Mach. O er. $13.63 Driller $14.00 Concrete Paving Joint Sealer O er. $12.50 Welder $13.57 Concrete Paving Saw O er. $13.56 Work Zone Barricade Servicer $10.09 T Concrete Paving Spreader O er. $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dra line, Shovel $14.12 Electrician $18.12 Fla er $8.43 _ Form Builder-Structures $11.63 Form Setter-Paving & Curbs $11.83 Foundation Drill Operator, Crawler Mounted $13.67 R 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 O er. $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 r Classifications Hourl Rates Classifications Hourly Rates Air Conditioning Mechanic $17.55 Sheetrock Hanger $13.37 Air Conditioning Mechanic Helper $10.74 Sheetrock Hanger Helper $9.48 Acoustic Ceiling Installer $14.26 Sprinkler System Installer $17.86 Acoustic Ceiling Installer Helper $10.53 Sprinkler System Installer Helper $13.33 Bricklayer/Stone Mason $19.29 Steel Worker Structural $16.20 Bricklayer/Stone Mason Helper $13.07 Steel Worker Structural Helper $11.71 Carpenter $15.76 Welder $15.88 _ ar enter Helper $11.69 Welder Helper $11.25 oncrete Finisher $14.29 oncrete Finisher Helper $10.09 _ oncrete Form Builder $12.16 Concrete Form Builder Helper $8.81 Drywall Taper $13.25 Drywall Taper Helper $8.00 Electrician Journeyman $19.79 Heavy Equipment O erators Hourly Rates Crane, Clamshell, Backhoe, Electrician Helper $12.95 Derrick, Dra line, Shovel $16.07 Electronic Technician $20.06 Forklift Operator $12.62 Electronic Technician Helper $12.27 Foundation Drill Operator $17.55 Floor Layer(Carpet) $15.17 Front End Loader Operator $13.27 Floor Layer Resilient $15.94 ITruck Driver $12.66 Floor Layer Helper $11.00 lazier $14.35 lazier Helper $10.32 nsulator Pie $15.05 Insulator Helper Pie $10.12 Laborer Common $9.21 Laborer Skilled $11.59 Lather $15.94 Lather Helper $11.12 etal Building Assembler $14.29 etal Building Assembler Helper $9.33 Painter $12.86 ainter Helper $8.66 i efitter $18.22 i efitter Helper $12.90 Plasterer $16.16 Plasterer Helper $9.98 Reinforcinq Steel Setter $13.00 Roofer $15.33 Roofer Helper $10.24 heet Metal Worker $15.73 heet Metal Worker Helper $10.53 Compliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City,pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, - pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker,concerning an alleged violation of 2258.023, Texas Government Code,by a contractor or subcontractor,the City shall make an initial determination, before the 31"day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code,including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq.,Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph(c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11 th day after the date that arbitration is required,a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. (e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three(3) years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. r "^,,,t, o o , Y , fix, (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less,the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. _ (g) Postingof f Wa eg_Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. .. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a)through(g) above. FORT WORTH M/WBE POLICY PART C GENERAL CONDITIONS PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-I (1) Cl-1.2 Contract Documents CI-1 (2) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) CI-1.6 General Conditions C 1-l (2) CI-1.7 Special Conditions Cl-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bonds C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) CI-1.15 City Manager CI-I (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (3) _ C1-1.18 Director, City Water Department CI-I (3) C1-1.19 Engineer C1-1 (3) C1-1.20 Contractor C1-1 (3) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Days C1-1 (4) C1-1.25 Legal Holidays C1-1 (4) CI-1.26 Abbreviations CI-1 (4) C1-1.27 Change Order C1-1 (5) C1-1.28 Paved Streets and Alleys C1-1 (5) CI-1.29 Unpaved Streets or Alleys Cl-1 (6) C1-1.30 City Street C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) .. C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (2) (1) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) C2-2.7 Delivery of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (4) C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) -' C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (3) C3-3.9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) - C3-3.15 Venue C3-3 (7) C44 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 C44 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operation C4-4(3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) am C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5.9 Inspection C5-5 (4) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5.12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean-Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) .r C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6(1) C6-6.3 Patented Devices, Materials, and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets, Alleys, C6-6 (3) and Right-of-Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades,Warnings and Flagmen C6-6 (3) C6-6.9 Use of Explosives,Drop Weight,Etc. C6-6 (4) C6-6.10 Work Within Easements C6-6 (5) C6.6.11 Independent Contractor C6-6 (6) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities,Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7(3) C7-7.7 Time of Commencement and Completion C7-7(3) C7-7.8 Extension of Time Completion C7-7 (3) LJ (3) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (4) C7-7.11 Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) _ C8-8.8 Final Payment . C8-8 (3) C8-8.9 Adequacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) _ C8-8.11 Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8.13 Record Documents C8-8 (4) (4) dwo w PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract •+ Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A-NOTICE TO BIDDERS (Sample) White PART B-PROPOSAL (Sample) White - PART C- GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D- SPECIAL CONDITIONS Green PART E- SPECIFICATIONS E1-White E2-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) — T C1-1 (1) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to •• perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner,has been publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions,the latter shall take precedence.. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information, which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. Performance Bond(see paragraph C3-3.7) b. Payment Bond(see paragraph C3-3.7) .. C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 (2) ar C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth,Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth,Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City •� of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative,assistant,or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person,person's,partnership, company, firm, association, .. or corporation, entering into a contract with the Owner for the execution of work, acting C1-1 (3) directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the _ project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are — required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. CI-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's day January 1 . 2. M.L. King,Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Forth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine _ When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday,the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents,the intent and meaning shall be as follows: R+P C1-1 (4) .r AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum AWWA - American Water Works R - Radius -� Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation. Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron Cl-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 'r a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 0 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. r C1-1 (5) C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for"Paved Streets and Alleys." _ C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four (`4) feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. 04 C1-1 (6) �` MW SECTION C- GENERAL CONDITIONS r C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL v 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 �r 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 `i an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1)year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten(10)percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans:The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way •r invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2(1) i 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. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal.No information given by the Owner .� or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima- facie evidence that the bidder has made the investigation, examinations, and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantees that the data shown is representative of conditions, which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership,the name and address of each member of the firm,association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power i C2-2(2) as of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. .t C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnishes 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. o 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 r must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City ,b Manager, City Hall, Fort Worth,Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager,and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is lie 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 .f opening time,no further consideration will be given to the proposal. C2-2(3) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals that have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best "' interest of the City. Tendering a proposal after the closing hour is an irregularity, which can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered.for any of,but not limited to, the following reasons: a a) Reasons for believing that collusion exist among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidders having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of m the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part"N'- Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside, and not opened. C2-2(4) "� s PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS ,rr SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud,the proposals will be tabulated on the basis of the quoted prices,the quantities _. shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. -- The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to `o proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, 40 complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the ,o 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 Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion,return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: -- a. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as ` evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract,and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the _ payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in the amount — of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil C3-3 (2) r Statutes of Texas, 1925, as amended by House Bill 344, Acts 56I' `~ Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of �r 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 'o Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as require, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute .. and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization — usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. — C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, -- during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with$2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage,the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within .. the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project _ Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such ,f local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all -� CM (6) MW AIR appropriately signed and sealed, as applicable, by the Contractor's responsible offices r with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and �. surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. rr C3-3 ( ) AM ok PART C - GENERAL CONDITIONS C44 SCOPE OF WORK SECTION C44 SCOPE OF WORK C44.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and r- 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. ,.s C44.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the "Special Provisions" r covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein. C44.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 .. percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 (1) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: i a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of(1) labor, (2)rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3)materials entering permanently into the project, and (4) actual cost of insurance,bonds,and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4)above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts,bills,vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each Y of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work,prior to beginning ,.. such work. C4-4(2) �` s rt Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item Q. Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five(5)days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 SCHEDULE OF OPERATION: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of +� commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2"'x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of the first monthly progress payment, the .• Contractor shall prepare and submit to the owner for approval six copies of the schedule in which the Contractor proposes to carry on activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. +� The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. C4-4 (3) i 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 the time constraints, sequencing requirements and completion .� time. b. The construction progress shall be divided into activities with time durations of approximately fourteen days (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately ` fourteen(14)days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their ._ logical sequence for equipment and materials. 1. Preparation and transmittal of submittals 2. Submittal review periods. C4-4 (4) r 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction(if applicable). 8. Final inspection. +� 9. Operational testing. 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 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 diligence as will insure its completion within the time specified. .r Olt C4-4 (5) Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract .� Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents, which were not reported prior to the award of Contract, the Contractor should be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County; Texas, and shall be subject to call, as is the project superintendent,at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the — C5-5 (2) as rr discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the w- City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office .., shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof. so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have .t 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 r„ Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will .. be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be •• stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work,the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the C5-5 (3) Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests,the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work,but should Work so exposed or examined prove to be unacceptable,the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable .., supervision or inspection. C5-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, i or any Extra Work done without written authority,will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5.11 SUBSTITUTE MATERIALS OR 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 function called for by the general design, be similar and of equal substance to that specified and be suited to the same use and C5-5 (4) L s capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute, as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner, Engineer, and anyone directly or indirectly employees by either of them from and against the claims, damage, losses, and expenses (including attorneys fees) ., arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the •r Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided. The failure of the Owner to .s make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the .. placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change,new tests shall be made prior to the use of new materials. rr C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer,they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located to facilitate prompt " inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for C5-5 (5) i 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 i their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever,unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate r` such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty-eight(48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location,time,and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's doorknob. The tag shall be durable in composition, and in large bold letters shall say: i C5-5 (6) "` "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank You, Contractor Address Phone rr b. Emergency_ In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. s C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall .� suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be .. accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the •� Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the .r Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean up required on the project. C5-5 (7) C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed,the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work, materials, and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (8) .0 r• PART C - GENERAL CONDITIONS 'o C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY an 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, misunderstanding, or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and M+ save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation,or order,whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS,AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks, and copyrights in any way involved in the work. The ,. Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and .. shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work,provided,however,that the Owner will assume the responsibility +� to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed, and maintained by the Contractor and their use shall be strictly enforced by the C6-6(l) Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes,water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. -� C6-6(2) I 1 } The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS ALLEYS AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. .. A reasonable amount of tools,materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the .� completion of adjoining work. Any additional grounds desired by the,Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway .. companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the .. Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them C6-6(3) at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. .. All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs,the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing,providing, and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES,DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at,all times so as not to endanger life or property. The Contractor shall notify _. the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in advance of the use of any C6-6(4) .r activity which might damage or endanger their or his property along or adjacent to the work. .r Where the use of explosives is to be permitted on the project, as specified in the Special Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. .. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over,through,or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor should be provided by him at his expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to-store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise,the Contractor shall clear all rights-of-way or easements of obstructions,which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and .r shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, ., including the construction of temporary fences and to all other public or private property adjacent to the work. .. The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands, which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices �+ shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. 00 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 'r consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits,before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair,rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractor, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor,its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify,hold harmless and defend Owner,its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death,to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the .� Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors, subcontractors, licensees or invitees of the C6-6(6) an 04 Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss,and/or personal injuries, including death,to any and all person of whatsoever kind s or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of •� omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of perfonnance 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 .r acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: .. 1. The claim has been settled and a release has been obtained from the claimant involved,or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the C6-6(7) Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of _ the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water -• Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner,he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other i books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others,the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. i C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains +` and sewers. The Contractor shall also take care of all sewage and drainage, which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. i C6-6(8) �'" i C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE .. CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. : The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water,the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as .r prescribed by the City ordinance, or where no ordinances applies,payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All _ necessary repairs and removals of any section of the work so put into use,due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be ., under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the •■ work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time,or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. i C6-6(9) C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act,the Contractor can probably be exempted in the same manner stated above. Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX C6-6(10) PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendence, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor y, 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, 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 states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled,unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment;any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. .r C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if .. requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. C7-7(1) The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. _ C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct i himself or to be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the _ performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is _ considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use. C7-7(2) y. r C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in C1-1.23 "WORKING DAYS" or the date stipulated in the"WORK ORDER"for beginning work, whichever comes 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 that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C 1-1.24 and the Contractor may work,as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as .. abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work •. will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only' when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request would be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes, or delays of sub-contractors due to such causes. C7-7(3) When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered.A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on a- 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 any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal, the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City would become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed,the sum per day given in the following schedule, unless otherwise specified in other parts of the — Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7-7(4) .r .o AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 $ 500,001 to $ 1,000,000 inclusive $ 315.00 $ 1,000,001 to $ 2,000,000 inclusive $ 420.00 $2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order.Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public t`- unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed;he shall provide suitable drainage about the work,and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes _ beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be C7-7(5) determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the - Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final T payment shall be made in accordance with the terms of the agreed settlement,which shall include; but not be limited to the payment for all work executed but not anticipated profits on work,which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. _ The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. L A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over,provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. C7-7(7) i In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and i property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the _ excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) _ claim, demand or suit shall be required of the Owner regarding such discretionary action _ B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer,the Contractor shall: 1. Stop work under the contract on the date and to the extent specified iri the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract ., as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed or partially completed plans, drawings, information, and other property, which if the contract had been completed, would have been required to be furnished to the Owner. �• 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract,which is in the possession of the Contractor, and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination ., inventory not previously disposed of, exclusive of items the disposition of C7-7(9) which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as — submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.1(C), the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of —• the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to ` be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) •n 2. any claim which the Owner may have against the Contractor in connection with this contract; and ,N 3. the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein,however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. 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 timcs 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. N" C7-7(11) PART C - GENERAL CONDITIONS .b C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT .. C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries,damages claims,taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. •r C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor,tools,materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be " encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, C8-8(1) and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair,correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or ►■ equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the I" and the 5h 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 10b day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract -. amount is less than $400,000.00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work, which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will be allowed on a basis of 85% of the net invoice value thereof). The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that partial estimates from month to month will be approximate only, all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time �. make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final �. estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements,computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, firms, associations, corporations, or other organizations •• fizrnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. C8-8(3) The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents, which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is,therefore,agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project,provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the.date of -- final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by — documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation, and cleanup are general items of work, _ which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be _ allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by 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(4) .r .r C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. .. These shall be delivered to the Engineer upon completion of the work. *t it i i s C8-8(5) • PART C-1 SUPPLEMENTARY CONDITIONS TO PART C—GENERAL CONDITIONS • • .ir an • r SECTION Cl: .r 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 r. Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. .. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" �* Revised Pg. 1 09/30/02 dwr OM 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 T alleged to arise out of,the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in Part, by the negligence or alleged negligence of Owner, its ofrcers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in Part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its �- subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1),revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. -* Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. Revised Pg.2 09/30/02 G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph"h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. .r c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. .. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Revised Pg. 3 09/30/02 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any _ unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, _ materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or _ equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY:Delete C8-8.10,General Guaranty at page C8-8(4)is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents,nor partial -� or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The — Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two(2)years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good — and sufficient maintenance bond in the amount of 100 percent of the amount of the contract Revised Pg.4 09/30/02 r which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the 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. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours ., after the proposal opening time,no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects)make the following revisions: Revised Pg. 5 09/30/02 1. Page C3-3(3);the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the ,TM Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2.Pg. C3-3(5)Paragraph C3-3.11 INSURANCE delete subparagraph"a. COMPENSATION INSURANCE". 3.Pg. C3-3(6),Paragraph C3-3.11 INSURANCE delete subparagraph"g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a)Contractor agrees that the City shall,until the expiration of three(3)years after final payment under this contract,have access to and the right to examine and photocopy any directly pertinent books, documents,papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of _ intended audits. (b)Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract,have access to and the right to examine and photocopy any directly pertinent books,documents,papers and records of such subcontractor,involving transactions to the subcontract,and further,that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance ,.. with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c)Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised Pg. 6 09/30/02 .a 1. 50 copies and under- 10 cents per page 2, More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements,page C6-6(4),part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES, WARNINGS -- AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph,lines five(5)and six(6),change the phrase take all such other +` precautionary measures to take all reasonable necessary measures.. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE) and/or a Woman Business Enterprise(WBE)on the contract and payment therefore. Contractor — further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee(3)years. Revised Pg. 7 09/30/02 w, P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: .� (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three (3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit(Rev. 9/30/02)pertain to this inspection. (c)The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a)and(b) above. (d) With each partial payment estimate or payroll period,whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised Pg. 8 09/30/02 w ATTACHMENT IA Page 1 of 4 F-ORT H City of Fort Worth 06-1 6-06 P01 :49 11v Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Cheep applicable Moen to describe prime McClendon Construction Co, Inc PROJECT NAME. M/W/DBE )t NON-M/W/DBE BID DATE 2004 CIP, Langston St and Winnie Blvd June 15, 2006 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 20 ./a 14 % DOE 4574 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. - The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bidspecifications 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 Tan-ant,Parker,Johnson,Collin,Dallas, Denton,Ellis,Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor,i.e.,a direct payment from the prime contractor to a subcontractor is considered I'tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA),or the Texas Department of Transportation(TX DOT),highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized,the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm,including M/WBE owner-operators,and receive fall M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 06-16-06 P01 :49 IN ATTACHMENT 1A FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status i.e.,Minority,Women and non-M/WBEs. Please list MIWBE firms first,use additional sheets if necessary. Certification N (check one) o SUBCONTRACTORISUPPUER T ^ Company Name i N T Detail Detail Address e M w c x M Subcontracting Work Supplies Purchased Dollar Amount TelephonelFax r B B T D W E E R O B C T E A Lerma Trucking 2409 Rattikin Rd Hauloff $8,880.00 Ft Worth, TX 76105 1 x x Trucking 0 817/501-4657 (see notes) no Fax Rubio Trucking 9000 Co Rd 513 Hauloff $8,880.00 Alvarado, TX 76009 1 x x Trucking 0 817/829-3711 (see notes) No Fax Ricochet Fuel Distributors 1201 Royal Pkwy Fuel $12,450.00 Euless, TX 76040 1 x x 817/268-5910 Fax 817/282-7497 H J G Trucking, Inc 701 Denair St Topsoil $4,300.00 Ft Worth, TX 76111 1 x x Sand/Stone 817/8347181 Cowtown Traffic Control 2724 Bryan Ave Project $1,200.00 Ft Worth,TX 76104 1 x x Signs 817/9244524 817-926-2725 M B Transportation 2 x x PO Box 427 Hauling (2nd tier t $10,833.00 Bridgeport, TX 76426 Southern Star 940/683-3990 Concrete) Fax 940/683-3991 Rev.5!30/03 06-16-06 P01 :50 IN ATTACHMENT IA FORT WORTH Page 3 of 4 IWO— Primes are required to identify ALL subcontractors/suppliers,regardless of statin i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first use additional sheets if necessary. Certification 1 (check one) c SUBCONTRACTOR/SUPPLIER T N T r Detail Detail Company Name i c X 1 Subcontracting Work Supplies Purchased Dollar Amount Address eM w T D Telephone/Fax r B B R O E E E C T E A Tri Tech Construction, Inc 1133 E Loop 820 So Water and Sewer $529,397.00 Ft Worth, TX 76124 1 x Prequalified 817/496-5361 Fax 817/446-3044 Concrete Penetrating Co PO Box 35766 Silicone $5,440.00 Dallas, TX 75235 1 x Joint Seal 214/634-2990 Fax 214/634-0999 Southern Star Concrete - 8505 Freeport Pkwy Ready-Mix $95,143.00 Irving, TX 75063 1 x Concrete 972/621-0999 Sheplers, Inc 2400 NE 36th St Rebar $11,675.00 Ft Worth, TX 76111 1 x Supplier 817/838-6811 Beall Lime Co 1 x 1100 West Parkway Hydrated Lime $7,830.00 Euless, TX 76040 Slurry 817/835-4000 APAC Texas Inc 1 x PO Box 848164 Hot-Mix $4,125.00 Dallas,TX 75284 Asphalt 214/741-3531 Rev.5/30/03 i ATTACHMENT IA FORT WORTH Page 3 of 4 _ — 06-16-06 P01 :50 IN Primes are required to identify ALL subconhactors/supplier,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification f (check one) c SUBCONTRACTOR/SUPPLIER T N T r Detail retail Company Name i C X F Subcontracting Work Supplies Purchased Dollar Amount Address e M W Telephone/Fax r B B � R D T D E E E C T E A Abel Materials PO Box 669 Hauloff $15,000.00 Kennedale,TX 76060 2 x x Trucking 817/572-7263 Sand $6,000.00 Fax 817/478-8122 Ricochet Fuels 1201 Royal Parkway Fuel $6,000.00 Euless, TX 76040 2 x x (Thru Tri-Tech) 817/268-5910 Fax 817/282-7497 Cowtown Redi-Mix PO Box 162327 Ready-Mix $3,800.00 Fort Worth,TX 76161 2 x x Concrete 817/988-3158 (thru Tri-Tech) Fax 817/759-1716 Magnum Manhole 3828 Cavalier Dr N Inspection of $14,690.00 Garland, TX 2 x x Sewer Lines _ 214/687-2293 (thru Tri-Tech) Fax 972-276-5318 Triune Plumbing PO Box 7082 Dallas,TX 75209 2 x x Plumbing $35,000.00 214/904-9384 (thru Tri-Tech) Fax214/904-9386 CenTex Seeding PO Box 2077 Keller,TX 76244 2 x Sodding $1,500.00 817/306-8501 (thru Tri-Tech) Fax 817/306-8901 Rev.5/30/03 ATTACHMENT 1A FoR_ T�xPage 4 of4 06-16-06 1`01 :50 IN Total Dollar Amount of MIWBE Subcontractors/Suppliers $ $128,533.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ $653,610.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $782,143.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval o ChangelAddition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form,the Offeror further agrees to provide,directly to the City upon request,complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books,records and files held by their company. The bidder agrees to allow the transmission of interviews with owners,principals,officers,employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s)on this contract,by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Dan McClendon Aut Signature Printed Signature President Title Contact Namerride(if different) McClendon Construction Co, Inc 8171295-0066 Empany Name Telephone and/or Fax PO Box 999 dan@mcclendonconstruction.com Address E-mail Address Burleson, TX 76097 June 16,2006 City/lstata2ip Date Rev.5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime McClendon Construction Co, Inc PROJECT NAME: WW/DBE XNON-MW/DBE 2004 CIP Langston St and Winnie Blvd BID DATE June 15, 2006 City's M/R BE Project Goal: PROJECT NUMBER 20 % DOE 4574 F you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE rticipation is less than the(Sty's project�.you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a"good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud,intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,will result in the bid beim considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project,regardless of whether it is to be provided by a M/WBE or non-M/WBE. DO NOT LIST NAMES OF FIRMSI On Combined Projects, list each subcontracting and or supplier opportunity through the 2"d tier. (Use additional sheets,if necessary) List of Subcontracting Opportunities List of Supplier Opportunities _ Water and Sewer Prequalified Ready-mix Concrete Joint Sealing Rebar Hauloff Trucking Fuel Rock, sand,topsoil Hydrated Lime Slurry Hot-mix Asphalt Portable Toilets Project Signs Rev.05/30/03 e 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. -L—Yes Date of Listing 05 / 23 / 2006 No 3.) Did you solicit bids from NMBE 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? X Yell (If yes,attach M/R'BE 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? X Yes (byes,attach list to include name of M/WBE firm,gff=contacted,phone number and dale and I1m£of contact) No E facsimile may be used to comply with either 3 or 4,but may not be used for both. 9 a facsimile attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and ntation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (213) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? X 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-cansera access to and inspection of any relevant documentation by City personnel. Please use additional sheets if necess and attach. Company Name Telephon Contact Person Scope of Work Reason for e Rejection M E Bums 817/447-0292 Josephine Bums Water/Sewer Not Low Bidder Rev.06130/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. 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 was/were contac in good faith. It is understood that any N WBE(s) listed in Attachment 1C will be con ted d the reasons for n em will be verified by the City's M/WBE Office. Dan McClendon Aut orized Signature Printed Signature President Title Contact Name and Title(if different) McClendon Construction Co, Inc 817/295-0066 Fax 817/295-6796 Company Name Phone Number Fax Number PO Box 999 dan@mcclendonconstruction.com Address Email Address Burleson, TX 76097 June 16, 2006 City/State/Zip Date Rev.05/30/03 • A J iL -* -a- -r PART D - SPECIAL CONDITIONS D-1 GENERAL..........................................................................................................................3 D-2 COORDINATION MEETING..............................................................................................5 �+ D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW.....................5 D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT....................................7 D- 5 CROSSING OF EXISTING UTILITIES...............................................................................7 D- 6 EXISTING UTILITIES AND IMPROVEMENTS ..................................................................8 D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES................................................................8 D- 8 TRAFFIC CONTROL.........................................................................................................9 D- 9 DETOURS.........................................................................................................................9 D- 10 EXAMINATION OF SITE................................................................................................9 5- 11 ZONING COMPLIANCE...............................................................................................10 D- 12 WATER FOR CONSTRUCTION..................................................................................10 D- 13 WASTE MATERIAL 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.........................................................................................................12 D- 24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION.........................................13 ..r 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 SPOIL/FILL MATERIAL.......................................................................22 D- 33 MECHANICS AND MATERIALMEN'S LIEN.................................................................23 D- 34 SUBSTITUTIONS ........................................................................................................23. All- 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)................................................................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 .5-44 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 .r D- 50 CLAY DAM...................................................................................................................38 D- 51 EXPLORATORY EXCAVATION (D-HOLE)..................................................................39 r1 11/29/04 SC-1 PART D - SPECIAL CONDITIONS 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 ............................................40 ................................................................... 52.7 Water Services.......................................:.....................................................................41 52.8 2-Inch Temporary Service Line ...................................................................................43 52.9 Purging and Sterilization of Water Lines .....................................................................44 +� 52.10 Work Near Pressure Plane Boundaries. ......................................................................44 52.11 Water Sample Station .................................................................................................44 52.12 Ductile Iron and Gray Iron Fittings. ..............................................................................45 D- 53 SPRINKLING FOR DUST CONTROL..........................................................................45 5- 54 DEWATERING.............................................................................................................45 D- 55 TRENCH EXCAVATION ON DEEP TRENCHES.........................................................45 - 5- 56 TREE PRUNING..........................................................................................................45 D- 57 TREE REMOVAL.........................................................................................................46 6- 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 5---61 SANITARY SEWER SERVICE CLEANOUTS.......................:......................................48 D- 62 TEMPORARY PAVEMENT REPAIR............................................................................48 5-63 CONSTRUCTION STAKES ............................................... ...............48 D- 64 EASEMENTS AND PERMITS. ....................................................................................49 D- 65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING................................................49 15-66 WAGE RATES............................................6...............................................................50 D-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE......................................50 D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE)............................................................................................................51 �- D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS....................................................................................52 D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD.................................................53 D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION .....................................................53 D-72 AIR POLLUTION WATCH DAYS.....................................................................................54 D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS..........................................54 11/79/04 SC-2 PART D - SPECIAL CONDITIONS FOR: 2004 CAPITAL IMPROVEMENTS PROJECT LANGSTON STREET(FROM STRONG AVE.TO BURTON AVE.) WINNIE BOULEVARD(FROM DALLAS AVE.TO HAMPSHIRE BLVD.) Unit I—Water& Sewer Improvements,Water Project No.P264-541200-060517-00021-83, Sewer Project No.P274-541200-070517-00021-83, D.O.E.No.4574 Unit II—Paving Improvements,T/PW Project No.C200-541200-020540-00021-83,D.O.E.No.4574 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: +• 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name, or identification include therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. 4 This contract and project, where applicable, may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS 11/29/04 SC-3 PART D - SPECIAL CONDITIONS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and .. Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these " documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and a- rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at Y 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 G� 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. Q 11129104 SC-4 No .. PART D - SPECIAL CONDITIONS- D-2 COORDINATION MEETING For coordination purposes, weekly meetings at the job site may be required to maintain the project on the desired schedule. The contractor shall be present at all meetings. 'rt 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, ..r TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to .i perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, .� owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. r E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: r` 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 +• 11129104 SC-5 IM PART D - SPECIAL CONDITIONS .. 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner — prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: .� 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; G. 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the ro 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 a 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. 1129/04 SC-6 PART D - SPECIAL CONDITIONS 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage �. agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil A penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by +w 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 y 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. 4 D-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter. fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. 11129/04 SC-7 PART D - SPECIAL CONDITIONS Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, the cost of which shall be included in the price bid in the Proposal for each bid item. D-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or -► to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. �. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall .� make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection and/or temporary relocation of all utility poles, gas fines, 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 Gi the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. D-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's — expense, to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more 11/29/04 SC-8 PART D - SPECIAL CONDITIONS frequent 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 '01 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 MW Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 871-8770, at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in +� place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as AM 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 ! 11129104 SC-9 PART D - SPECIAL- CONDITIONS and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D- 11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. �. D- 12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. D- 13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D- 14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work i progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include,but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has Been completed. No more than seven days shall elapse after completion of construction before the roadway, right- of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an 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 11/29/04 SC-1 0 PART D - SPECIAL CONDITIONS commence with water 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 r that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines, notification shall be #" given the power company (ONCORE) who will erect temporary mechanical barriers, de- energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCORE, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the ONCORE company for the �. temporary relocation or raising of high voltage lines at the 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). o D-17 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C44.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. D- 18 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D- 19 PROJECT DESIGNATION SIGN Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs shall be attached to barricades used where manhole rehabilitation or replacement is being rR conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in i 11129104 SC-11 PART D - SPECIAL CONDITIONS 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: (817) 871-8306 M-F 7:30 am to 4:30 p.m. or (817)871-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification .r for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances .. required, shall be. included in the square yard price of the bid item for concrete sidewalk or driveway repair. D-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the r. 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 r. 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. D- 23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call- 11129104 SC-12 PART D - SPECIAL CONDITIONS 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 low 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 Q 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 s► 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: 40 • Less than 10% passing the#200 sieve P.I. = 10 or less da 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 % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 All other provisions of this section shall remain the same. 1129/04 SC-13 PART D - SPECIAL CONDITIONS 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by mechanical devices specifically designed for .. compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy " equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial r, rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, with the exception of Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. Type "B" backfill shall be paid for at a pre-bid unit price of $15.00 per cubic yard. D- 25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 2000-1 through 2000-3. The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets, are provided in these specifications and contract documents. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be ` backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. 1 129104 SC-14 rs PART D - SPECIAL CONDITIONS The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in 'r 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 et 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. at 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. Oik 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 fiA16.(5) feet cirME-111AL 9ECO2D PART D - SPECIAL CONDITIONS E. PAYMENT - Payment shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D-27 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. '- 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per Figure 121. 2. WATERTIGHT MANHOLE INSERTS: Watertight gasket manhole inserts shall be installed in all sanitary sewer manholes. Inserts shall be constructed in accordance with -� Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. Stainless Steel manhole inserts shall be required for all pipe diameters 18" and greater. 3. LIFT HOLES: All lift holes shall be plugged with a pre-cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal .� sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. Certain teed Ductile Iron Manhole Lids and Frames are acceptable for use where locking lids are specified. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in 11129104 SC-16 PART D - SPECIAL CONDITIONS accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. r 7. MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole. : 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness. 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the AW joints using a trapped type performed'O-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent- Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing •• regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. da 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 ..r nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre-cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section. Pre-cast concrete rings, or a pre-cast concrete flattop section will be the only adjustments allowed. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, 11/29/04 SC-17 PART D - SPECIAL CONDITIONS notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre-formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas, castings shall be installed by using a straight edge „„ not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES: All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy. Kopper "Bitumastic Super Service Black"; Tnemec "46- 450 Heavy Tnemecol°, or equal, to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire R' brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation, backfill, disposal of materials, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to,joint sealing, lift hole sealing, and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be , made per each. SC-18 y PART D - SPECIAL CONDITIONS D- 28 SANITARY SEWER SERVICES Any reconnection, relocation, re-routes, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis. The Contractor shall be responsible for coordinating the scheduling of dft 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. ,rr D. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection - and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill, saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line. If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall • be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de-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 -+ 11/29/04 SC-19 PART D - SPECIAL CONDITIONS to uncover any sewer service for 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 for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps. D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-2.7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special ~ Condition. A. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. C. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable 11/29/04 SC-20 PART D - SPECIAL CONDITIONS excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 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. ..r E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade. F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable �» excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. .. G. ABANDONMENT OF MANHOLES: Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete. Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe(s) and all other appurtenances required, shall be included in the appropriate bid item -Abandon Existing Sewer Manhole. H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section, all full barrel diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill, as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. 1. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project, it may be required to cut, plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. J. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard. -- 11/29/04 SC-21 PART D - SPECIAL CONDITIONS C. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows: separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location. Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES: Where plans call for abandonment of +� existing sewer mains after the construction of a new sewer main, the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new main. •- Once this determination has been made, the existing main will be abandoned as indicated above in Item I. D-30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems,. Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents •• found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2% pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: Type of Utility Color Code Legends Water Safety Blue Caution! Buried Water Line Below Sewer Safety Green Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18 inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes, and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D-31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D-32 DISPOSAL OF SPOIUFILL MATERIAL •• Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A 11129104 SC-22 .. PART D - SPECIAL CONDITIONS floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall -= be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at • the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering Department, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D-33 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. D-34 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or"or approved equal" is used, it is understood that if -� a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. if a product of any other name is proposed for use, the Engineer's = approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions" shall be applicable to all sections of these specifications. D-35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe, slip-line, etc.), shall be cleaned, _ and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, �. and hydraulically driven hose reel. 11/29104 SC-23 PART D - SPECIAL CONDITIONS i Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which cannot be collapsed, is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using r' high-velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the •- equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists, and the cleaning effort .. shall be abandoned. When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, including the water usage bill. All expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. �. 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed — 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 11129104 SC-24 PART D - SPECIAL CONDITIONS any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. • When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television �s 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 i' other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to •� Television inspection. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept �. by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance such as locations of unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. s 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. — 11129104 SC-25 PART D - SPECIAL CONDITIONS THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected. The Engineer will return tapes to the Contractor upon completion of review. All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF +� SANITARY SEWERS: The cost for Pre-Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily .. evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. .. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping .. shall be incidental to the project. D-36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. EXECUTION: 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged, and all drop-connections and gas sealing connections shall be installed prior to testing. The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop-connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's .. recommendations. A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C1244-93: 11/29/04 SC-26 w PART D - SPECIAL CONDITIONS Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" HU (10"Hg -9"Hg)(SEC) .w 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' i 1. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material, labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. D-37 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. 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. or 11129104 SC-27 a. PART D - SPECIAL CONDITIONS i D- 38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. •� Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of .. any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper — documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer `r 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 11129104 SC-28 �a PART D - SPECIAL CONDITIONS to stationing as shown on the plans. A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. 4. VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re- televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no •� payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post-construction Television Inspection of sanitary sewers shall be r� 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 .r 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. w 11/29/04 SC-29 PART D - SPECIAL CONDITIONS C. Quality control testing of in-place material on this project will be performed by the city at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to .. the job site. The ticket shall specify the name of the pit supplying the fill material. D-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR + DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction .. operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary .. berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and .. borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such *• limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. 2. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. i 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. 11129/04 SC-30 .a 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 II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. 11/29/04 SC-31 F PART D — SPECIAL CONDITIONS 4di No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project D-43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the .. Engineer will be grade restoration to plus minus one-tenth (0.1) of a foot. D-44 CITY OF FORT WORTH STANDARD PRODUCT LIST ,M 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 i minimum technical requirements. D-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING IThis 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. i CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) .. inches of compacted depth of topsoil parkways. 2. SODDING ON 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 .0 embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness �` of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when 11129104 SC-32 s PART D - SPECIAL CONDITIONS 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. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall,. upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place. When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun. Any excess dirt from planting operations shall be spread •� uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance. .. The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. •• 11129104 SC-33 PART D - SPECIAL CONDITIONS MATERIALS: a. General. All seed used must carry a Texas Testing Seed label showing purity and r 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: Oft Common Name Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Mixture for Clay or Tight Soils Mixture for .R Sandy Soils Dates (Eastern Sections) (Western Sections) (All Sections) Feb 1 Bermudagrass 40 Buffalograss 80 Bermudagrass 60 to Buffalograss 60 Bermudagrass 20 Buffalograss 40 May 1 Total: 100 Total: 100 Total: 100 Table, 120.2.(2)b TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (AII Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total: 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. 1' 1129/04 SC-34 ,s PART D - SPECIAL CONDITIONS b. Finishing. Where applicable, the shoulders, slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section �c previously provided and existing at the time planting operations were begun. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be ..r 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 .,o time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section D45, 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 D45, 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. ,4 The area shall then be finished to line and grade as specified under "Finishing" in Section D- 45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may �+ be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included, then MS-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0.3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth. .. 11/29/04 SC-35 PART D - SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a. The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4. HYDROMULCH SEEDING: If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled .. showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20-0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and •• applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of"Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. Acceptable material for"Seeding"will be measured by the linear foot, complete in place. Acceptable material for"Sodding"will be measured by the linear foot, complete in place. 11129104 SC-36 PART D - SPECIAL CONDITIONS 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 ..r below), loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. .� All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. �. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials, labor, equipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type -- specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding. D-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED .� SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes, regardless of depth, are defined by OSHA, as permit required confined spaces". Contractors shall submit an ..► acceptable "CONFINED SPACE ENTRY PROGRAM" for all applicable manholes and maintain an active file for these manholes. The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. ,., 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 11/29104 SC-37 «a PART D - SPECIAL CONDITIONS 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection. _ 11. Final inspection shall be in conformance with general condition item UC5-5.18 Final Inspection" of PART C - GENERAL CONDITIONS. _ D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 1. The Contractor shall be responsible for taking measures to minimize damage to tree .., limbs, tree trunks, and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line 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 angering or hand excavation. The tunnel diameter ^ shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted. D-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated. The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D- 50 CLAY DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications, at locations indicated on the 11/29/04 SC-38 ■a MM PART D - SPECIAL CONDITIONS Drawings or as directed by the City. Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench. Construction am material shall consist of compacted bentonite clay or 2:27 concrete. Payment for work such as forming, placing and finishing shall be subsidiary to the price bid for pipe installation. D- 51 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to no 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 oft 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. ,.r The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals necessary to complete the work, shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-52 INSTALLATION OF WATER FACILITIES 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work .r such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate BID ITEM(S). 52.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. 52.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 .. Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: •• 11/29/04 SC-39 PART D - SPECIAL CONDITIONS .. For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch. Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non- � concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. on 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 ON The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the - existing line tie-ins. And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 52.5 Connection of Existing Mains The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. ON 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 ON 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 + M 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. s. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. " 52.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be 0M coordinated with the engineer in charge of inspection. All consumers shall be individually 11/29/04 SC-40 OR .. PART D - SPECIAL CONDITIONS aft advised prior to the shut out and advised of the approximate length of time they may be without service. Payment for work such as backfill, bedding, fittings, blocking and all other associated appurtenants required, shall be included in the price of the appropriate bid items. 52.7 Water Services The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. .. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1- 17 & E1-18) contained in the General Contract Documents. All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- -■ inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box. .. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. so 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. an 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 r• 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. oft 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 MM 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. an 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. P. 1129/04 SC-41 sm PART D - SPECIAL CONDITIONS -- 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street .A reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is .: defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line. When relocation of service meter and meter box is required, payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 - inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A- Reinforced Plastic Water Meter Boxes. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be _. included in the price bid for furnish and set meter box. 1. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the .. contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). .. 2. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction 11129104 SC-42 PART D - SPECIAL CONDITIONS shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). �+ 52.8 2-Inch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed .. water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an ,f expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out-of-service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct -• location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. �* B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be .. estimated as accurately as possible. At the pre-construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the ,., locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will �- 11129104 SC-43 e+ PART D - SPECIAL CONDITIONS require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 52.9 Purging and Sterilization of Water Lines ~ Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary .. sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. .. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. 52.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross _ connections are made between pressure planes 52.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. .. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. Payment for.all work and materials necessary for the installation of the sampling station, concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main. •� 11129/04 SC-44 as PART D - SPECIAL CONDITIONS am 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 no provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. ON 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: .r 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 OR bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie- down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed. —� D-53 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D-54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price. D-55 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition. D-56 TREE PRUNING A. REFERENCES: National Arborist Association's"Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 11/29/04 SC-45 PART D - SPECIAL CONDITIONS 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner dft C. NATURAL RESOURCES PROTECTION FENCE 3. Steel °T" = Bar stakes, 6 feet long. 4. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 7. Survey and stake location of root pruning trenches as shown on drawings. .. 8. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone. _ 9. Backfill and compact the trench immediately after trenching. 10. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11. Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no •- roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection. E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D-57 TREE REMOVAL 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. J 11/29/04 SC-46 PART D - SPECIAL CONDITIONS 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 interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption. The flyer shall be prepared on the contractor's letterhead and shall include the following information: Name of the project, DOE number, the date of the interruption of service, the period the '" interruption will take place, the name of the contractor's foreman and his phone number and the +• 1129104 SC-47 ON PART D - SPECIAL CONDITIONS aft 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 on 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. am 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 shalt be made to the contractor for this reimbursement. D-61 SANITARY SEWER SERVICE CLEANOUTS •� Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc. whenever possible. When it is not possible, the cleanout stack and cap shall be cast iron. Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. D-62 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing - pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. 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 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 1 M9104 SC-48 a PART D - SPECIAL CONDITIONS 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 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 11129104 SC-49 PART D - SPECIAL CONDITIONS projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin .. until this meeting is held. D-66 WAGE RATES .. The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the on Contractor or any Subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached) am D- 67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE on A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance, regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category ll, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61.150. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non - friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled, pulverized or reduced to powder by hand pressures. C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. PR D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs, which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. .. 11129/04 SC-50 PART D - SPECIAL CONDITIONS D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.htmi. Not all of the structural .. controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in .. minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater .. than 5 acres, the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit .. for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water& General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth ., Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT)form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the ., permit. The NOT should be mailed to: r' Texas Commission on Environmental Quality Storm Water& General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 11/29/04 SC-51 PART D - SPECIAL CONDITIONS STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department ., of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY- DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI)form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The -� contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT)form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least -w 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be .• installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. ., PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project, the Contractor must coordinate this 11129104 SC-52 PART D - SPECIAL CONDITIONS activity through the appropriate City representative. The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract -■ schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthiy basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time N as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water -' Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the contractor's response, the appropriate City departments and .. directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 11/29/04 SC-53 PART D - SPECIAL CONDITIONS 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 BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work ^' prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. •- If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS A fee for street use permits is in effect. In addition, a separate fee for re-inspections for parkway construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: 1. The street permit fee is $50.00 per permit with payment due at the time of permit application. 2. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 11111291104 SC-54 PART D - SPECIAL CONDITIONS THIS SHEET INTENTIONALLY LEFT BLANK ON .. mm on ON mm 1129/04 SC-55 .r A (To be printed on Contractor's Letterhead) Mft Date: DOE No: 3176 ma PROJECT NAME:Main C1C4B Sanitary Sewer Drainage Area Part 15 MAPSCO LOCATION: 76L LIMITS OF CONST.: West of 9m Avenue along FWWR between Rosedale and Oleander Estimated Duration of Construction on your Street : <XX>days R OR THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL REHABILITATE SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS ' FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. PART D - SPECIAL CONDITIONS THIS SHEET INTENTIONALLY LEFT BLANK 11129104 SC-57 FORTWORTH Date: 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 IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT Oft (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR am MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) .. THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. on THANK YOU, . CONTRACTOR r. PART D - SPECIAL CONDITIONS F TEXAS DEPARTMENT OF HEALTH DEMOLITION I RENOVATION O *e NOTIFICATION FORM r NOTE:CIRCLE ITEMS THAT ARE AMENDED .. 0T O H NOTIFICATIONl1 ft I 1) Abatement Contractor. — TDH License Humber. Address; City: State: Zip. C Office Phone Number.( 1 ,Job Site Phone Number: e Sft Supervisor-, TDH License Number U Site Supervisor_ TDH License Number. Is Trained On-Site NESHAP Individual; Certification Date: a 10 Demoibm contractor: OMce Phone Number] 1 hh� n Address; City: 5te1e; lip: I y 2) Project Consultant or Operator; TDH License Number: Marling Address: .. D CBs; Swe: Ar Office Phone Number;( l T A 3) Faclli1yOwner. H Attention: Mailing Address; we A Clty; State: Zip; Owner Phone Number( *`Nolo:The invoice for the notification fee will be sent to the owner of the I)ulldJng and the billing address for the invoice will be ❑ obtained from the Information that Is provided In this section. N 4) Description or Facility Name: �r E Physical Address: County Ci[y Zip; S Facility Phone Number( ) Facility Contact Person; H Description of AreatRoom Number, A Prior Use; Future use: P Age of BuildinglFacllity; Sim: Number of FtDow School(K•12): D YES ❑ NO D 5) Typo of Work: 0 Demolition D Renovation(Abatement) 0 Annual Consolidated T Work will be during: 0 Dray ❑ Evening ❑ Night 0 Ph&W Project ..r 0 Description of work sdtadultk H 6) Is this a Public Building? E3YES ❑ NO Federal Facility?DYES n NO Industrial Site?❑YES 0 NO ❑ NESHAP-Only Facility? ❑ YES ❑ NO is Buitdinoacility Occupied? 0 YES D NO .i► L 7) Notification Type CHECK ONLY ONE V ❑ Original(10 Working Days) t? Cancellation D Amendment ❑ EmergencylOrdercd I .. o If this is an amendment.which amendment number is this?(Enclose copy of original andfor last amendment) 1 If an ernerqerwy,who did you talc with at TOW Emerge h a Date and Hour of Emergency(HINININDO", ti Dascripbion of the sudden,unexpected event and explanation of how the event caused unsafe conditions or would cause 0 equipment damage(computers,machinery.etc ti n ❑ 9) Description of prooedtaes Ia be followed In the event that unexpected asbestos is found or previously nondriabie •. Y asbestos material becomes crumbled,pulverized,or reduced to powder. E S 9) Was an Asbestos survey performed? 0 YES ❑ NO Data: ! ! TDH inspector License No: .- t} Analytical Method:❑PLM ❑TEM❑Assumed TDH Laboratory License No; N (For TAHPA(public building)projects:an assumption must be made by a TDH Licensed Inspector) 10) Description of planned demolition or renovation work,type of material,and method(s)to be user);, 11) Description of work praclicas and engineering controls to be used to preventemissions of asbestos at the demoNtlonfrenavetfon• .r 1129104 SC-59 PART D - SPECIAL CONDITIONS 12) ALL applicable items in the following table must be completed: IF NO ASBESTOS PRESENT CHECK H ERE D Approximate amount of Check unit of measurement — Asbestoe-Containing Building Material Asbestos Type Pipes Surface Area Ln Ln SO SO Cu Cu Ft M Ft t,1 Ft M RACM to be removed RACM NOT removed Interior Category i non-friable removed ExUwiot Category I non-friable removed Category t non-friable NOT removed — Interior Category n non-friable removed Exterior Cati?gory 11 non-friable removed r Category tl non-friable NOT removed RACM Off-Facility Component 13) Waste Transporter Name:___ TDH License Number. Address: City: Stale; 4''. Contact Person; Phone Number.- 14) umber:14) Walde Disposal Silo NamEt: Addlrees: City. Stale: Zip- Tdel*olle;( 1 TNRCC Permit Number, 15) For structurally unsound facilities,attach a copy of demolition order and identify Governmental Official below: Name: Reolstration No: Title: Date of order(MMODIYY)1 I! Dale order to begin(MMIDDNY) 1 ! 16) Scheduled Dates of Asbestos Abatement NNUDDIYY) Start: t I Complete: ! I 17) Scheduled Dates DemolitionlRenovation(MWDDNY) Start: _ _II Complete: l I "Note:Kthe start date an this notification can not be mot.the TDH Regional 0-r Local Program office INust be contacted by phone prior to the start data. Failure to do so is a vlolatlon M accordarrco to TAHPAA Saurian 285.81. �. hereby certify that all information I have provided Is correct,aomple3ta,and true to the best of my knowledge. 1 acknowledge that I am responsible for all aspects of the notification fort,including,but not limiting,content and submission dates. The maximum penalty is$10,000 per day per violation. � I- ) (S'rgnatura of Bulding Owned Operstor (printed Mame) (Dale) (Telephone) or Delegated ConsWtanllComractot) ( 1 (Fax Number) .� MAILTO: ASBESTOS NOTIPICATION SECTION TOXIC SUBSTANCES CONTROL DIVISION TEXAS DEPARTMENT OF HEALTH 'Faxes ata not aee:eptetol' PO BOX 143538 '7Faxees are not BCCefJ#ed` AUSTIN.TX 787143538 PH-512-834-6600,1-800-572-5548 Farm APHn crated 07/2"2.Replaces TDH form dated 07/13/09.For atsistancrr in completing*mm cO 1-800-572-5548 _ ig 91129104 SC-60 w PART DA "■ ADDITIONAL SPECIAL CONDITIONS .r .r .r► w 0 .. PART DA - ADDITIONAL SPECIAL CONDITIONS DA-2 PIPELINE REHABILITATION CURED—IN—PLACE PIPE (OMIT).......................4 DA-3 PIPE ENLARGEMENT SYSTEM OMIT DA-4 FOLD AND FORM PIPE (OMIT). ...............................................................................4 # DA-5 SLIPLINING (OMIT).....................................................................................................4 DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT (OMIT)...................................4 DA-7 TYPE OF CASING PIPE (OMIT).................................................................................4 DA-8 SERVICE LINE POINT REPAIR/CLEANOUT REPAIR.......................................4 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION........7 DA-10 MANHOLE REHABILITATION(OMIT)..................... ...........9 •. DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMIT).......9 DA-12 INTERIOR MANHOLE COATING—MICROSILICATE MORTAR SYSTEM OAHI .......................................................................................................................... .9 '^ DA-13 INTERIOR MANHOLE COATING—QUADEX SYSTEM (OMIT).......................9 DA-14 INTERIOR MANHOLE COATING—SPRAY WALL SYSTEM (OMIT)..............9 DA-15 INTERIOR MANHOLE COATING—RAVEN LINING SYSTEM..........................9 DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPDXY LINER(OMIT).............................................................................................................. 12 DA-17 INTERIOR MANHOLE COATING—STRONG-SEAL—SYSTEM........................... 12 DA-18 RIGID FIBERGLASS MANHOLE LINERS OMIT ........................... 15 DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMIT)......................... 15 DA-20 PRESSURE GROUTING (OMIT)............................................................................... 15 DA-21 VACUUM TESTING OF REHABILITATED MANHOLES(OMIT).................... 15 DA-22 FIBERGLASS MANHOLES (OMIT)......................................................................... 15 DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES(OMIT) ..................................................................................... . .................................,............... 15 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER(OMIT)...................... 15 * DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS(OMIT).............................. 15 DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE(OMIT) ...................... 15 DA-27 GRADED CRUSHED STONES................................................................................... 15 " DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0'WIDE(OMIT)..................................... 15 DA-29 BUTT JOINTS—MILLED(OMIT). .......................................................................... 15 DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX)(OMIT)............................... 15 DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER(OMM. ................... 15 DA-32 NEW 7" CONCRETE VALLEY GUTTER(OMIT................................................. 15 .� DA-33 NEW 4" STANDARD WHEELCHAIR RAMP(OMIT).......................................... 15 DA-34 8" PAVEMENT PULVERIZATION(OMIT)............................................................ 15 DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITYY CUT)(MIT) 15 .,� 5A-36 RAISED PAVEMENT MARKERS (OMIT).............................................................. 15 DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMT)............................................................................................................................ 16 DA-38 LOADING,TRANSPORTATION,AND DISPOSAL OF CONTAMINATED SOIL (OMI, .......................................................................................................................... 16 DA-39 ROCK RIPRAP—GROUT—FILTER FABRIC (OMIT)......................................... 16 own 5A40 CONCRETE RIPRAP...................... 16 11102104 ASC-1 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-41 CONCRETE CYLINDER PIPE AND FITTINGS (OMIT)...................................... 16 DA-42 CONCRETE PIPE FITTINGS AND SPECIALS (OMIT)........................................ 16 DA-43 UNCLASSIFIED STREET EXCAVATION .............................................................. 16 DA-44 6" PERFORATED PIPE SUBDRAIN (OMIT).......................................................... 17 DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMIT)..............................„ 17 ` DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMIT).......................... 17 DA-47 PAVEMENT REPAIR IN PARKING AREA(OMIT).............................................. 17 DA-48 EASEMENTS AND PERMITS............................................ DA-49 HIGHWAY REQUIREMENTS(OMIT).................................................................... 17 DA-50 CONCRETE ENCASEMENT(OMIT)....................................................................... 17 DA-51 CONNECTION TO EXISTING STRUCTURES....................................................... 17 DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMIT)........ 17 DA-53 OPEN FIRE LINE INSTALLATIONS (OMIT)........................................................ 17 DA-54 WATER SAMPLE STATION (OMIT)....................................................................... 18 DA-55 CURB ON CONCRETE PAVEMENT........................................................................ 18 DA-56 SHOP DRAWINGS....................................................................................................... 18 -. DA-57 COST BREAKDOWN(OMIT).................................................................................... 19 DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY(OMIT).......... 19 DA-59 H.M.A.C.MORE THAN 9 INCHES DEEP................................................................ 19 DA-60 ASPHALT DRIVEWAY REPAIR(OMIT)................................................................ 19 DA-61 TOP SOIL (OMIT)........................................................................................................ 19 DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT (OMIT)............................................................................................................................ 19 DA-63 BID QUANTITIES........................................................................................................ 19 DA-64 WORK IN HIGHWAY RIGHT OF WAY(OMIT).......................................I........... 19 DA-65 CRUSHED LIMESTONE (FLEX-BASE)(OMIT). .................................................. 19 DA-66 OPTION TO RENEW (OMIT).................................................................................... 19 _ DA-67 NON-EXCLUSIVE CONTRACT(OMIT)................................................................. 19 DA-68 CONCRETE VALLEY GUTTER(OMIT)................................................................ 19 DA-69 TRAFFIC BUTTONS(OMUT)..................................................................................... 19 DA-70 PAVEMENT STRIPING (OMI'T)................................................................................ 19 DA-71 H.M.A.C. TESTING PROCEDURES.........................................................................20 5A-72 SPECIFICATION REFERENCES..............................................................................20 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX(OMIT)..........................................20 DA-74 RESILIENT-SEATED GATE VALVES (OMIT)......................................................20 DA-75 EMERGENCY SITUATION,JOB MOVE-IN(OMIT)............................................21 DA-76 1 Y."&2"COPPER SERVICES..................................................................................21 DA-77 SCOPE OF WORK(UTIL.CUT)(OMUT).................................................................21 DA-78 CONTRACTOR'S RESPONSIBILTY_(UTIL. CUT)(OMIT).................................21 DA-79 CONTRACT TIME (UTIL. CUT)(OMIT)........................ ..............21 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMIT)........21 DA-81 TIME ALLOWED FOR UTILITY CUTS(UTIL. CUT) (OMIT)...........................21 DA-82 LIQUIDATED DAMAGES (UTIL. CUT)(OMIT). ..................................................21 _ 11/02/04 ASC-2 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMIT)....................................................21 .w DA-84 TRENCH BACKFILL TIL.CUT)(OMIT) DA-85 CLEAN-UP(UTIL. CUT)(OMIT)..............................................................................21 .. DA-86 PROPERTY ACCESS (UTIL. CUT)(OMIT)............................................................21 DA-87 SUBMISSION OF BIDS(UTIL. CUT)(OMIT).........................................................21 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT)(OMIT)..........................21 DA-89 CONCRETE BASE REPAIR FOR UNIT 1I & UNIT III (UTIL. CUT) (OMIT)...21 DA-90 2"TO 9"H.M.A.C.PAVEMENT (UTIL. CUT) (OMIT).........................................21 DA-91 ADJUST WATER VALVE BOXES,MANHOLES,AND VAULTS(UTIL. CUT) +r (OMIT) ..........................................................................................................................22 DA-92 MAINTENANCE BOND(UTIL. CUT)(OMIT)........................................................22 DA-93 BRICK PAVEMENT (UTIL. CUT)(OMIT). ............................................................22 DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMIT).......................................22 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT)(OMIT). ...............................22 DA-96 REPAIR OF STORM DRAIN\STRUCTURES (UTIL. CUT) (OMIT)..................22 DA-97 "QUICK-SET" CONCRETE TIL. CUT OMI DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMIT) DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMIT).................................................................................................................22 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR(UTIL. CUT)(OMIT)..........22 DA-101 CONCRETE CURB AND GUTTER(UTIL. CUT) (OMIT)................................22 DA-102 PAYMENT []TIL. CUT)(OMIT)..................................................... ..........22 DA-103 DEHOLES(MISC.EXT.) (OMIT)..........................................................................22 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMIT)................................22 DA-105 PRESSURE CLEANING AND TESTING (MISC.EXT.)(OMIT) .....................22 DA-106 BID QUANTITIES (MISC.EXT. () OMIT)............................................................22 • DA-107 LIFE OF CONTRACT(MISC.EXT.)(OMIT). ....................................................22 DA-108 FLOWABLE FILL(MISC. EXT.) (OMIT)............................................................22 DA-109 BRICK PAVEMENT REPAIR(MISC.REPL.)(OMIT)......................................22 ' DA-110 DETERMINATION AND INITIATION OF WORK(MISC.REPL.)(OMIT).22 DA-111 WORK ORDER COMPLETION TIME (MISC.REPL.)(OMIT)......................22 DA-112 MOVE IN CHARGES (MISC. REPL.) (OMIT)....................................................22 DA-113 PROJECT SIGNS (MISC. REPL.). DA-114 LIQUIDATED DAMAGES(MISC. REPL.)(OMIT)............................................23 DA-115 TRENCH SAFETY SYSTEM DESIGN MISC.REPL.)(OMIT).......................23 DA-116 FIELD OFFICE (OMIT) ..........................................................................................23 DA-117 TRAFFIC CONTROL PLAN...................................................................................23 rr, DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS OMI1'}..................................................................,.....,..........,.....,................,.............23 11/02/04 ASC-3 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS (OMIT) DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE (OMIT) DA-3 PIPE ENLARGEMENT SYSTEM (OMIT) DA-4 FOLD AND FORM PIPE (OMIT) DA-5 SLIPLINING (OMIT) DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT (OMIT) DA-7 TYPE OF CASING PIPE (OMIT) DA-8 SERVICE LINE POINT REPAIR/CLEANOUT REPAIR A. GENERAL: The work covered by this item consists of furnishing all labor, material, equipment, supervision, etc., necessary to construct a point repair on the portion of a +� service line located within a utility easement, street right-of-way, or on private property. Point repairs on private property shall only be addressed after the Contractor has received written permission from the property owner to do the work. A blank Right-of-Entry •• Agreement form to be completed by the Contractor and the individual property owners is included at the end of this section. The Contractor shall keep a record copy of all Right- of-Entry forms obtained and have it on hand at all times during construction. The street addresses and approximate location of service line repairs are shown in Table _, and the Field Survey Forms in Attachment It shall be the Contractor's a responsibility to accurately field locate the exact point of repair. B. MATERIALS: The pipe replacement material shall be gasketed joint, gravity PVC sewer pipe (ASTM D-3034, SDR 26), and have a minimum cell classification of 12454 A or B as defined in ASTM D-1784. Installation shall be in strict compliance with the manufacturer's recommendations and the Uni-Bell Plastic Pipe Association. The method of jointing the ends of the replaced pipe with the existing pipe shall be water tight. C. EXECUTION: 1. After the location of the point repair is determined, the Contractor shall excavate and remove the damaged pipe and replace with new pipe. The minimum length of pipe replaced shall be three (3) feet. All work shall be performed by a licensed .. lup mber. Determine whether additional lengths of line beyond "minimum length' criteria need replacement. Report need for additional replacement to City and obtain approval before proceeding. 2. The Contractor shall excavate, shape the bottom of the trench, and place the required pipe bedding so that the grade of the replaced pipe matches the existing service line grade. 3. Numerous service line point repairs along with lateral line point repairs and obstruction removals are located in areas which in many instances will require the " 11/02/04 ASC-4 .. *� PART DA - ADDITIONAL SPECIAL CONDITIONS removal of existing landscaping, structures, sidewalks, driveways, etc. Items removed or disturbed shall be replaced or restored to original conditions or better. 4. Removal of Debris: Excess excavated material and debris are to be removed from .. the work site daily. Cost of hauling excess excavation and debris is to be included in the price bid for"Service Line Point Repair". 5. Roof and Yard Drains: At the locations indicated in Table_of the Attachments. The Contractor shall disconnect roof and yard drains from the sanitary sewer service line. For yard drains, the Contractor shall excavate and remove the drain from the yard and plug the line at the property line. For roof drains, the Contractor shall remove the downspout from the drain line and plug the line to prevent inflow. In addition, the Contractor shall install an elbow fitting at the bottom of the v downspout to direct runoff, away from the building, and a concrete splash pad to prevent erosion. 6. Disconnected Service Lines: At the locations indicated in Table of Attachments to the Special Contract Documents, the Contractor shall remove the service line no longer in use by excavating at the property line and plugging the service line. i 7. Abandonment of Point Repair: If a pipe is exposed and found in good condition, not requiring a point repair, notify City Engineer who will record abandonment of point repair. Backfill the excavation, replace pavement or sidewalk and repair and seed or sod .r unpaved areas. 8. Cleanout Repair. The Contractor shall make appropriate repairs to cleanouts as indicated in Table_,and as shown on the plans. All cleanout repair work shall be performed by a licensed slumber. a. General This special condition describes the repair of sanitary sewer cleanouts located on private property as designated on the 1/1 Elimination Repair plans. Repair of the cleanouts shall consist of replacing defective cleanout caps or installing new caps where none exist, such that inflow is eliminated. There will be no repairs made to the existing cleanouts that require excavation, other than what is required to expose the top of the cleanout so that the new caps can be installed. — b. Materials Replacement cleanout caps shall be Dal-Caps as manufactured by Dallas Specialty & Mfg. Company, or equal. The rubber caps are held down by stainless steel clamps. C. Excavation Ad 11102104 ASC-5 PART DA - ADDITIONAL SPECIAL CONDITIONS 1) The Contractor shall submit shop drawings on all materials and equipment to be installed. 2) The Contractor is responsible for obtaining right of entry from the property owners prior to performing any work. Property owners should be notified 48 hours in advance of any work on their property. 3) The Contractor shall restore any disturbed surface to its original or better condition at no separate pay. D. MEASUREMENT AND PAYMENT: 1. Payment for service line point repair shall be on a unit price basis for each repair performed on all sizes of service lines for the respective depths. The minimum length of service line point repair shall be three (3) feet. No separate pay if the work is done within the limits of a service line reconnect as defined in Special Condition, D-28, "Sanitary Sewer Services". 2. Measurements for extra length repair are on a linear foot basis for repairs in excess of the minimum 3 foot replacement length. 3. All pipe fittings, adapters, concrete collars, bedding, and removal and replacements of grass sodding required shall be considered incidental to service line point repair. 3. If no pay item is included for any work required to properly complete a service line point repair as specified, the cost to perform said work, including any required removal and replacement of materials, shall be considered incidental to the service line point repair. 5. Depth of Bury is to be measured from Natural Ground Level to the Flow Line of the Sanitary Sewer Service Line at the Point of Replacement. The minimum trench width shall be 3'-0". 6. All excavation, backfill, removal, and replacement of grass sodding and landscaping, plugs, fittings, and splash pads shall be considered incidental to removal of yard drains, disconnecting roof drains and plugging disconnected .� service lines. 7. No separate payment will be made for the Contractor to obtain written permission to enter private property. 8. Payment will be made for Abandonment of Point Repairs at the Contract Unit Price for Excavation and Backfill Abandoned Point Repairs. 9. Payment shall be made at the Contract Unit Price for each sanitary sewer cleanout successfully repaired. Payment shall be full compensation for all materials, equipment, and labor required to perform the work. 11/02/04 ASC-6 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION A. GENERAL: 1. 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, oft 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. .r 2. Description: The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of 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: 1. Scope: This section governs the materials required for completion of protective 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. ..r 3. Specialty Cement (If required for leveling or filling): The specialty cement-based coating material shall be either Quadex QM-1s 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 Standard song 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 protective coating material, which may be toxic under certain conditions shall be in 11/02/04 ASC-7 PART DA - ADDITIONAL SPECIAL CONDITIONS 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. I� 2. Preliminary Repairs: a. All foreign materials shall be removed from the interior of the structure 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 benchttrough 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. .. M ' 111OVO4 ASC-8 F PART DA - ADDITIONAL SPECIAL CONDITIONS 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. .� 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 "R 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 (OMIT) DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMIT) DA-12 INTERIOR MANHOLE COATING — MICROSILICATE MORTAR SYSTEM (OMIT) DA-13 INTERIOR MANHOLE COATING—QUADEX SYSTEM (OMIT) DA-14 INTERIOR MANHOLE COATING—SPRAY WALL SYSTEM (OMIT) DA-15 INTERIOR MANHOLE COATING— RAVEN LINING SYSTEM A. GENERAL 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 of the Manhole Rehabilitation Schedule, listed in Section I. Interior manhole coating shall meet the requirements of this section, or of Sections DA-12, DA-13, DA-14, 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. 11/02/04 ASC-9 .N PART DA - ADDITIONAL SPECIAL CONDITIONS 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 material (Quadex QM-1s or Reliner MSP) sprayed or trowelled on coating over the original interior surface. B. MATERIALS 1. Scope This section governs the materials required for completion of interior coating of manholes. 2. Interior Coating 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-1s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 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 11102104 ASC-10 PART DA - ADDITIONAL SPECIAL CONDITIONS 1. 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. 1) The surface preparation shall comply with the requirements of Section DA-11, SURFACE PREPARATION FOR MANHOLE rl RESTORATION. 2) Apply a minimum of one-half (1/2)-inch specialty cement-based product (Quadex QM-1s or Reliner MSP) smooth surface for the urethane coating material. 3) The surface prior to application may be damp but shall not have 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). 4) After the walls are coated, the wooden bench covers shall be removed and the bench sprayed to the same average and minimum thickness as required for the walls. 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. 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. 4. Testing of Rehabilitated Manholes a. After the epoxy liner has set (hard to touch), all visible pinholes shall be "R repaired. Repairs shall be made by lightly abrading the surface and brushing 11/022104 ASC-11 .r PART DA - ADDITIONAL SPECIAL CONDITIONS the lining material over the area. All blisters and evidence of uneven cover 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. b. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA- A 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 (OMIT) DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM A. GENERAL 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 in the Manhole Rehabilitation Schedule, listed in Part 1. Interior manhole coating shall meet the requirements of this section or of Sections DA-12, DA-13, DA-14, DA-15 or DA-16. 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. Manufacturers 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. Some manholes may have a cementitious sprayed or trowelled-on coating over the original interior surface. B. MATERIALS 1. Scope. This section governs the materials required for completion of interior coating of manholes. ~" 2. Interior Coating. Strong-Seal Systems MS-2A , factory-blended, cement-based , fiber-reinforced coating as manufactured by Strong-Seal Systems of Pine Bluff, 11102104 ASC-12 PART DA - ADDITIONAL SPECIAL CONDITIONS AR. No material (other than clean potable water) shall be used with or added to Strong-Seal MS-2A without prior approval or recommendation from Strong-Seal Systems. r. 3. Material Identification. Contractor shall completely identify the types of grout, mortar, patching compounds, sealant, and/or root control chemicals used 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, to the satisfaction of the Engineer. 4. 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 do 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 coating operations. C. EXECUTION: 1. General. Manhole coating shall not be performed until replacement of manhole covers, sealing of manhole frame and grade adjustments, partial manhole +�► replacement, or concrete collar construction is complete. 2. Preliminary Repairs a) All foreign materials shall removed from the manhole interior using high pressure water spray (minimum 3500 psi). Loose and protruding brick, ,f, mortar, and concrete shall be removed using a masonry hammer and chisel and/or scrapers. Existing roots and manhole steps shall be removed by cutting them 1" below the surface of the manhole. d` b) All unsealed lifting holes, unsealed step holes, voids larger than approximately one-half (1/2)-inch in thickness shall be filled with rapid- setting, trowel-applied patching compound prior to spray application of the MS-2A coating. C) Active leaks shall be stopped using rapid-setting hydraulic cement products +■ specifically for that purpose and according to manufacturer's recommendation. Some leaks may require grouting to stop the inflow. Grouting shall. be performed in accordance with Section DA-20. Contact .o. Strong-Seal Systems for grouting recommendations. d) After all repairs have been completed, remove all loose material. 3. Temperature. Normal interior coating operation shall be performed at temperatures of 40 Degrees F or greater. No application shall be made when freezing is expected within 24 hours. If ambient temperatures are in excess of 90 11/02104 ASC-13 PART DA - ADDITIONAL SPECIAL CONDITIONS . Degrees F, precautions shall be taken to keep mixing water below-85 Degrees F, using ice if necessary. .. 4. Interior Manhole Coating a) The interior coating shall be applied to the manhole from the top of the bench/trough to the top of the corbel or flattop, including the bench/trough. b) The interior coating shall be applied 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). (2) Place covers over invert to prevent extraneous material from entering the sewer. (3) The surface prior to application shall be damp without noticeable free water droplets or running water. MS-2A material shall be spray applied (using a manufacturer approved application machine) to a uniform thickness of 1° minimum. Troweling shall begin immediately following the spray application. The trowelled surface shall be smooth with no evidence of previous void areas. .. (4) The application shall have a minimum of four hours (4) cure time before being subjected to active normal flows. Ambient conditions in the manhole are adequate for curing as long as the manhole is covered. (5) Traffic shall not be allowed over manholes for 12 hours after reconstruction is complete. 5. Testing of Rehabilitated Manholes a) Testing of rehabilitated manholes for water-tightness shall be performed by the Contractor after operations are complete in accordance with Section ,. DA-21. b) At least four (4) 2-inch cubes of the coating material shall be taken from each day's work with the date, location, and job recorded on each. The cubes shall be sent to Strong-Seal Systems, Pine Bluff, AR, for testing. A compression test will be made according to ASTM C-109, and the results will be furnished to the engineer and the owner. D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per each manhole coated. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment, and material testing necessary to complete the 11/02104 ASC-14 PART DA - ADDITIONAL SPECIAL CONDITIONS work. Grouting, if necessary to stop active leaks in manhole well areas, shall be included .� in the above unit price. Grouting of the pipe seals, bench and trough, and lower portion of a particular manhole, if required by the Manhole Rehabilitation Work Schedule or required to be done by the Engineer, shall be paid for separately. DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMIT) DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMIT) DA-20 PRESSURE GROUTING (OMIT) DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMIT) DA-22 FIBERGLASS MANHOLES (OMIT) DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES (OMIT) DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER (OMIT) DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS (OMIT) DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE (OMIT) DA-27 GRADED CRUSHED STONES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by +4 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 (OMIT) DA-29 BUTT JOINTS — MILLED (OMIT) DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) (OMIT) ¢ DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER (OMIT) DA-32 NEW 7" CONCRETE VALLEY GUTTER (OMIT) DA-33 NEW 4" STANDARD WHEELCHAIR RAMP (OMIT) DA-34 8" PAVEMENT PULVERIZATION (OMIT) DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) (OMIT) .r DA-36 RAISED PAVEMENT MARKERS (OMIT) 11102104 ASC-15 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMIT) _ DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL (OMIT) DA-39 ROCK RIPRAP—GROUT— FILTER FABRIC (OMIT) DA-40 CONCRETE RIPRAP r 1 GENERAL: The following shall govern the furnishing and placing of concrete riprap as phown on the plans or as directed by the Engineer. 2 MATERIALS: Concrete for riprap shalt be placed in accordance with the details and to the dimensions shown on the plans or as established by the Engineer. Unless otherwise shown on the plans, concrete riprap shall be reinforced using wire or bar reinforcement. " The concrete shall be 3000 PSI at 28 days, Class A. Wire reinforcement shall be six (6) by six (6) inch No. 6 plain electric welded reinforcing fabric or its equal. A minimum lap of six (6) inches shall be used at all splices. At the edge of the riprap, the wire fabric shall not be less than one (1) inch, no more than three (3) inches from the edge of — the concrete and shall have no wire projecting beyond the last member parallel to the edge of the concrete. Reinforcement shall be supported properly throughout the placement to maintain its position equidistance from the top and bottom surface of the slab. — If the slopes and bottom of the trench for toe walls are dry and not consolidated properly, the Engineer may require the entire area to be sprinkled, or sprinkled and consolidated before the concrete is placed. All surfaces shall be moist when concrete is placed. After the concrete has been placed, compacted, and shaped to conform to the dimensions shown on the plans, and after it has set sufficiently to avoid slumping, the surface shall be finished with a wooden float to secure a reasonably smooth surface. 3. PAYMENT: Payment for concrete riprap in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used. Bid price will be full compensation for placing all materials, and for all labor, tools,equipment, and incidentals necessary to complete the work. Payment for all necessary excavation below natural ground, and bottom or slope of the excavated channel will be included in the bid price. DA-41 CONCRETE CYLINDER PIPE AND FITTINGS (OMIT) DA-42 CONCRETE PIPE FITTINGS AND SPECIALS (OMIT) DA-43 UNCLASSIFIED STREET EXCAVATION 11102104 ASC-16 PART DA - ADDITIONAL SPECIAL CONDITIONS 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 *i paid per cubic yard. DA-44 6" PERFORATED PIPE SUBDRAIN (OMIT) DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMIT) �+r DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMIT) DA-47 PAVEMENT REPAIR IN PARKING AREA (OMIT) 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 r. 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 (OMIT) DA-50 CONCRETE ENCASEMENT (OMIT) .., DA-51 CONNECTION TO EXISTING STRUCTURES All connections between proposed and existing facilities shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E1-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM-Nek or approved equal shall be installed around penetrating pipe. Payment for such work as connecting to existing facilities including all labor, tools, equipment, and material necessary to complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM. DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMIT) +r DA-53 OPEN FIRE LINE INSTALLATIONS (OMIT) 11/02104 ASC-17 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-54 WATER SAMPLE STATION (OMIT) 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 .f 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 materials he intends to fumish 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 confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his 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: List the required submittals here 11/02/04 ASC-18 -� PART DA - ADDITIONAL SPECIAL CONDITIONS Additional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals -The submittals shall be addressed to the Project Manager: .s (Project Manager) City of Fort Worth 1000 Throckmorton �. Fort Worth, TX 76102 DA-57 COST BREAKDOWN (OMIT) DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY(OMIT) DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP When H.M.A.C. greater than 9 inches in depth is encountered, it shall be replaced with a combination of H.M.A.C. and 2:27 concrete base, as determined by the Engineer, to achieve the required thickness of pavement. DA-60 ASPHALT DRIVEWAY REPAIR (OMIT) dN DA-61 TOP SOIL (OMIT) "" DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT (OMIT) DA-63 BID QUANTITIES AW Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. DA-64 WORK IN HIGHWAY RIGHT OF WAY(OMIT) DA-65 CRUSHED LIMESTONE (FLEX-BASE) (OMIT) DA-66 OPTION TO RENEW (OMIT) DA-67 NON-EXCLUSIVE CONTRACT (OMIT) OR DA-68 CONCRETE VALLEY GUTTER (OMIT) DA-69 TRAFFIC BUTTONS (OMIT) DA-70 PAVEMENT STRIPING (OMIT) r 11/02104 ASC-19 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-71 H.M.A.C. TESTING PROCEDURES The Contractor is required to submit a Mix Design for both Type "B" and "D° asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type "B° and for Type "D' asphalt will be 91% of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattem is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D' asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied. Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness. 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 (OMIT) DA-74 RESILIENT-SEATED GATE VALVES (OMIT) .N 11102104 ASC-20 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-75 EMERGENCY SITUATION, JOB MOVE-IN (OMIT) DA-76 1 V & 2" COPPER SERVICES The following is an addendum to E1-17, Copper Water Service Lines and Copper Alloy Couplings: .. All fittings used for 1 Y2' and 2" water services lines shall be compression fittings of the type produced with an internal "gripper ring" as manufactured by the Ford Meter Box Co., Inc., Mueller Company, or approved equal. Approved equal products shall submit shop drawings and �., manufacturer's catalog information for approval. Contractor shall make all cuts to the copper tubing with a copper tubing cutter tool specifically designed for this purpose in order to provide a clean, square cut. The use of hacksaws or any other type of cutter will not be allowed. Prior to installing the compression fittings, the copper tubing will be made round by the use of a "rounding tube" specifically made for that purpose. Payment for all work and materials associated with 1-'/z" and 2" copper services shall be included in the price of the appropriate bid item. DA-77 SCOPE OF WORK (UTIL. CUT) (OMIT) .r DA-78 CONTRACTOR'S RESPONSIBILTY (UTIL. CUT) (OMIT) .a DA-79 CONTRACT TIME (UTIL. CUT) (OMIT) DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMIT) DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMIT) = DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMIT) DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMIT) do DA-84 TRENCH BACKFILL (UTIL. CUT) (OMIT) DA-85 CLEAN-UP (UTIL. CUT) (OMIT) DA-86 PROPERTY ACCESS (UTIL. CUT) (OMIT) DA-87 SUBMISSION OF BIDS (UTIL. CUT) (OMIT) DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMIT) DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) (OMIT) 3 DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMIT) 11102104 ASC-21 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMIT) DA-92 MAINTENANCE BOND (UTIL. CUT) (OMIT) DA-93 BRICK PAVEMENT (UTIL. CUT) (OMIT) .. DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMIT) i• DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMIT) DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) (OMIT) DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) (OMIT) DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMIT) DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMIT) DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMIT) DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) (OMIT) DA-102 PAYMENT(UTIL. CUT) (OMIT) DA-103 DEHOLES (MISC. EXT.) (OMIT) DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMIT) .. DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMIT) DA-106 BID QUANTITIES (MISC. EXT.) (OMIT) DA-107 LIFE OF CONTRACT (MISC. EXT.) (OMIT) DA-108 FLOWABLE FILL (MISC. EXT.) (OMIT) DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) (OMIT) .. DA-110 DETERMINATION AND INITIATION OF WORK(MISC. REPL.) (OMIT) DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) (OMIT) DA-112 MOVE IN CHARGES (MISC. REPL.) (OMIT) DA-113 PROJECT SIGNS (MISC. REPL.) Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30 (dated 9-18-96) of the General Contract Documents. The signs may be mounted on .. 11/02/04 ASC-22 .. PART DA - ADDITIONAL SPECIAL CONDITIONS skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. DA-114 LIQUIDATED DAMAGES (MISC. REPL.) (OMIT) -- DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMIT) DA-116 FIELD OFFICE (OMIT) DA-117 TRAFFIC CONTROL PLAN Traffic control shall be in accordance with item D-8 of the Special Conditions with the exception of the Contractor providing the traffic control plan. A traffic control plan has been prepared and is included in the project plans. All other requirements of D-8 shall apply. DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS (OMIT) 11/02/04 ASC-23 ar PART E ■+ MATERIAL SPECIFICATIONS AND DETAILS SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS (Transportation&Public Works Department) w w w w w w M.r r� MATERIAL SPECIFICATIONS AND DETAILS PART E —SPECIFICATIONS JANUARY 1, 1978 All materials, construction methods and procedures used in this project shall conform to Sections E1, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s) or later revision(s). (See revisions listed on this sheet). Sections E1, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copied verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX E1 MATERIALS SPECIFICATION E2 CONSTRUCTION SPECIFICATION E2A GENERAL DESIGN DETAILS Revision as of April 20, 1981, follow: E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. values as follows:) C. Additional backfill requirements when approved for use in streets: (1) Type B Backfill © Maximum plastic index (PI) shall be 8. (2) Type C Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by jetting. (b) Material meeting requirements and having a PI of 9 or more shall be considered for use only with mechanical compaction. E1-2.11 Trench Backfill: (Correct minimum compaction requirement wherever it appears in this section to 95% Proctor density except for paragraph a.1. where the "95% modified Proctor density° shall remain unchanged). (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by jetting. (b) Material meeting requirements and having a PI of 9 or more shall be considered for use only with mechanical compaction. i� ti t� 1' _: t. ............ va'� 1► �v tt It ii It `rt -�s�:rrrric 1 rX/s P. /L✓ Vaa. see D c?1d// /cr- • � IVttsaBsa�aeacti • � �� Cann���ian. F4 la ` 1 11 .. t �1'v •V.e I ;► f 29TTttL{d1;i I.. to 0 it Fv �. • � � ,�ao.aaaBa �fw i. tl a✓T d'L•drr8 rtasq•1�1 Q r QU/IQf /Or T 177,Q See®-f/rte/I /O- . ►sE��r• Scf.�p�y. ,. � lniFrsPcr�b�s C.-a�/�� ;r. �,r�sr. C� �' i `= ei;i'••' ` ,L '+"','' �:ui�'�.�.° •%' -41vi�, i t "nom• Sai'VicQn -----i1— <. Cala ecl _ P !� CITY WATER DEPARTMENT FORT W 0 FkT H. T E)c A S � F of . :. B Y ASS 4Or � G �� C Sao% ,&y cone, Oak E.risr. C'o o cwr Sarvies Lina CITE' WATEF DEPARTMENT FORT WORTH: TEXA S MIX36 1A... pit L Are. E CITY WATER DEPARTMENT . °: FOOT WOESTH, TEXAS 11V7Z-RSZCr1dN CRO SSf t 7.-_- -- — CaN ow ` EXISTING STREET TEMPORARY PAVEMENT REPAIR PAVEMENT SHALL BE HOT MIX ASPHALT, ROLLED 2" MINIMUM �r y 0000° °0°°°°°0°0202°°0°0 °0°0902°° � d d zAlIN. 5'COMPACTED FLEX-BASE MATERIAL EXIST. BASE \ \ *EXCAVATED MATERIAL SHALL CONSIST OF MATERIAL FREE OF THIN OR ELONGATED PIECES. ROCKS, LUMPS OF CLAY, SOIL. L&W OR VEGETABLE UATTEl4, 1'-6 AIAXJUUM. k SAND MATERIAL OR GRANULAR y I EMBEDMENT AINCLUDED IN LINEAR FOOT BID PRICE OF PIPE EXCAVATION, BACKFILL AND PAVEMENT REPAIR UNDER EXISTING STREETS CASE 3: EXISTING PAVED STREET TO BE RECONSTRUCTED ! ., FIGURE A (WATER SIZES UP TO & INCLUDING 12') NTS SHEET T 0r REV MAY S. _:- r t EXISTING STREET TEMPORARY PAVEMENT REPAIR PAVEMENT SHALL BE HOT MIX ASPHALT, ROLLED 2" MINIMUM OOOOOO/OOOOOOp OOOO OOOO OOOO/ / OOOOO OOOOOO - Ca • . C • •d• // // 1 / / • d A a • d MIN. 6'COMPACTED ' FLEX-&ISE MATERIAL EXIST. BASE *EXCAVATED MAMML SHALL CONSIST OF MATERIAL FREE OF INN OR ELONGATED PIECES. ROCKS, LUMPS OF CLAY, SOX. LOAM OR VEGETABLE MATTER. 1•-6141XIMUM. *SAND MATERIAL OR GRANULAR EMBEDMENT CRUSHED STONE `\ 46 *INCLUDEDLINEAR FOOT BID P N EA l Ll 0 RICE OF PIPE EXCAVATION, BACKFILL AND PAVEMENT m REPAIR UNDER EXISTING STREETS CASE J. EXISTING PAVED STREET TO BE RECONSTRUCTED FIGURE B (SEWER: ALL SIZES) .. (WATER. SIZES 16- & LARGER) NTS _r SHEET 7 Oc nCV AIA( S. 1�: PLJ ON I. ZZ zt 60.4 41vt r s •_ =Yi V• 33�/ y{{y�j •�� Z! it Z f f J;j0 CL Q ■ fit's M w O; • � J��tia�Y Y...� • � r W . ii �• i��iY � •� �y U °ro.• s� diV ins r y ■. LB .• W W YM Cr Z oo glow ••• ' �+ • Y JOr � ` Z i i + 'RJ J O J r•••• `0 ±• � •'•• i r•i rrY 2 0 S .•r•• 3 • •\O W Z •► • �• '• +r �s �- zed •� t =rt Orr U)\ t wr � J�1 • O I ••• •� ZZJ On. U i Yw s s�. Addendum 3 389c 9 9 3- CONCRETE SHALL BE CLASS A PER SPECIFICATIONS ITEM 406 3-BARS Sym. CONCRETE FOR STRUCTURES 18"o-c BOTH WAYS p 43 BAR ' t_ CONCRETE / m W (5-SACK) p a N N '•�'-� RIPRAP TO BE FORMED ON UNDISTURBED SOIL CUT TO GRADE. IF TO BE PLACED ON FILL,ALL FILL SHALL BE PLACED ON • BENCHES CUT IN UNDISTURBED SOIL AND FILLED IN B LOOSE LIFTS j�EACH COMPACTED TO 95% \'03 STD. NROCTOR DENSITY. THE FILL CONSTRUCTION L BAR B SO COMPACTED SHALL THEN BE !B of CUT TO GRADE. JOINT (I TYPICAL TRANSVERSE SECTION (SEE BOTH FOR COMPLETE DETAIL) TRANSVERSE EXPANSION JOINTS ARE REQUIRED 100! ON CENTERS OR ' LESS; SAME SHALL ,INCLUDE 3/4" REDWOOD COMPLETELY' COVERING THE JOINT FACES (EXCEPT 3/4" EDGE RELIEF FOR SEALING COMPOUND) AND 24" *8 SMOOTH DOWELS ON 18" CENTERS COATED 16" AND CAPPED WITH 1-1/4" MIN. CLEARANCE ON ONE END AND WITH 12" SPAN DOWEL SUPPORT AND NOT POURED RUBBER TYPE SEALING COMPOUND 3/4" THICK 12 e 20'c c 2"SCH 40 SLOPE UNLESS SYM PKC. CUT FLUSH SPECIffEO - F OTHERWISE AS SHOWN 2 .Wi 1 1�Irl� X16"MINIMUM' ' I CUTOFF PROJECTION r11yN1 x d �1� .2e/FT AS REQUIRED,FOR ISO FT r-- _ 1 ICU.FT PER FT CONTINUOUS) ( 12"FOR 2+N SIDE:SLOPE) 1 � yitl'fI(If� t 6"MIN 7WASHED ROCK 12" (ICU F2 PER FT) i WASHED ROCK TO BE COVERED WITH STAKED BURLAP BOTTOM WIDTH OR OTHER SUITABLE MEANSAPPROVED BY THE i AS SPECIFIED ENGINEER, TO HOLD IN PLACIE WHILE CONCRETE IS BEING PLACED TYPICAL TRANSVERSE SECTION r (SEE BOTH FOR COMPLETE DETAIL ) 3 REINFORCED CONCRETE RIPRAP SCALE 1/2"= 1' CITY OF FORT WORTH CONSTRUCTION STANDARD WRH. REVISED 2-81I wR.M- DRAWING NO. S-SD 20 DATE. I1-80 - I Addendum 1 389a j I i t comealedpick Slots cv;pAckbars,Ref:£2-/4 @Afinlwm 2rows firamnedb#ZU"Ostic joint sealant(Ram ekorapproved eoval). Cov e.-ces o.- pe;oe Je ir A.S.TM. C-417& S *Xwee'W jvezI4 dri fir aevole',' el.p"'r Og- (4,eva 07 ev,,eA Lee AIGURE Aft S,r.4A1AV4A;pj9 AMAIAO'494C EI-14 Material E2-14 Construction STREET DIRT 4.0' .� 8-#4 REBARS TYP. USE 3000# CLASS A CONCRETE. �° a 3" TYP. a v p O a CONC. COLLAR HEIGHT VARIES 3/4" CHAMFER TYP. PVMT, PVMT. a ° /,-GROUND 114 x'27 GRADE RINGS CASE 1 CASE 2 _ + ` 6" MIN. • 3" MIN. a RAM NECK CONC. COLLAR CASE 1 a COLLAR SHALL EXTEND TO HEIGHT VARIES TOP OF 2:27 CONCRETE (REBAR REQ'D.) CASE 2 a COLLAR SHALL FXTEND 3" BELOW BOTTOM OF LOWEST GRADE RING n (REBAR REQ'D.) a d a4 _ SECTION A FIGURE 121 CONCRETE MANHOLE COLLAR El-20, 21 MATERIAL .. D ETAI L 218090 1 CONSTRUCTION 3/05/93 nAewki av ire j—nR-9nnn W0 M. H N N m WO ��J W < yyy�� w m<�,Ni 30Z 0� Ld I- O • 'n ZW�52<�W<ZX C y�1� nyq<� i Q 43 Z< O ZWVOmm rWW C7 uia OV J 04 < < N20uOOOw<v�y0�{w Kw yyK//O U5;W w�` UyU m tp WYp0!-H'>Vl�l~fl V'W mU7 Vilm� a W U d XWljiwa42).. m SO�_j W F Q F W LLCm''tJ�m(DU) CL W< Wao�<� m OWrZ t<jF :m oMFIUH VILLtz C4 iuNUZ O P O -uz)uj W.73y1900 wzm-�rw-zx 51 Z W a. Q S C Q O`wZW Wi07=0<ZO sow s c CL v �ms]u~iu�<ZtntoZ �ma� 0 c r n M ri tti tc LJL ~ � O3 � W m a m 3 w Z W a o ; c to 8 ' u 3y a Z in r a V 0 IL - IL ZN ob < u W o � a V OP _j V U Z K CL - ._ m , 3 S ` .. m Z r. w LY_ 3 rzd lul ce m w m d o W a o D N z $ }- o . LLJ _ chi O ¢ � v � � w m Q Zm z c < 8 2 < < A' O a m0 n n � U O cc i on 50 30 w m m o ``00 0 Hg <G.a< �, atotoo to to 0 rj� _ W : W6 u Z Z m D t Y II K 1 _ C4 --ars, i O wc w i a. W K < Zm min U u= a I ~ WW Z = Z V S.'� O n uo �Z vi Z';. Z 40 a ~ o t`n to c� 3 i d. W LLJ t�,I 3 Z� � Q Z 0 SCL � u!�j�Uzu� m w � W�_gd o CO WN H Z st c to N i W Q CA C oultl� G? Oa. Z�a W V) ^ vrcw tilo PROJECT SIGN (WATER DEPARTMENT) w dip 40 1 LU 4 LO 3 - allr � SPECIAL PROVISIONS FOR STREET AND STORMDRAIN IMPROVEMENTS (TPWD) SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK...................................................................................................................................SP4 2. AWARD OF CONTRACT.......................................................................................................................SP4 3. PRECONSTRUCTION CONFERENCE..................................................................................................SP4 4. EXAMINATION OF SITE ......................................................................................................................SP4 5. BID SUBMITTAL....................................................................................................................................SP-5 6. WATER FOR CONSTRUCTION............................................................................................................SP-5 7. SANITARY FACILITIES FOR WORKMERS........................................................................................SP-5 8. PAYMENT................................................................................................................................................SP-5 9. SUBSIDIARY WORK..............................................................................................................................SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC......................................................................................................................................SP-5 11. WAGE RATES.........................................................................................................................................SP-5 12. EXISTING UTILITIES.............................................................................................................................SP-5 13. PARKWAY CONSTRUCTION...............................................................................................................SP-5 14. MATERIAL STORAGE.............................................................. ..................SP-5 ........................................... 15. PROTECTION OF EXISTING UTILITIES ANDIMPROVEMENTS..........................................................................................................................SP-6 16. INCREASE OR DECREASE IN QUANTITIES......................................................................................SP-6 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS..........................................................SP-6 18. EQUAL EMPLOYMENT PROVISIONS................................................................................................SP-6 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE)COMPLIANCE........................................................................................................................SP-7 20. FINAL CLEAN UP...................................................................................................................................SP-8 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW..........................................................................................................................SP-8 22. SUBSTITUTIONS....................................................................................................................................SP-11 23. MECHANICS AND MATERIALSMEN'S LIEN....................................................................................SP-11 24. WORK ORDER DELAY .......................SP-11 .................................................................................................. 25. WORKING DAYS ...................................................................................................................................SP-11 26. RIGHT TO ABANDON...........................................................................................................................SP-1 I 27. CONSTRUCTION SPECIFICATIONS ............................................................ ..............SP-11 ......................... 28. MAINTENANCE STATEMENT ............................................................................................................SP-11 29. DELAYS ...................................................................................................................................SP-11 30. DETOURS AND BARRICADES ............................................................................................................SP-12 31. DISPOSAL OF SPOIL/FILL MATERIAL ..................SP-12 ............................................................................ 32. QUALITY CONTROL TESTING ...........................................................................................................SP-12 33. PROPERTY ACCESS..............................................................................................................................SP-13 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ...............................................SP-13 35. WATER DEPARTMENT PRE-QUALIFICATIONS ............................... ................SP-13 .............................. 36. RIGHT TO AUDIT ..................................................................................................................................SP-13 37. CONSTRUCTION STAKES ...................................................................................................................SP-14 38. LOCATION OF NEW WALKS AND DRIVEWAYS .................... 39. EARLY WARNING SYSTEM FOR CONSTRUCTION.........................................................................SP-14 40. AIR POLLUTION WATCH DAYS.........................................................................................................SP-15 05/27/05 SP-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 4I. PAY ITEM-UNCLASSIFIED STREET EXCAVATION......................................................................SP-15 42. PAY ITEM-6"REINFORCED CONCRETE PAVEMENT...................................................................SP-16 43. PAY ITEM-SILICONE JOINT SEALING.............................................................................................SP-16 44. PAY ITEM-7"CONCRETE CURB........................................................................................................SP-20 - 45. PAY ITEM-RETAINING WALL-(OMIT)...........................................................................................SP-20 46. PAY ITEM-REPLACE EXIST.CURB AND GUTTER........................................................................SP-20 47. PAY ITEM-HMAC TRANSITION.........................................................................................................SP-20 48. PAY ITEM-6"PIPE SUBDRAIN(OMIT).............................................................................................SP-20 _ 49. PAY ITEM-TRENCH SAFETY.............................................................................................................SP-20 50. PAY ITEM-8"THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION................................................................................................................SP-21 v 51. PAY ITEM-6"HMAC PAVEMENT(THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES)..................................................................................................................SP-21 52. PAY ITEM-CONCRETE FLAT WORK(CURB,CURB&GUTTER,SIDEWALKS, LEADWALKS,WHEELCHAIR RAMPS AND DRIVEWAYS).......................................SP-22 53. PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK,DRIVEWAYS,STEPS, LEADWALKS AND WHEELCHAIR RAMPS..................................................................SP-22 54. PAY ITEM-REMOVE EXISTING CURB AND GUTTER...................................................................SP-22 55. PAY ITEM-REMOVE EXISTING CURB INLET(OMIT)...................................................................SP-22 56. PAY ITEM-6"REINFORCED CONCRETE DRIVEWAY...................................................................SP-23 57. PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS........................................................SP-23 58. PAY ITEM-4' STANDARD CONCRETE SIDEWALK,LEADWALK AND WHEELCHAIR RAMP.......................................................................................................SP-23 59. PAY ITEM-REMOVE AND REPLACE FENCE...................................................................................SP-23 60. PAY ITEM-STANDARD 7"CURB AND 18"GUTTER......................................................................SP-24 61. PAY ITEM-REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS(OMIT)..............SP-24 62. PAY ITEM-BORROW ...........................................................................................................................SP-24 63. PAY ITEM-CEMENT STABILIZATION(OMIT)......................................... ...........SP-24 ............................ 64. PAY ITEM-CEMENT (OMIT)...............................................................................................................SP-24 65. PAY ITEM-NEW 7"CONCRETE VALLEY GUTTER........................................................................SP-24 66. PAY ITEM-STORM DRAIN INLETS(OMIT)......................................................................................SP-25 67. PAY ITEM-TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN O ..................................SP-25 68. PAY ITEM-STORM WATER POLLUTION PREVENTION(FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE)....................................................................SP-25 69. PRE BID ITEM-PROJECT DESIGNATION SIGN...............................................................................SP-27 70. PRE BID ITEM-UTILITY ADJUSTMENT...........................................................................................SP 27 71. PRE BID ITEM-TOP SOIL....................................................................................................................SP-27 72. PRE BID ITEM-ADJUST WATER VALVE BOX......................................... ...SP-28 .................................... 73. PRE BID ITEM-MANHOLE ADJUSTMENT.......................................................................................SP-28 74. PRE BID ITEM-ADJUST WATER METER BOX................................................................................SP-28 75. NON-PAY ITEM-CLEARING AND GRUBBING................................................................................SP-28 76. NON-PAY ITEM- SPRINKLING FOR DUST CONTROL...................................................................SP-28 77. NON-PAY ITEM- PROTECTION OF TREES,PLANTS AND SOILS................................................SP-28 78. NON-PAY ITEM-CONCRETE COLORED SURFACE .......................................................................SP-29 05/27/05 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 79. NON-PAY ITEM-PROJECT CLEAN-UP..............................................................................................SP-29 80. NON-PAY ITEM-PROJECT SCHEDULE............................................................................................SP-29 81. NON-PAY ITEM-NOTIFICATION OF RESIDENTS..........................................................................SP-29 82. NON-PAY ITEM-PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..............SP-29 83. NON-PAY ITEM-PRE-CONSTRUCTION NEIGHBORHOOD MEETING........................................SP-30 84. NON-PAY ITEM-WASHED ROCK......................................................................................................SP-30 85. NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE...................................................................SP-30 86. NON-PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES..........................................................................................SP-30 87. NON-PAY ITEM- TIE-IN INTO STORM DRAIN STRUCTURE(OMIT)..........................................SP-31 88. NON-PAY ITEM- SPRINKLER HEAD ADJUSTMENT......................................................................SP-31 89. NON-PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS..............................SP-31 90. NON PAY ITEM-TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL(FOR DISTURBED AREAS LESS THAN I ACRE)....................................SP-31 91. NON PAY ITEM-TRAFFIC CONTROL ..............................................................................................SP-32 05/27/05 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: PAVING RECONSTRUCTION: D.O.E. NO. 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Reconstruction of Langston Street and Winnie Boulevard,and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids: Unit I and Unit II constitute a package. If the Contractor submits a bid on all Unit II and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. The Contractor can bid either the HMAC alternate and/or the Concrete alternate. The additive alternate must be included in any bid. Bidders are hereby informed that the Director of the Department of Engineering reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City-City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein, the term "Engineer" shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During 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. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining 05/27/05 SP-4 contract documents intact may be grounds for designating bids as"non-responsive" and rejecting bids as appropriate and as determined by the Director of the Department of Engineering. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public"of the"Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates be paid. (Attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Department of Engineering. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be 05/27/05 SP-5 encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or 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. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any + time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,the City, its officers, servants and employees,from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract,whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a)submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400(Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 05/27/05 SP-6 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE)COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine(5)city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or fifes in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts(other than a negligent misrepresentation) and/or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate"good faith effort", shall result in a bid being rendered non-responsive to specifications. •• Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency(NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9)county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10%of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are 05/27/05 SP-7 let,and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Workers Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10)days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of MIWBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81,TWCC- 82, TWCC-83,OR TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractors/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor' in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent Contractors,subcontractors, leasing companies, motor carriers, City-operators,employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,Section 401.011(44)or all employees of the Contractor providing services on the project, for the duration of the project. 05/27/05 SP-8 c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and 05/27/05 SP-9 (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery,within ten (10) days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self- insured,with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and 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 Workers 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 identify of their employer or status as an employee." Call the Texas Workers Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employers failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted 05/27/05 SP-10 until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term"or equal", or"or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term"or equal", or"approved equal"is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to"substitutions"shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 26. RIGHT TO ABANDON:The City reserves the right to abandon,without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications ma4 be purchased at the Office of the Department of - Engineering, 1000 Throckmorton Street,2 Floor, Municipal Building, Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two(2)years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to 05/27/05 SPA 1 the Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices,Vol. No. 1." 31. DISPOSAL OF SPOIUFILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items 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 on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as 05/27/05 SP-12 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. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: CL (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions 05/27/05 SP-13 relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES: The City, through its Surveyor or agent,will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish _ line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer,etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the 05/27/05 SP-14 contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically,'the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment 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. CONSTRUCTION 41. PAY ITEM- UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. 05/27/05 SP-15 During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM- 6"REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314"Concrete Pavement,"shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage, the following policy will apply: - (1) When the crack is minor and due to shrinkage(cosmetic), then no further treatment will be needed. (2) If the crack is due to distress(structural), the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43. PAY ITEM-SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001 543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint 05/27/05 SP-16 sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686-0994, or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time, minutes max. 60 **** Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED-AFTER ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+1001-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail"sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints, the initial 1/4 inch 05/27/05 SPA 7 width "green"saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned,and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the"Construction Detail' sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. 05/27/05 SP-18 When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying,the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed ovemight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F(4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot(L.F.)as provided in"MEASUREMENT"for"SILICONE JOINT SEALING",which price of 05/27/05 SP-19 shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. 44. PAY ITEM-7"CONCRETE CURB: The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty(30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7)calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. r 45. PAY ITEM - RETAINING WALL: (OMIT) 46. PAY ITEM - REPLACE EXIST. CURB AND GUTTER: This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "REPLACE EXIST. CURB AND GUTTER" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 47. PAY ITEM-HMAC TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 48. PAY ITEM -6" PIPE SUBDRAIN- (OMIT) 49. PAY ITEM-TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total 05/27/05 SP-20 compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 50. PAY ITEM-8"THICK LIME STABILIZED SUBGRADE &CEMENT FOR SUBGRADE STABILIZATION: See Standard Specifications Item No. 210, "Lime Treatment(Material Manipulation)"and Specification Item No. 212, "Hydrated Lime and Lime Slurry"for specifications governing this item. Quantities for this pay item are approximate and are given only to establish a unit price for the work. The price bid per square yard for"8"THICK LIME STABILIZED SUBGRADE" as shown in the Proposal will be full payment for all labor, equipment,tools and incidentals necessary to complete the work. The price bid per ton for"LIME FOR SUBGRADE STABILIZATION"as shown in the Proposal will be full payment for materials necessary to complete the work. 51. PAY ITEM-6" H.M.A.C. PAVEMENT(Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3"deep Type"D"course placed in one lift. All provisions of Standard Specification No. 3.12.7 'Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than Y2 of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type"B"and"D"asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two(2)years old. Upon submittal of the design mix a Marshal(Proctor)will be calculated, if one has not been previously calculated, for the use during density testing. For type"B"asphalt a maximum of 20% rap may be used. No Rap may be used in type"D" 05/27/05 SP-21 Upon approval of an asphalt mix design and the calculation of the Marshal(proctor)the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type"B"and for Type"D"asphalt will be 91%of the calculated Marshal(proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established,densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type"B"and"D'asphalt. Densities on type"B" must be done before Type"D"asphalt is applied. Cores to determine thickness of Type"B" asphalt must be taken before Type"D"asphalt is applied. Upon completion of the application of Type"D" asphalt additional cores must be taken to determine the applied thickness. 52. PAY ITEM -CONCRETE FLAT WORK(CURB. CURB&GUTTER. SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks, wheelchair ramps and driveways as shown in the plans. This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed,which includes backfilling and finished grading. 53. PAY ITEM—REMOVE EXISTING CONCRETE SIDEWALK DRIVEWAYS STEPS LEADWALKS AND WHEEL CHAIR RAMPS: This item includes removal of existing concrete sidewalks, driveways, steps, leadwalks and wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item No. 104 "Removing Old Concrete", for Specifications governing this item. 54. PAY ITEM—REMOVE EXISTING CURB AND GUTTER: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. 55. PAY ITEM—REMOVE EXISTING CURB INLET: (OMIT) 56. PAY ITEM—6"THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504, "Concrete Sidewalks and Driveways'for specifications governing this item as well as details S-S5 and S-SSA. The price bid per square foot for"6"THICK REINFORCED CONCRETE DRIVEWAY" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 05/27/05 SP-22 57. PAY ITEM—REMOVE AND CONSTRUCT CONCRETE STEPS: See Standard Specification Item No. 516,"Concrete Steps"for specifications governing this item as well as details SM-3. The price bid per each for"REMOVE CONCRETE STEPS" and"CONSTRUCT CONCRETE STEPS" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 58. PAY ITEM—4'STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP: All applicable provisions of standard Specifications Item 104"Removing Old Concrete"and Item 504 "Concrete Sidewalk Driveways"shall apply except as herein modified. The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division, TPW (Phone 871-7738). All concrete flared surfaces 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 manufacturers instructions. "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." 59. PAY ITEM—REMOVE AND REPLACE FENCE: This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way,or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 60. PAY ITEM—STANDARD 7"CURB AND 18"GUTTER: All provisions of Standard Specification No. 502 'Concrete Curb and Gutter shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: a. A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. 05/27/05 SP-23 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. 61. PAY ITEM—REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS: (OMIT) 62. PAY ITEM—BORROW: The non-expansive earth fill should consist of soil materials with a liquid limit of 35 or less, a plasticity index between 8 and 20, a minimum of 35 percent passing the No. 200 sieve, a minimum of 85 percent passing the No. 4 sieve, and which are free of organics or other deleterious materials. When compacted to the recommended moisture and density, the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity(permeability)of 1 E-05 cm/sec, as determined by laboratory testing of remolded specimens of the actual materials proposed for the non- expansive earth fill. 63. PAY ITEM—CEMENT STABILZATION: (OMIT) 64. PAY ITEM—CEMENT: (OMIT) 65. PAY ITEM—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. 66. PAY ITEM—STORM DRAIN INLETS: (OMIT) 67. PAY ITEM—TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN: (OMIT) 68. PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.b(.us/permittingtwater 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 05/27/05 SP-24 Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required$100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water& General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water& General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP,): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the _ project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY — DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including 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 05/27/05 SP-25 Contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. FOR DISTURBED AREAS LESS THAN 1 ACRE, SPECIAL PROVISION 23 - 40 SHALL BE APPLICABLE. 69. PRE BID ITEM-PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of %" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70. PRE BID ITEM- UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor' responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where 05/27/05 SP-26 such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in,handling the utility adjustments. 71. PRE BID ITEM- TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 72. PRE BID ITEM- ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 73. PRE BID ITEM- MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No. 450 shall apply except as follows: Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. 74. PRE BID ITEM- ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.V of specified parkway grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 75. NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76. NON-PAY ITEM-SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77. NON-PAY ITEM-PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871- 5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by 05/27/05 SP-27 the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 78. NON-PAY ITEM- CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 79. NON-PAY ITEM- PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80. NON-PAY ITEM- PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM- NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw- cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 05/27/05 SP-28 82. NON-PAY ITEM- PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area.The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, 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. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. - All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 83. NON-PAY ITEM —PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date,and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. 84. NON-PAY ITEM- WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131. - 85. NON-PAY ITEM—SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 86. NON PAY ITEM— LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling 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 to two(2)working 05/27/05 SP-29 days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed(within the same day)the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone (817) 338-6275 "Hot Line" Texas Utilities (817)336-9411 ext. 2121 Mr. Roy Kruger Lone Star (817) 336-8381 ext. 372 Mr. Jim Bennett 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 recycling 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. 87. NON PAY ITEM—TIE IN INTO STORM DRAIN STRUCTURE: (OMIT) 88. NON PAY ITEM—SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. 89. NON PAY ITEM- 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: The street permit fee is$50.00 per permit with payment due at the time of permit application. 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. 90. NON PAY ITEM-TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to.control conditions created by his construction operations. The temporary measures shall include dikes, dames, berms, sediment basins, fiber mats,jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way, 05/27/05 SP-30 clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms,dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil- erosion-control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted;therefore,temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. 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. 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels,oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. 91. NON PAY ITEM -TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit" prior to starting work, As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. 05/27/05 SP-31 A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 392-8712, at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738)to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. if the temporary sign is not installed correctly or if it does not meet the required • specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." 05/27/05 SP-32 (To be printed on Contractor's Letterhead) Date: DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street : days \.;.A- E : THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR>AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 05/27/05 SP-33 PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAWS CONFLICT OF INTEREST DISCLOSURE REQUIREMENT&QUESTIONAIRE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND VENDOR COMPLIANCE TO STATE LAW �r ACORQ. CERTIFICATE OF LIABILITY INSURANCE 1DATE 2/18/2006 PRODUCER Phone: 817-299-3800 Fax: 817-299-3890 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IBTX Risk Services Hurst ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8701 Bedford Euless Rd. , #450 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hurst TX 76053 INSURERS AFFORDING COVERAGE NAIC 9 INSURED INSURERA: Amerisure Mutual Ins Co 23396 McClendon Construction Co, Inc. INSURERB: PO BOX 996 INSURERC: Burleson TX 76097 INSURER D: INSURER E: ■ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR= POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NU MBER p LIMITS A GENERALLIABILIrY CPP2034918 1/31/2006 1/31/2007 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRAEMISES Ea occurence $ 300,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 10,000 ■ PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGG REGATE LIMIT APPLI ES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY FID PROT LOC A AUTOMOBILE LIABILITY CA2 0 3 4 917 1/31/2006 1/31/2007 COMBINED SINGLE LIMIT 000 X ANY AUTO (Ea accIdent) $ 1,000 , , ALL OWNED AUTOS ■ BODILY INJURY $ SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) ■ PROPERTY DAMAGE $ (Peraccidont) GARAGELIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ ■ AUTO ONLY: AGG $ A EX(ESSIUMBRELLALIABILITY CU2034920 1/31/2006 1/31/2007 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 $ DEDUCTIBLE $ X RETENTION $ $ A WORKERS COMPENSATION AND WC2034921 1/31/2006 1/31/2007 X 'O,RYTATUs LimirERH EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes, under SPECIAL describe below E.L.DISEASE-POLICY LIMIT $ 1,0 0 0,0 0 0 ■ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Blanket Additional Insured is included on the General Liability and Automobile policies per policy form. Blanket Waiver of Subrogation is included on the General Liability, Automobile and Workers, Compensation policies. *10 Day notice of cancellation for non-payment of premium RE: Winnie & Langston, DOE # 4574. The City of Ft. Worth, Its Officers, Employees & Servants are included as Additional Insured on the General Liability and Automobile Policies per policy form. CERTIFICATE HOLDER CANCELLATION 3 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED The Cit Of Fort Worth BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 1000 Throckmorton CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Fort Worth TX 76102 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 25(2001/08) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4574 and City of Fort Worth Project No. P264- 0605170002183/P274-0705170002183/C200-0205400002183. CONTRACTOR McClendm Construction Company, Inc. By: ",(/ Name: DAN McCL NOON, PRESI T Title: DAN McCLENDON, PRESIDENT Date: de STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared I�OI`f� M CCS Arid ,nknown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of McClendon Construction Company. Inc. for the purposes and consideration therein expressed and in the capacity therein stated. 'I Given Under My Hand and Seal of Office this tet' day of DOI 20Z, ��� - 0, Notary Public in an or the State of Texas . eYPo =WILSONf Texaspires9 I/lllllll CONFLICT OF INTEREST DISCLOSURE REQUIREMENT CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance,please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is T subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. Li CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. 2 F] Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationshipwith a person who is a local government officer and who p g appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 01/13/2006 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes F-1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes F-1 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes a No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date Amended 01113/2000 ad PERFORMANCE BOND T Bond No. 8206-47-69 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) McClendon Construction Co., Inc. as Principal herein, and (2) Vigilant Insurance Company,a corporation organized under the laws of the State of(3)New York 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 Eighteen Thousand Eight Hundred Ninety-nine and no/100................................................ ($918,899.00)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. UP WHEREAS, Principal has entered into a certain contract with the Obligee dated the of 2006 a copy of which is hereto attached and made a part hereof for all purposes,for the construction of: Pavement Reconstruction and Water and Sanitary Sewer Replacement on Winnie Street and Langston Street (Proiect No.00021) 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. am w 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 statue,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 .2006. ATTEST: CFP 9 R ?nnF n onstruction Co. Inc. McCleAo (Principal)Secretary PRIN AL 4) BY: Title: DA M, MMENT (SEAL) PO Box 999 Burleson,TX 76097 (Address) Vi ila t Insurance-Company s( a � rinciipa1 � ,� Sur t Address BY: Vol� ATTEST: ttorney-i Kyle W.Sweeney,Attorney-in-Fact (Surety)Secretary 2001 Bryan Street,Suite 3400 "* Dallas,Texas 75201 (SEAL) (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor y,. (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. Wit ss as to Sur t Jennifer R.Borock P.O ox 8720 r Worth Texas 76124 `` '-- (Address) IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES - The address of the surety company making this bond to which any notice of claim should be sent may be obtained by calling the Texas Department of Insurance at the above number. Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached document. This notice is given to comply with Section 2253.048, Texas Government Code and Section 53.202, Texas Property Code effective September 1, 2001. i PAYMENT BOND i Bond No. 8206-47-69 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) McClendon Construction Co., Inc. as Principal herein, and (2) Vigilant Insurance Company a corporation organized and existing under the laws of the State of(3) New York 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 Eighteen Thousand Eight Hundred Ninety-nine and no/100......... Dollars ($918,899.00) 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: CFP 9 R ?nnF WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the day of 2006, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: Pavement Reconstruction and Water and Sanitary Sewer Replacement on Winnie Street and Langston Street(Proiect No.00021) 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 and materials in the prosecution of the work under the contract, then this obligation shall be void;other wise,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 statue,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and Surety have executed this instrument. CCp 7 R ?nnp SIGNED AND SEALED this day of i McClendon Construction Co., Inc. PRINCI ATTEST: By: +� Name: DAM McCLENDON, PRESIDENT (Principal) Secretary Title: DAN McCIENDON, PRESIDENT K ) Address: PO Box 999 M\rml )VU�Ihon Burleson,TX 76097 rtness as to Prin i al Vi ilant Insurance Company SURPVY ATTEST: By: Name: K le W. Sweene Secretary Attorney in Fact (SEAL) Address: 2001 Bryan Street, Suite 3400 Dallas,Texas 75201 W' ess as to S ty Jennifer R.Borock Telephone Number: 214-754-0777 NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of the bond shall not be prior to date of Contract. MAINTENANCE BOND Bond No. 8206-47-69 THE STATE OF TEXAS § COUNTY OF TARRANT § That McClendon Construction Co., Inc. ("Contractor"), as principal, and Vigilant Insurance Company , a corporation organized under the laws of the State of New York ,("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 Eighteen Thousand Eight Hundred Ninety-nine and no/100...................................................................................................................Dollars ($918,899.00) lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors,administrators, assigns and successors,jointly and severally. This obligation is conditioned,however,that, WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the &FP 2 ?nn� 2006 copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Pavement Reconstruction and Water and Sanitary Sewer Replacement on Winnie Street and Langston Street(Project No. 00021) the same being referred to herein and in said contract as the Work and being designated as project number(s) P264-0605170002183/P274-0705170002183/C200-0205400002183 and 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 the final acceptance of the work by the City;and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two(2)Years; and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, w WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. _ This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one of which shall be deemed an original, this day of ,A.D.2006 CFP 9 R gnnF ATTEST: McClendon Construction Co. Inc. (SEAL) Contract r ) U By: _ Secretary Name: DAN MCCLENDON, PRESIDENT Title: DAN McCLENDON, PRESIDENT ATTEST: Vigilant Insurance Company (SEAL) Sure*Kle By: Secretary Nam . Sweene Title: Attorney-in-Fact 2001 Bryan Street,Suite 3400 Dallas,Texas 75201 Address Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation, and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Kyle W. Sweeney, Charles D. Sweeney, Bobby E. Mayo and Michael A. Sweeney of Fort Worth, Texas------------------------ each as their true and lawful Attorney-in-Fad to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 30th day of April, 2003 04�me��� '-P�" Kenneth C.Wendel,Assistant Secretary Fra k E.Robertson, ice President STATE OF NEW JERSEY ss. County of Somerset On this 30 th day of April, 2003 ,before me,a Notary Public of New Jersey,personalty came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel being by me duly swom,did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof;that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power ofAttomey as Assistant Secretary of said Companies by like authority;and that he Is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signature of Frank E.Robertson, subscribed to said Power of Attorney Is in the genuine handwriting of Frank E.Robertson,and was thereto subscribed W authority of said By-Laws and in deponents presence. Notarial Seal �PKRUM�OA' JANA KRUMPFElt N -P OTAp Notary Public,State of New Jersey No. 2297116 + i°U.BL1C+� Commission Expires February 25,20 09 Notary Public yell'JERSo CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,Jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U. S.Treasury Department;further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. CFP 98 9nnA Given under my hand and seals of said Companies at Warren, NJ this day of �gURANCF W �NDIA11 �7Scpas� *Fw Yoa� Kenneth C.Wendel,Assi Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908)903-3485 Fax (908)903-3656 e-mail: surety@chubb.com Form 15104225(Ed.499)CONSENT VENDOR COMPLIANCE TO STATE LAW VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low - bidder, non-resident bidders (out-of state contractors whose corporate office or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidders in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non- resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check yes in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law.A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices,are in the State of Texas (Yes). BIDDER: By: Company (Please Print) - Signature: Address Title: City State Zip (Please Print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION VC-1 EXPERIENCE RECORD List of prqijects your or anization has successful) completed: Amount of Contract Type of Work Date Accepted Name and Address of Owner Award List of Proiects your or anization is now engaged in completing: Amount of Contract Anticipated Award Type of Work Date of Name and Address of Owner Completion List Surety Bonds in force on above incomplete work: Date of Contract Type of Work Amount of Name and Address of Surety Award Bond Bond EQUIPMENT SCHEDULE List of Projects your organization has successfully completed: Portion of work Bidder proposes to sublet in case of Award of Contracts including amount and type: CITY OF FORT WORTH TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the day of A.D., 2006, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the I Ph day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, McClendon Construction Company,Inc.,HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made - and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Pavement Reconstruction and Water and Sanitary Sewer Replacement on Winnie Street and Langston Street (Project No.00021) 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 160 working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$315 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof,the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in Part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor u and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8 Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in R monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding)alternates n/a, shall be Nine Hundred Eighteen Thousand Eight Hundred Ninetv-nine and no/100.......................................................................................................................Dollars,($918,899.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 5 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 5 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the day of A.D.,2006. qrV78 70r. RECOMME CITY OF FORT WORTH BY: - DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING t APPROVED: A�� Marc A. Ott,Assistant City Manager TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: McClendon Construction Company,Inc. _ PO Box 999 Burleson,TX 76097 CONTRACTOR CITY SECRETARY (S E A L) ContAcAho ' ztioa BY: DAN MCCIENDON, PRESIDENT Date TITLE McCMmlon C0113iTtmcfion Co., Inc. APPROVED AS TO FORM AND P.O. Box 999 —�Q'v'�ewn,Tx ra-W LEGALITY: ADDRESS ASST. C/FfrY AXTORW November 1960 Revised May 1986 4 Revised September 1992 WON R. WORTH, TEX,