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Contract 34117
CRY Si:CRHARY V 0.0.E. FILE lc:> ,~ ~ CONTRACTOR 1S BONDING Cu. SPECIFICATIONS AND C O NSiRUCTJ ON 1S CO PY CONTRACT DOCUMENTS CLI ENT ;)EPARTM EN l FOR THE CONSTRUCTION OF c,,v r~("\1E TARY 3'J I J r~ • \ '"°' .. • ...,0.-.1.,,,\J, No.\./ SANITARY SEWER REHABILITATION -coNl~RACT LXX (70), PART3 Water Project No. P253-609 l 70043983 Sewer Project No . P258-709170043983 DOE No . 5132 City Project No. 00439 Mike Moncrief Maror Charles Boswell City Manager A. Douglas Rademaker, P.E . Director, Department of Engineering S . Frank Crumo, P.E. Director, Water Department Robert Goode, P.E. Director, Department of Transportation & Public Works Prepared for The City of Fort Worth Department of Engineering July 2006 -Systems) Kimley -Horn and Associates, Inc . KHA No. 061018025 I 061018028 ............. ,,, --OFT \\ --.,.. ..... ~ ........ t-r .... ,, ill" .. * .. "'·"' ;" e;, .•• ··." I '* .... ·· .... ,, , • • 'jl ~·:· · ... , ,. ................................... , ' JOHN R. ATKINS ~ ,, ............................... , ... ~ . . ., '·~··.. 85376~/ a Oh·. C $~Q .. ""' ·~"L',. E N ,:.• X -\ ,1 1····· ··!---' ' ,,. d · ~~~tt ;: . -1) ),,JuR l,G.INA L -,· 7· ?· o, TSC No. P202040382 Prin t M&C COUNCIL ACTION: Approved on 9/26/2006 -Ordinance No. 17219-09-2006 DATE: 9/26/2006 REFERENCE NO.: C-21745 LOG NAME: 30LXX(70)P3 ORC CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Oscar Renda Contracting, Inc ., for Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 (City Project No . 00439) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council : 1. Authorize the transfer of $2,387,517.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $994,867 .00 and the Sewer Capital Projects Fund in the amount of $1,392,650.00; 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund the in the amount of $994 ,867.00 and the Sewer Capital Projects Fund in the amount of $1,392,650.00; and 3. Authorize the City Manager to execute a Construction Contract Agreement with Oscar Renda Contracting, Inc., in the amount of $2,194,755.00 for Sanitary Sewer Rehabilitation Contract LXX (70), Part 3. DISCUSSION: On March 23, 2004, (M&C C-20000) the City Council authorized an engineering agreement with Kimley- Horn & Associates, Inc. for Sanitary Sewer Rehabilitation Contract LXX (70). The agreement provided for the preparation of plans and specifications for the replacement of sewer mains M-134 and sewer laterals L- 873, L-1884 , L-2122, L-3782 and L-4427 . This project provides for the replacement of M-134, L-1884 and segments of the water mains located on Vickery Boulevard and University Drive . The project was advertised for bid on July 6 and 13, 2006 . On July 27 , 2006, the following bids were received : Bidder Oscar Renda Contracting, Inc. Jackson Construction, Ltd. Amount $2,194,755.00 $2 ,867 ,455.00 Time of Completion 120 Calendar Days In addition to the contract cost, $126,920 (Water: $53,304 ; and Sewer: $73,616 .00) is included for survey, inspection and other construction related tasks and $65,842 (Water: $27,424; and Sewer $38,418) is provided for project contingencies . M/WBE -Oscar Renda Contracting, Inc . is in compliance with the City 's M/WBE Ord inance by committing to 19 percent M/WBE participation . The City 's goal on this project is 19 percent. This project is located in COUNCIL DISTRICTS 8 and 9 , Mapsco 76J , Kand N. ' 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 and the Sewer Capital Projects Fund . TO Fund/Account/Centers 1&2) P253 472045 6091400439ZZ 1&2) P258 472045 7091700439ZZ 2)P253 531350 609170043952 2)P253 531350 609170043960 2)P253 531350 609170043980 2)P253 533010 609170043981 2)P253 531350 609170043982 2)P253 541200 609170043983 2)P253 531350 609170043984 2)P253 531350 609170043985 2)P253 531350 609170043991 2)P258 531350 709170043952 2)P258 531350 709170043960 2)P258 531350 709170043980 2)P258 533010 709170043981 2)P258 531350 709170043982 2)P258 541200 709170043983 2)P258 531350 709170043984 2)P258 531350 709170043985 2)P258 531350 709170043991 $994,867 .00 $1,392 ,650 .00 $10 ,000 .00 $914 .00 $1 ,371 .00 $50 .00 $914 .00 $941 ,563 .00 $9 ,141 .00 $30 ,000 .00 $914 .00 $15 ,000.00 $1 ,280.00 $1 ,920 .00 $50.00 $1,280 .00 $1 ,319 ,034.00 $12 ,806 .00 $40 ,000.00 $1 ,280 .00 FROM Fund/Account/Centers 1)PE45 538070 0609020 $994 ,867 .00 1 )PE45 538070 0709020 $1 ,392 ,650 .00 3)P253 541200 6091470043983 $914,139 .00 3)P258 541200 7091470043983 $1 ,280 ,616 .00 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: Additional Information Contact: A. Douglas Rademaker (6157) A. Douiglas Rademaker (6157) ATTACHMENTS 30LXX(70)P3 ORC .doc Pri nt M&C COUNCIL ACTION: Approved on 9/26/2006 -Ordinance No. 17219-09-2006 DATE: CODE: 9/26/2006 C REFERENCE NO.: TYPE: C-21745 NON-CONSENT LOG NAME: 30LXX:(70)P3 ORC PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Oscar Renda Contracting, Inc., for Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 (City Project No . 00439) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $2,387,517.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $994,867 .00 and the Sewer Capital Projects Fund in the amount of $1,392,650.00; 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund the in the amount of $994 ,867.00 and the Sewer Capital Projects Fund in the amount of $1,392,650 .00; and 3. Authorize the City Manager to execute a Construction Contract Agreement with Oscar Renda Contracting, Inc., in the amount of $2,194 ,755 .00 for Sanitary Sewer Rehabilitation Contract LXX (70), Part 3. DISCUSSION: On March 23, 2004, (M&C C-20000) the City Council authorized an engineering agreement with Kimley- Horn & Associates, Inc. for Sanitary Sewer Rehabilitation Contract LXX (70). The agreement provided for the preparation of plans and specifications for the replacement of sewer mains M-134 and sewer laterals L- 873, L-1884 , L-2122 , L-3782 and L-4427 . This project provides for the replacement of M-134, L-1884 and segments of the water mains located on Vickery Boulevard and University Drive. The project was advertised for bid on July 6 and 13, 2006. On July 27, 2006, the following bids were received : Bidder Oscar Renda Contracting, Inc. Jackson Construction , Ltd . Amount $2 ,194,755.00 $2 ,867,455 .00 Time of Completion 120 Calendar Days In addition to the contract cost, $126,920 (Water: $53,304; and Sewer: $73,616.00) is included for survey, inspection and other construction related tasks and $65,842 (Water: $27,424; and Sewer $38,418) is provided for project contingencies . M/WBE -Oscar Renda Contracting, Inc. is in compliance with the City's M/WBE Ordinance by committing to 19 percent M/WBE participation . The City's goal on this project is 19 percent. This project is located in COUNCIL DISTRICTS 8 and 9 , Maps~o 76J ., K and .N. 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 and the Sewer Capital Projects Fund . TO Fund/Account/Centers 1&2) P253 472045 6091400439ZZ 1&2) P258 472045 7091700439ZZ 2)P253 531350 609170043952 2)P253 531350 609170043960 2)P253 531350 609170043980 2)P253 533010 609170043981 2)P253 531350 609170043982 2)P253 541200 609170043983 2)P253 531350 609170043984 2)P253 531350 609170043985 2)P253 531350 609170043991 2)P258 531350 709170043952 2)P258 531350 709170043960 2)P258 531350 709170043980 2)P258 533010 709170043981 2)P258 531350 709170043982 2)P258 541200 709170043983 2)P258 531350 709170043984 2)P258 531350 709170043985 2)P258 531350 709170043991 $994,867 .00 $1,392 ,650 .00 $10 ,000 .00 $914.00 $1 ,371 .00 $50.00 $914 .00 $941 ,563.00 $9 ,141 .00 $30 ,000 .00 $914 .00 $15 ,000 .00 $1 ,280 .00 $1 ,920 .00 $50 .00 $1 ,280.00 $1 ,319 ,034 .00 $12 ,806.00 $40 ,000.00 $1,280 .00 FROM Fund/Account/Centers 1)PE45 538070 0609020 $994 ,867 .00 1 )PE45 538070 0709020 $1 ,392,650.00 3)P253 541200 6091470043983 $914,139 .00 3)P258 541200 7091470043983 $1 ,280,616 .00 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: Additional Information Contact: A. Douglas Rademaker (6157) A. Douiglas Rademaker (6157) ATTACHMENTS 30 LXX(70)P3 ORC.doc , - ADDENDUM NO. 1 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT LXX (70), PART 3 WATER PROJECT NUMBER P253-609170043983 SEWER PROJECT NUMBER P258-709170043983 DOE NO. 5132 CITY PROJECT NO. 00439 The following revisions are hereby made July 17, 2006 to the Bid Documents for thi s project: PART B -PROPOSAL • Remove the existing Proposal (Pages B-1 to B-14) from the Bid Documents and replace with the attached Proposal: "Proposal-Addendum No. l" (Pages B-lR to B-14R). All other provisions of the contract documents , plans and specifications shall remain the same. Bidders shall acknow ledge receipt of this addendum on the proposal and in the space provided below. Failure to acknowledge the receipt of thi s Addendum No. 1 could cause the subject bidder to be considered "NON-RESPONSIVE", resulting in disqualification. RECE~=LEDGED: By:~ Company:O-?~ #N04 Cb,.,7111-cr,_#6 July 1 7 , 2006 P:106 10 18.025\Spc \Unit _II I\Add enda\Add_ I .doc Tony Sholola, P.E. KIMLEY-HORN AND ASSOCIATES, INC. TRANSYSTEMS COPORATION ---l---- KHA No . 06 10 18025 /0610 18028 TSC No . P202040382 . ..,- ' ADDENDUM NO. 2 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT LXX (70), PART 3 WATER PROJECT NUMBER P253-609170043983 SEWER PROJECT NUMBER P258-709170043983 DOE NO. 5132 CITY PROJECT NO. 00439 RECEIVED Addendum No. 2. Issue Date: July 21, 2006 Bid Receipt Date: July 27, 2006 JUL 2 4 ?.006 BY: This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by s igning and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid . PART B -PROPOSAL • Remove Part B Proposal -Addendum No . 1 in its entirety from the contract documents and replace with the attached Part B Proposal -Addendum No. 2. PART DA-ADDITIONAL SPECIAL CONDITIONS • Remove page ASC-3 in its entirety from Part DA -Additional Special Conditions and replace with the attached page ASC-3. • Add DA-119 Ductile Iron Pipe to Part DA -Additional Special Conditions. All other provisions of the contract documents , plans and specifications shall remain unchanged. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive . A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. RECEIP~~EDGED: By: __ ~___..__ _____ _ Department of Engineering A. Doug las Rademaker, P.E . Directo Rick Trice , P.E. Assistant Director Department of Engineering ADDENDUM NO. 2, Pag e 1 Notice to Bidders Comprehensive Notice to Bidders Special Instructions to Bidders TABLE OF CONTENTS Minority and Women Bus iness Enterprises Specifications Proposal General Conditions Supplementary Conditions to Part C Special Conditions Additional Special Conditions Special Specifications Certificate of Insurance Contractor Compliance with Worker's Compensation Law Vendor C ompliance to State Law Maintenance, Payment and Performance Bonds Contract Pavement Cores Encroachment on Railroad Property Agreement (Kimley-Hom) Railroad Consent Letter (TranSystems) Part A A A B B C Cl D DA E F F F F G Appendix A Appendix B Appendix C PART A PART A-NOTICE TO BIDDERS Sealed proposals for the following project: FOR: Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 in Fort Worth, Texas Water Project No. P253-609170043983 Sewer Project No. P258-709170043983 DOE No. 5132 City Project No. 00439 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth , Texas, will be received at the Purchasing Office until 1:30 p.m ., Thursday , July 27 , 2006 and then publicly opened and read aloud at 2:00 p.m . in the Council Chambers. Plans, General Contract Documents and Specifications for this project may be obtained in the office of the Department of Engineering, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. A sixty dollar ($60 .00) non-refundable fee is required for each set of plans and documents. The major work on the above referenced project shall consist of the following : Sewer Line Improvements 2,520 LF 24" Sanitary Sewer Pipe Rehabilitation (CIPP, or approved equal) l,060LF 8 " Sanitary Sewer Pipe 10 EA Standard 4-foot Diameter Manhole 1 EA Modified Type "A" Manhole Water Line Improvements 440 LF 16" Water Line with 30" Steel Casing 1275 LF 16 " Water Line by Open Cut 48"xl6 " Tapping Tee 500 LF 12" Water Line 500 LF Pavement Repair and Curb and Gutter Replacement For additional information, please contact Mr. Liam Conlon, Project Manager, City of Fort Worth -Department of Engineering at (817) 392-6824 or Mr. John Atkins, P .E., Project Manager , Kimley-Horn and Associates , Inc ., at (817) 335-6511. ADVERTISING DATES: July 6, 2006 July 13, 2006 Fort Worth , Texas PART A-COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 in Fort Worth, Texas Water Project No. P253-609170043983 Sewer Project No. P258-709170043983 DOE No. 5132 City Project No. 00439 Addressed to Mr. Charles Boswell, C ity Manager of the City of Fort Worth, Texas , will be received at the Purchasing Office until 1 :30 p .m., July 27, 2006 and then publicly opened and read aloud at 2:00 p .m. in the Co uncil Chambers . Plans , General Co ntract Documents and Specifications for this proj ect may be obtained in the office of the Fort Worth Department of E ngineering, 1000 Throckmorton Street, Fort Worth, Texas 76102. A s ixty dollar ($60.00) non-refundable fee is required for each set of plans and documents. These documents contain additional information for prospective bidders. Please note that plans will be available for pick up on Tuesday, July 11, 2006. All Bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of pre vai lin g wage rates and City Ordinance n o. 7400 (Fort Worth City Code Sections 13-A-221 throu gh 13-A-29) prohibiting dis cri minati on in the employment practices. Bid security is required in accordance with paragraph 2 of the Special Instructions to Bidders. The major work will consist of th e following: Sewer Line Improvements 2,520 LF 24" Sanitary Sewer Pip e Rehabilitation (CIPP, or approved equa l) 1,060 LF 8" Sanitary Sewer Pipe 10 EA Standard 4-foot Diameter Manhole 1 EA Modified Type "A" Manhole Water Line Improvements 1258 LF 16" Water Line by Open Cut 449 LF 16" Water Line by Other than Open Cut 6 EA 16" Gate Valve 3450 LF 12" Water Line by Open Cut 34 LF 12" Water Line by Other than Open Cut 7 EA 12" Gate Valve Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. The City reserves the right to reject any and /or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration ofninety (90) days from the date bids are opened. The award of contract, if made , will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigation are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form(s). Bidders must also acknowledge rec ei pt of the Addendum on the outside of th eir bid envelope. Bids that do not ac kno w led ge rece ipt of a ll add enda may be rejected as being no n-respons ive . In formatio n regardi ng the statu s of addenda may be obtained by contacting th e C it y of Fort Worth Department of En gi n eeri ng at (8 17) 392-79 10 . Bidders sha ll not se p arate, detach or remove a n y portion, segment or sh eets fro m the contract d ocument at an y time. Bidders must complete the proposal sect io n (s) a nd s ubmit th e comp lete sp ecifi cations book or face rejection of the bid as non-res ponsive. It is recommended that the bidder make a copy of the fo rm s includ ed in the Minority and Women Business Enterprise section for submittal w ithin the time -line stated be low or the bidder may request a copy of said forms fro m the City Project Manager named in this so li c it at ion . 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 b y the managing department no late r than 5:00 p.m., five (5) City business da ys after the bid opening date. The bidder shall obtain a receipt from the appropriate emplo yee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to compl y shall render the bid non-responsive. The managing d epartment for thi s project is the Department of Engin eeri ng. For additional information , please contact Mr. Liam Con lon, Project Manager, City of Fort Worth - Department of En gi neerin g at (817) 392-6824 or Mr. John R . Atkins, P.E., Project Manager, Kimley- Hom and Associates, Inc., at (8 1 7) 3 3 5 -65 11 . CHARLES BOSWELL CITY MANAGER Advertising Dates: July 6, 2006 July 13, 2006 Fort Worth, Texas By: MARTY HENDRIX CITY SECRETARY ~ Tony Sholola, P.E ., Engin eering Manager, Department of Engin eerin g, SPECIAL INSTRUCTIONS TO BIDDERS l) 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 expe rience 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 (l) year old . ln the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification . b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such . e) The City, in its sole discretion , may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened , shall not be considered . g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received . Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten ( l 0) 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 (I) 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 06/04/03 of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 3. BONDS: A performance bond, a payment bond , and a maintenance bond each for one hundred (100%) percent of the contract price will be required , Reference C 3-3 .7. 4. WAGE RATES: Section C3-3 .13 of the General Conditions is deleted and replaced with the following : (a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall , for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. ( c) The contractor shall include in its subcontracts and /or shall otherwise require all of its subcontractors to comply with paragraph s (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: [n 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 60 I g , Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located . "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. 06 /04 /03 This provision does not apply if this contract involves federal funds . The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000 .00 or less, the contract amount shall be paid within forty-five ( 45) calendar days after completion and acceptance by the City. 9 . AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members , agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification , retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and /or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10 . DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, tenns 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 W AfVER 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 06/04/03 (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 enterpri s e (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and /or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts ( other than a negligent misrepresentation) and /or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 12 . FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a) The contractor will receive full payment (less retainage) from the city for each pay period. b) Payment of the retainage will be included with the final payment after acceptance of the project as being complete . c) The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d) The warranty period shall begin as of the date that the final punch list has been completed. e) Bills Paid Affidavit and Consent of Surety shall be required prior to the 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 PARTB . ·. I ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form -----....,..---- PRIME COMPANY NAME: Check applicable block to describe prime Osc ar Renda Contractinq I M/W/DBE I vi NON-M/W/DBE PROJECT NAME: (70f.Part3 BID DATE Sanitary Sewer Rehabilitation Contrac LXX Julv 27.2006 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 1 g>/o ft.} .O-"!o Identify .fil! subcontractors/suppliers you will use on this project Failure to complete this form , in its enti.rety :with ,f equested -documehtatioti,· and .received by the Managing Department' on or before 5:QO p.m. five /(5,)"C it t ~llsi.~es~A ~Y.s~a~~r .. bid, open,ing, exclusive · of'bi<:I opening date, will result in the . bid being considered non ,,respOifai~e 'fo;bidspecif!qatiqr:i s>··.,,\ .. ;":. · .·. . .._ .. .. . :< , ' -·._ ',,, ••. _,-: '~;fc,;·_:r;:/)·):~;,~J;.~}.)r;-:i,_/'',~'.'·~;~i)fi~.)t;\:'.·,\ .. ' . . . . . . The uhdersigned ::Offeror ,agrees" to" enter.,Jntoo.~a:;~forrlial{.agreernent':.w1th the ·:MIWBE' firm(s) listed 1n this· · 1·· .. '1 '.~ -' ~.,::_ ·,'•,.•:_._-c~'.-"~~. "'\·--1 ~°'-~,.,.,....,.,_ ~; ','!,.,:,~-·"··~· _ .. ,._..:ft: ·'}''.'•.'_-•··1 ~--, -<... r:-'. ,,._ .• ·., '." : .. : :•-'· ,-..., ·-· ·.·,.,_ · --.--· utilization schedule, ·ccmditioned .:".upoii.1executibn' of2a. c6ntract\X1ith ':the}~Cit { of: Fort . Worth. The . intentiorfal ~ I· . ,·:·Cc._ L -~!ITT' .·, ':-·'.' __ .-,•~'-~._•-i:t':', ·,--r-···1,'•''.···:1-J'~, .. •..\.~·"-·,.<;·~,: h'·'es1i _•'"•,,,.•,:· .. _,~--•,-''".'"-/ffl,' .'~fl_ ·;,)"'.·S:t,·:'-.,,;!.--,,.,,,. .... "·:;.',.~;\ ''.•, .,. ~ '•, :•--. ·-·, ··-•.: ~nct/o.r kt:19i ing mi~r~J;)'r~~-itit.a!i9 Q::o_f,:f~9!~(i~, ~f ~~9g ~a o,t _'~9,q~ifi~~Jat /~p~ot g j~q9 a1iti 9:3tio6 ~ri~ will 'res_uit:ih the bid bej ng coilsidered)10)1 .::r,espoh sj~,ftc;{bic;fsP,epifj9aJi6 n'g;J)#s·/ ,;~:J,::1·t:): ., ''t\i·.,::i)fiil · .. , -· .,:. ·--: > . ·-. M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace .is the geographic area of Tarrant , Parker , Johnson , Collin , Dallas, Denton , Ellis , Kaufman and Rockwall counties . ld'entify each Tier level. Tier is fhe ,i~vel Y'df n ~Hbci:ifj fracti ng \beloW ;ttile .:p~r ime· contractor, i.e ., a direct payment-from the prime contraqtorto i suhc o htr~cifr,rr:is '~911~/ct~,r~a ;Ys~!ti~t '.Jrpayment· by· a subcontractor to its supplier is considered 2nd tre i: -. . ';_,, ' -. ,, · ,_ · , ·; , ,: ·, -· · ,_ · · - 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 Centra l Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterpr ise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). Rev . 5/30/Vj . '. I fORTWORTH ~ ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status; i.e ., Minority , Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. SUBCONTRACTOruSUPPLIER Company Name Address Telephone/Fax LKT & Associates 1 P.O. Box 668 Melissa, TX 75454 214-544-0440 214-544-3684 Ricochet Fuel Distributors, Inc. 1201 Royal Parkway Euless, TX 76040 .. 817-268-5910 Q1 7 .?Q? .7AQ7 T i e r Fagle Aggregate Transportation, LLC 4401 N. IH 35, Ste i1 g Denton, TX 76207 940-383-0096 940-383-0097 1 Luis Moreno Truckins 6228 Wanda Lane Fort Worth, TX7614b 917-9~~=00~~ 817-535-7276 ~ Cen-Tex Seeding 1 P.O. Box 2077 Keller, TX 76244 817-306-8510 817-306-8901 Cow-Town Redi Mix 1 3401 Bethehem Fort Worth, TX76111 Certification (check one ) N C M w T B B R E E C A X X X X X _.w Q n T X M D w 0 B T E Detail Subcontracting Work -·-----...,. Detail Supplies Purchased Pipe Supplie Fuel Supply Dollar Amount $19:1, 000. $65,000. "Rock Supplie--$1 0, OOo . Hauling/Truckjng of materials Landscaping Concrete Supplier $35,000. $10,000 . $70,000. Rev. 5/30/03 ruto n'UKLH .~ ATIACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status ; i.e., Minority , Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary . Certification (check one ) SUBCONTRACTO~SUPPLIER Company Name Address Telephone/Fax i1--~-~N~-T--1 W C X Magnum Manholes Co.1 314 Kirby Stree Garland, TX 75042 214-687-2293 972-276-5316 e M r B E Sto~rn Water Solutic ns 2336 Greencrest Blvd #232 Rock~all; TX1 ,7~08 1 912-843-8224 972-843-8154 Cowtown Traffic 1 x Control 2724 Bryan Ave Fort Worth, TX7610a B T D E R 0 C T A X X Detail Subcontracting Work Manhole testinc Erosion Contro Detail Supplies Purchased Dollar Amount $15,000. $7,000. L~raffic Conto $14,732.00 Supplier Rev. 5/21/03 .. FoRT,VORTH ~ Total Dollar Amount ofM/WBE Subcontractors/Suppliers Total Dollar Amount ofNon-M/WBE Subcontractors/Suppliers $ $ ATTACHMENT 1A Page 4 of4 'fl 1. -,32.00 L 17 g, 13C/. Ot> TOT AL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 'Z, tct ~I 155 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 (I) year. Authorized Signature Printed Signature Title Contact Name/fitle (if different) ~/J -'ftjf-2,10 3 Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Rev. 5/30/03 TO: Mr. Charles Boswell City Manager Fort Worth, Texas PROPOSAL -ADDENDUM NO. 2 FOR: Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 in Fort Worth, Texas Water Project No. P253-609170043983 · Sewer Project No. P258-709170043983 DOE No. 5132 . City Project No. 00439 '--' I «..U UU .L -:J: • CJI f rg. .:J Pursuant to the foregoing ''Notice to Bidders,'' the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all li:,.bor, equipment an material s necessary to fully complete all the work as provided in the plans and specifications and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal by the City Cowicil, the bidder is bound to execute a contract and furnish Performance , Maintenance Bond, and Payment Bond approved by the City of Fort Worth for performing and completing the construction work within the time stated and for the following sum, to- w~: . Section A -Sanitary Sewer Replacement in University Dr. and Sanitary Sewer Reh11bilitation of M-134 Pay Item 1. 2. 3. 2,428 50 435 Unit LP f::IZ LF LF Name of Pay Item with Unit Price in Words **24-Inch Sanitary Sewer Rehabilitation (cipp or Approved Equal), DA-2, DA-4; Per L~ar Foot@ Fo -v rlt6G Hv.AIO,U4 '-1 fiJ~ ~r.!._71"$7~ #wl?#t ~ ..-Do!l~(S AQ9&! D Cents Per Unit *24-inch Sanitary Sewer Point Repairs, All Depths, DA-2; Per Linear Foot @ ~IJ ~ h_unJritJ Dona,s A.ml A,l.O ~ts Per Unit *8 -inch Pressure Class 350 Ductile Iron Sanitary Sewer Pipe with Protecto 401 Interior Liner and Polyethylene Encasement, by Open Cut; Per Linear Foot @ QAJf ~u l'tJ rd.-tt,rl!a Bollars An~~-Cents Per Unit B -1R2 Unit Bid Price 340 - ~~- fj. ti/a' - -~L.3 0 Amount Bid 8:is.s:u -. J -Y, ,-H f , /(,,If, F..ft. ~ ~ {)()<l- ~5'-l >g) *, n Contractor must complete City approved product and approved method form on page B-6R2 Pay Item 4. 5. 6. 7. 8 . 9. 10 . 11. Estimated Unit Quanti 776 LF 97 LF 4 EA 7 EA 1 EA 2 EA 18 VF 14 EA Name of Pay Item with Unit Price in Words *8-inch PVC Sanitary Sewer Pipe , by Open Cut; Per Linear Foot @ (),._,, It undr~d_ 'fhlr 4 -Do llar s A n d ,,vo Cents Per Unit *6-inch PVC Sanitary Sewer Pipe (Service Line), by Open Cut, Per Linear Foot@ ~~J ~ /J. ~ntl/'t'cl M,r&t. -Do llars A nd ;CJ o r -ents Per Unit Shallow Cone Sanitary Sewer Manhole, D-27; Per Each@ p tie 6. und_r~d -e o ll a rs A n d 1(,,1 tJ Cents Pe r Unit Std . 4-Foot Diameter Sanitary Sewer Manhole, to 6' deep, D-27; Per Each@ /Wt. fltovunp/ live lw11lr~d Do llars And v o Ce nts Pe r Unit Modified Type "A" 5-Foot Diameter Sanitary Sewer Manhole, to 6' deep, D-27; Per Each@ rw Q ftt1tts fi1t.d Sell a rs _, A nd A/0 r Cents Pe r Unit Std. 4-Foot Diameter Drop Manhole, to 6' deep, D-27; Per Each@ ooe_ #tOtf Pl!.t!.. h~ h~n,lddDollars A ndt/P-Cents Per Unit Added Depth for Sanitary Sewer Manholes Greater than 6' Deep, D -27; Per Vertical Foot @ . (2.ll t_ 6..wnir~ c:I -eallars And (,/0 Cent s Pe r Un it Concrete Collar for Manhole, D-27; Per Each @ rv.Ju~ -r;)ellars A nd ~Q. Cents PeT Unit B-2R2 Unit Bid Price $ /30 - -$/30 ., $ 5VO $ /, 5bD $C,OCO ., SL 500 $l00- -$ rzo - . Amount Bid $loo~ i~D--- ... $1Zt fol o $2te:,co . $l°iq;Q - , $1-,<Xi) $1, ooo - $1.foo ,. $ '2@' *, ** Contractor must complete City approved product and approved method form on page B-6R2 - - - - - Pay Item 12. 13 . 14. 15. 16 . 17 . 18 . 19 . 13 38 3 1,263 3 5 10 2,061 Unit EA VF EA LF EA EA EA LF Name of Pay Item with Unit Price in Words Manhole Inserts for Manhole, D-27; Per Each @ Twenht nollars And AJ Q ~ents Per Unit Interior Manhole Protective Coating, DA-11, DA-14 or DA-15 ; Per Vertical Foot@ o,..,e hu.t:1dr8d. -Elollars And 6,!_0 ee,rts Per Unit Sanitary Sewer Service Cleanouts, D-61 ; Per Each@ (Y.Je hu11dred -Dollars And ,v~ Cents Per Unit Site Specific Trench Safety System, D-26 ; Per Linear Foot @ TeV\ n ollars And u Q Gents Per Unit Connect to Existing Sanitary Sewer Manhole, D -29 ; Per Each @ Turf. .P '1 Y. t1. d I' aJ -Dollars AndNv 6ents Per Unit Remove Existing Sanitary Sewer Manhole , D- 29; Per Each @ D1<.Je V\.\,l""-[f.2J. -Dollars And µ0 ~ nts Per Unit Abandon Existing Sanitary Sewer Manhole, DA-120, Per Each@ cue_ k,.01~ (' .f J Sollars And~LQ -6efltS Per Unit Grout 8-inch Sanitary Sewer Line with Flowable Fill, D-108; Per Linear Foot@ oue -Dollars === And AJ o '"'ents Pe r Uni t B-3R2 Unit Bid Price $ w- $ loo ,,.- ---$ I@ $ (D ,,. $30o ,.. $Ill),.. $ /(i) ,.., -$ I Amount Bid $ 2bD - $~gt>o' $3l>O - $fZ.. 1,.30 . ' $ ra::i .... $ S'i)D , $ Ii 006 - $ ~ Obl_ *, ** Contractor must complete City approved product and approved method form on page B-6R2 - Pay Item 20 . 21. 22. 23. 24. 25. 26. Estimated Unit Quanti 4,588 LF 3,377 LF 13 ·EA 115 LF 1145 LF 1,316 LF 100 LF Name of Pay Item with Unit Price in Words Pre-Construction Television Inspection of 8- inch and 24-inch Sanitary Sewer Lines, D-35; Per Linear Foot @ 0t0e_ ~ollars And AJ ~ Lents Per Unit Post-Construction Television Inspection of 8- inch and 24-inch Sanitary Sewer Lines, D-38; Per Linear Foot @ l'\U e Dollars And Iv 0 -EieAts. Per Unit Vacuum Testing of Sanitary Sewer Manholes, D-36; Per Each@ 0Ne. "'-ut1d~~ Bollars And AJo Cents • Per Unit Permanent HMAC Pavement and Non- Reinforced Concrete Base Repair per Fig . 2000-lA, Per Linear Foot @ 'for+:i Dollars And,v o --Gents Per Unit Permanent Asphalt Pavement Repair with Reinforced Concrete Base per Fig. 2000-lB, Per Linear Foot @ <tn'ef:tt Dollars And,Vu -Cents Per Unit Flowable Fill in Lieu of typical trench back fill, DA-108; Per Linear Foot@ 'RN -,. llars And JJ~ -GeAti. Per Unit Concrete Curb and Gutter Replacement, DA- 24; Per Square Yard@ Tw,~:bi-i'i i.! ~ ·-Bellars And t-J c Cents Per Unrt B-4R2 Unit Bid Price $ 1"" $ / ,/ ,.. $l 00 ,.. $ t/-0 ,... $ iu ${0 ,.. ,.. $ 'ZS Amount Bid $</,s~- . $3,377 $(300 - $({ ~00 ,. -$ti{; {PO $l 3. I ~O _,, -$ 1.l SW *, ** Contractor must complete City approved product and approved method form on page B-6R2 'I'· Pay Item 27. 2 8. 29 . 30 . 31. 32. 33. Estimated Unit Quan ti 100 SY 30 SY 4 EA 1,000 CY 1,000 CY 1 LS 1 LS SUBTOTAL -SECTION A Name of Pay Item with Unit Price in Word s Concrete Sidewalk and Driveway Replacement , D -20 ; Per Square Yard@ S {b Do llars And...UO Ce nts Pe r Unit Hydromulch Seeding, D-45 ; Per Square Yard @ Te,v ~ Dollars And A.J = -eents Per Unit Exploratory E xcavation (D-Hole), D-51 ; Per Each@ Dv IL. V\.LAV'l.A('~cl -Dollars And /v ~ -eents Per Unit Potentially Petroleum Contaminated Material Handling , DA-37 ; Per Cubic Yard@ 'th.if€.€ -Dollars An d }..)~ ----Cents Per Unit Loading , Transportation, and Disposal of Contaminated Soil, DA-38; Per Cubic Yard@ ~va.. -t>ollars And /00 -ee11ts Pe r Unit Traffic Control, Sheets 31,32 and 33 of Plans, D-8, Per Lump Sum@ C)~e.. ~1,ul(R.l #c'.>l..{tQi-t..J.__Do llars And O u -ee11ts - Per Unit Storm Water Pollution Prevention Implementation, Per Lump Sum @ b f±:-:, -1it o '-' 5~ U J__ --Do llars And /:J o --Cems Per Un it Unit Bid Price -$ SD $/'D ,_ $ (00 - ,... $ ~ ,- $5 $ Loo, ooo - $Sq OO <J I ,, Amount Bid $ ~ ooD- $ 50b - $ 4Dt::, ,_ - $ s. co o I ~ -$ ':::>, t:>~~ -$ l tl~, ~a ~ $ ~o,<::ia~ /, zeo.e,1~ - / f;rt $ /, '~]f; f S<o B-5R2 *, ** Contractor must complete City approved product and approved method form on page B-6R2 ~- - PROPOSAL CITY APPROVED PRODUCT FORM *CONTRACTOR SHLL SELECT TYPE OF PIPE TO BE USED: STANDARD SPECIFICATION NO. PIPE SIZE El-31 4" thru 30" J-i\ t},AN[. El-25 4" thru 15" ~l/tMdN ~ El-27 4" thru 15" ~IAMo'1f~ El-28 4" thru 27" t)l4MIN~ El00-2 4" thru 48" Consult the "City of Fort Worth, Texas standard Product List" to obtain the Genericffrade Name and the Manufacture for the pipes listed above. · Failure to provide the information required above may result in rejection of bid as non-responsive. Only products or methods listed above will be allowed for use in this project. Any substitution shall result in rejection of bid as non-responsive. **CONTRACTOR TO INDICATE TRENCHLESS METHOD, IDENTIFY APPROVED LINER PROCESS, AND PROVIDE NAME OF CONTRACTOR FOR INSTALLATION: / Cured-in-Place Pipe (CIPP) ) NL l AJ S.Q.. LJ~A I !.A.H .. \JJG \< \) ~A (Approved CIPP Liners: Insituform; National Liner [Demo Purpose only]; And Inliner) Fo ld a nd Form Pipe (FAFP) (Approved FAFP Liner: U-Liner) Approved CIPP Liner Name of Contractor for Installation Approved CIPP Liner Name of Contractor for Installation B -6R2 *, ** Contractor must complete City approved product and approved method form on page B-6R2 - - - - - - · · St!ction B -1 6-inc h Water Line Replacement in Vickery Blvd. and University Dr. and Arborlawn · 16-inch Water Line Pay Estimated Unit Item Quan ti 1. 1,258 LF 2 . 449 LF 3. 499 LF 4 . 34 LF 5. 15 LF 6 . 35 LF Name of Pay Item with Unit Price in Words 16-inch Pressure Class 250 DI Water Pipe by Open Cut (All Depths) with backfill per item D-24 @ id TL,Jo kv.'atr h~ --Bollars And ND Cents Per Unit 16 -inch Pressure Class 250 DI Water Pipe by Other than Open Cut w/30" Steel Casing and Stainless Steel Spacers per Item DA-6 @ 5t'f._ hundred -Dollars And Vo -Cents Per Unit 12 -inch Pressure Class 350 DI Water Pipe by Open Cut (All Depths) with backfill per itemD-24@ t>lv~ h1.1nJr~ -h .f:tt, -Dollars AnQ(.(lO Cents Per Unit 12-inch Pressure Class 350 DI Water Pipe by Other than Open Cut w/30" Steel Casing and Stainless Steel Spacers per Item DA-6 @ ~x hfi.n)rd --Dollars And,1LQ -Cents Per Unit 8-inch Pressure Class 35 0 DI Water Pipe by Open Cut (All Depths) with backfill per item D-24@ t5J;tl /Jv11d(-q' fh1rq -Dollars And ,VQ GeHts Per Unit 6-inch PVC C-900 DR -14 Water Pipe by Open Cut (All Depths) with Backfill per Item D-24 @ <2!Utl h l.(Jtdr~cl fdrA( ~ Dollars And .,,Vu -Gents Per Unit B -7R2 > Unit Bid Price -$ "2~"'0 $l:,QQ - -$ (Sl) $~00 - $ 130 - $ l 3>() - Amount Bid $3>1~, SZ>D !2kR. 'I.. C>D ' $7'1, 8s'"b $W,'t00 $(. <tSZ) - - $lf, ~Sl) Pay Item 7. 8. 9. 10. 11. 12. 13. 14. Estimated Unit Quanti 7 EA 4 EA 1 EA 1 EA 1 EA 2 EA 1 EA 2 EA Name of Pay Item with Unit Price in Words 16-inch Resilient Seat Gate Valve with Vault Re: 4/27@ [ive .Afo~5~~el -Dollars And yo -eents Per Unit 12 -inch Resilient Seat Gate Valve with Box Re: 3/27 @ ffeo ~OIL-.5u1t~ -:Bollars And~c, --Cents Per Unit 8-inch Resilient Seat Gate Valve with Box Re: 3/27 @ /)l()e -/do "~ 41te/ E>ollars And ,t,o Cents Per Unit 6-inch Resilient Seat Gate Valve with Box Re : 3/26@ ;::{t/L lz Vttdrl' d -Dollars I And ,Vo Cents Per Unit 2-inch Combination Air Release and Vacuum Valve with Vault@ &,, o ftt'ou5 tt,t. ,I Dollars And ,V 0 Cents Per Unit 6-inch Blow Off Valve and Vault@ hf!fi--;t_ o ~ .$4 ~~ Dollars And,(,'& ,...-) Cents Per Unit 2 -inch Service Tap to Main @ 7{t,/,e /zund/'ecl --Uollars And,,(/0 -Cents Per Unit 1-inch Service Tap to Main @ 7Ar.e.L. ~ u,i_dr~c/ -nollars And If/ o -bli:Rts Per Unit B-8R2 Unit Bid Price $ s; ooo - $ '?'?{)() - $/c>oo,.... $ SZ>c:> -- $2600 ,. $ Y, 00 ()_--- $ 50() .-- $3t}O - Amount Bid $3<; ODO, - $~ CPO , $ I, 00 () $ _52)0 - , $ "l...1 00() $~ODO $500 - $ (?()0 - i · Pay Estim ated Unit Item Quanti 15. 10 LF - 16 . 5.6 TN 17 . 12 EA 18. 1 LS 19 . l _,802 LF 20 . 5 EA 21. 617 LF 22. 135 LF - 23. 470 LF Name of Pay Item with Unit Price in Words 2-inch Type K Copper Water Service Line to Meter Per Item D-52 .7@ @~&; uollars And /VO ~ Cents Per Unit Ductile Iron Pipe Fittings @ OAJR -!Po~ £(<tu:! -flollars And /VO ..--Lents Per Unit Exploratory Excavation (D-Hole ), D-51 @ (),{/(! / u,rdl"Qd -Bollars And J,<J ~ Cents Per Unit 2-inch Temporary Water Service, D-52.8"@ 1Zvo ~ousa1r/ Bollars And JL_o Cents Per Unit Site Specific Trench Safety System per Item D-26@ {(AJ.eJ/ t:?. -Dollars And /(/0 -Cents Per Unit Cut and Plug Existing Water Mains @ @,~~ AvA~/'~c£ Dollars And PO_. _Gents Per Unit Abandon Existing 16-inch Water Main @ OA.I~ Dollars Andµ,,-b@At8 I Per Unit Abandon Existing 8-inch Water Main@ ~~ BoHars And~() -€ents Per Unit HMAC Pavement Repair, per Figure 2000-lB @ ~& ~llars And Nd.---eents Per Unit B -9R2 Unit Bid Price $ ro/ $~ {)00 ,. JCO ,. $ Z:ooo ,,..- $ w- $ J,t;t) .- ,- $ L ,. $ I $Yo. Amount Bid ,.. $<(00 $~bOD ,.,.. $(, 2PO / ~ $2,ooo $3", Dl,lt) .. ' ~Sl>D ...... - $ lo/7 -$l3S- ., $1(._S{)D Pay Estimated Unit Item Quan ti 24. 130 SY 25. 215 LF 26 . 27 0 SY 27 . 1 EA 28 . 425 LF 29 . 425 SY 30. 100 CY 31. 100 CY Name of Pay Item with Unit Price in Words Concrete Pavement Repair per figure 2000-2 @ 1btlhrfrve Dollars And /.Jc:> ~-rents Per Unit Concrete Curb & Gutter Replacement, per Item DA-24@ Tw4,.-h,-{tv t Della-rs And I.JO Cents Per Unit Concrete Sidewalk and Driveway Replacement, per Item D-20@ 11J.t~& Do ll ars And.PO Cents Per Unit Concrete Ramp Replacement, per Item DA-33@ 'hlj_(l tun/fRJ Do llars An d fl l> -r ents Per U nit Top Soil placed to 6-inch D epth, per Item D -45@ 01JQ -Bo ll ars And AJ .:J -Cents Per Unit Hydromulch Seeding per Item D -45 @ DIV(}__ Dollars And .,,,u" -Cents Per Unit Potentially Petroleum Contaminated Material Handling, per Item DA-37@ fl,.~~L -fiollars And ,v c) -Cents Per Unit Loading, Transportation, and Disposal of Contaminated Soil per Item DA -38@ .,:::; ~.L BoHars Ann.Pc> -Cents PerUmt B -10R2 Unit Bid Price $~-- _,,...- $~ $Jo - $_54) ...... -$I -$1 $3 - --$> - Amount Bid $~..s.fD is; 375 $~/00 . - - ,... $5?)0 -$ </zS° $ vi-s- i?a?- $=00- ,, i = Pay Estimated Unit Item Quan ti 32 . 4 EA 33. 20 EA -34 . 1 LS 35 . 3 EA 36 . 817 LF 3 7 . 61 7 LF - 38 . 135 LF 39 . 1 EA Name of Pay Item with Unit Price in Words Hydrocarbon Resistant Gaskets for 16-Inch Water Main@ T\.ue vi +:tt Dollars And~c) ..---Cents Per Unit Hydrocarbon Resistant Gaskets for 12-inch Water Main@ (-eN Dollars And~~ Gems • Per Unit Traffic Control, Sheets 34, 35 and 36 of Plans , D-8@ Seva-+-, ~ f:tv R.. i-t..1J0.so.n ~ Dollars And f-) D Cents Per Unit Remove Existing Gate Valve and D elivery to City@ ,i..('.f~ ~ ~,,cf r.2d Bollars And !J D Gents Per Unit Flowable Fill in Lieu of Typical Trench Backfill , DA-108 Per Linear Foot of Pipe@ (Rt--1 Dollars And,..o o Cents Per Unit Grout 16 -inch Water Line to be Ab andoned with Flowable Fill, DA -108@ Q/J (l_ ~ u ollars Andt!_ o -Eents Per Unit Grout 8-inch Water Line to be Abandoned with Flowable Fill , DA -108@ OtJe. -Boilars And Ne>--Eents Per Unit Standard Fire Hydrant Re : 5/28 @ 0t::i jL iCtN>ecM Bel-lars And P~ -c~uts Per Unit B -11R2 Unit Bid Price $#~ - ,.- $ /0 $7[~ttJ - ,,... $ '?>C() ,,...- ~ /0 -~I -~I $~~0 - > Amount Bid .- $ ~t' $ -Z-oO - $ ~OD() ..... $ 900 ..... ~ f; /7() - $ fo/7- -~L35 __., $l pt)v - 'Pay Item 40. 41. 42 . 3 20 2 Unit VF LF EA SUBTOTAL -SECTION B T OTALS SUBTOTAL -SECTION A SUBTOTAL -SECTION B T OT AL (SECTION S A & B) Name of Pay Item with Unit Price in Words Fire Hydrant Extension @ Unit Bid Price Amount Bid DIJi bundrPd--Dollars / -$100 $ 2/.1) And J.J'D Cents Per Unit 1-inch Type K Copper Water Service Main to / -(D $ 2()0 Plastic Meter Box @ (i?N And~O - Plastic Meter Box @ (e.fJ And ,VO ' - B -12R2 $ uollars Geets Per Unit $ ,o.,. $ ,w- Dollars Cents Per Unit /, Z80, ~l/, - IJ.. s /, Lfff; KSG. O e $ 9('-i/39. tJO r,.t.. s 4 ~;~ 99s;otJ z. \C\'-\-,155-- t List of Ductile Iron Fittings for Section B: Quantity of Fittings Size of Fitting Type of Fitting 5 16-inch MJTee 2 16-inch x 12-inch MJTee 1 12-inch x 8-inch MJTee 1 16-inch x 6-inch MJTee 1 16-inch x 14-inch MJ Reducer 3 16-inch x 12-inch MJ Reducer 1 12-inch x 8-inch MJ Reducer 5 16-inch 45-degree Bend 4 12-inch 45 degree Bend 5 12-inch 22.5 degree Bend 2 16-inch Solid Sleeve 3 12-inch Solid Sleeve 1 8-inch Solid Sleeve 6 16-inch Plug 1 12-inch Plug 1 8-inch Plug -Total Weight _...;...\ , ........ -=l..._(, o=-----lbs. ( s-: s "°!> - B -13R2 ..... Weight per Fittin (lbs. {,,,~ ~qo ?,t/0 5yo ~")5 3oS ,~s ~L/ C 'Z t c.,. ·, .. :z.o ,,o 7 le, q.(p er~ Gr ) Co Tons) Total Weight (lbs. ~'Z'.:?0 1 l 'BO "<::, 'I-0 5'-f ~ ">3S q,5 ( G;, s (,7b0 ~lnO I ro D 1:>'-/ D 7...2~ 4-(p 558 Cc1 ~Cc. - PROPOSAL Within ten (10) days of notification by City, the undersigned will execute the formal contract and deliver an approved Surety Bond and such other bonds as required by the Contract ~uments, for the faithful performance of this Contract. The attached bid security in the amount of$ ..5 foof1>1tl ~,ll'T'J to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder verified 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. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing of referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. The bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 120 calendar days as set forth in the written work order to be furnished by the Owner. The work order will be issued no later than 90 days after the award of the contract. A. The principal place of business of our company is in the State of __________ --'- Non-resident bidders in the State of , our principal place of business , are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of _______ , our principal place of business, are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: Addendum No. 1 (initials) .,q.. Addendum No. 2 (initials) _a _ Addendum No. 3 (initials) ____ _ (SEAL) if Bidder is Corporation Date: Jq7f B -14R Resp~//CL By: £12/ffA,IJC e~µOA Name: {)ft#:/!f,vcv:rClAJrPVW 6 Title: II, ce Pr~.11/~11::-r A~ss: '>U:f3ttvt O L.,,_,t L- ,1:r!JJ. p/u__, 7/-: 7k yf, ~ Telephone: 0 7 -t{'f!,.1 Jo 1 ,., ; . t , ;. 11 ", "' " : ,·· < ' •' ' ., ., 'If 1 ,.t-,, '· •, • PARTC '. " Cl-1 Cl-1.1 Cl-1.2 C 1-1.3 Cl-1.4 Cl-1.5 Cl-1.6 Cl-1.7 C 1-1.8 Cl-1.9 Cl-1.10 Cl-1.11 Cl-1.12 Cl-1.13 Cl-1.14 Cl-1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl-1.19 Cl-1.20 C 1-1.21 C 1-1.22 Cl-1.23 C 1-1.24 Cl-1.25 Cl-1.26 Cl-1.27 Cl-1.28 C 1-1.29 Cl-1.30 Cl-1.31 Cl-1.32 PART C -GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bonds Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Days Legal Holidays Abbreviations Change Order Paved Streets and Alleys Unpaved Streets or Alleys City Street Roadway Gravel Street Cl-1 (1) Cl-1 (1) Cl-1 (2) Cl-1 (2) Cl-1(2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) C 1-1 (3) Cl-1 (3) Cl-1 (3) C 1-1 (3) C 1-1 (3) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (5) Cl-1 (5) Cl-1 (6) Cl-1 (6) Cl-1 (6) C 1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2. l C2-2 .2 C2-2 .3 C2-2.4 C2-2.5 Proposal Form Interpretation of Quantities Examination of Contract Documents and Site of Project Submitting of Proposal Rejection of Proposals (1) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (2) C2-2 (3) C2-2.6 C2-2.7 C2-2 .8 C2-2.9 C2-2.10 C2-2 . l l C2-2.12 C3-3 C3-3. l C3-3 .2 C3-3 .3 C3 -3.4 C3-3.5 C3-3 .6 C3-3.7 C3-3 .8 C3-3 .9 C-3-3 .10 C3-3 . l l C3-3 .12 C3-3. l3 C3-3 .14 C3-3 .l5 C4-4 C4-4. l C4-4 .2 C4-4 .3 C4-4.4 C4-4 .5 C4-4 .6 C4-4 .7 CS-5 C5-5. l CS-5.2 CS-5.3 CS-5.4 CS-5 .5 CS-5.6 CS-5.7 C5-5.8 Bid Security Delivery of Proposal Withdrawing Proposals Telegraphic Modifications of Proposals Public Opening of Proposal Irregular Proposals Di squalification of Bidders AW ARD AND EXECUTION OF DOCUMENTS : Consideration of Proposals Minority Business Enterprise/Women Business Enterprise Compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payrolls Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operation Progress Schedules for Water and Sewer Plant Facilities CONTROL OF WORK AND MATERIALS Authority of Engineer Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectification Work Field Office Construction Stakes Authority and Duties of City Inspector (2) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (3) C2-2(4) C2-2 (4) C2-2(4) C3-3 (1) C3-3 (1) C3-3 (1) C3 -3 (1) C3 -3 (2) C3-3 (2) C3-3 (2) C3-3 (3) C3-3 (3) C3-3 (4) C3-3 (4) C3-3 (6) C3-3 (6) C3-3 (6) C3 -3 (7) C4-4 (l) C4-4 (l) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 (4) C5-5 (l) C5-5 (1) C5-5 (l) C5-5 (2) C5-5 (2) CS-5 (3) CS-5 (3) C5-5 (3) t , '1 C5-5.9 C5-5. l 0 C5-5. l l C5-5.12 C5-5.13 C5-5.14 C5-5.15 C5-5.16 C5-5. l 7 C5-5. l 8 C6-6 C6-6.l C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6 .6 C6-6.7 C6-6.8 C6-6.9 C6-6 .10 C6 .6. l l C6-6.12 C6-6.13 C6-6 .14 C6-6.15 C6-6.16 C6-6. l 7 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7. l C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7 .8 C7-7.9 Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities [nterruption of Service . Mutual Responsibility of Contractors Cl ean-Up Final Inspection LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices , Materials , and Processes Sanitary Provisions Public Safety and Convenience Privileges f Contractor in Streets, Alleys, and Right-of-Way C5-5 (4) C5-5 (4) C5-5 (4) C5-5 (5) C5-5 (5) C5-5 (5) C5-5 (6) C5-5 (7) C5-5 (7) C5-5 (8) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (3) Railway Crossings · C6-6 (3) Barricades, Warnings and Flagmen C6-6 (3) Use of Explosives, Drop Weight, Etc. C6-6 (4) Work Within Easements C6-6 (5) Independent Contractor C6-6 (6) Contractor's Responsibility for Damage Claims C6-6 (6) Contractor's Claim for Damages C6-6 (8) Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) Temporary Sewer and Drain Connections C6-6 (8) Arrangement and Charges for Water Furnished by the City C6-6 (9) Use of a Section or Portion of the Work C6-6 (9) Contractor's Responsibility for the Work C6-6 (9) No Waiver of Legal Rights C6-6 (9) Personal Liability of Public Officials C6-6 (10) State Sales Tax C6-6 (10) PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of The Work Limitation of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time Completion Delays (3) C7-7 (1) C7-7 (1) C7-7 (1) C7-7(2) C7-7(2) C7-7(3) C7-7 (3) "C7-7(3) C7-7 (4) l\ "' C7-7.10 Time of Completion C7-7 (4) C7-7.l l 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.l 7 Safety Methods and Practices C7-7 (11) ., ,; C8-8 MEASUREMENT AND PAYMENT C8-8. l Measurement Of Quantities C8-8 (1) C8-8 .2 Unit Prices C8-8 (l) C8-8 .3 Lump Sum C8-8 (1) w 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) C8-8.1 l Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8 .13 Record Documents C8-8 (4) (4) PART C-GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS C 1-1.1 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: Cl-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 PART B -PROPOSAL PART C-GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS /EASEMENTS PART F-BONDS PART G-CONTRACT (Sample) (Sample) (CITY) (Developer) (Sample) (Sample) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue White 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) Cl -1 (1) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furni shed dir ect to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C 1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perforn1 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 publicl y opened and read and not rejected by the Owner. C 1-1.5 BIDDER: Any person, persons , firm, partnership , company, association, corporation , acting directly or through a dul y authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. Cl-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 .. Cl-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. Cl-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 the y were embodied therein . Cl-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 th e 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) Cl-1 (2) - - .... ,.. C 1-1.10 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 . C 1-1 .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. Cl-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. Cl-1.13 CITY COUNCIL : The duly elected and qualified governing body of the City of Fort Worth, Texas. C 1-1 .14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas . C 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative . C 1-1.17 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. Cl-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. Cl-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 . C 1-1 .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 directly or through a duly authorized representative . A sub-contractor is a person, firm , Cl-1 (3) corporation, supplying labor and materials or only labor, for the work at the site of the project. C 1-1.21 SURE TIES : 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 fulfillme nt of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C 1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor, materials, tools , equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 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 Cl-1.24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being exce pted. Cl-1.25 : LEGAL HOLIDAYS: Legal holiday s shall be observed as prescribed by th e City Council of the City of Fort Worth for observance by City employees as follows: 1. 2. 3. 4 . 5. 6. 7 . 8. 9. New Year's day M.L. King, Jr. Birthday Memorial Day Indepe ndence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Forth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. Cl-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: Cl-1 (4) '• -- - -- 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 LO. Inside Diameter ASA American Standards Association 0.0. 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. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface : 1. 2 . 3 . 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. Brick, with or without separate base material. Concrete, with or without separate base material. Any combination of the above. Cl-1 (5) Cl-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." C 1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated . Cl-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. C 1-1.32 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. Cl-I (6) t \ ,. - - ' ,- SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form , which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested . The Proposal form will state the Bidder 's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record ," "Equipment Schedule ," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids . The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and 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 ( l 0) 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 invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2(1) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT : Bidders are advised that th e 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 th e 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 which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed . The logs of Soil Borings , if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals , the price most advantageous to the City shall govern. If a proposal is submitted by an individual , his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership , the name and address of each member of the firm , association , or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given , and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2(2) - of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures , additions not called for, conditional or uncalled for alternate bids , erasures , or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids . C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless 1t 1s delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals . After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further , that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2(3) C2-2. l0 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders ." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representati ves are invited to be present for the opening of bids. C2-2. ll 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 wai ve d . C2-2 .12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make . g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: l. Financial Statement showing the financial condition of the bidder as specified in Part "A " -Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(4) : - - -- PART C -GEN ERAL CONDITIONS CJ -3 AW ARD AND EXECUTION OF DOCUMENTS SECTION CJ-3 AWARD AND EXECUTION OF DO C UMENTS: CJ-3 .1 CONSIDERATION OF PROPOSALS : After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted pric e s, the quantitie s shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents . The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid . Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals , or to proceed with the work in any manner as may be considered for the best interest of the Owner. CJ-3 .2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE . Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements ; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six ( 6) months . CJ-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. CJ-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. CJ -3 (1) C 3-3.5 A WARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five ( 45) days after the date of opening proposals , and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee . The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor , materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond , in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) ,-. d. 5160 , Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 , Acts 56th Legislature, Regular Session, 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent · on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas , and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT : Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file w ith 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 A ward. 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 .l 1 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. C. COMPREHENSIVE GENERAL LIABILITY INSURANCE : The Contractor Shall procure and shall maintain during the life of this contract , Comprehensive General Liability Insurance (Public Liability arid 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. 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) - d. e. .... f. ,-. - g. ,- 2. 3 . 4. 5. 6. Blasting, prior to any blasting being done . Collapse of buildings or structures adjacent to excavation ill excavation are performed adjacent to same). Damage to underground utilities for $500,000 . Builder's risk (where above-ground structures are involved). Contractual Liability ( covers all indemnification requirements of Contract). AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount .not less than $100,000. SCOPE OF INSURANCE AND SPECIAL HAZARD: The msurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this. contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached .) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations . LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) 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 CC?ntractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, . whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office ( or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material , labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all C3-3 (6) -- - ~-- appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and ( surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas . C3-3 (7) SECTION C4-4 SCOPE OF WORK PART C-GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4 . l INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete , useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents , shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents , furnish all labor , tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4 -4 .2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated , or should there be any additional proposed work which is not covered by these Contract Documents , the "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein . C4-4.3 INCREASED OR DECREASED 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 o r 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 mo~t satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work . The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work , or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon 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 thi s 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 o f 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) ,.. - 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 con struction 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 di vided 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. 3. Shop fabrication and delivery . C4-4 ( 4) 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. C4-4 (5) \ ', ,- PART C -GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MATERIALS SECTION CS-5 CONTROL OF WORK AND MATERIALS CS-5.1 AUTHORITY OF ENGIN EER: The work shall be performed to the satisfaction o f the Engineer and in strict compliance with the Contract Documents. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work , overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents , supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor 's means, methods , techniques , sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor 's failure to perform the work in accordance with the contract documents . The Engineer shall determine the amount and quality of the work completed and materials furnished , and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters , the Engineer must, within a reasonable time , upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. CS-5 .2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines , grades , cross-sections, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5 .3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections , which, taken together , are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies , figured dimension shall govern over scaled dimensions , plans shall govern over specifications , special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in CS-5 (1) the Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy , he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings , specifications , or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times , one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives . Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the 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-d ay or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions, or correction necessary to conform with the requirements of the project specifications or plans , the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) .. - - - - ,- discrepant condition and request the Contractor to take remedial action to correct th e condition. ln the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action , within 24 hours , the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25 %, from any funds due the Contractor on the project. C5-5 .6 FIELD OFFIC E : The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engine er , if specifically called for. The field office shall be not less than l O x 14 feet in floor area, substantially constructed , well heated , air conditioned, lighted , and weather proof, so that documents will not be damaged by the elements . C5-5 .7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all -lines, grades , and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines , grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice . These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay . Such stakes or markings as may be established for Contractor 's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25 % will be charged against the Contractor, and the full amount will be deducted from payment _due the Contractor. · C5-5 .8 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 Contract Documents. The City Inspector will in no case act as superintendent or C5 -5 (3) 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 Controvers y. 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, re.move 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 replacin g of the co vering 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 remo ving 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 DEFECTIVE AND UNAUTHORIZED WORK: All work, materials , or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense . Work done beyond the lines and grades given or as shown on the plans , except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5. l l 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 us e a proposed substitute, he shall, prior to the preconstruction conference , make writte n 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 capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance C5-5 (4) - - - -- service . No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. CS-5.12 SAMPLES AND TESTS OF MATERIALS: Where , in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary , such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided . The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified , will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete , the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents . Tests shall be made at least 9 days prior to the placing of concrete , using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5.13 STORAGE OF MATERIALS : All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard , clean durable surfaces and not on the ground , and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5 .14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities . The location of many gas mains , water mains, conduits, sewer lines and service lines for all utilities , etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered CS-5 (5) @~~lt Jil ~~C©~g CIYW ~gt~~W\~V n. w©~rn. r~,t sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works , provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines . Verification of existing utilities , structures, and service lines shall include notification of all utility companies at least forty-eight ( 48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. CS-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 doo r knob . The tag shall be durable in composition, and in large bold letters shall say: CS-5 (6) ;• ( "NOTICE" Due to Utility Improvement in your neighborhood , your (water) (sewer) service will be interrupted on ____ _ between th e hours of and ---- This inconvenience will be as short as possible . Thank You, Contractor Address Phone b . Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above , but immediate. CS-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 Contract9 r, who shall indemnify and save harmless the owner against any such claim. CS-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 th e Contractor in the written notice , and the costs of such direct action , plus 25 % of such costs , shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents , and before final acceptance and final payment will be made , the Contractor shall clean and remove from the site of the project all surplus and discarded materials , temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for an y clean-up required on the project. CS-5 (7) . - CS-5 .18 FINAL INSPECTION : Whenever the work provided for in and contemplated under the Contract Documents has been sati sfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification . After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work . C5-5 (8) PART C-GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design . It is mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) ., .. the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with . C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used , and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to mainta in at all times all phases of his work in such a manner as not to impair the safety or con venience 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) The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS : When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary . Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under C6-6(3) construction or being maintained . The Contractor shall furnish watclunen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage . All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27 , 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. · The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watclunen 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 watclunen 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 watclunen, 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 C6-6(4) of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Conditions Documents, or the use o f explosives is requested , the Contractor shall submit notice to th e Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives . C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through , or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work. Any additional rights-of- way or work area considered necessary by the Contractor shall be provided by him at his expense . Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise , the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the _work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to , all tres s, 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 pri v ate 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 , o,r other, either as owners or occupants , whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any . act , omission , neglect , or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect , or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done , by repairing , rebuilding , or otherwise C6 -6(5) replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing , either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits , before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal , temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore , no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may , upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results , 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, anq employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons , of whatsoever kind or character, whether real or asserted , arising out of or in connection with , directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers , agents , employees , contractors , subcontractors, licensees or invitees , whether or not caused, in whole or in apart , by alleged negligence on the part of officers, agents, employees , contractors , subcontractors , licensees or invitees of the C6-6(6) Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss , and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted , arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents , employees , contractors, subcontractors, licensees or invitees , whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors , licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers , agents, employees , contractors , subcontractors, licensees, or invitees of the Owner . In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed . If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made . If condition (2) above is met at any time within the six month period , the Director may recommend that final payment to the Contractor be made . At the expiration of the six month period, the C6-6(7) r 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 tq all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor 's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages . C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC .: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repa.irs to the property that may be necessary by the performance of this Contract. C6-6. l 5 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost , provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs , pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage , and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6(8) C6-6.16 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-l .2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the · provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor. at his expense. C6-6. l 8 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach _or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6(9) , C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax , said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011 , and any other applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20 .04 (H) of the Texas Limited Sales, Excise , and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Texas Limited Sales, Excise , and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX C6-6(10) PART C-GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.l SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject tot he same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT : The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary 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. 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 availab le . The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use. C7-7(2) C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in C 1-1.23 "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 cm 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 will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes, or delays of sub-contractors due to such causes. C7-7(3) When the date of completion is based on a calendar day bid , a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents , then the contract time mat be increased by Change Order. C7-7 .9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct , shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work , then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council : and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal , the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents . The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents , will be deducted from the monies due the Contractor, not as a penalty , but as liquidated damages suffered by the Owner. C7-7(4) 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 $ l 00 ,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. l l SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible . C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way , and he shall take every precaution to prevent damage or deterioration of the work performed ; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7 .8 EXTENSION OF THE TIME OF COMPLETION, and should it be C7-7(5) r 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.I3 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever , because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations , the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed . C7-7.I4 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. 1. 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) 1 In case the Sureties do not , within the hereinabove specified time , exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue , then the Owner shall have the power to complete, by contract or otherwise , as it may determine, the work herein described or such work thereof as it may deem necessary , and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials , plants, tools, equipment, supplies , and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools , equipment, materials , labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials , tools , equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due . When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT:The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed , the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated , and the date upon which such termination becomes effective . Receipt of the notice shall be deemed conclusively presumed and established when the letter is ,,, placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) t' 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 a s otherwis e directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the exte nt specified in the notice of termination; 2. 3. 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 ; 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 unfabric ated 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 py 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 prov1s1ons of Item C7-7.l(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. F. FAIL URE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7 .16(0) 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 . 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) G . 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3 . the agreed price for , or the proceeds of the sale of, any materials , supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause , and not otherwise recovered by or credited to the Owner. 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 f breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES : The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws , ordinances, and regulations so as to protect person and property from injury, including death , or damage in connection with the work. C7-7(11) PART C -GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8. l MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer , based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor , tools, materials, machinery , equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents . The "Unit Price " shall include all permanent and temporary protection of overhead , surface, and underground structures, cleanup, finishing costs, overhead expense , bond , insurance, patent fees , royalties, risk due to the elements and other clauses , delays , profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8 -8.3 LUMP SUM : When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum " shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery , equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans . C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the 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 m an acceptable manner according to the terms of the Contract Documents . The payment of an y current or partial estimate prior to the final acceptance of the work by the Owner shall in no wa y 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 1st and the 5th day of each month , the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 1 oth 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 o'r the release of the Contractor of any of his responsibi lities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) \ " C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents . C8-8 . 7 FINAL ACCEPTANCE : Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection . The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8 .8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements , computations , and checks can be made . All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate , less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows : Prior to submission of the final estimate for payment , the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons , firms , associations, corporations, or other organizations furnishing labor and/or materials have been paid in full , B. that the wage scale established by the City Council in the City of Fort Worth has been paid , and C . that there are no claims pending for personal mJury 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 an y 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 DE SIGN: 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 th e 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 fin al 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 sp ecific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work , th e 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 En gineer, depending on field conditions . Payment for miscellaneous placement o f material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the Project. C8-8 .13 RECORD DOCUMENTS: The Contractor shall keep on record a cop y of all specifications, plans , addenda , modifications , shop drawings and samples at th e C8-8(4) - site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. C8-8(5) ' I • PART Cl ' 'i ~ '' • > .. A. B . C. D . SECTION Cl: SUPPLEMENT ARY CONDITIONS TO PART C -GENERAL CONDITIONS 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. C8-8 .5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. Part C -General Conditions: Paragraph C3-3.l 1 of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions . C3-3.11 INSURANCE: Page C3-3 (5): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised 10/24/02 Pg. 1 E. F. C6-6 .12 CONTRACTOR 'S RESPONSIBLITY FOR DAMAGE CLAIMS : Page C6-6 (6), is deleted in its entirety and replaced with the following : Contractor covenants and agrees to indemnify City 's engineer and architect , and their personnel at the project site for Contractor 's sole negligence. In addition , Contractor covenants and agrees to indemnify , hold harmless and defend , at its own expense, the Owner, its officers , servants and employees, from and against any and all claims or suits for property loss , property damage , personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees , subcontractors, licensees or invitees , whether or not any such 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. 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 10/24/02 Pg . 2 li - - - G. C3-3 . l l INSURANCE: Page C3-3 (6): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy . b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents , 1000 Throckmorton Street, Fort Worth, TX 76102 , prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal , and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A : VII or equivalent measure of financial strength and solvency. f. Deductible limits , or self-funded retention limits, on each policy must not exceed $10 ,000.00 per occurrence unless otherwise approved by the City. g . Other than worker 's compensation insurance , in lieu of traditional insurance , City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 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 10/24/02 Pg. 3 H. l. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 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 shaJI 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 . l O GENERAL GUARANTY: Delete C8-8. l 0, 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 Revised 10/24/02 Pg.4 J. 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 p~omptness . 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. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (3) 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 Revised 10/24/02 Pg. 5 K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions , dated November 1, 1987 ; (City let projects) make the following revisions : L . l. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 2 . Pg. C3-3(4) Paragraph C3-3. l l INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(5), Paragraph C3-3. l 1 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". 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 fina l 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 . Revised 10/24/02 Pg.6 .... ( 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 : l . 50 copies and under -l O 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. l O work within easements, page C6-6(5), 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 : l. Wherever the word Watchm e n 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 . 0 . MINORITY/WOMEN BUSINE SS 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 Revised 10/24/02 Pg. 7 determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following : (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code , including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents . (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. ( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above . ( d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised 10/24/02 Pg. 8 PART D -SPECIAL CONDITIONS D-8 TRAFFIC CONTRQL The contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ," codified as Article 6701 d Vernon 's Civil Statutes , pertinent sections being Section Nos. 27, 29, 30 and 31 . A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 871-8770, at the pre-construction conference. 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 w ith the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas ." The · cost of. the · traffic cpntrol shall b~ incluped. as . a lump sum .as qid in th e RrOpOS9I : bid ltem Traf{ic Qontt.91 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 responsibil ity of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed . Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. 11129104 SC-9 PART D -SPECIAL CONDITIONS 0-11 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 . 0-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction . 0-13 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. 0-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents ' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed . No more than seven days shall elapse after completion of construction before the roadway, right- of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth Department of Engineering shall give final acceptance of the completed project work. 0-15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup. The Contractor shall not commence with water and/or sanitary sewer installation until such time that the survey cut-sheets have been received from the City inspector. 0-16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 11129/04 SC-10 · PARTD D-1 D-2 D-3 D-4 0-5 o-·6 D-7 b-8 D-9 D-10 0-11 D-12 D-13 0-14 D-15 D-16 D-17 D-18 D-19 D-20 0-21 D-22 D-23 0-24 D-25 D-26 D-27 D-28 D-29 0-30 0-31 0-32 D-33 0-34 D-35 0-36 D-37 D-38 D-39 D-40 D-41 D-42 D-43 D -44 D-45 D-46 D-47 D-48 D-49 D-50 0-51 11129104 PART D -SPECIAL CONDITIONS GENERAL .......................................................................................................................... 3 COORDINATION MEETING ............................................................................................. .4 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ..................... 5 COORDINATION WITH FORT WORTH WATER DEPARTMENT .................................... 7 CROSSING OF EXISTING UTILITIES ............................................................................... 7 EXISTING UTILITIES AND IMPROVEMENTS .................................................................. 7 CONSTRUCTION TRAFFIC OVER PIPELINES ................................................................ 8 TRAFFIC CONTR.OL ......................................................................................................... 9 DETOURS ......................................................................................................................... 9 EXAMINATION OF SITE ................................................................................................ 9 ZONING COMPLIANCE ............................................................................................... 10 WATER FOR CONSTRUCTION .................................................................................. 10 WASTE MATERIAL ..................................................................................................... 10 PROJECT CLEANUP AND FINAL ACCEPTANCE ...................................................... 10 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK ................................. 10 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ............................ 10 BID QUANTITIES .............................................................. · ........................................... 11 CUTTING OF CONCRETE .......................................................................................... 11 PROJECT DESIGNATION SIGN ................................................................................. 11 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ...................................... 12 MISCELLANEOUS PLACEMENT OF MATERIAL ........................................................ 12 CRUSHED LIMESTONE BACKFILL ............................................................................ 12 2 :27 CONCRETE ......................................................................................................... 12 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ......................................... 12 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS ............ 14 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) ................ 15 SANITARY SEWER MANHOLES ................................................................................ 15 SANITARY SEWER SERVICES .................................................................................. 18 REMOVAL, SALVAGE, AND·ABANDONMENT OF EXISTING FACILITIES ................ 20 DETECTABLE WARNING TAPES ............................................................................... 22 PIPE CLEANING ............................. : ............................................................................ 22 DISPOSAL OF SPOIL/FILL MATERIAL ....................................................................... 22 MECHANICS AND MATERIALMEN'S LIEN ................................................................. 23 SUBSTITUTIONS ........................................................................................................ 23 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............. 23 VACUUM TESTING OF SANITARY SEWER MANHOLES .......................................... 26 BYPASS PUMPING ..................................................................................................... 27 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .......... 27 SAMPLES AND QUALITY CONTROL TESTING ......................................................... 29 TEMPORARY EROSION , SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................ 30 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ........................ 31 PROTECTION OF TREES , PLANTS AND SOIL .......................................................... 31 SITE RESTORATION .................................................................................................. 31 CITY OF FORT WORTH STANDARD PRODUCT LIST .............................................. 31 TOPSOIL. SODDING, SEEDING & HYDROMULCHING ............................................. 32 CONFINED SPACE ENTRY PROGRAM ..................................................................... 37 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ............................ 37 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ...................... 37 CONCRETE ENCASEMENT OF SEWER PIPE .......................................................... 38 CLAY DAM ................................................................................................................... 38 EXPLORATORY EXCAVATION (D-HOLE) .................................................................. 38 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-lns .......................................................................................................................... 40 52 .5 Connection of Existing Ma ins ...................................................................................... .40 52 .6 Valve Cut-Ins ............................................................................................................... 40 52 .7 Water Services ............................................................................................................. 40 52 .8 2-lnch Temporary Service Line ................................................................................... .42 52 .9 Purging and Sterilizat ion of Water Lines ..................................................................... .43 52 .1 O Work Near Pressure Plane Boundaries ....................................................................... .44 52.11 Water Sample Station ................................................................................................. .44 52.12 Ductile Iron and Gray Iron Fittings ............................................................................... .44 0-53 SPRINKLING FOR DUST CONTROL ......................................................................... .45 D-54 DEWATERING ............................................................................................................. 45 D-55 TRENCH EXCAVATION ON DEEP TRENCHES ......................................................... 45 0-56 TREE PRUNING .......................................................................................................... 45 D-57 TREE REMOVAL ......................................................................................................... 46 D-58 TEST HOLES ............................................................................................................... 46 0-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ........................................................................................................ 47 D-60 TRAFFIC BUTTONS .................................................................................................... 47 D-61 SANITARY SEWER SERVICE CLEANOUTS .............................................................. 48 0-62 TEMPORARY PAVEMENT REPAIR ........................................................................... .48 D-63 CONSTRUCTION STAKES ......................................................................................... 48 D-64 . EASEMENTS AND PERMITS ...................................................................................... 48 D-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING ............................................... .49 D-=66 ·: ,._'WAGE RATES ............................................................................................................ 49 0-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 51 D-:68 -',· STORM WATER POELUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE)· ............................................................................................................ 51 0 -69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS .................................................................................... 53 D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................. 53 0-71 EARLY WARNING SYSTEM FOR CONSTRUCTION ..................................................... 54 D-72 AIR POLLUTION WATCH DAYS ..................................................................................... 54 0-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS .......................................... 55 11129/04 SC-2 PART D -SPEC IAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C 1 - Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is addit ive to any provision in Part C -General Conditions and part C 1 -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C -General Conditions and Part C1 -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: SANITARY SEWER REHABILITATION CON J RACT LXX (70),.PART 3 ·. FORT WORTH, TEXAS 'DOE PROJECT NO. 5132 WATER.PROJECTS NO . P253-609170043983 _, SEWER PROJECT NO. P2o8·:7 0~170Q43983 CJTY PROJECT~NO~ 00439 0-1 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 . 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 11 /29104 SC-3 PART D -SPECIAL CONDITIONS 2 . STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and 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 retain i ng contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security , to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered . The Bidders must have the proposal actually delivered . Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division , PO Box 17027 , Fort Worth , Texas 76102. B. WITHDRAWING PROPOSALS : Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may , at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , prov ided 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 signatu re 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. 0-2 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 . 11129/04 SC-4 PART D -SPECIAL CONDITIONS D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions : 1. Certification of coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or ent ity 's employees providing services on a project , for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person 's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w ith 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 proj ect , for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awa rded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended . E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 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. 11129/04 SC-5 PART D -SPECIAL CONDITIONS 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 man ner 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 amou nts 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 t he project, for the duration of the project ; 2. Provide to the Contractor , prior to that person beginning work on the project, a cert ificate of coverage showing that coverage is being prov ided 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 fro_m each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage , prior to the other person beginning work on the project ; and b.) A new certificate of coverage showing extension of coverage , prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Reta in all required certificates of coverage on file for the duration of the project an d 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 prov iding 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. 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 1112.9/04 SC-6 PART D -SPECIAL CONDITIONS misleading information may subject the contractor to administrative , criminal , civil penalties or other civil actions . 9 . The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J . The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type , and shall be in both English and Spanish and any other language common to the worker population . The text for the notices shall be the following text, without any additional words or changes : "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance . This includes persons providing , hauling , or delivering equipment or materials, or providing labor or transportation or other service related to the project , regardless of the identity of their employer or status as an employee ." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage , to verify whether your employer has provided the required coverage , or to report an employer's failure to provide coverage". D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it ·will be necessary to deactivate , for a period of time , existing lines . The Contractor · shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. D-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be constructed of ductile iron pipe . The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping . Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. Backfill, fittings , tie-ins and all other associated appurtenances required are deemed subsidiary work , the cost of which shall be included in 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 11129/04 SC-7 PART D -SPECIAL CONDITIONS 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 s·upport, protection and/or temporary relocation of all utility poles, gas lines, t~lephone cables ; utiiity services, water malns, sanitary sewer· lines, electrical cables, drainage pipes, _and all other utilities and structures both above and below ground during con~truction. It is understood that th'e Cc;mtractor is not responsible for the permarn;mt relocation of existing utilities in direct conflict with the pr9p_o_sed construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed . NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans , at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line . He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer . The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the util ities involved and from evidences found on the ground. 0-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new line and the existing lines from these possibly excessive loads. The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at "the Contractor's expense, to the satisfaction of the City . In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation . 11129104 SC-8 PART D -SPECIAL CONDITIONS 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers , hoisting equipment or similar apparatus . The warning sign shall read as follows : "WARNING -UNLAWFUL TO OPERA TE 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, ex_cept 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). 0-17 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4 .3 conflicts with this provision, this provision controls . No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities . 0-18 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. 0-19 PROJECT DESIGNATION SIGN Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4 ' x 8' project signs , project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be 1 '-0" by 2'-0" in size. The information box shall have the following information : For Questions on this Project Call : 11129/04 (817) 871-8306 M-F 7:30 am to 4 :30 p .m. or (817)871-8300 Nights and Weekends SC-11 PART D -SPECIAL CONDITIONS Any and all cost for the required materials , labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subs idiary cost of the project and no additional compensation will be allowed . 0-20 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 ex isting width , between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item _ 504 . At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction , Item 502 . Payment for cutting , backfill , concrete , forming materials and all other associated appurtenances required , shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair . 0-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of materia l. These materials shall be used only when directed by t he 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. 0-22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer , Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 -Materials and Division 2 Item 208 .3 -Materials Sources . Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill , Construction Specifications, General Cont ract 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 . 0-23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair . Since this call- out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. 0-24 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 11129/04 SC-12 PART D -SPECIAL CONDITIONS Documents and Specifications except as specified herein . 1. TRENCH EXCAVATION : In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise , and if the Engineer determines that the design load ings of the pipe will be exceeded , the Contractor will be required to support the pipe with an improved trench bottom . The expense of such remed ial measures shall be entirely the Contractor's own . All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements , and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2 . TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8 . Such evidence shall be a test report from an independent testing laboratory and must include representat ive 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, contain ing little or no plastic material , the Engineer may waive the test report requirement. See E1-2 .3 , Type "C " or "D" Backfill , and E2-2 .11 Trench Backfill for additional requirements . When Type "C" back-fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used . In general , all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces , lumps of clay , soil , loam or vegetable matter and shall meet the following gradation : • Less than 10% passing t he #200 sieve • P.I. = 10 or less Additionally , the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following : Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 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 . 0698) 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 11129/04 SC-13 PART D -SPECIAL CONDITIONS sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe . The City, at its own expense, will perform trench compaction tests per A.S .T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City . These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City . 4. MEASUREMENT AND PAYMENT: All material , with the exception of Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe . Type "B" backfill shall be paid for at a pre-bid unit price of $15.00 per cubic yard . 0-25 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. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving . If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No . 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Department of Engineering will inspect the paving repair after construction . This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering. 11ag104 SC-14 PART D -SPECIAL CONDITIONS 0-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins . The requirements of this item govern all trenches for mains , manholes , vaults, service lines , and all other appurtenances . The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas . The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards , 29 CFR Part 1926, Sub-Part P -Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety . C . DEFINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM -Benching means excavating the sides of a trench to form one or a series of horizontal level or steps , usually with vertical or near-vertical surfaces between levels . 3. SLOPING SYSTEM -Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4 . SHIELD SYSTEM -Shields used in trenches are generally referred to as "trench boxes " or "trench shields ". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure . Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre-manufactured or job-built in accordance with OSHA standards. 5. SHORING SYSTEM -Shoring means a structure such as a metal hydraulic , mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins . Shoring systems are generally comprised of cross-braces, vert ical rails , (uprights), horizontal rails (wales) and/or sheeting . D. MEASUREMENT -Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT -Payment shall be full compensat ion for safety system design, labor, tools, materials , equipment and incidentals necessary for the installation and removal of trench safety systems. 0-27 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 E 1-14 Materials for Sanitary Sewer Manholes , 11129/04 SC-15 PART D -SPECIAL CONDITIONS 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 eq ual 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 accordance with Figure 105 . All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE : MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED . 7. MANHOLE STEPS : No manhole steps are to be installed on any sanitary sewer manhole . 8. EXTERIOR SURFACE COATING : Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy , Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to , a minimum or 14 mils dry film thickness. 1112 9/04 SC-16 PART D -SPECIAL CONDITIONS 9 . MANHOLE JOINT SEALING : All interior and/or exterior joints on conc rete manhole sections constructed for the City of Fort Worth Water Department , excluding only the joints using a trapped type performed 0 -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 St ick , or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sect ional 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 su itable removable wrapper and shall not in any way depend on oxidation , evaporation , or any other chem ical action for either its adhesive properties or cohesive strength . The Joint sealer shall remain totally flexible without shrinking, hardening , or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years . B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above -specified materials . All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt , sand, mud , or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench . After removal of the protective wrapper , the joint sealant shall be kept clean . Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. 11129/04 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, 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 . v 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. SC-17 PART D -SPECIAL CONDITIONS Joint surfaces between the frames, adjustment rings , and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre-formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims , wood, stones , or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas , castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface . The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation . 3. EXPOSED EXTERIOR SURFACES : All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy . Kopper "Bitumastic Super Service Black "; Tnemec "46- 450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling . C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement , which if required , shall be paid separately . The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole , including , but not limited to, excavat ion, backfill , disposal of materials, joint sealing, lift hole sealing and exterior surface coat ing. 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 . 0-28 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 on ly as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required . Severed service connections shall be maintained as specified in section C6-6 .15. 11129104 SC-18 PART D -SPECIAL CONDITIONS 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 includ ing 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 , fitt ings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E . SEWER SERVICE REPLACEMENT : All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer -as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line , all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer . For situations involving sewer service re-routing , whether on public or private property , the City shall provide line and grade for the sewer service lines as shown on the project plans . Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de-holing at the building clean-out) the elevations (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main , in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied . Elevations shall also be verified at all bend locations on the service re-route . All applicable sewer mains , laterals and affected service lines that are installed without pre-construction de-· holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted . All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied . If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans , the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied . Prior to backfilling , the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for 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 1112 9/04 SC-19 PART D -SPECIAL CONDITIONS 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 . 0-29 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 . 8. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. C . SALVAGE OF EXISTING FIRE HYDRANTS : Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 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 . 11129/04 SC-20 PART D -SPECIAL CONDITIONS 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 restorat ion shall be compat ible 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 w ith surrounding surface . I. CUTTING AND PLUGGING EXISTING MAINS : At various locations on this project , it may be required to cut , plug , and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe , unless separate trenching is required. J . REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required , it shall be the Contractor's responsibility to properly dispose of all removed pipe . All removed valves , fire hydrants and meter boxes shall be delivered to Water Department Field Operation , Storage Yard . C . PAYMENT: Payment for all work and material involved in salvaging , abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as 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 requ ires 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 1112 9/04 SC-21 PART D -SPECIAL CONDITIONS final determination that all existing service connect ions 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. 0-30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pip e 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 sol id 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 2Y:z pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows : Type of Utility Color Code Water Safety Blue Sewer Safety Green Legends Caution! Buried Water Line Below Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability . Allow a min imum of 18 inches between the tape and the pipe . Payment for work such as backfill , bedding, blocki ng , detectable tapes, and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). 0-31 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 riight plug sha ll be installed on all exposed pipe ends during any period of work stoppage . 0-32 DISPOSAL OF SPOIL/FILL MATERIAL Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"}, of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Admin istrator 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 permi t. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain . Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain . Any expenses 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. 11129/04 SC-22 - PART D -SPECIAL CONDITIONS 0-33 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. 0-34 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 respons ibility 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. 0-35 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 no~zles . The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned . Equipment sha ll also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank , auxiliary engines , pumps , and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operat ion 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 PRQCEDURES : The designated sewer manholes shall be cleaned using high-velocity jet equipment. The equipment shall be capable of removing dirt, grease , rocks , sand, and other materials and obstructions from the sewer lines and manholes . If 11129104 SC-23 PART D -SPECIAL CONDITIONS cleaning of an ent ire section cannot be successfully performed from one manhole , the equipment shall be set up on the other manhole and cleaning again attempted . If, aga in, successful cleaning cannot be performed or equipment fails to traverse the enti re 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 t he 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 inspect ion 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 mon itor, 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 perm it 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 . 11129104 When manually operated winches are used to pull the television camera through the line , telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized . All television inspection videotapes shall have a footage counter. Measurement for location of sewer SC-24 - - PART D -SPECIAL CONDITIONS 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 Eng ineer. 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 : Telev ision 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 add ition, 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 immed iately upon completion of the telev ision inspection and may be retained a maximum of 30 calendar days . Equipment shall be provided to the City by the Contractor for review of the tapes. The Engineer will return tapes to the Contractor upon completion of review . Tapes shall not be erased without the permiss ion 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 serv ice 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 qual ity that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also , no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera . THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERM INATION 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 11129/04 SC-25 PART D -SPECIAL CONDITIONS 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. 0-36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. 8. 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. 11129/04 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 Tab le I below in accordance with ASTM C1244-93: Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (10"Hg -9"Hg) (SEC) Depth of MH. 48-lnch Dia. 60-lnch 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. SC-26 PART D -SPECIAL CONDITIONS 24' 59 sec. 78 sec. 26' 64 sec . 85 sec . 28' 69 sec . 91 sec . 30' 74 sec. 98 sec. For Each 5 sec . 6 sec. Additional 2' 1. ACCEPTANCE : The manhole shall be considered acceptable , if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole , which fails to pass the initial test , must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the. leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test , the manhole shall be restored to its normal condition , all temporary plugs shall be removed, all braces , equ ipment, 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 s ize to handle the flow without sewage backup occurring to facilities connected to the sewer. Provis ions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system . Under no circumstances will the Contractor be permitted to discharge sewage into the trenches . Payment shall be incidental to rehabilitation or replacement of the sewer line. D-38 POST-CONSTRUCTION TELEVISfON INSPECTION OF SANITARY SEWER A. GENERAL: After construction , ALL sect ions of sanitary sewer lines shall have a telev ision 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 . 1112 9/04 SC-27 PART D -SPECIAL CONDITIONS C. EXECUTION : 1. TELEVISION INSPECTION : The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute . Manual winches , power winches , TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull .the television camera through the line , telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew . The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the like , which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection . Sanitary sewer mains must be laced with enough water to fill all low pints . The televis ion inspection must be done immediately following the lacing of the main with no water flow . If sewer is active, flow must be restricted to provide a clear image of sewer being inspected . 2. DOCUMENTATION : Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans . A copy of these television logs will be supplied to the City. . 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. 11/29/04 SC-28 PART D -SPECIAL CONDITIONS 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-construct ion Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Telev ision inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis . The quantity of TV inspection shall be measured as the total length of new pipe installed . All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection . The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regula r sewer service to the area residents . All bypass pumping shall be incidental to the project. 0-39 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish , at its own expense, certifications by a private laboratory for all materials proposed to be used on the project , including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken . The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto . B . Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement , and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City . C . Quality control testing of in-place material on this project will be performed by the city at its own expense . Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the C ity . 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 supply ing the fill material. 11/2 9104 SC-29 PART D -SPECIAL CONDITIONS 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 t he 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 , sed iment 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 con t rol 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 w ill minimize the amount of sediment entering streams . 3. Frequent fordings of liye streams will not be permitted ; therefore , temporary bridges or other structure's shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 4 , When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minim ize 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, ca lcium 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. 1112 9/04 SC-30 PART D -SPECIAL CONDITIONS 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 . 0-41 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 hol idays . The Contractor shall conduct his act ivities to minimize obstruction of access to drives and property during the progress of construction . Notificatio,n shall be made to an owner prior to his driveway being removed and/or rebuilt. 0-42 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 prun i ng 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. 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. 0-43 SITE RESTORATION The contractor shall be responsible for restoring the s ite 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. 0-44 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List , for the bid to be considered responsive . Products and processes listed in the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth min imum technical requirements. 1112 9/04 SC-31 PART D -SPECIAL CONDITIONS 0-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING Th is item shall be perfo rmed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil , Sodding and Seeding . 1. TOPSOIL DESCRIPTION : This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material , in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation . All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation sha ll be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations , topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways . 2. SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda , Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces , in median strips, on embankments or cut slopes , or in such areas as designated on the Drawings and in accordance with the requirements of this Specification . Recommended Buffalo g rass varieties for sodding are Prairie and 609 . MATERIALS : Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine g rass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense , thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots . St. Augustine grass sod shall have a healthy , virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots . The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted . Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn . 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 . 11129104 SC-32 PART D -SPECIAL CONDITIONS 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 equ ivalent 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 immed iately 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 , prov iding and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications . MATERIALS : a. General. All seed used must carry a Texas Testing Seed label showing purity and germination , name, type of seed, and that the seed meets all requirements of the Texas Seed Law . Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers . A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. 11129/04 The specified seed shall equal or exceed the following percentages of Purity and germination : Common Name Purity Germination SC-33 PART D -SPECIAL CONDITIONS Common Bermuda Grass Annual Rye Grass Tall Fescue Western Wheatgrass Buffalo Grass Varieties Top Gun Cody 95% 95% 95% 95% 95% 95% Table 120.2.(2)a. 90% 95% 90% 90% 90% 90% URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Dates Feb 1 to May 1 Mixture for Clay or Tight Soils (Eastern Sections) · Bermudagrass 40 Buffalograss 60 (Western Sections) Buffalograss 80 Bermudagrass 20 Total : 100 Total : 100 Table, 120.2.(2)b Mixture for Sandy Soils (All Sections) Bermudagrass 60 Buffalograss 40 Total : 100 TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total : 100 CONSTRUCTION METHODS : After the designated areas have been completed to the lines , grades , and cross-sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described . a. Watering. Seeded areas shall be watered as directed by the Eng ineer so as to prevent washing of the slopes or dislodgment of the seed . b. Finishing . Where applicable, the shoulders , slopes , and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. BROADCAST SEEDING : The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed . If the sowing of seed is by hand , rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained . "Finishing " as specified in Section 0-45 , Construction Methods, is not applicable since no seed bed preparation is required . DISCED SEEDING : So il 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 sha ll be - reduced to less than one (1) inch in diameter or they shall be removed . The area shall then 11129/04 SC-34 PART D -SPECIAL CONDITIONS be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. The seed , or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods , seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch . The planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING : The soil over the area shown on the Drawings , or as directed to be seeded, shall be loosened to the minimum depth of three (3) inches and all particles in th .e seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D- 45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened . After the watering, when the ground has become sufficiently dry to be loose and pliable , the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks . In between the time compacting is completed and the asphalt is applied , the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. The application of asphalt shall follow the last watering as rapidly as possible . Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included , then MS-2 shall be used . Applications of the asphalt shall be at a rate of 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. 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. 11129104 SC-35 PART D -SPECIAL CONDITIONS 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 . MA TE RIALS : 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 bo rrow sources . Acceptable material for "Seeding" w ill be measured by the linear foot, complete in place . Acceptable material for "Sodding" will be measured by the linear foot, complete in place. Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding . PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating ( except as noted below}, loading , hauling, placing and furnishing all labor, equipment, tools , supplies, and incidentals necessary to complete work. All labor, equipment , tools and incidentals necessary to supply, transport , stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. "Spot sodding" or "block sodding " as the case may be , will be paid for at the contract unit price per square yard , complete in place , as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod ; for all 11129/04 SC-36 PART D -SPECIAL CONDITIONS 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 cons idered subsidiary to Sodding and Seeding. D-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM " which must meet OSHA requirements for all its employees and subcontractors at all times during construction . All active sewer manholes , regardless of depth , are defined by OSHA , as "permit required confined spaces ". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM " for all applicable manholes and maintain an active file for these manholes . The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project , the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete . 8. The inspector along with appropriate City staff and the City 's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected . 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected . 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection . 11 . Final inspection shall be in conformance with general condition item "CS-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. ?· 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 . 11129/04 SC-37 tJh ' (,;.ii~ ~~G,0.~:[Q; tin J~~~~i ~1w n. W©~rn . rut PART D -SPECIAL CONDITIONS 3 . Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations . The Engineer shall be notified at least 24 hours prior to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. 4 . Nothing shall be stored over the tree root system within the drip line area of any tree . 5. Before excavation (off the roadway) within the drip line area of any tree , the earth shall be sawcut for a minimum depth of 2 feet. 6 . At designated locations shown on the drawings, the "short tunnel" method using Class 51 D.I. pipe shall be utilized . 7 . Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense. 8 . Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures. 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1 /2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted. 0-49 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 C-LA Y DAM Clay dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications, at locations indicated on the Drawings or as directed by the City . Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench . Construction material shall consist of compacted bentonite clay or 2 :27 concrete . Payment for work such as . forming , placing and finishing shall be subsidiary to the price bid for pipe installation. 0-51 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of fill existing utilities prior to construction, in accordance with item D-6. At locations identified on the drawings , contractor shall conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exp loratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications . 11 /29104 SC-38 PART D -SPECIAL CONDITIONS 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 11129/04 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents . Payment for work such as backfill, bedding , blocking, detectable tapes and all other associated appurtenant required , shall be included in the linear foot price bid of the appropriate BID ITEM(S). 52.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents . All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. 52.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe , and shall conform to the provisions of E 1-15, E 1-5 and E 1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects . The steel casing pipe shall be supplied as follows : For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above. C . Minimum thickness for casing pipe used shall be 0 .375 inch . Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non- concrete pipes when installed in casing . Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig . 11 O 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. SC-39 11129/04 PART D -SPECIAL CONDITIONS 52.4 Tie-Ins The Contractor shall be responsible for making tie-ins to the existing water mains . It shall be the respons ibility of the Contractor to verify the exact location and elevation of the existing line tie-ins . And any differences in locations and elevation of existing line tie -ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe . 52.5 Connection of Existing Mains The Contractor shall determine the exact location, elevation , configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece . Any differences in locations , elevation , configuration , and or angulation of existing lines between the contract drawings and what may be encountered in the said work sha ll be considered as incidental to construction . Where it is required to shut down existing mains in order to make proposed connections, such down t ime shall be coordinated with the Engineer, and all efforts shall be made to keep th is down time to a minimum . In case of shutting down an existing main , the Contractor shall notify the Manager, Construction Services, Phone 871-7813, at least 48-hours prior to the required shut down time . The Contractor's attention is directed to Paragraph CS-5 .15 INTERRUPTION OF SERV ICE, Page CS-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 , t ime , and schedule of the service interruption . The cost of removing any existing concrete blocking shall be included in the cost of connection . Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size . 52.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from wh ich the extension and/or replacement is to be connected . This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve ; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection . All consumers shall be individually advised prior to the shut out and adv ised 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 & E 1-18) contained in the General Contract Documents . SC-40 PART D -SPECIAL CONDITIONS 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 w ith 1- inch Type K copper , 1-inch diameter tap saddle when required , and 1-inch corporation from the main line to the meter box . All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5 .15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS : Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction . The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings , and corporation stop. Payment for all work and mate rials such as backfill, fittings , type K copper tubing , curb stop with lock wings , service line adjustment , and any relocation of up to 12 -inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation . Payment for all work and materials such as tap saddle (if required), corporation stops , and fittings shall be included in the price bid for Service Taps to Main . 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop . The contractor will be paid for 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 . 11129/04 SC-41 PART D -SPECIAL CONDITIONS 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 wi ll 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 E 1-18A -Reinforced Plastic Water Meter Boxes. Payment for all work and materials such as backfill , fittings, type K copper tubing, and curb stop with lock w ings 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 fitt ings 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 mult iple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 52.8 2-lnch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work . The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service . 1112 9/04 A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hyd rant 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" SC-42 PART D -SPECIAL CONDITIONS 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 cir replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed , number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines . Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible . At the pre-construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used . The inspector will deliver the hydrant meters to the locations . After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 11129/04 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. SC-43 11129/04 PART D -SPECIAL CONDITIONS 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 c ross 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 Operat ions Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS : Payment for all work and mate rials 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 fo r the installation of the sampling stat ion, 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 mate rials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station , modification to the vault , fittings, and all type K copper serv ice line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 52.12 D.uctile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron P ipe , fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings : E2-7 .11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories , polyethylene wrapping , horizontal concrete blocking, vertical tie-down concrete blocking , and conc rete 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 E 1-13 and Construction SC-44 PART D -SPECIAL CONDITIONS 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 . 0-53 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. 0-54 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 result ing 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 . 0-55 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. 0-56 TREE PRUNING A. REFERENCES: National Arborist Association 's "Pruning Standards for Shade Trees ". 8 . ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C . NATURAL RESOURCES PROTECTION FENCE 3. Steel "T" = Bar stakes , 6 feet long . 4 . Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging : "Tundra " weight , International fluorescent orange or red color . 6 . Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings . D. ROOT PRUNING 11129104 SC-45 PART D -SPECIAL CONDITIONS 7. Survey and stake location of root pruning trenches as shown on drawings. 8. Us ing 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 . 0-57 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 . 0-58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils , including the amou nt 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 invest igations , 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 . 11129/04 SC-46 PART D -SPECIAL CONDITIONS 0-59 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 bus iness 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 f lyer is delivered to all residents of the block. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction , the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows : The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption . The flyer shall be prepared on the contractor's letterhead and shall include the following information : Name of the project , DOE number, the date of the interruption of service, the period the interruption will take place , the name of the contractor's foreman and his phone number and the name of the City 's inspector and his phone number. A sample of the temporary water service interruption notification is attached . A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed . The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Construction office at (817) 871-8306 . All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made . 0-60 TRAFFIC BUTIONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item. In the event that the contractor prefers for the Signals , Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings , the contractor shall contact SSMD at (817) 871 -8770 and shall reimburse SSMD for all costs incurred , both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 1112 9/04 SC-47 PART D -SPECIAL CONDITIONS 0-61 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 ~tack 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 . 0-62 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. 0-63 CONSTRUCTION STAKES The City, through its Surveyor or agent , will provide to the Contractor construction stakes or ot her customary method of markings as may be found consistent with professional practice , establishing line and grades for roadway and utility construction , and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc .), and one set of excavation/or stabilization stakes , and one set of stakes for curb and gutter/or paving . It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost, destroyed, or disturbed , to prevent the proper prosecution and control of the work contracted for in the Contract Documents , it shall be the Contractor's responsibility, at the Contractor's sole expense , to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted , and time will continue to be charged in accordance with the Contract Documents . 0-64 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 11129/04 SC-48 PART D -SPECIAL CONDITIONS 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 thoroughJy 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 ~ailroad ,nsuranqe gosts and ~ny other incidental costs n,ece~sary to meet the conditio~s assqci~ted with permit(s) compliance, including payment for flagmen, shall be subsidiary" tQ the bid "ite'm P.rice for'"boring JJ nger the railroad. No _additiona! ppyment will be allowed for th l~ item. 0-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions . Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. 0-66 WAGE RATES 11129/04 SC-49 PART D -SPECIAL CONDITIONS documents:Th1s penalty sh"all be retainesJ by the CitY. to offset its ~·administrative costs, J)LirSUant to Texas Government Code 2258.023 ~ Complaints of Violations and City Determi nation 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 in itial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe th~t the violation occurred . The City shaJI notify in .writing the contr~ctor or subcontracto r and any affected worker of its initial determination. Upon the City's determination that there is go9d :cause tci believe the contractor or subcontractor has yjolated Chapter 2258, the City shall retain the full amo.unts claimed by the claimant or claihlants as the difference between wages paid and wages due under th ~·prevailing wage rates, such amounts being s_ubtracted frortl succes~ive progres~ paym~nts penp ing a fin?I d~termination of tt:ie v_i olation . A rb ftration Req.uired if Vi'olat fon Not Resolved . An issue relat ing to an alleged violation of Section 2258.02 3, if,exas Goverr1ment Code, including a penalty owed to the City or an affected worker, ·shall be submitted to binding arbitration in accor:dan·ce with the Texas ·Genera'1 Arbitratipn Act (Article 224 et seq., Revised Statutes) if the ~ontractor~g( subcontractor and any aff~cted worker do m)t re,solve. the issue by agreemeAt q7f9r~ the 1.5th day after the d~te the Cit_y ·111akes its in~tial 9e~ermination pursJ.1ant to _pa~agraph_ '( c) above .' If the persons requrred to a~b1trate under this section do not agree on an arb1trato n before the 11th 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 arbitra!o_r is final .arid binP iD g on £!!IJ>,af"1 j~s and may be en(orc_ep jn.an ~ourt Of COmP.etent jyrisd iftiO[I. Records to be Maintained. The, ~ontractpr and ¢ach "subcontractors.hall, for a period of three (3) years follqwing the date of acceptance·of the work, maintain records that show (i) the. name -~nd occupation ofeacn·worker ~~,.~·-~ , -~ , _, ,,•' , !,{j,' r ·•J '. •' · ', •:•.\ · • !_ .. )f.• empl_oyed by the contractor in the construction of the work provided for in this contr~ct; ?rid (ii) the 'actual per d tem wages paid to eac_h worker.' The records. shall be open· at all reasonable hours for inspection by the City. 1 h~ provisi_ons of the Audit secti9ri of th~se contracf q69u_ments ~hall pertaj_n to)his inspection . Pay EstTm atei: With each partial pay me nt esti m ate or payrol f period, whichever is less, 'the ' contractor shali s~bmit an ~ffidavit sta_ting that the contractor has _fOmQlied wfth" the requirements oJ ChaP.ter 22,58, Texa§ Government Cod~. Posting 0(Wage' Rates. Jhef ¢ontracto (~~au post.the' prevaili11g wage rates ii) a_ qonspicuou ~ pla~e atthe site of the project at -all Ji mes . ·Subcontracto r Compliance .- :rt,~-'COnt r.ador shall 'inCl':J9e 1n its subcontracts an d7or·shall otherwise reg y}reall of i!S sybcontracfo[s tp comply "wjth paragraphs (a) through.(g} above. {W a·ge:rat~ are attached at the end of this section.) 11129/04 SC-50 PART D -SPECIAL CONDITIONS 0-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP . Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance , regulation or policy whose requirements are more stringent. • B. ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61 .150. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental ·Protection Agency (EPA) defines friable as material , when dry, which may be crumbled , pulverized or reduced to powder by hand pressures . C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable . The Excavator is responsible to employ those means , methods, techniques and sequences to ensure this result. 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 . 0-68 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 11129/04 SC-51 PART D -SPECIAL CONDITIONS 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 util ized , 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 Inten t (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 requ ired $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 , th e 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 Departmen t 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 1112 9104 SC-52 PART D -SPECIAL CONDITIONS must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP . Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized . SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES : Submission of a NOi form is not required . However, a TCEQ Site Notice form must be completed and posted at the site . A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above . A SWPPP, prepared as described above , shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and contro l soil erosion , sedimentation and water pollution and will be included in the contract documents . The control measures shall be installed and ma intained 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 eng ineer 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 . 0-69 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 coord inate this activity through the appropriate City representative . The Contractor shall not operate water line valves of existing water system . Fa i lure to comply will render the Contractor in violation of Texas Penal Code Title 7 , Chapter 28 .03 (Crim inal 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 . 0-70 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 b idder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame . Based upon 11129104 SC-53 PART D -SPECIAL CONDITIONS the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive . Affected contractors will be notified in writing of a recommendation to the City Council. D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule , the following process shall be applicable : The work progress on all construction projects will be closely monitored . On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example : 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. A letter will be mailed to the contractor by certified mail , return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within t he contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time . 2 . The Project Manager and the Directors of the Department of Engineering , Water Department , and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed . 3 . Any notice that may , in the City 's sole discretion , be required to be provided to interested individuals will distributed by the Engineering Department 's Public Information Officer. 4 . Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will , if necessary , then forward updated notices to the interested individuals . 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. D-72 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS ". 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 .. 11129/04 SC-54 PART D -SPECIAL CONDITIONS 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 . 0-73 FEE FOR STREET USE PERMITS ANO 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 t ime of permit application . 2. A re-inspect ion 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 . 11129/04 SC-55 PART D -SPECIAL CONDITIONS Classifications Classifications Hrly 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 Bo x 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 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 . Oper. $12 .00 Truck Driver-Transit Mix $12.08 Concrete Paving Finishing Mach . Oper. $13.63 Wagon Drill , Boring Machine , Post Hole Driller $14.00 Concrete Paving Jo int Sealer Oper. $12.50 Welder $13 .57 Concrete Paving Saw Oper. $13 .56 Work Zone Barricade Servicer $10 .09 Concrete Paving Spreader Oper. $14.50 Concrete Rubber $10.61 Crane , Clamshell , Backhoe , Derrick , Dragl ine , Shovel $14.12 Electrician $18 .12 Flagger $8.43 Form Builder-Structures $11.63 Form Setter-Paving & Curbs $11 .83 Foundation Drill Operator, Crawler Mounted $13 .67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader $12.62 Laborer-Common $9 .18 Laborer-Utility $10.65 -Mechanic $16 .97 Mill ing Machine Operator, Fine Grade $11 .83 Mixer Operator $11 .58 Motor Grader Operator (Fine Grade) $15 .20 Motor Grader Operator, Rough Oiler $14 .50 Painter, Structures $13.17 Pavement Marking Machine Oper. $10 .04 Pipe Layer $11 .04 Roller, Steel Wheel Plant-Mix Pavements $11 .28 Roller, Steel Wheel Other Flatwheel or Tamping $10 .92 Roller , Pneumatic, Self-Propelled Scraper $11 .07 Reinforcing Steel Setter (Paving) $14 .86 Reinforcing Steel Setter (Structure) $16 .29 11 /29/04 SC-56 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 -----------(CONT RAC TORS S_UPERINTENDENT) (TELEPHONE NUMBER) OR MR. ____________ AT ___________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ___________ _,CONTRACTOR PART D -SPECIAL CONDITIONS ,f TEXAS OEPARlMENT OF HEALTH ~--)~ ____ DEMOLITION/ RENOVATION o ~ NOTIFICATION FORM r NOTE: CIRCLE ITEMS THAT ARE AMENDED T D H 0 NOTIFICATION# ________ _ ff 1) Aba tem en ! Con tractor:_~-------~~-------TDH License Number·~----,----- Ad dress: · City: Siaie: ----· zrp: ___ _ c Office PhOne Number: .__..__ _____ ,,,__-:Joi> Site. Phone Number ·..__ ____________ _ 1:t Site Stlpervisor: TOH Lice~a, Number:--------------u Site &Jporvisor: TOH License Number.. __ ....._--'"c"_......_ _______ _ s Trained On-Site NESHAP lndMdool : _______ ~ ______ Certific.i!ion Date: _______ _ n ,I y I'.) T A H p A D N e ,S H A f> 0 T 0 Ii D L Demolition Conkac:tor :.'-----------....,,.,.....-Office Phooe Numoor~=-----=-----Address : -Cil);: Sl$1e ; .. ___ ___,Zip ;. ___ _ 2) Project Consul1ant D£ Operator:. ____ --------~---TOH License, Number.. _____ _ M8:1ling Address: _____ ~-------------------~--------Clty: _ __ State : ____ Zi.p; ____ Office Phone Number:_-_ _._ _____ _ 3) FacllityOwner.._~----------------------~--------- Attontian: __ ---------------------=~------------- Mailing Add re:.s: _______ .,..._----------,-------,----------- City: Slate: Zip· _ Owner Phone Number._( _.)._... ___ _ .. Noto: Tho lnvoico for tho notification fee wlll be Ant to the owner of the: tiu(lctlng and the billing !:let.dress tor the Invoice will be obtato~d from tho tnform:iuon tMt Is providod In thls section. 4) Descriptioo or Facility Name=---------..,,.,....~------------~------- Ph~ic.il Address :_,..____,--,----------County: City: Zip: ___ _ Fadley Phooe Number F~cciiity Conitaci Person:~~~----------.... Oescrip l ion of Area/Room Number.. ___________________________ _ Prior Use :-------~~-----~Fuluta Use: __________________ _ Age of Building/Faclif1y: Srze: Number ofFkiora· Sdloot {K. 12): a YES Cf NO 5} Type of Work.; O Demolition o Renovation (Abatement) IJ Annual Consolidated Work will be during: C'l Day D Evening D Night Pha$ed Project ' Descripti on of work schedufo:. _____________________________ _ 6) Is this a PUbrlc Building? iJ YES NESHAP-Only Facility? D YES 0 NO Federal facl llty1 DYES D NO lridustrial Site? D YES ONO D NO Is Bull<:ling/Facility occupied? 0 YES tl NO 7) No1ification Type CHECK ONLY ONE V Origi nal (10 Working Days) Cancellation O Amendme.n:t o Emeryency/Ordcrcd r 0 I a ti <> n 7 0 '( E s If th.is is ao amer"tdmanl. which amendment rwmber Is this ?_ (Enc:lose: copy of orlgl)lal and'lor last amendment) Ii an emergenc'/, who did you talk with at TOH? -Emergency#: _____ _ Date and Hout or Emergency (HH /MMIDDIYY)·~-,---,--,.,.-- D8Ser1ption of tt,e SlJdden, unexpected event and explanatlon of how the event caused! unsafe conditions or Would Ca4Jse equ ipment dam~e (computets, maehinery. etc'----------·--· ----------~-- 8) oasctiption of procedures to be followed In the event 1hat UJ'lexpected asbestos is round or PfE!'I/T,QU$ly non-friable asbestos material becomes ctumblad. pul11etize<l, gr reduced to powder:--'--------------- 9) Was an Asbes tos survey performed? o YES a NO ru.te: . I T[)tl l11s~clor License No:. _____ _ : -, Analytical Method ; D PLM D TE~t D Ass·umedi TOH Labota~6iylicer'L$E! No :.,..,..,.-__,,.,....-- (For TAHPA (publfc buiklin!)) pr~iects: an_41ssumption m.ust be 11Jade by a TOH Ucens8dl Inspector) J O,) Description of planned de·moiition or reMva_tio,n ~ type '.* mete~~ and method(s), to ?6· used..._; ---~~-- 11} Doscription or work practices and engfneenng contrors to be used io prevent emissions of aabestos at the cfemolifion/renove1ion · ·; , 11/29/04 SC-58 11129/04 PART D -SPECIAL CONDITIONS 12} ALI:.. applicable Items in the fol lowing table must be completec;l : IF NO ASBESTOS PRESE!ltT CHECK HERE ,Apprqximate amount of Check un'lt ot measu rcment Asbestos-Containing Building Material 1--__ ...;..;As;;...b;;,;e;.;s~tos~---+--,.--.--....--,a-........,.='"""-l Type Pipes Surface Area RACM to b8 removed RACM NOT remove<! lntertor Cate l non,.fri'a b!e removed Exterior Cate o I non-friabte-removed Cate I non•friable NOT removed Inter ior cat ti non-friab ra remm•e<l Elctertor Catei:r II non-frisb l'e removed Cate II noo-fr:lable NOT remov ed RACM Olf-Facilily Component 13) Waste Transporter Na.m e: ~~~-------------TOH License Number.------Add'r ess: ___________ Ci ly: _________ S.tate: ___ Zip: ___ _ Coot.ic'I Perso!l: Phooa Number: ...__._ _______ _ 14) Waste Di~posal Site Name=---------,-::------------~---~----- Add r ess._· ------------=--City:_· _________ state: ___ Zip : ___ _ Telephone: ( TNRCC Permit Number. _______ _ 15) For structurally unsou nd facllltles, attach a copy of cfamolllion order c111d identify Governmental Offici al below: Nam e: · eglstratlon No:------------- Ti ll e;~--.,.,,....,...,,.,.,-,-,,--,_..-,---=-- Da1e of orde1 (MM.IDD!YY} I I Date order to begin (MM/DD/YY) --'---'-- 16) Scheduled Oates of Asbestos Aba tement (MM/DO/YY) Start: __ ....,/'----'''---CQmp!ete: _ _,I...__._ 17) Scheduled Dates DemolilionJRenovaoon (MMIDDNY) Slart: / Com.pletti:. __ /~-'---- .. ~ote: If the start. dale on this no~ficat1on ean n ot b4 mot, tho TDK ~[onal or Local Program office Must be conlactsd by phone• prior fo thtt stut date. FaJlure lo do so ls a vk,tatlon fn aec;orcfaneo lo TAHPA. Scetlon 2!35.61. I hereb~ cenify lhclt all inform atio n I have provided Is CO(rect, complete. ancl true to the best of my knowledge. I ecmDWledge that I am res:pons !b le for all aspects of the notificalion form, including , but not limi!if\9, cooten! and submlsslbn dates. The m<lximu m penalty i$ $10,000 pe r day pe r viofatloo . · (Signa1ure of Building O~nerf Operator a< Delegated CoosuJlant/Conttaciot ) MA IL TO : .. Faxos aro not accopred" (Printed Name) (Dale} ASBESTOS NOTIFICATLON SECTION TOXIC S·UBSTANCES CONTROl. DIVISION TEXAS DEPARTMENT OF HEALTH PO BOX 143538 AUSTIN, TX 78 714-l536 PH : 5124l34-6800, 1-800-572-5548 (Telephor,e) (Fax Nu mber) *F'tfx:cs arc not accept~ Form APB#5, dQte.d 07129/02. Replaces TOH fcrm dated 07113/01. For a.ssistante in campleJing form, aa111-80!J.?7~5548 , SC-59 PART DA DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 DA-7 DA-8 DA-9 DA-10 DA-11 DA-12 DA-13 DA-14 DA-15 DA-16 DA-17 DA-18 DA-19 DA-20 DA-21 DA-22 DA-23 DA-24 DA-25 DA-26 DA-27 DA-28 DA-29 DA-30 DA-31 DA-32 DA-33 DA-3.4 DA-35 DA-36 DA-37 DA-38 DA-39 DA-40 DA-41 DA-42 DA-43 DA-44 DA-45 DA-46 DA-47 DA-48 11 /02104 PART DA -ADDITIONAL SPECIAL CONDITIONS AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS ................... OMIT PIPELINE REHABILITATION CURED-IN-PLACE PIPE ............................................... .4 PIPE ENLARGEMENT SYSTEM ............................................................................ OMIT FO-LD AND FORM PIPE ................................................................................................ 9 SLIPLINING ............................................................................................................ OMIT PIPE INSTALLED BY OTHER THAN OPEN CUT ....................................................... 13 TYPE OF CASING PIPE .............................................................................................. 16 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR. ........................................ OMIT PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION ................... 17 MANHOLE REHABILITATI ON .................................................................................... 19 SURFACE PREPARATION FOR MANHOLE REHABILITATION ................................ 29 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM ............ OMIT INTERIOR MANHOLE COATING -QUADEX SYSTEM ......................................... OMIT INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM ...................................... 31 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM .................................... 33 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINEROMIT INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM ................................. OMIT RIGID FIBERGLASS MANHOLE LINERS .............................................................. OMIT PVC LINED CONCRETE WALL RECONSTRUCTION ........................................... OMIT PRESSURE GROUTING ........................................................................................ OMIT VACUUM TESTING OF REHABILITATED MANHOLES ............................................. 36 FIBERGLASS MANHOLES ........................................................................... .' ........ OMIT LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ..................... 39 REPLACEMENT OF CONCRETE CURB AND GUTTER ........................................... .40 REPLACEMENT OF 6" CONCRETE DRIVEWAYS ................................................... .40 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE ............................................ .40 GRADED CRUSHED STONES .................................................................................... 41 WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE ...................................................... OMIT BUTT J.OINTS -MILLED ........................................................................................ OMIT 2" H.M.A.C. SURFACE COURSE (TYPE "0" MIX) .................................................... .41 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER. ....................................... OMIT NEW 7" CONCRETE VALLEY GUTTER ................................................................ OMIT NEW 4" STANDARD WHEELCHAIR RAMP .............................................................. .42 8" PAVEMENT PULVERIZATION .......................................................................... OMIT REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) ..................... OMIT RAISED PAVEMENT MARKERS ................................................................................ 43 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING ................ .43 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL. ....... .47 ROCK RIPRAP -GROUT -FILTER FABRIC ......................................................... OMIT CONCRETE RIPRAP .............................................................................................. OMIT CONCRETE CYLINDER PIPE ANO FITTINGS ...................................................... OMIT CONCRETE PIPE FITTINGS AND SPE.CIALS ....................................................... OMIT UNCLASSIFIED STREET EXCAVATION ............................................................... OMIT 6" PERFORATED PIPE SUB DRAIN ...................................................................... OMIT REPLACEMENT OF 4" CONCRETE SIDEWALKS .................................................... .48 RECOMMENDED SEQUENCE OF CONSTRUCTION ............................................... .48 PAVEMENT REPAIR IN PARKING AREA .............................................................. .' ... .48 EASEMENTS AND PERMITS ...................................................................................... 49 ASC-1 DA-49 DA-50 DA-51 DA-52 DA-53 DA-54 DA-55 DA-56 DA-57 DA-58 DA-59 DA-60 DA-61 DA-62 DA-63 DA-64 DA-65 DA-66 DA-67 DA-68 DA-69 DA-70 DA-71 DA-72 DA-73 DA-74 DA-75 DA-76 DA-77 DA-78 DA-79 DA-80 DA-81 DA-82 DA-83 DA-84 DA-85 DA-86 DA-87 DA-88 DA-89 DA-90 DA-91 DA-92 DA-93 DA-94 DA-95 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS HIGHWAY REQUIREMENTS ..................................................................................... .49 CONCRETE ENCASEMENT ...................................................................................... .49 CONNECTION TO EXISTING STRUCTURES ............................................................ .49 TURBO METER WITH VAULT AND BYPASS INSTALLATION ............................. OMIT OPEN FIRE LINE INSTALLATIONS ....................................................................... OMIT WATER SAMPLE STATION ................................................................................... OMIT CURB ON CONCRETE PAVEMENT ........................................................................... 50 SHOP DRAWINGS ...................................................................................................... 50 COST BREAKDOWN .................................................................................................. 51 STANDARD STREET SPECIFICATIONS H .M.A.C. OVERLAY ................................... 51 H.M.A.C. MORE THAN 9 INCHES DEEP .................................................................... 51 ASPHALT DRIVEWAY REPAIR .................................................................................. 51 TOP SOIL .................................................................................................................... 51 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT .............. OMIT BIO Q.UANTITIES ........................................................................................................ 51 WORK IN HIGHWAY RIGHT OF WAY ........................................................................ 52 CRUSHED LIMESTONE (FLEX-BASE) ...................................................................... 52 OPTION TO RENEW .............................................................................................. OMIT NON-EXCLUSIVE CONTRACT .............................................................................. OMIT CONCRETE VALLEY GUTTER .............................................................................. OMIT TRAFFIC BUTIONS .................................................................................................... 52 PAVEMENT STRIPING ................................................................................................ 53 H.M.A.C. TESTING PROCEDURES ............................................................................ 53 SPECIFICATION REFERENCES ................................................................................. 53 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX ........................................................................................................ 53 RESILIENT-SEATED GATE VALVES ......................................................................... 54 EMERGENCY SITUATION, JOB MOVE-IN ............................................................ OMIT 1 1/z" & 2" COPPER SERVICES .................................................................................. 54 SCOPE OF WORK (UTIL. CUT) ............................................................................. OMIT CONTRACTOR'S RESPONSIBILTY (UTIL. CUT) .................................................. OMIT CONTRACT TIME (UTIL. CUT) .............................................................................. OMIT REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) ............................ OMIT TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) ............................................... OMIT LIQUIDATED DAMAGES (UTIL. CUT) ................................................................... OMIT PAVING REPAIR EDGES (UTIL. CUT) .................................................................. OMIT TRENCH BACKFILL (UTIL. CUT) .......................................................................... OMIT CLEAN-UP (UTIL. CUT) ......................................................................................... OMIT PROPERTY ACCESS (UTIL. CUT) ........................................................................ OMIT SUBMISSION OF BIDS (UTIL. CUT) ...................................................................... OMIT STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) ........................................... OMIT CONCRETE BASE REPAIR FOR UNIT 11 & UNIT Ill (UTlL. CUT) ......................... OMIT 2'' TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) ......................................................... OMIT ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) ....... OMIT MAINTENANCE BOND (UTIL. CUT) ...................................................................... OMIT BRICK PAVEMENT (UTIL. CUT) ............................................................................ OMIT LIME STABILIZED SUBGRADE (UTIL. CUT) ........................................................ OMIT CEMENT STABILIZED SUBGRADE (UTIL. CUT) ........................ , ......................... OMIT ASC-2 r. DA-96 DA-97 DA-98 DA-99 DA-100 DA-101 DA-102 DA-103 DA-104 DA-105 DA-106 DA-107 DA-108 DA-109 DA-110 DA-111 DA-112 DA-113 DA-114 DA-115 DA-116 DA-117 DA-118 DA-120 DA-121 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) .................................... OMIT "QUICK-SET" CONCRETE (UTIL. CUT) ................................................................ OMIT UTILITY ADJUSTMENT (UTIL. CUT) ..................................................................... OMIT STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT). OMIT LIMITS OF CONCRETE PAVEMENT REPAIR(UTIL. CUT) .................................. OMIT CONCRETE CURB AND GUTIER (UTIL CUT) .................................................... OMIT PAYMENT (UTIL. CUT} ....................................................................................... ." .. OMIT DEHOLES (MISC. EXT.) ........................................................................................ OMIT CONSTRUCTION LIMITATIONS {MISC. EXT.) ..................................................... OMIT PRESSURE CLEANING AND TESTING (MISC. EXT.) .......................................... OMIT BID QUANTITIES (MISC. EXT.) ............................................................................. OMIT LIFE OF CONTRACT (MISC. EXT.) ....................................................................... OMIT FLOWABLE FILL (MISC. EXT.) .................................................................................. 55 BRICK PAVEMENT REPAIR (MISC. REPL.) ......................................................... OMIT DETERMINATION AND INITIATION OF WORK (MISC. REPL.) ........................... OMIT WORK ORDER COMPLETION TIME (MISC. REPL.) ............................................ OMIT MOVE IN CHARGES (MISC. REPL.) ..................................................................... OMIT PROJECT SIGNS (MISC. REPL) .......................................................................... OMIT LIQUIDATED DAMAGES {MISC. REPL) .............................................................. OMIT TRENCH SAFETY SYSTEM DESIGN (Ml.SC. REPL.) ........................................... OMIT FIELD OFFIC.E ....................................................................................................... OMIT TRAFFIC CONTROL PLAN ........................................................................................ 52 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS ............ OMIT ABANDON EXISTING SANITARY SEWER MANHOLE .............................................. 56 SUBSURFACE EXPLORATION .................................................................................. 56 ASC-3 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 OMIT DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE A. WORK TO BE DONE: The work to be done under this contract consists of rehab il ita ti on of existing sewer lines by the Cure-in-Place Pipe Method or approved equal. Cured-in- place pipe consists of a res in impregnated flexible tube, coated with an elastomeric coating , when inverted into an existing sewer pipe through exist ing access manholes, and which, under proper hydrostatic and thermal conditions , is cured-in-place , becoming a structurally sound cured-in-place pipe . The thickness of the pipe will be dictated by the structural requirements of the sewer pipe with no loss of cross sectional area other t han the thickness of the resin-impregnated tube . The pipe will be impermeable to water, provide corrosion resistance, and an optimum friction factor for the sewer flow . Branch connections shall be reinstated by a remote controlled cutting device . The work consists of providing all labor, equipment, transportation, materials, and supervision necessary to : 1. Thoroughly clean sewers as required for the installation of the resin-impregnated tube. 2 . Inspect sewers by closed c ircuit color television (CCTV), including identifying and marking the location of each service connection . Cost subsidiary to Pre- Construction TV Inspection . 3. Notify residents at least 48 hours prior to service interruption. 4 . Install the resin-impregnated tube of the correct thickness as specified . 5 . Cut out all service connections by remote cutters and restore service within 18 hours . 6 . Re-inspect by CCTV to verify satisfactory completion of work at time. of lateral reinstatement. Cost subsidiary to Post-Construction TV lnspectlon . 7. Pump around all dry and wet weather flows to accommodate the process at each separate installation, as required . 8. Comply with all appropriate governmental agencies ' regulations regarding traffic, safety procedures and permits, the cost of which is the respons ibility of the Contractor. B. MATERIALS: The fiber felt tube shall be fabricated ta a size that when installed will tightly fit the internal circumference of the conduit specified by the Owner. Allowance for circumferential stretching during inversion shall be made and shall meet ASTM-1216. 11/0 2104 The minimum length shall be that deemed necessary by the Contractor to effe.ctively span the distance from the inlet ta the outlet of the respective manholes , unless otherwise specified . The Contractor shall verify the lengths in the field before impregnation . ASC-4 PART DA -ADDITIONAL SPECIAL CONDITIONS Individual inversion may be made over one or more manhole sect ions, as determined in the field by the Contractor. Unless otherwise spec ified , the Contractor shall furn ish a general purpose unsaturated polyester resin and catalyst system that meets ASTM standards and the fin ished cu red physical strengths specified . C. REQUIRED THICKNESS OF CURED-IN-PLACE PIPE: The t hickness of the pipe will be determined from information supplied or manufacture's recommendation for the condit ion of the existing pipe. Should pre-installation inspections reveal the sewers to be in substantially different cond itions than those in the design considerations , the Contractor can request such changes in pipe thickness , supporting such request with design data in accordance with the pipe manufacturer's standard design criteria as follows : Sewer Diameter 6 " 8" 10" 12" 15" 18" 21 " 24" 30 " 36 " 42 " 48 " 54 " 60" LINER THICKNESS Pipe Invert Pipe Invert Depth up to 1 O' Depth 10'-15 ' (also the minimum) 4.5mm 4.5mm 6.0mm 6 .0mm 6.0mm 6 .0mm 6.0mm 7.5mm 7.5mm 9.0mm 9.0mm 12.0mm 10 .5mm 13.5mm 12 .0mm 15 .0mm 15.0mm 18.0mm 16.5mm 21.0mm 19 .5mm 24 .0mm 22 .5mm 28 .5mm 25 .5mm 30.0mm 28 .5mm 34 .5mm Pipe Invert Depth Over 15 ' 4 .5mm 6 .0mm 7.5mm 9 .0mm 10 .5mm 13 .5mm 15 .0mm 16 .5mm 21 .0mm 24 .0mm 28 .5mm 33 .0mm 36 .0mm 39 .0mm D. PREPARATORY WORK: The installation procedures shall be as follows unless otherwise approved by the City . 1. 2. 11/02104 Safety -The contractor shall carry out his operations in strict accordance with all safety requirements . Particular attention is drawn to those safety requirements that involve working with scaffolding and entering confined spaces . All easements s.hall 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 ASC-5 PART DA -ADDITIONAL SPECIAL CONDITIONS Contractor, it shall be the Cont ractor '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 . If a street must be closed to traffic because of the orientation of the sewer, the Department of Engineering shall institute the actions necessary to do this for the mutually agreed upon time period. 3. Before using any water from the City of Fort Worth, the Contractor shall be responsible for the water meter and related charges for the set up, includ ing the water usage bill . All expenses shall be considered incidental to cleaning . 4 . Clean ing of Sewer Line -It shall be the responsibility of the Contractor to remove all internal debris out of the sewer lines and flush the sewer lines clean, dispos ing of debris off-site . Debris is not to be washed downstream into other sewers. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at no additional cost to the City. It is the responsibility of the Contractor to secure a legal dump site for the disposal of this material. All materials shall be removed from the site no less often than at the end of each work day . All cost for the above-described work shall be pa id for by the price bid per linear foot for Cleaning and Television Inspection. 5. Inspection of Pipelines -Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles , and service connections by closed circuit color television. Television inspection shall be in accordance with the specifications contained herewith for "Pre-and Post-Construction Televis ion Inspection of Sanitary Sewer Lines". E. INSTALLATION OF THE RESIN IMPREGNATED TUBE : 1110 2104 1. The Contractor shall designate a location where the uncured resin in the orig inal containers and the unimpregnated fiber-felt tube will be vacuum impregnated prior to installation. The Contractor shall allow the Owner to inspect the materials and "wet-out" procedure . A resin and catalyst system compatible with requirements of th is method shall be used . The quantities of the liquid thermosetting materials shall be per manufacturer's standards to provide the wall thickness specified . All felt shall be impregnated under vacuum . 2. The wet-out fiber felt tube shall be installed through an existing manhole or other approved access by means of an inversion process and the application of a hydrostatic head sufficient to fully extend it to the next designated manhole . T he impregnated tube shall generally be inserted into the vertical inversion standpipe with the impermeable plastic membrane side out. At the lower end of the inversion standpipe , the felt tube shall be turned inside out and attached to the standpipe so that a leak-proof seal is created . The inversion head will be adjusted to be of sufficient height to cause the impregnated tube to invert from manhole to manhole and hold the tube tight to the pipe wall and produce dimples at the side, connections. A lubricant, if used, shall be as approved by manufacturer's standards . Manufacturer's standards shall be closely followed during the elevated temperature curing so as not to over-stress the felt fiber and cause damage or failure prior to cure . In certain cases, the Contractor may elect to use a tap inversion . ASC-6 PART DA -ADDITIONAL SPECIAL CONDITIONS 3. Curing : After inversion is complete, the Contractor shall supply a suitable heat source and water or steam recirculation equipment. The equipment shall be capable of delivering hot water or steam throughout the section by means of a pre- strung hose, which has been perforated per manufacturer's recommendations, to uniformly raise the water temperature above the temperature required to effect a cure of the resin. This temperature shall be determined by the resin/catalyst system employed and shall be per manufacturer's standards. 4 . The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water or steam supply . Another such gauge shall be placed at the remote manholes to determine the temperatures during cure . Initial cure shaU be deemed to be completed when inspection of the exposed portions of the cured-in-place pipe appear to be hard and sound. The cure period shall be of a duration recommended by the resin manufacturer, as modified for the inversion process, during which time the recirculation of the water and/or steam and cycling of the heat exchanger to maintain the temperature continues. 5. Cool-down : The Contractor shall cool the hardened cured-in-place pipe to a temperature below 100 F before relieving the static head in the inversion standpipe. Coal-down may be accomplished by introducing cool water into the inversion standpipe to replace water or steam being drained from a small hole made in the downstream end . Care shall be taken in the release of the static head so that a vacuum will not be developed that could damage the newly installed cured-in-place pipe . F. SERVICE CONNECTIONS : After the pipe has been installed, the Contractor shall reconnect the active service connections. This shall generally be done without excavation, and , in the case of non-man entry pipes, from the interior of the pipeline by means of a television camera and a cutting device that re-established them to not less than 90 percent capacity . Existing services shall be reinstated within 18 hours of installation . Should internal reinstatement not be possible, the services must be reconnected externally by excavation immediately. Service s.aqdles acceptable to the Engineer shall be utilized . Backfill at service connections shall be cement stabilized (2 sacks per cubic yard) to a point 12 inches above the service lateral to trench intersection and shall be in accordance with these specifications. Each reconnection shall be paid for separately. Six inch sewer lines shall have service connections completed by external means . Contractor may re-connect the 6" sewer line connections by internal means in special cases with the approval of the Engineer. G. ACCEPTANCE: The finished cure-in-place pipe shall be continuous over the entire length of an inversion run between manholes and be smooth and free from substantial wrinkles, as well as defects, and improper house connections. Should any of these defects occur, the line shall be excavated, repaired and/or replaced and complete restoration made to the satisfaction of the City at no additional cost. The watertightness of the pipe shall be tested for leaks under a positive head during cure with allowances being made for end leakage and temperature effects . H. CLEAN-UP: Upon acceptance of the installation work and testing, the Contractor shall restore the project area affected by his operations to original or better conditions. 11102104 ASC-7 PART DA -ADDITIONAL SPECIAL CONDITIONS I. PATENTS : The Contractor shall warrant and save harmless the City and all of its officers, agents , and employees against all claims for patent infringement and any loss thereof. J. SPECIAL NOTES : The Contractor shall be liable for damages to the homes or basements from backups which may result during the installation of new pipe . K. MEASUREMENT AND PAYMENT: 1. 2. 3. 4 . 5 . 6 . 7 . 11 /02/04 Cured-in-Place Pipe (GIPP) Installation : GIPP installation will be measured for payment by the linear foot of GIPP actually installed in the various diameters of sewers measured along the centerline of the sewer from centerline to centerline of manholes . Payment will be made for the quantities measured at the unit price per linear foot for the various sewer diameters listed. Service Reconnection: Payment will be made for the quantities measured at the unit price per each listed in the bid proposal. Payment shall include all labor, materials , and the lateral connection , including all nece.ssary pipe and fittings to connect . the existing service line . Payment shall not include pavement replacement, which if required, shall be paid separately . Television Inspection and Cleaning : Special Condition for Post-Construction Television Inspection applies. Sewer Cleaning by Bucket Machine: Heavy cleaning requiring more than hydraulic jet cleaning shall be performed by bucket machines . The payment for such cleaning shall be included in the bid item for Pre-Construction Television Inspection of Sanitary Sewer. By-Pass Pumping : The Contractor shall provide diversion for the flow of sewage around the section or sections of pipe designated for the inversion of the resin- impregnated tube . The pumps and by-pass lines shall be of adequate capacity and size to handle all flaws. All costs for by-pass pumping required during installation of the pipe shall be subsidiary to the pipe reconstruction item. Point Repairs : Point repairs shall be made before or after a cured-in-place pipe installation at the Contractor's option. Point repairs shall be conducted only if mutually agreed to by the Department of Engineering and the Contractor prior to acceptance of the line for reconstruction . Before any excavation is done for any purpose , it will be the responsibility of the Contractor to check with various utility companies and determine the location of their facilities . Point repairs s.hall be measured and paid for by the linear foot for the appropriate depth of cut. Payment shall include all labor, material and equipment for pipe replacement according to standards . Subsidiary Work : Any damage resulting to utilities and property, resulting repairs, temporary service costs , etc .• shall be borne by Contractor. Repair and/or replacement of fences. sprinkler system piping and other such restoration work resulting from Contractor activities shall be considered subsidiary to the cost of the project and no additional payment will be allowed . ASC-8 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-3 OMIT DA-4 FOLD AND FORM PIPE A. GENERAL: 1. Description : The Contractor shall utilize the installation of polyethylene or PVC sewer lines to restore the watertight condition of sanitary sewer lines . B. MATERIALS: 11/02104 1. Polyethylene Liner Material: The polyethylene liner material shall be a high density polyethylene pipe compound which conforms to ASTM D-1248 . The polyethylene pipe liner shall meet manufacturer's standards. The lining shall be a hard impermeable pipe which shall conform to the minimum structural standards applicable, including ASTM D-368 for 3,300 psi tensile stress, ASTM D-638 for 4,500 psi for flexural stress, and ASTM D-790 for 145,000 psi for modules of elasticity . The finished liner shall incorporate materials which will withstand the corrosive effects of normal sewage. The Contractor shall provide a written guarantee of his compliance with these standards. The liner shall be light in color ta facilitate closed circuit television inspection. 2 . Polyvinyl Chloride (PVC) Liner Material : Polyvinyl pipe shall conform to ASTM 03034 . The PVC compound used for the folded pipe shall conform to ASTM 01784 classification 12334-B, 12344B or 12454B or C. Compounds that have different cell classifications which are superior ta those of the specified compounds are also acceptable . The lining shall conform to the minimum structural standards applicable including ASTM D-790 for 6,000 psi flexural stress and 350,000 psi modulus of elasticity . 3. Sizing of the Liner. The liner diameter, length and wall thickness shall be appropriate for each designated location. The Contractor shall verify the actual sewer lengths and diameters in the field prior to cutting the liner to length and sizing the diameter. a. b . C . The liner shall be fabricated to a size that when installed will neatly fit the internal circumference of the sewer to be lined. Allowance for circumferential stretching of the liner during insertion shall be made as per manufacturer's standards. The length of liner shall be that deemed necessary by the Contractor to effectively carry out the insertion and seal the liner at the inlet and outlet points. When reformed, the hardened liner should extend from end to end of the sewer segment being lined in a continuous tight fitting watertight pipe-within-a-pipe. The wall thickness of the folded pipe liner shall conform to the design criteria of the manufacturer or the licensee; however, the minimum wall thickness shall conform to the following table: ASC-9 PART DA -ADDITIONAL SPECIAL CONDITIONS Existing Pipe I.D. Minimum Wall (inches) Thickness (inches) 6 0.236 8 0.265 10 0.331 12 0.392 C. EXECUTION : 1. General : Liner installation shall be accomplished by pulling the liner through the existing sanitary sewer pipeline utilizing a power winch and ste.el cable with an appropriate pulling head at the end of the liner. Rounding of the liner shall be accomplished by utilizing a heat source such as water or steam with a rounding device to reform the folded pipe into a hard, impermeable round pipe. 2 . Preliminary Cleaning and Inspection: 3 . 4. a. Prior to any lining of designated sanitary sewer line segments, the Contractor shall remove internal deposits as necessary to assure proper liner installation . b. Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles, and service connections by closed circuit television . The interior of the pipeline shall be carefully inspected ta determine the location and extent of any structural failures , which may prevent proper installation of lining materials into the pipelines and location of service laterals. c . It shall be the responsibility of the Contractor to clear the line of obstructions such as solids, roots, dropped joints, protruding branch connections or broken pipe that will prevent the insertion of the liner. If inspection reveals an obstruction not indicated in these specifications t hat cannot be removed by conventional cleaning equipment, then the Contractor shall notify the Engine.er. The Engineer may authorize an excavation in order to remove such obstruction . Documentation : Special Conditions for Pre-and Post-Construction Television inspection apply , items D-35 and D-38 , respectively . Flow Bypassing : The Contractor, when required, shall provide for the transfer of flow around the section or sections of pipe that are to be lined. The bypass shall be made by diversion of the flow at an existing upstream access point and pumping the flow Into a downstream access point or adjacent system . The pump and bypass lines shall be of adequate capacity and size to handle the flow. The proposed bypassing system shall be approved in advance by the Owner. AH costs of flow bypassing shall be considered incidental to cost of rehabilitating the pipe . . 5. Notification of the Public: The Contractor shall notify all Property Owners affected by the liner installation work at least 48 hours prior to commencement of the work which will temporarily plug the sanitary services of the Property Owners connected 11/02104 ASC-10 11102/04 PART DA -ADDITIONAL SPECIAL CONDITIONS to the sewer line segment being lined . Notification shall be by written notice and , when possible, shall be verbal, also . Customer complaints during installation shall be resolved by the Contractor. 6 . liner Installation: a. The liner shall be inserted into the existing sewer line with a power winch and steel cable connected to the end of the liner by use of an appropriate pulling head . A second pulling head may be attached to the other end of the liner for attachment of a tag line to pull the liner back out of the sewer line, if necessary. Precautions should be taken during insertion to protect the liner pipes to prevent scoring the outside of the liner as it is being pulled into the sewer. b. Prior to reforming the liner, "O" Ring gaskets shall be installed on the liner at each manhole connection. c. After insertion is completed, the installer shall supply a suitable heat/pre.ssure source and water recirculation equipment. The equipment shall be capable of delivering water/pressure throughout the section to uniformly raise the water temperature above the temperature required to reform the liner. d . The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water supply . e . The installer shall cool the liner to a temperature below 100 F before relieving the reforming pressure. Cool down may be accomplished by the introduction of cool water or other approved method into the recirculation network. f. The finished lining shall be continuous over the entire length of an insertion run and be free from visual defects such as foreign inclusions and pinholes.. The lining s.hall be impervious and free of any leakage from the pipe to the surrounding ground or from the ground to the inside of the lined pipe. Any defects which will affect, in the foreseeable future, or warranty period, the integrity or strength of the linings, shall be repaired at the Contractor's expense, in a manner mutually agreed by the Owner and the Contractor. 7. Completion of lining: a. After the liner has been reformed, the Contractor shall reconnect the existing active service connections. This shall be done from the interior of the pipeline by means of a television camera and a cutting device that re- establishes their operability or by excavation. Any bypass pumping that is required shall be provided at no additional cost for sewer lines where lining is being performed . Service interruptions to any homes tributary to this sewer line shall not exceed 18 hours. Connection of the service lateral by excavation shall be made with a Neoprene Gasket Saddle which inserts ASC -11 PART DA -ADDITIONAL SPECIAL CONDITIONS into the lined pipe for a watert ight fit. Backfill at service connections s hall be cement stabil ized sand (2 sacks per cubic yard) to a point 12 inches above the service. lateral to trench intersection and shall be in accordance with these specifications . . b . Excavation pits for externally reinstated service laterals shall remain open for 24 hours after reinstatement of the service . The Contractor shall be responsible for verifying that shrinkage of the polyethylene sewer liner has not occurred. c . The water tightness of the liner shall be gauged wh il e the liner is curing , and under a positive head . After the work is completed, the Contractor will provide the Owner with a video tape showing both the before lined and after lined conditions, including the restored connections . Upon completion of the installation work after required testing ind icates the lining is acceptable, the Contractor shall reinstate the project area affected by his operations and perform any surface restoration in accordance with these Specifications . 8 . Special Notes : The installer shall be liable for damages to the homes or basement from backups which may result during the installation of the liner. Installer wil l be allowed to open clean outs . D. MEASUREMENT AND PAYMENT: 1. 2. 3 . 4. 5 . 1110 2/04 Liner Installation : Liner installation will be measured for payment by the linear foot of liner actually installed in the various diameters of sewers measured along the centerline of the s.ewer from centerline to centerline of manholes . Payment will be made for the quantities measured at the unit price per linear foot for the various sewer diameters listed . Service Reconnection : Payment will be made for the quantities measured at the unit price per each listed in the bid proposal. Payment shall include all labor, materials , and the lateral connection, including all necessary p ipe and fittings to connect the existing service line . Payment shall not include pavement replacement , wh ich if required , shall be paid separately. Telev ision Inspection arid Cleaning: Special Conditions for Pre-and Post- Construction Television Inspection apply , Part D -Special Conditions D-35 and 0- 38 , respectively . Sewer Clean ing by Bucket Machine: Heavy cleaning requiring more than hydraulic jet cleaning shall be performed by bucket machines. The payment for such cleaning shall be included in the bid item for Cleaning and Television Inspection of Sanitary Sewer Lines . By-Pass Pumping : The Contractor shall provide diversion for the flow of sewage around the section or sections of pipe designated far rehabilitation . The pumps and by-pass lines shall be of adequate capacity and size to handle all flows . All ASC-12 PART DA -ADDITIONAL SPECIAL CONDITIONS costs for by-pass pumping required during installation of the pipe shall be subsidiary to the pipe reconstruction item. 6. Point Repairs: Paint repairs shall be made before or after liner installation at the Contractor's option. Point repairs are available for payment only if mutually agreed by the Department of Engineering and the Contractor prior to acceptance of the line for reconstruction . Before any excavation is done for any purpose, it will be the responsibility of the Contractor to check with various utility companies and determine the location of their facilities . Paint repairs shall be measured and paid for by the linear foot far the appropriate depth of cut. Payment shall include all labor, materials, and equipment for pipe replacement according to FWWD standards . 7. Subsidiary Work: Any damage resulting to utilities and property, resulting repairs, temporary service costs. etc .. shall be borne by Contractor. Repair and/or replacement of fences , sprinkler system piping and other such restoration work resulting from Contractor activities shall be considered subsidiary to the cost of the project and no additional payment will be allowed. DA-5 OMIT DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT A. GENERAL: 1. Furnish materials and necessary accessories, with strengths, thickness, coatings , and fittings indicated , specified and/or necessary to complete the work. 2. All excavation shall provide an open area conforming to the outside diameter of the casing and/or carrier conduit. The excavation shall be to an alignment and grade which will allow the carrier conduit to be installed to proper line and grade as shown on the Plans and as established in the Specifications. 3 . Work shall be performed in accordance with the requirements of the City of Fort Worth Water Department, the Texas Department of Transportation, or railroad company, as applicable. B. MATERIALS: 11/02104 1. Casing Pipe: Casing pipe shall be steel conforming to ANSI 836.10 and the following : a . b . C. d . Field Strength: 35 ,000 psi minimum. Wall thickness: 0.312 in. minimum (0 .5 for railroad crossings}. Diameter: As shown on the drawings (minimum size requirements.). Joints: Continuous circumferential weld in accordance with AWS D1 .1 . ASC-13 PART DA -ADDITIONAL SPECIAL CONDITIONS 2. Carrier Pipe in Casing : Carrier pipe shall be as shown on drawings and as spedfied in the General Contract Documents . 3. Sewer Pipe without Casing Pipe : Shall be minimum Class 51 ducti le iron pipe , or as designated on the plans . 4. Grout: Grout shall be Portland Cement grout of min. 2000 psi compressive strength at 28 days. Proportioned not less than 1 cu . ft . of cement to 3 cu . ft. of fine sand with sufficient water added to provide a free flowing thick slurry . C. EXECUTION 11/02104 1. Where sewer pipe is required to be installed under railroad embankments or un der highways , streets or other facilities in other than open cut, construction shall be performed in such a manner so as to not interfere with the operation of t he railroad, street , highway , or other facility , and so as not to weaken or damage any embankment or structure . During construction operations , barricades and lights to safeguard traffic and pedestrians shall be furnished and maintained , until such t ime as the backfill has been completed and then shall be removed from the site. 2. Pits and Trenches : a. If the grade of the pipe at the end is be low the ground surface , suitable pits or trenche.s shall be excavated for the purpose of conducting the jacking or tunneling operations and for placing end joints of the pipe . Wherever end trenches are cut in the sides of the embankment or beyond it, such work shall be sheeted securely and braced in a manner to prevent earth from caving in. b. The location of the pit shall meet the approval of the Engineer. c. The pits of trenches excavated to facil itate these operations shall be backfilled immediately afte.r the casing and carrier pipe installation has been completed . 3. Boring and Jacking Steel Casing Pipe : Steel casing pipe shall be installed by boring hole with the earth auger and simultaneously jacking pipe into place. a . The boring shall proceed from a pit provided for the boring e.quipment and workmen. The holes are to be bored mechanically . The boring shall be done using a pilot hole . By this method an approximate 2-inch hole sh all be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot hole shall serve as the centerline of the larger diameter hole to be bored. Other methods of maintaining line and grade on the casing may be approved if acceptable to the Eng ineer. Excavated material shall be placed near the top of the working pit and disposed of as required. The use of water or other fluids in connection with the boring operation will be permitted only to the extent required to lubricate cuttings . Jetting or sluicing will not be permitted. ASC-14 11 /02104 PART DA -ADDITIONAL SPECIAL CONDITIONS b. In unconsolidated soil formations, a gel-forming colloidal drilling fluid consisting of at least 10 perce.nt of high grade carefully processed bentonite may be used to consolidate cuttings of the bit , seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. c. Allowable variation from the line and grade shall be as specified under paragraph A.2. All voids between bore and outside of casing shall be pressure grouted . 4 . Installation of Carrier Pipe in Casing: a . Sanitary sewer pipe located within the encasement pipe shall be supported by "skids" or "bands" to prevent the pipe and bells from snagging on the inside of the casing, and to ke.ep the installed line from resting on the bells . b . All skids shall be treated with a wood preservative. Skids should extend for the full length of the pipe with the exception of the bell area and spigot area necessary for assembly unless otherwise specified . c . The Contractor shall prevent over-belling the pipe while installing it through the casing. A method of restricting the movement between the assembled bell and spigot where applicable shall be provided . d . At all bored, jacked , or tunneled installations, the annular space between the carrier pipe and casing shall be filled with grout. Care must be taken that not too much water is forced into the casing so as not to float the pipe. The backfill material will not be required unless specified on the plans and specified by the Engineer. e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing as shown on the drawings or as required by the Engineer. 5 . Boring and Jacking Ductile Iron Pipe without Casing Pipe : a . b . C. d . As indicated on drawings and as required and directed by the Engineer sewer shall be constructed of bare and jacked ductile iron pipe . When a casing pipe is not designated on the drawings, the contractor shall provide a casing pipe if necessary to achieve line and grade. Casing pipe shall be provided at no additional cost and shall be subsidiary to the cost bid for installation By Other than Open Cut. Bore and jack in accordance with paragraph C.3 . above. Short length of sewer consisting of a single pipe section may be installed by jacking without a bore hole if permitted by the Engineer and in soft soil layer. AIi voids outside of installed pipe shall be pressure grouted. ASC-15 PART DA -ADDITIONAL SPECIAL CONDITIONS 6. Tunneling : Where the characteristics of the soil, the size of the proposed pipe, or the use of monolithic sewer would make the use of tunneling more satisfact ory than jacking or boring, or when shown on the plans., a tunneling method may be used, with the approval of the Engineer or railroad/highway officials . a. When tunneling is permitted, the lining of the tunnel shall be of sufficient strength of support the overburden . The Contractor shall submit the proposed liner method to the Engineer for approval. The tunnel liner design shall bear the seal of a licensed professional engineer in the St ate of Texas . Approval by the Enginee.r shall not relieve the Contractor of the responsibility for the ade.quacy of the liner method . b. The space between the tunnel liner and the limits of excavation shall be pressure grouted or mud-jacked. c. Access holes for placing concrete shall be space at maximum intervals of 10 feet D . MEASUREMENT AND PAYMENT: Installation of pipe. by other than open cut will be measured by the linear foot of pipe , complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed. The work performed and materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type., size, and class of pipe specified as shown on plans. The furnishing of all materials, pipe , liner materi als required for installation, for all preparation, hauling and installing of same, and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be i ncluded in the Contract Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement , which if required, shall be paid separately. DA-7 TYPE OF CASING PIPE 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe , and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects . The steel casing pipe shall be supplied as follows : A. For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2 .2 and related sections in AWWA C-203 . B . Touch-up after field welds shall provide coating equal to those specified above . C . Minimum thickness for casing pipe used shall be 0.375 inch . Cas.i ng Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company, Advanced Products and Systems, Inc., or an approved equal shall be used on all non- 11102104 ASC-16 PART DA -ADDITIONAL SPECIAL CONDITIONS concrete pipes when installed in casing. Installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 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. DA-8 OMIT 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 received interior coating are listed on the construction drawings. The structures are to be coated, including interior wall , top and bench surfaces. Protective coating for corrosion protection shall meet the requirements of this Specification (and items DA-14 and DA-15) and the Manufacturers recommendations and specifications. 2. Description: The Contractor shall be responsible far 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. 2 . 11102/04 Scope: This section governs the materials required for completion of protective coating of designated structures. 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 s.ystems and designated as Raven 405. ASC-17 PART DA -ADDITIONAL SPECIAL CONDITIONS 3. Specialty Cement (If required for leveling or filling): The specialty cement-based coating material shall be either Quadex QM-1 s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials. 4 . Material. Identification: The protective coating material sprayed onto the surface of the structure shall be a urethane or epoxy resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the minimum physical properties as follows : Property T ensiJe Strength Flexural Stress Flexural Modulus Standard ASTM D-638 ASTM D-790 ASTM D-:790 Long Term Value 5,000 psi 10 ,000 psi 550,000 psi 5. Mixing and Handling: Mixing and Handling of specialty cement material and prate.ctive coating material, 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 ta 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: 11 /02104 1. General : Protective coating shall not be installed until the structure is complete and in place . 2. Preliminary Repairs : a. All foreign materials shall be removed from the interior of the structure using high pressure water spray (3500 psi to 4000 psi at spray tip). b. All unsealed lifting holes, unsealed step hales, 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 . b. 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 . The protective coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. ASC-18 PART DA -ADDITIONAL SPECIAL CONDITIONS 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 , app ly specialty cement product to provide a smooth surface far the coasting material. 4) Spray the urethane or epoxy onto the structure wall and bench/trough to a minimum uniform thickness of 125 mils (0 .125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. After the walls are coated , the wooden bench covers shall be removed. 5) The final application shall have a minimum of three (3) hours cure time or be set hard to the touch , before being subjected to active flow. 6) No applications shall be made ta frozen surf aces or if freezing is expected to occur inside the structure within 24 hours afte r application. 4 . Testing of Rehabilitated Manholes: Testing of rehabilitated manholes for watertightne.ss shall be performed by the Contractor after operations are comp lete in accordance with the Section D-36 -VACUUM TESTING OF SANITARY SEWER MANHOLES . D. MEASUREMENT AND PAYMENT: Payment shall be based on the Contract Unit Price Bid per vertical foot, measured from the bottom of the frame to the top of the bench . The Contract Unit Price shall be payment in full for performing the work and for furnis.hing all labor, supervision , materials , equipment and material testing required to complete the. work . Pressure grouting , if necessary to stop active infiltration prior to appl ication 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 Eng ineer , shall be paid for separately, as specified in Section DA-10 , MANHOLE REHABILITATION . DA-10 MANHOLE REHABILITATION A. GENERAL 1. Scope . This section covers the rehabilitat ion of sanitary sewer manholes and other appurtenances in accordance with the Manhole Rehabilitation Details in the specifications . The rehabilitation requirements for each manhole are listed in the Manhole Rehabilitation Schedule in the specifications. Manhole rehabilitation includes repairing , replacing , or restoring manhole frame & cover, frame seal , chimney , corbel , wall , bench , invert and/or pipe seal(s). 11 /02104 The Contractor shall furnish all labor, supervision , materials , equipment and testing required to complete the rehabilitation of the manholes listed in these Contract Documents . ASC-19 PART DA -ADDITIONAL SPECIAL CONDITIONS 2 . General: Contractor is responsible for locating all manholes scheduled for rehabilita tion . Contractor shall notify City Engineer if a manhole cannot be located . Contractor shall contact City Engineer to determine if materials removed from rehabilitated manholes will remain the property of the Owner. If s.o, Contractor shall coordinate when and where to deliver salvaged material to the Fort Worth Water Department. If not, Contractor sha ll be responsible for disposal of material. Contractor shall provide watchmen, barricades and warning signs to protect his workers , inspectors, and the public . Contractor shall, at no additional cost to the Owner, replace any portion of an existing manhole that is damaged during rehabil itation of the manhole . Contractor shall provide necessary means to prevent wastewater flow from contacting material used for rehab ilitation prior to fully curing . Loose and broken brick and mortar shall be removed immediately from the manhole to el iminate the possibility of pieces entering the sewer lines . 3. Subm ittals : a. Product Information . Contractor shall submit manufacturer's information on products proposed to be used that are not spe.cifically named in the Contract Documents . b. Personnel Qualifications . Prior to starting manhole coat ing , Contractor shall submit qualifications of personnel that will be performing wall repairs and coa ting procedures . Proposed personnel shall verify certification with in the last two years by the coating manufacturer and verify working on at least three projects with similar coating within the previous 12 months . c. Work Schedule. Prior to be.ginning work on bench and invert replacements , complete manhole replacements , or construction of new maintenance manho les, Contractor shall submit for review by Owner's Representative a plan for maintaining wastewater flow without any interruptions. Contractor shall ma intain wastewater fl ow at all times . 4 . Qual ity Assurance . Contractor will be responsible for all testing laboratory services in connection with data required for rev iew of materials proposed to be used in the Work. Contractor shall obtain Engineer's acceptance of the testing laboratory before having s.ervices performed and shall pay for all costs for testing . Owner may , at his discretion, perform quality control tests on materials during and after their incorporation in the Work. If any of these tests fail, Contractor will be responsible for correcting situation and shall pay for any retest. All costs for quality assurance testing will be subsidiary to the Work. 5. Delivery, Storage , and Handling. Upon delivery, all material shall immediately be stored and protected until installed in the Work. All material shall be labeled and stored in · accordance to the manufacturer's recommendations and all local, state , and federal regulations . 6 . Testing . All rehabilitated manholes shall be tested in accordance with Sect ion D-63. B. MATERIALS 1. Cleaners : 1110 2104 ASC-20 11 /02104 PART DA -ADDITIONAL SPECIAL CONDITIONS 2 . Water Cleaners Wall , Bench , Trough , Grouting , and Pipe Seal Repa ir Hydraulic Cement Quick-setting Mortar Urethane Gel Grout Cementitious Grout Material Activated Oakum Clean and free from deleterious substances. Detergent, muriatic acid or approved equal. Strong-Seal Plug, Penny Grout, IPA "Octocrete", or approved equal. Strong-Seal QSR, Rapid Set , or approved equa l. Scotch-Seal "5610 and 5612" or approved equa l. Sauereisen Cements "F-100 Grout" or approved equal. 3M Scotch Seal "5600" or approved equal. Two-Part Epoxy Adhesive Coating American Chemical Corp. "Aquatapoxy" or approved equal. Concrete Bonding Agent ThoroSeal "Acryl 60" or approved equal. Concrete 3. External Manhole Coating Coal Tar 4 . Internal Manhole Coatings Nan-cementitious Cementitious 5 . Frames, Covers , and Inserts Manhole Frames and Cavers 6 . 7 . 8 . Watertight Manhole Frames and Covers Manhole Insert -Polyethylene Manhole Insert -Stainless Steel Fiberg lass Manhole Liner PVC Lined Concrete Wall Reconstruction Joint Material Adjustment Rings ASC-21 Material in accordance with City of Fort Worth Water Department General Contract Documents . Tnemec "46-450 Heavy Tnemecol", Kop Coat "Bitumastic Black Solution", or approved equa l. Sprayroq "Spray Wall" or Raven 405. Standard Cement Materials "Reliner MSP" or Quadex "QM-1 su. McKinley "Type N with indented tap", Neenah "R1726A", or approved equal. Neenah "R1915-E, Type L" or approved equal. Corrosion-proof high density polyethylene, 1/8" thick in accordance with Fort Warth Water Department General Standards E100- 4 . Southwestern Packing & Seals, Inc., "T etherlak". Material in accordance with Section DA-15 of these specifications. Materi al in accordance with Section DA-16 of these specifications . Single-piece, precast concrete, ASTM C478 , 2" min . thickness. PART DA -ADDITIONAL SPECIAL CONDITIONS Bi tumastic Gasket Material Bitumastic Trowelable Material 9. Miscellaneous Root inhibitor C. EXECUTION RAM-NEK, EZ-STIK or approved equal. GS-702 compound or approved equal. Dichlobenil 2,6 -dichlorobensonit ri le , or approved equal. 1. Inspection . Prior to beginning the Work on a manhole , the Contractor shall inspect the manhole and notify City Eng ineer if actual conditions are in confl ict with Manhole Rehabilitation Schedule. After City Engineer revises schedule , Contractor shall commence with Work. 2. Manhole Rehabilitation Repairs . Each manhole listed in the Manhole Rehabilitation Schedule will be repaired with at least one of the following repair methods. The requirements for each repair shall be completed as described in this section and as indicated on the Manhole Rehabilitation Details in the specifications. 11/02104 a . Cover/Frame/Frame Seal Replacement. 1) Paved Areas : Make square full depth saw cut and remove the pavement to expose the entire manhole frame and exterior of manho le a minimum of 6 inches below the top of the structurally sound structure , keeping trench sides as vertical as possible . Remove the pavement by breaking out from saw cut toward the manhole to avoid breaking the frame . 2) 3) 4) Non-paved Areas: Excavate adjacent to the manhole to expose the entire frame to a minimum depth of 6 inches below the top of the structurally sound structure, keeping trench sides as vert ical as poss ible . Limit excavation to a 6-foot by 6-foot working area . Remove and replace the existing frame, cover, and sealing material. Furnish bolt down frame and cover, if required by Manhole Rehabilitation Schedule in the SpeGifications. If grade rings are broken, deteriorated , or loose, Contractor shall notify Engineer prior to placing manhole frame . Also , if manhole contains brick grade adjustments on top of concrete corbel or chimney , Contractor shall replace the brick grade adjustments with precast concrete rings in accordance with manhole grade ring replacements. Clean exposed interior_ and exterior surfaces of the existing chimney and inspect for reuse . Wire brush and apply a concrete bonding agent and quick setting hydraulic cement to the top surface of the manhole. to provide a smooth surface prior to installing new grade rings and bitumastic material. Surfaces between the frame , adjustments, and corbel sections shall be free of dirt and debris . Bitumastic gasket material (minimum ~ inch thick) shall be placed in two concentric rings along the inside and outs ide edge of each joint or use bitumastic trowelable materia l. Butt joints of the two rows of ASC-22 - - - - 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS bitumastic material shall be positioned opposite of each other. 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 . 5) In paved areas, frames shall be installed so the top of the casting will conform to the slope and finish elevation of the paved surface . Allowances for the compression of the bitumastic material shall be made to assure a proper final grade elevation. Manhole rims in parkways, lawns, or other improved lands shall be at an elevation not more than one (1) inch nor less than one-half (1 /2) inch above the surrounding ground. Backfill shall provide a uniform slope from the manhole frame for not less than three (3) feet each direction to existing ground elevations. 6) In drainage areas, frames shall be installed so the top of the casting will be at the same elevation that existed prior to rehabilitating the manhole . 7) If the inside diameter of the manhole is too large to safely support new grade adjustments or frame, the corbel shall be replaced or a flattop installed prior to placing frame . 8) The exposed, exterior surfaces of manhole corbel , chimney, and frame shall be wire brushed and coated with two coats of coal tar, 14 mils OFT. The grade adjustments shall. be wrapped with a 6 mil polyethylene sheet. 9) 10) In unpaved areas, backfill with excavated material and compact with mechanical equipment. In paved areas, backfill with granular material me,eting requirements of Item 402 and Section E1-2 to the limits shown on figures in Section H. A concrete collar shall be constructed in accordance with Figure 121 . Concrete collars will be required on rehabilitated manholes and new replacement manholes as listed in the manhole rehabilitation schedu.le . Construction of concrete collar will be paid for separately for each manhole and shall include surface restoration (including seeding/sodding) and permanent pavement repair. Repair of pavement outside of 4 foot by 4 foot concrete collar shall be equal to or superior in composition , thickness, etc., to existing pavement and/or as detailed in the Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5 . Non-standard concrete collars shall be constructed at locations authorized by the Engineer. b. Reseating/Sealing of Existing Frame -Work shall be done in accordance with Section 0-27, with the exception that the existing frame shall be reused. The frame and cover shall be inspected for any defects and notify the Owner's representative if it is damaged or deteriorated . All scale, dirt, and debris shall be removed from the existing casting with a wire brush . a . Grade Adjustment -All Work shall be done in accordance with Section 0-27, with the exception that the existing frame shall be raised or lowered to surrounding surface elevations in accordance with the Grade Adjustment Detail. ASC-23 11102104 PART DA -ADDITIONAL SPECIAL CONDITIONS 1) In brick manholes , remove and re.place the defective chimney up to a maximum of 24 inches below the frame . If chimney is defective below 24 inches, Contractor shall notify Engineer pr ior to completing manhole rehabilitation . 2) Existing defective concrete grade ring adjustments and all brick or block adjustments shall be replaced with precast concrete adjustment rings . 3) Where partial manhole replacement is required on the Manhole Rehabilitation Schedule, the following shall apply : a) The extent of partial manhole replacement shall be based on the depth of deterioration as determined by the Owner's Representative. The remaining structure shall be capable of supporting the newly constructed portions of the manhole . b) Excavate the work area to expose the entire depth of deterioration in the existing manhole to a minimum depth of 6 inches below the top of structurally-sound structure . c) Perform reconstruction to allow easy access into the manhole . No more than 12 inches of depth of precast concrete grade adjustment rings shall be allowed to obtain proper grade . Perform reconstruct ion in accordance with the Partial Manhole Replacement Detail. d) Seal manhole joints in accordance with Section D-27 . e) Precast corbel , or barrel sections may be used as necessary . The diameter of the precast sect ions shall be consistent with the existing remaining structure . Place a flattop section on existing manhole s~ructure prior to setting precast sections . Flattop sections shall not overhang existing manhole structures by more than 6 inches . If t he clearance from the underside of the proposed flattop to the manhole invert is less than 4 ~ feet, the manho le shall be completely replaced . f) Partial Manhole Replacement shall also include replacement of frame., caver, and sealing of frame and grade adjustments. g} Remove all debris from reconstruction from the manhole and dispose of properly . d . Interior Manhole Coating -Interior manhole coating shall meet the requirements of Section DA-12 , DA-13 , DA-14 , DA-15 , DA-16 and DA-17. e. Bench and Invert Rehabilitation 1} Remove existing deteriorated bench and invert material ta solid materi al. Care shall be taken to avoid allowing broken pieces of brick and mortar to enter the sewer lines . ASC-24 - - - - 11 /02104 PART DA -ADDITIONAL SPECIAL CONDITIONS 2) Apply concrete bonding agent and quick setting concrete to form a smooth surface and continuous invert with the sewer pipe . New bench and invert shall be formed in accordance with repair Bench and Invert Rehabilitation Detail. f . Bench and Invert Replacement 1) Remove the existing bench and trough completely. If the existing trough is formed of sewer pipe laid continuously through the manhole , special care shall be taken to ensure that the pipe seal and the sewer pipe to remain is not damaged . Contractor shall, at no additional cost , replace any portion of the existing manhole or sewer pipe to remain that is damaged during bench and invert replacement. 2) Install new bench and trough with Class A concrete in accordance with repa ir detail. Surface shall be troweled smooth and the invert of the trough shall form a continuous smooth flow path from pipes entering the manhole to where they exit. The bench and invert shall form a watertight seal with the manhole wall, pipe , and bench/trough area. 3) If the manhole base is deteriorated or nonexistent , the minimum thickness of the bench/t rough shall be six inches. g . Removal of Ex isting Manhole -Work shall be conducted as specified in Section D- 29 . h. Construct New Manhole 1) Completely remove the existing manhole structure . 2) Construct new manhole in accordance with Section D-27 of these specifications . Connect to existing sewers using flexible couplings . 3) Contractor shall maintain existing wastewater flows at all times . Contractor shall submit a plan for maintaining wastewater flows to the Engineer prior to beginning work. i. Pressure Grout Pipe Seals , Bench and Trough, and Lower Portion of Manhole 1) 2) 3) All work shall be done in accordance with Section DA-19 of these specifications . Remove all foreign materials from the manhole walls around the pipe seal and within the pipe seal its.elf, including all loose and protruding brick, mortar and concrete . Stop active leaks us ing products specifically for that purpose. Remove deteriorated area of the pipe seal to sound material. Apply bonding agent to area and place hydraulic cement to fill vo ids to form a watertight seal around pipe . ASC-25 PART DA -ADDITIONAL SPECIAL CONDITIONS 4) Drill holes around the pipe seal, bench/trough and lower portion of t he manhole and inject urethane gel grout into holes in accordance with repair detail. Activated oakum rope shall be used to fill the injection hale after removal of the grouting probe. Patch the injection hole with hydraulic cement and apply a water resistant two-part epoxy coating to the patch . Clean all grout from interior of manhole. j . Manhole Step Removal -Remove existing manhole steps and fill voids with hydraulic cement in accordance with repair detail. k. Patch Holes -Clean and remove loose debris from holes to be patched. Apply bonding agent to surface of holes and fill voids with hydraulic cement in accordance with repair Patch Holes Detail. - I. Watertight Manhole Insert -Install watertight gasketed manhole inserts as specified in Fort Worth Water Department Standard E100-4. m . Grout Flattop to Wall Joint -Injection holes shall be drilled through the manhole at 90 degree angles from each other within 4 inches of the bottom of the flattop. Provide additional holes near observed defects , if necessary. Urethane gel grout shall be injected through the holes under pressure with a probe designed for this purpose. Injection pressure shall not cause damage ta the manhole structure or surround ing surface features. Grouting from the ground surface will not be allowed. Grout travel shall be verified by observation of grout at defects or adjacent injection holes. Provide additional injection holes, if necessary, to ensure grout travel. Injection holes shall be cleared with a drill and patched with a waterproof quick setting mortar. The flattop to wall joint shall be pressure washed , cleaned, filled with a non-shrink grout , and finished smooth . n . Fiberglass Manhole Insert-Work shall be conducted as specified in Section DA-18 . o. PVC Lined Concrete Wall Reconstruction -Wark shall be conducted as spe.cified in Section DA-19 . p. Point Repair to Replace. Sewer Line , 6"-15" Diameter -This item shall apply at those locations indicated in the Manhole Rehabilitation Schedule and those additional locations authorized by the Engineer. The Contractor shall excavate adjacent to the manhole. to uncover the damaged sewer pipe. This pipe shall be carefully removed from the manhole to the first sound joint (maximum of 5 feet) of pipe . This pipe shall be replaced with SDR 35 PVC pipe of the same nominal size . This pipe shall be connected to the existing sewer using flexible connectors approved by the City . The connection of the new pipe to the manhole shall be made using flexible gaskets meeting the requirements of ASTM C-923, grouted into the manhole wall using non- shrink grout. Embedment material shall be installed around the pipe up to the p ipe springline. Backfill material conforming to City specifications shall be placed and compacted as required. This item shall include surface restoration and permanent · pavement repair. 11102104 ASC-26 - - - - PART DA -ADDITIONAL SPECIAL CONDITIONS q. Bypass Pumping -The Contractor shall furnish and operate pumping equipment and piping as required for bypass pumping necessary to complete any manhole replacement or rehabilitation work. D. MEASUREMENT AND PAYMENT 11102104 1. Frame and Cover Replacement: Payment for installation of new manhole frames and covers shall be based on the Contract unit price. and the actual quantity installed . The Contract unit price shall be full payment for the new manhole frame and cover, excavation, installation of the manhole frame and cover, minor grade adjustment, backfill , and demolition and disposal of waste materials. 2. Grade Ring Replacement: Payment for installation of new grade rings shall be based on the Contract unit price and the actual quantity of new grade rings installed. The Contract unit price shall be full payment for the new grade rings. All costs for installing and sealing grade rings shall be included in the applicable Contract unit price for sealing of frame and grade rings. 3. Paved Frame and Grade Adjustment Sealing: Payment for sealing manhole frames and grade adjustment rings in paved areas shall be based on the Contract unit price and the actual number of manholes where sealing of the manhole frame and/or grade adjustments in paved are required. The Contract unit price shall be full payment for excavation, pavement removal, sealing materials, installation of grade rings, sealing, minor grade adjustment , backfill, and demolition and disposal of waste materials. 4 . Non-Paved Frame and Grade Adjustment Sealing : Payment for sealing manhole frames and grade adjustmen~ rings in non-paved areas shall be based on the Contract unit price and the actual number of manholes where sealing of the manhole frame and/or grade adjustments in non-paved are required. The Contract unit price shall be full payment for excavation , sealing materials, installation of grade rings, sealing, minor grade adjustment, backfill, surface restoration, and demolition and disposal of waste materials. 5. Interior Manhole Coating: Payment for interior manhole coating shall be based on the Contract unit price where interior manhole coating is applied. The Contract unit price shall be full payment for surface preparation , interior coating of the corbel , wall and bench , and cleanup . 6 . Pressure Grout Pipe Seals , Bench and Trough , and Lower Portion of Manhole: Payment for grouting pipe seals, bench and trough, and lower portion of the manhole. shall be based upon the Contract unit price and the actual quantity of manholes where pipe seals , bench and trough and lower portion of the manhole were grouted . The Contract unit price shall be full payment for the preliminary repairs, rehabilitating the pipe seals, grout material, installation of the grout materials and cleanup . 7. Bench and Invert Rehabilitation: Payment for bench and invert rehabilitation shall be based upon the Contract unit price and the actual number of manholes where the ASC-27 11102/04 PART DA -ADDITIONAL SPECIAL CONDITIONS bench and invert were rehabilitated . The Contract unit price shall be full payment for materials and bench and invert rehabil itation . 8. Bench and Invert Replacement: Payment for bench and invert replacement shall be based upon the Contract unit price and the actual quantity of manholes where the bench and invert were replaced . The Contract unit price shall be full payment for mate ri als , installat ion of materials , and demolition and disposal of waste materials . 9. Patch Holes: Payment for patching holes shall be based upon the Contract unit price and the actual number of manholes that were patched . The Contract unit price shall be full payment for surface preparation , patching of the holes , and cleanup . This item is allowed for payment only when it is included in the Manhole Rehabilitation Schedule . Patching holes prior to interior coating of manholes is not a pay item . 10 . Manhole Step Removal: Payment for manhole step removal shall be based upon the Contract unit price per manhole and the actual number of manholes that had steps removed . The Contract un it price shall be full payment for removal and disposal of the steps and patching of the voids created by step removal. 11. Watertight Manhole Insert: Payment for watertight manhole inserts of the respective type shall be based upon the Contract unit price. and the actual number of inserts of each type installed. The Contract unit price shall be full payment for the watert ight manhole insert and installation of the insert in the manhole. 12 . New Sanitary Sewer Manhole : Payment shall be made as indicated in Measurement and Payment, Section D-27 in these specifications . This item shall include up to five (5) linear feet of new PVC pipe at each manhole pipe connection and connecting to the existing sewer. 13. Concrete Manhole Collars : a. Paved Areas . Payment for manhole collars in paved areas shall be based on the Contract unit price and the .actual quantity installed . The Contract unit price shall be full payment for labor, materials , pavement sawing, excavating , disposal of waste materials . Payment shall not include pavement replacement, which if required , shall be paid separately. b. Non-Paved Areas. Pavement for manhole collars in non-paved areas shall be based on the Contract unit price and the actual quantity installed . The Contract unit price shall be full payment for labor, materials , excavation, disposal of waste materials, and surface restoration . 14 . Partial Manhole Replacement: Payment for partial manhole replacement shall be based on the Contract unit price per vertical foot measured from the top of the frame to the top of the structurally sound existing manhole . The Contract unit price sha ll be full payment for furnishing all labor and materials necessary, includ ing excavation and removal of the existing structure , replacement of the frame and cover , installation of new adjustment rings, flattop , corbel or wall sections , seal ing, ASC-28 PART DA -ADDITIONAL SPECIAL CONDITIONS backfilling , and unpaved surface restoration . Payment shall not include pavement replacement , which if required , shall be paid separately. 15. Interior Corrosion Protection: Payment shall be made as indicated in Measurement and Payment, Section DA-9 in these specifications . 16 . Grout Flattop to Manhole Wall Joint: Payment for grouting the flattop to manhole wall joint shall be based upon the Contract unit price and the actual number of joints grouted. The Contract unit price. shall be full payment for all material, labor and cleanup required to complete each joint grouting. 17 . Fiberglass Manhole Insert: Payment shall be made as indicated in Measurement and Payment, Section DA-18 in these specifications. 18. PVC Lined Concrete Wall Reconstruction : Payment shall be made as indicated in Measurement and Payment , Section DA-19 in these specifications . 19. Point Repair to Replace Sewer Line, 6" -15" Diameter: Payment for each point repair shall be based upon the Contract unit price for each manhole connection actually repaired . The Contract unit price shall be full payment for all material , labor, and cleanup required to complete each manhole connection repair. 20. Flattop Replacement: Payment for each flattop replacement shall be based on the Contract unit price for each flattop actually replaced . The Contract unit price shall be payment in full for all labor, material , and cleanup requ ired to complete each flattop replacement. Payment for frame and cover replacement, grade rings, sealing, and concrete manhole collar as required to complete the manhole rehabilitation will be paid for separately at the applicable Contract Unit Prices. 21 . Bypass Pumping : All bypass pumping shall be a subsidiary obligation of the Contractor. All costs for bypass pumping shall be included in the Contract unit price for the items requiring bypass pumping . DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION A. GENERAL: This item shall govern the preparation of surfaces for manhole rehabilitation . B. CLEANING : 1. 2 . 11/02104 Covers (screens} shall be placed over the pipe inverts to prevent extraneous · material from entering the sewer system . All concrete that is not sound or has been damaged by chemical exposure shall be removed from the manhole . Loose and protruding brick, 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 flush with the wall of the manhole . ASC-29 PART DA -ADDITIONAL SPECIAL CONDITIONS 3. All contaminates including but not limited to: oils, grease, waxes, form release, curing compounds, efflorescence, sealers, salts, incompatible existing coatings, and all other contaminants shall be removed . 4. Surfaces to receive protective coating shall be cleaned and abraded to produce a sound concrete/brick surface with adequate profile and porosity to provide a strong bond between the protective coating and the substrate. All foreign materials shall be removed from the manhole interior using high pressure water spray (3500 psi to 4000 psi). Cleaning equipment shall have a pressure gauge that indicates the water pressure being used . 5. Detergent water cleaning, muriatic acid, and hot water blasting shall be used, if necessary, to remove dirt, oils, grease, and other matter which may prevent a good bond of sealing material to the manhole surface. A mild chlorine solution {household bleach) may be used to neutralize the surface to diminish microbiological bacteria growth prior to final rinse and coating. C. PRELIMINARY REPAIRS 1. AU unsealed lifting holes, unsealed step holes, voids larger than approximately one- half (1/2) inch in thickness shall be filled with patching compound at least one hour (1) prior to application of the first spray coat. 2. Active leaks shall be stopped using City approved products specifically for that purpose and according to manufacturer's recommendation . Same leaks may require grouting to stop the inflow. Grouting shall be performed in accordance with City specifications and Section DA-20 -PRESSURE GROUTING . 3. Bench area shall be built up if required to provide a uniform slope. from the circumferences ta the manhole trough. City approved ceme.ntitious patching compounds or epoxy grout as recommended by manufacture shall be used. 4. After all repairs have been completed, au loose material shall be removed from the manhole . Contractor shall ins.ure no material is allowed to enter the sewer system. 5. Contractor shall ensure the manhole is clear of all detergents and cleaners and that all active infiltration has been stopped prior to application of protective manhole coatings for rehabilitation. D. INSPECTION Applicator shall carefully inspect all surfaces prior to application of protective coating and shall notify Owner of any noticeable disparity in the surface which may interfere with the proper performance of the repair mortar and protective coating. E. MEASUREMENT AND PAYMENT 11/02104 Payment for Surface Preparation shall be considered subsidiary to the cost for Interior Manhole Coating or Protective Manhole Coating for Corrosion Protection. ASC-30 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-12 OMIT DA-13 OMIT DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM A. GENERAL B. 11102/04 1. Scope This section governs all work, materials and testing required for the application of interior manhole coating . Manholes designated for interior coating are listed on the Manhole Rehabilitation Schedule. Interior manhole coating shall meet the requirements of this Section or of Section DA-12, DA-13 , DA-15, DA-16 or DA-17. 2. Description 3 . 4 . The Contractor shall be responsible for the furnishing of au labor, superv1s1on, materials, equipment, and testing required for the completion of interior coating of manholes in accordance with the Contract Documents. Manufacturer's Recommendations Materials, mixture ratios, and procedures utilized for the coating process shall be in accordance with manufacturer's recommendations . Manholes Manholes to be coated are of brick, block, or concrete construction. All manholes shall have a minimum of one-half (1/2) inch specialty cement-based coating material (Quadex QM-1s or Reliner MSP) sprayed or trowelled on coating over the original interior surface . MATERIALS / 1. Scope This section governs the materials required for completion of interior coating of manholes . 2. Interior Coating The interior coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq, Inc. 3. Specialty Cement The specialty cement-based coating material shall be either Quadex QM-1 s as manufactured by Quadex, Inc. or Reliner MSP as manufactured by Standard Cement Materials . ASC-31 PART DA -ADDITIONAL SPECIAL CONDITIONS 4 . Material Identification The interior manhole coating material sprayed onto the surface of the manhole shall be a urethane resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the physical properties as follows: Property Tensile Strength Flexural Stress Flexural Modulus 5. Mixing and Handling Standard ASTM D-638 ASTM D-790 ASTM D-790 Long Term Value 5,000 psi 10,000 psi 550,000 psi Mixing and handling of specialty cement material and interior coating material, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in s.uch 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 coa ting installations. C. EXECUTION 11102104 1. General Manhole coating shall not be installed until sealing of manhole frame and grade adjustments , or partial manhole replacement when required for the manhole per the Manhole Rehabilitation Schedule, is complete. 2. Temperature Normal interior coating operation shall be performed at temperatures of 40°F or greater. No application shall be made when freezing is expected within 24 hours . 3 . Interior Manhole Coating a. The interior coating shall be applied to the manhole from the bottom of the frame ta the bench, down to the top of the trough. b. The interior coating shall be installed in accordance with the. manufacturer's recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of all foreign materials and matter. Cleaning shall be accomplished by using high pressure water spray (minimum 3500 psi at spray tip}, cleaning with muriatic acid, degreaser, or other solvents as needed in order to remove any film or residue on the surface. ASC-32 - PART DA -ADDITIONAL SPECIAL CONDITIONS 2) Place covers over the invert to prevent extraneous material from entering the sewers . 3) Apply a minimum of one-half (1/2) inch specialty cement product (Quadex QM-1 s or Reliner MSP) smooth surface for the urethane coating material. 4) Spray the urethane onto the manhole wall and bench/trough with a minimum thickness of 125 mils (0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. 5) Coat trough area with specialty cement product (Quadex QM-1 s or Reliner MSP). 1. Testing of Rehabilitated Manholes a. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA- 21. D . MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot, measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment and material testing required to complete the work. Grouting , if necessary, shall be included in the above unit price . Grouting of the pipe seals , bench and trough, and lower portion of a particular manhole, if required by Manhole Rehabilitation Work Schedule or required to be done by the Engineer, shall be paid for separately at the Contract Unit Price. DA-15 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM A. GENERAL 11/02104 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 Section DA-12, DA-13, DA-14, DA-16 or DA-17 . 2 . Description The Contractor shall be responsible for the furnishing of all labor, superv1s1on, materials , equipment. and testing required for the completion of interior coating of manholes in accordance with the Contract Documents. 3. Manufacturer's Recommendations ASC-33 PART DA -ADDITIONAL SPECIAL CONDITIONS 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 manho les 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-1 s 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 meas.ures 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 1. General 11 /02104 ASC-34 - 11102104 PART DA -ADDITIONAL SPECIAL CONDITIONS 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 RESTORATION . 2) Apply a minimum of one-half (1/2) inch specialty cement-based product (Quadex QM-1 s or Reliner MSP) smooth surface for the urethane coating material. 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 repaired . Repairs shall be made by lightly abrading the surface and brushing the lining material over the area . All blisters and evidence of uneven cover ASC-35 PART DA -ADDITIONAL SPECIAL CONDITIONS shall be repaired according to the manufacturer's recommendat ions . 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 t he Owner. b. Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with Section DA- 21 -VACUUM TESTING OF REHABILITATED MANHOLES . D. MEASUREMENT AND PAYMENT Payment shall be based on the Contract Unit Price per vertical foot, measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision , materials , equipment all testing necessary to complete the work . Payment for grouting of pipe seals , bench and trough and manhole walls shall be based on the Contract Unit Price for each manhole actually grouted . DA-16 OMIT DA-17 OMIT DA-18 OMIT DA-19 OMIT DA-20 OMIT DA-21 VACUUM TESTING OF REHABILITATED MANHOLES A GENERAL 1. Scope This section describes manhole testing to effectively confirm the watertight integrity of existing manholes following structural ,infiltration and inflow related repairs and that the appearance of the work is acceptable . 2. Description Infiltration may be observed in manhole defects at manhole walls, pipe seals or bench/trough areas . Infiltration related repairs are intended to eliminate leakage of groundwater into manholes . Inflow may be observed in manhole defects at manhole frames , covers, frame seals , grade adjustments, grade adjustment seals , corbels , or walls. Inflow related repairs are intended to eliminate sources of surface water entry that become active -during rainfall events. Structural repairs may be required when making 1/1 related manhole repairs. Structural repairs may include defects in any manhole components but not displaying 1/1 . 3. Testing, Observations and Guarantee Periods : · 11 /02/04 ASC-36 PART DA -ADDITIONAL SPECIAL CONDITIONS The testing requ ired shall be performed by the Contractor at locations designated by the Engineer and documented to the satisfaction of the. Engineer. Any new or rehabilitated manholes that are observed to be leaking by the Engineer during periods of high groundwater or during inflow conditions shall be subject to additional repairs . The Contractor shall be responsible for all additional repairs required on these unsatisfactory manholes during the guarantee period . All manhole rehabili tation work shall be warranted to be free of defects and of good workmanship for a minimum of three (3) years from the date of final acceptance of the project. Any manhole repairs completed by the Contractor which fail during the warranty period shall be repaired to the satisfaction of the City at no additional cost to the City . B. MATERIALS -Not specified . C. EXECUTION 1. Infiltration Testing 11/02104 All interior coated manholes and all partial re.placement manholes shall be observed (tested) by the Contractor in the presence of the Engineer for sources of infiltration. Observations · will be made during high groundwater conditions , wherever possible . Manholes shall be tested after installation with all connections (existing and/or proposed) in place . Drop-connections and gas sealing connections shall be installed prior to testing . The lines entering the manhole shall be temporarily plugged with the plugs braced to prevent them from being drawn into the manhole . The plugs shall be installed in the lines beyond drop-connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole (so that the manhole frame seal is tested) and inflated in accordance with the manufacturer's recommendations. A vacuum of 10 inches of mercury 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. If the drop in the level is less than 1-inch of merc.ury (final vacuum greater than 9-inches of mercury), the manhole will have passed the vacuum test. After a successful test, the temporary plugs will be removed. The required test time is determine.ct from Table I . Table I MINIMUM TIME REQUIRED FOR A VACUUM DROP OF 1" H9 (10"H9 -9"H 9 ) (SEC) DEPTH OF M. H. (FT.) 8 10 12 14 16 18 ** 48-lnch Dia . Manhole 20 sec. 25 sec. 30 sec. 35 sec. 40 sec. 45 sec. T=5 sec. ASC-37 60-lnch Dia. Manhole 26 sec. 33 sec. 39 sec. 45 sec. 52 sec. 59 sec. T=6.5 sec . 72-lnch Dia. Manhole 33 sec. 41 sec. 49 sec. 57 sec. 67 sec. 73 sec. T=8 sec. PART DA -ADDITIONAL SPECIAL CONDITIONS **For all Manholes over 18 feet in depth, add ''T" seconds as shown for each respective diameter for each two feet of additional depth of manhole to the time shown for that 18 foot depth. [Example : A 30 (thirty) foot deep, 48 (forty-eight} inch Manhole Total Test Time would be 75.0 seconds. 45.0+6(5 .0)=75.0 seconds] (Values listed above are extrapolated from ASTM C924-85). Manhole vacuum levels observed to drop greater than 1-inch of mercury (Final vacuum less than 9-inches of mercury) will have failed the test and will require additional rehabilitation . The Contractor shall make the ne.cessary repairs to the already completed rehabilitation work at no additional compensation . If the failure of the vacuum test is determined to be due to preexisting conditions not on the manhole rehabilitation schedule for that manhole, this additional work may be authorized by the Owner's Representative. After completion of the additional rehabilitation the manhole shall then be re -tested as described above until a successful test is made. Only one payment for manhole vacuum testing will be made on each manhole. Vacuum testing is required on all manholes having interior rehabilitation. 2. Inflow Testing : All partially rehabilitated manholes shall be dyed water tested unless the manhole has successfully passed the vacuum test. Manholes shall be dyed water tested in the presence of the Engineer. The dye test shall consist of applying a concentrated dye solution around the manhole frame . Dyed water shall be applied for at least ten minutes . Manholes observed to be actively leaking greater than one drip per five seconds will have failed the test and will not be acceptable. Manholes failing the test will require additional rehabilitation by the Contractor at no additional compensation. 3. Other Testing : 11 /02104 One (1} rehabilitated manhole will be randomly selected for further testing . A laboratory selected by the City will take core samples of wall sections of manholes with wall coatings . Testing of the core samples will be done to evaluate material thickness, compressive strength , flexural strength and slant shear bond strength . The following are the minimum required strengths for cementitious and non-cementitious wall coatings: Compressive Strength . Compressive strength shall conform to ASTM C 495 and C 109 and shall meet or exceed a minimum 28-day break of 4,000 ps i. Flexural Strength. Flexural strength shall conform ta ASTM C 348 and shall meet or exceed a minimum 28-day break of 1,200 psi. Slant Shear Bond Strength . Slant shear bond strength shall conform to ASTM 882 modified and shall meet or exceed a minimum 28-day break of 2,400 psi. If the manhole tested fails to pass any of these requirements , another manhole shall be selected and tested . If the second manhole fails , the City may, at its option, stop work until the Contractor can provide assurance that testing requirements can be met. ASC-38 PART DA -ADDITIONAL SPECIAL CONDITIONS Guarantee: Contractor shall warrant that the workmanship and materials are free from defects and that the manholes are sealed from inflow and infiltration for a period of three (3) ye.ars from the date of final acceptance of the project. D. MEASUREMENT ANO PAYMENT Payment for manhole vacuum testing shall be made at the Contract Unit Price bid for each Manhole Vacuum Test actually performed and passed and the appearance of the completed manhole is visually acceptable. Payment shall be full compensation for all labor and materials necessary to complete each test. No payment will be made for additional vacuum tests or any dyed water testing . Payment for manhole core testing, including all labor and materials necessary to complete each test, shall be made at the Contract Unit Price bid for each Manhole Core Test actually pe.rformed and passed. DA-22 OMIT DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the resurfacing process commences for a particular street. The contractor shall attempt to include the Construction Engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the contractor's responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact pers.ons: Company Telephone Number Southwestern Bell Telephone Texas Utilities Lone Star City of Fort Worth, Stre.et Light and Signal 338-6275 336-9411 Ext. 2121 336-8381 Ext. 6982 871-8100 Contact Person "Hot Line" Mr. Roy Kruger Mr. Jim Bennett Mr. Jim Bob Wakefield 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 . 11102104 ASC-39 PART DA -ADDITIONAL SPECIAL CONDITIONS Any dev iation from the above procedure and allotted working days may resu lt in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials , equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary ta this contract. DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER These provis ions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind , as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete ", Item No . 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S4 . Pay limits for laydown curb and gutter are shown in Drawing No . S-S5 of the Standard Specifications. Contractor shall saw cut the curb and gutter and pavement prior to removal. Included , and figured subsidiary to this unit price , will be the required sawcut excavation, as per specificat ion Item No . 106 "Unclass.ified Street Excavation ", into the street to aid in the construction of the curb and gutter. The pay lim it will be 9" out from the gutter lip, with same day haul -off of the removed material to a suitable dump site . The street void shall be filled with H.M.A .C. "Type D" mix as per specification No. 3.00 "Asphalts , Oils and Emulsions", Item No . 304 "Prime Coat" and Item No . 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities and top soil as per specification item No . 116 "Top Soil ", if needed, shall be added and leveled to grade behind the curb . Existing improvements within the parkway such as water meters , spriflkler system , etc . damaged during construction shall be replaced with same or better at no cost to the City . Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days , a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work . DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a su itable dump site . For specifications governing this item see Item No. 104 "Removing Old Concrete", Item Na . 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications . The unit price bid per square yard shall be full compensation for all labor, materia l, equipment, supplies , and incidentals necessary to complete the work. DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE The contractor shall remove all ex isting deformed H.M.A.C . pavement and/or bad base material that shows surface deterioration and/or complete failure . The Engineer will identify these areas upon which time the contractor will begin work . The failed area shall be saw cut, or other similar 11 /02104 ASC-40 PART DA -ADDITIONAL SPECIAL CONDITIONS means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated . As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site , the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above , the contractor shall place the permanent pavement patch, with "Type D" surface mix . This item will always be used even if no base improvements are required . The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches . Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed . A liquid asphalt tack coat shall be applied to all exposed surfaces . Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos . 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot-Mix Asphaltic Concrete" shall govern work . The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals ne.cessary to complete the work. DA-27 GRADED CRUSHED STONES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushe.d 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 OMIT DA-29 OMIT DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) All applicable provisions of Standard Specifications, Item Nos. 312 "Hot-Mix Asphaltic Concrete", 300 "Asphalts, Oils and Emulsions", 304 "Prime Coat", and 313 "Central Plant Recyclin~-Asphalt Concrete" shall apply to the construction methods for this portion of the project. Standard Specification 312 .5 ( 1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. 11/02104 ASC-41 PART DA -ADDITIONAL SPECIAL CONDITIONS The contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C . overlay. The City will provide laboratory control as necessary. The u.nit price bid per square yard of H.M.A.C . complete and in place, shall be full compensat ion for all labor, materials , equipment , tools , and incidentals necessary to complete the work. DA-31 OMIT DA-32 OMIT DA-33 NEW 4" STANDARD WHEELCHAIR RAMP The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The removal of existing substandard wheelchair ramps. and sidewalk as required for the installation of new wheelchair ramps shall be subsidiary to this pay item. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in Pay Item 5 (Removal and Replacement of Curb and Gutter). Pay limits for laydown curb and gutter are as shown in the Standard Pay Limit Detail (WR-1). The pay limit will extend from 9" outside the lip of gutter ta 15" back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 1511 back from the face of curb and encompass the remainder of the ramp and sidewalk. All applicable provision of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified . All concrete flared surface shall be colored with LITHOCHROME color hardener as manufactured by L.M . Scofield Company or equal. The color hardener shall be. brick red color and dry-shake type, and shall be used in accordance with manufactures instructions . Concrete stain may be applied after concrete is poured (Product sold by BAER). "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification . The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution.'·' The unit price bid per square yard for 4" standard wheelchair ramp as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to compete the work. DA-34 OMIT DA-35 OMIT 11/02104 ASC-42 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-36 RAISED PAVEMENT MARKERS All applicable provisions of Standard Specifications for Roadway Markers (Buttons) shall apply . The Contractor shall install standard roadway markers according to city specifications as shown on plan sheet or as directed by the Engineer. Please refer to "Roadway Markers Specifications". DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING A. GENERAL: 11 /02104 Where known by the design engineer, the locations of potentially petroleum contaminated material (soil) that may be encountered during excavation .and/or construction activities will be shown on the plans . For all locations where material is excavated and suspected of being contaminated with petroleum products, whether known or not, these special conditions are to be followed . The contracto r is also to follow all applicable Federal .. State and Local regulations when handling known or suspect contaminated materials (soils). 1. WORK INCLUDED a. Excavation , stockpiling and testing of Potentially Petroleum Contaminated Material .. b . Removal , testing , and disposal of petroleum contaminated groundwater. c. Obtaining and paying for required permits . d. Hiring of qualified environmental profess ional consultant(s). Contractor will be required to submit the environmental consultant's experience and qualifications to the City prior to beg inning work in areas of Potentially Petroleum Contaminated Material. e . Hiring of qualified environmental sampling professionals that will collect and submit samples to the applicable City of Fort Worth testing laboratory . The City of Fort Worth's Department of Environmental Management for coordination of laboratory testing . 2. REFERENCES a. All applicable OSHA regulatory requirements . b. All applicable Environmental Protection Agency (EPA) regulatory requireme.nts. c. All applicable State of Texas regulatory requirements . d . All applicable City of Fort Worth (City} regulatory requirements . e. All applicable NIOSH standards . f . All applicable TNRCC requirements. 3. SUBMITT ALS a. The contractor shall prepare and submit to the City's Department of Environmental Management, Senior Specialist in Compliance, plans for handling Potentially ASC-43 PART DA -ADDITIONAL SPECIAL CONDITIONS Petroleum Contaminated Material (PPCM) not less than 30 days prior to commencing excavation . b. The Contractor shall take necessary precautions while performing this project. Contractor shall not commence PPCM work (1) Contractor's submittal for deali ng with PPCM is reviewed by the City and (2) the plans (i.e., drawing and description) for discharging any treated liquid into the storm sewer or sanitary sewer are reviewed by the City (3) and acceptable stockpile area is identified by the Contractor. c. Contractor shall submit the name of his proposed qualified environment al professional consultant(s) and proposed PPCM Handling Plan to the City . The PPCM Handling Plan shall include the detailed sequence of construction including proposed excavation and handling methods, proposed carriers for contaminated materials, waste disposal site, and a list of any permits that may be required for PPCM handling or contaminated materials disposal. The above data must be comp iled and arranged in a format that is acceptable to the Texas Natural Resource Conservation Commission (TNRCC). d . Contractor shall submit actual limits of PPCM excavation , as prepared by his qualified environmental consultant(s) and testing lab. e. Contractor shall submit for review the proposed carrier pipe material to be used with the actual limits of PPCM excavation, including pipe gasket and ca rrier pipe coating or liner. B. PRODUCTS : 1. PIPE GASKET MATERIAL. Materials used within the actual limits of PPCM excavation, including pipe gaskets , shall be resistant to petroleum hydrocarbon deterioration . C. EXECUTION : 11/02104 1. POTENTIALLY PETROLEUM CONTAMINATED AREAS a. Areas suspected of having petroleum contaminated material (soils) are shown in on the engineering drawings . b. In areas other than those noted on the plans and where potentially petroleum contaminated materials are either detected or suspected, the City of Fort Worth and the Engineer should be notified immediately and the work should proceed in accordance with this section . 2. SCREENING POTENTIALLY PETROLEUM CONT AMINA TED AREAS a. Care should be taken during all excavation and dewatering activities to identify areas potentially contaminated by petroleum . b. When a petroleum odor is encountered during excavation or when there is visual evidence of potentially petroleum contaminated soil, the Contractor shall notify the Engineer without delay. ASC-44 11 /02104 PART DA -ADDITIONAL SPECIAL CONDITIONS c. The Contractor shall have reta ine.d the services of an environmental consultant who shall be present at the site to screen suspect so il with a photo-ionization detector (PIO) or a flame ionization detector (FID). A reading of 20 ppm above ambient conditions or greater on PIO or FID tested soil sample will be considered potentially petroleum contaminated. The soul sample. should be a r ecent sample from the excavation face . The sample should be stored in a laboratory supplied glass jar with a teflon gas.ket lined lid . The City of Fort Worth Department of Environmental Management will be notified prior to all sample collection and submittal to the current testing laboratory identified by the City. The PIO or FID tests should be performed in a confined location . Soils producing a reading of less than 20 ppm above ambient will not be considered potentially petroleum contaminated . The PIO or FID shall be calibrated according ta manufactures instructions. d. Water encountered during excavation or dewatering shall be considered to be potentially contaminated if there is a visible sheen , a hydrocarbon odor, adjacent soil that appears visually ta be contaminated by hydrocarbons or at any time the Contractor has reason to believe that hydrocarbon contamination may have occurred . The Contractor shall immediately notify the City and the TNRCC whenever contaminated water is encountered . e. The Contractor shall contact the City, whenever contamination from any source is suspected. 3. HANDLING POTENTIALLY PETROLEUM CONTAMINATED SOIL (PPCS) a. Contractor shall coordinate with the City to determine a suitable location for the stockpiling of contaminated soil. The following procedure shall be followed in preparing the chosen site : 1. Provide a diked enclosure large enough to ho ld all material and prevent runoff. 2. The diked area shall be lined with 20-30 mil plastic tp prevent seepage into the existing soil. 3. At the end of each work day , Contractor shall completely cover stockpile with 20 mil plastic. During the day, the Contractor shall keep the stockpile covered, as. necessary, to prevent release of contaminated materials due to rain or wind . 4 . Sampling and eva luation of materials will be performed at the Contractor's expense . (The City of Fort Worth will provide laboratory services) b. PPCS shall be handled , tested, observing all standard chain-of-custody procedures and sampling preservation and analyses shall conform to published and recognized standards . c. The stockpiled PPCS shall be sampled and tested every 50 cubic yards far Total Petroleum Hydrocarbons (TPH) {TX1005) and Benzene , Taulene , Ethylbenzene and Xylene (BTEX) (EPA 8020). All test results will be forwarded to the City of Fart Warth Department of Environmental Management. . d. Contaminated soil identified by test results will be disposed of according to DA-36, Loading , Transportation, and Disposal of Contaminated Soil. ASC-45 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS e. It is the intent of the City of Fort Worth that uncontaminated soils be utilized as backfill material, if the soils also meet the Type C or B backfill classifications. 4. HANDLING POTENTIALLY PETROLEUM CONTAMINATED WATER (PPCW) a . Water pumped from the excavation or from dewatering activities that has an oily sheen, a hydrocarbon odor, or is otherwise suspect , shall be considered potentially petroleum contaminated . b. PPCW shall be handled , tested , and discharged in accordance with the TNRCC's appropriate state regulation. PPCW shall be tested no later than 15 days prior to extraction . PPCW shall, if necessary, be treated in an appropriately sized oil/water separator, air stripper or GAC canisters . Contractor shall have his testing laboratory determine that the oil/water separator treated discharge is within the limits established by the TNRCC's regulations before being allowed to discharge (discharge to sanitary sewer). Contractor shall be responsible for furnishing the effluent test reports to the City . c. Alternatively , the Contractor may dispose of contaminated water, after appropriate pretreatment, into the sanitary sewer collection system . It shall be the responsibility of the Contractor to obtain the necessary permit(s) and to perform all testing required by the City of Fort Worth Pretreatment Services Division . d. All treated water shall be discharged into a Contractor supplied Frac Tank, sampled , and analyzed before discharge into the sewer system . e. The product that is recovered shall be disposed of in accordance with all applicable regulations . Any phase separate product recovered from the oil/water separator and air stripper shall be transported in accordance with Department of Transportation rules and regulations for flammable products . When transporting product for disposal, transportation shall also be performed by a licensed carrier . The Contractor is responsible for proper manifesting of the material from the site to the waste disposal facility . Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. 5 . HANDLING VAPOR CONCENTRATIONS a. In order to maintain safe working conditions, the vapor concentrations should not exceed 20 percent of the Lower Explosive Limit (LEL}. During construction, measures should be taken to maintain LEL levels below 20 percent in all working areas . b. To monitor vapor levels and oxygen levels a combustible gas indicator (CGI) with a LEU02 meter should continuously operate in the working area . The CGI should be properly calibrated and should have an alarm that sounds if 20 percent LEL is reached. Monitoring data from the GCI should be recorded periodically to determine if ventilation or other methods are effective. In the event local health and safety agencies require more stringent monitoring , the local regulations must be implemented. ASC-46 PART DA -ADDITIONAL SPECIAL CONDITIONS D. MEASUREMENT AND PAYMENT: Payment for handling PPCS , PPCW and Vapor Concentrations, obtaining and paying for any permits required , hiring the services of a qualified professional environmental consultant(s), environmental issues , stockpiling and all issues included and incidental to this section will be full compensation for all labor, equipment, materials, and supervis ion . Measurement and Payment for this section will be per linear foot of t rench excavated where the excavated material is handled as a contaminated material. No separate payment will be made for handling of contaminated water, vapor concentrations , sampling, stockpi ling , etc. DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL A. GENERAL: This item has been established for the loading , transportation and disposal of con t aminated soils in a State of Texas approved disposal site (landfill) to handle special wastes (petroleum contaminated so ils). A bid item has been established in the proposal for the proper loading, transportation and disposal of the material to a designated site and the quantity established is the er:,gineers best estimate of the quantity that may be removed . This quantity may vary depending upon actual conditions and testing results . The unit price bid will not be increased regardless of the actual amount of material disposed and may be decreased if a larger volume of material, than that listed in the bid proposal, results in a unit cost reduction for disposal. 8 . WASTE MANIFESTS : Any and all non-hazardous liquid and petroleum substance waste removed from the s.i te of generation and transported for treatment and/or disposal must be accompanied by a waste shipment record/manifest detailing required generator, transported, destination and waste description information . These results may not be uniform throughout the entire site . For all petroleum substance waste, the waste shipment record utilized shall be the TNRCC PETROLEUM-SUBSTANCE WASTE AFFIDAVIT (Form TWC-0332). The Contractor shall be responsible for obtaining , originating and maintaining manifests in accordance with federal and state laws . The Contractor shall sign the manifests forms as Independent Contractor to the Owner. AUTHORIZATION OF PAYMENT FOR REMOVAL TRANSPORT AND TREATMENT / DISPOSAL OF WASTES IN CONTINGENT UPON RECEIPT BY THE ENGINEER OF FULLY COMPLETED AND SIGNED MANIFEST FORMS that are in agreement with regard to the type and amount of waste removed from the site and received by the treatment/d isposal facility . The Contractor shall immediately resolve any manifest discrepancies. Completed Manifests shall be returned to the City Department of Environmental Management within 90 days of shipment. C . MEASUREMENT AND PAYMENT: 11102/04 Payment for th is item shall be made per in place cubic yard of contaminated soils that are loaded, transported and disposed of in an approved special disposal site . No separate payment will be made for loading , transportation and disposal of contaminated ground waters collected ; these costs considered subsidiary to DA-37 , POTENTIALLY ASC-47 PART DA -ADDITIONAL SPECIAL CONDITIONS PETROLEUM CONTAMINATED MATERIAL HANDLING . The proposed landfill shall be included in the Contractor's bid submittal and approved by the City of Fort Worth Department of Environmental Management prior to contract award . Contractor shall be responsible for all landfill costs , including, but not limited to landfill fees, transportation costs and landfill operator requested analytical testing and waste characterization . DA-39 OMIT DA-40 OMIT DA-41 OMIT DA-42 OMIT DA-43 OMIT DA-44 OMIT DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS This item shall include the removal and replacement of existing concr ete sidewalk due to fail ure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a suitable dumpsite . For specifications govern in g this item see Item No . 104 "Removing Old Concrete ", and Item No . 504 "Concrete Sidewalk and Driveways ". The unit price bid pe.r square yard shall be full compensation for all labor, material , equipment, supplies, and incidentals necessary to complete the removal and replacement work. DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION In order to facilitate timely reconstruction of the affected roadway surfaces (subsequent to water/sewe r installation) under the City's roadway maintenance. program , it is recommended that the proposed water and/or sanitary sewer improvements be conducted on the project streets based upon the following sequence: 1 . "A" Street 2. "B" Street 3. "C" Street 4. "D" Street 5. "E" Street After the work start date has been established , the selected contractor shall be required to submit the beginning and ending dates for all work (including pavement repair) on each of the project streets . Please be advised that the contractor has the option of submitting a different sequence of construction than stated above. The contractor shall not be allowed to begin work (but time charges will be.gin on the project) until the preferred sequence of construct ion and the start and end work dates fo r each street have been submitted to the City . DA-47 PAVEMENT REPAIR IN PARKING AREA The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for provid ing pavement repair equal to or superio r in composition , thickness , etc .• to existing pavement. 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 11102104 ASC-48 PART DA -ADDITIONAL SPECIAL CONDITIONS backfilled and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level with the finished ad j acent surface . This finished grade shall be maintained in a serviceable condition until the paving has been replaced . DA-48 EASEMENTS AND PERMITS Easements and permits , bath 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 obta ined 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 [s d irected to the easement description and permit requirements , as contained herein , along with any special conditions that may have been imposed on these easements and permits . Where the pipeline crosses privately owned property , the easements and construction areas are shown on the plans . The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room · or access is required by the Contractor, it shall be the Contractor's respons.ibility 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 The Texas Department of Transportation requirements pertain ing to the construction of this project are enclosed herein and made part of these specifications . DA-50 CONCRETE ENCASEMENT Concrete encasement shall be Class E ( 1500 psi) concrete and for sewer line encasements shall conform to Fig . 113 ; for water line encasements it shall conform to Fig . 20 of the General Contract Documents. Requirements for such encasement are specified in Sections E1-20 and E2-20 of the General Contract Documents. Payment for work such as forming , placing, and finishing including all labor, tools , equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Encasement. DA-51 CONNECTION TO EXISTING STRUCTURES All connections between proposed and existing facilities , shall consist of a watert ight seal. Concrete used in the connection sha ll be Class A (3000 psi) concrete and meet the requirements of Section E 1-20 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, too ls , equipment, and material necessary to complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM . DA-52 OMIT DA-53 OMIT 11102104 ASC-49 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-54 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 : Concre.te shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of m ixing water shall not exceed seven (7) U.S . gallons per sack (94 lbs .) of Portland Cement. The slump of the concrete shall not exceed three (3) inches . A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required . PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this Project under the appropriate bid item and shall be in compliance with Public Works Department standard requirement Item 502 . DA-56 SHOP DRAWINGS 1. Submit seven (7) copies of shop drawings, layouts , manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include che.cking 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 furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations , discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be 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 s.ignifies compliance with plans and specifications and dimensions suitable far 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 farm. 2. Shop drawings shall be submitted for the. fallowing items prior to installation : List the required submittals here 11 /02104 ASC-50 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: Liam Conlon City of Fort Worth 1000 Throckmorton Fart Worth , TX 76102 DA-57 COST BREAKDOWN In order to establish a basis upon which partial payments to the Contractor may be authorized, immediately after execution of the contract the Contractor shall furnish a detailed cost breakdown of his contract price arranged and itemized to meet the approval of the Engineer. DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY All work involving paving and/or drainage shall conform to the two following published specifications, except as modified herein : STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS 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 At locations where H.M.A.C . driveways are encountered , such driveways shall be completely replaced far the full extent of utility cut with H.M .A.C. equal to or better than the existing driveway . DA-61 TOP SOIL Where directed by the Engineer, top soil shall be appl ied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction, Item 116, except as fallows : All labor, equipment, tools and incidentals shall be included in the square yard bid price for the top soil. DA-62 OMIT DA-63 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 . 11/02104 ASC-51 PART DA -ADDITIONAL SPECIAL CONDITIONS Contractor shall not be entitled to renegotiation of unit prices regardless of the final me.asured 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 quant ities versus actual quantities . In particular, the Contractor shall be aware that it is the City's intention that the quantities in Unit I be used on an "emergency" basis only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $200,000 (see Options to Renew) shall be awarded with final payment based on actual meas.ured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in not case exceed $200,000 (see Options to Renew) including all change orders. DA-64 WORK IN HIGHWAY RIGHT OF WAY When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work therein . All work performed in the Tex-Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation and Item E2-29.1 "Construction Within Highway Right-of-Way" of the General Contract Documents and Specifications, effective July 1, 1978, as amended . · DA-65 CRUSHED LIMESTONE (FLEX-BASE) Crushed limestone required for use as a flexible base material shall conform to Specification Item No . 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-66 OMIT DA-67 OMIT DA-68 OMIT DA-69 TRAFFIC BUTTONS The Contractor shall supply all materials and labor necessary to install traffic buttons of the same type as were previously installed at locations designated by the Engineer. The buttons to be supplied shall be generally, but not limited to Type W-4 and Type II C-R4 and installed with a Type ltl Epoxy. The unit price bid for this item shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. 11/02104 ASC-52 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-70 PAVEMENT STRIPING Pavement striping , whenever and wherever encountered , shall be. replaced to match the existing striping or as directed by the Engineer. Materials used shall be of 420 Type intersection grade tape (in 18-inch width) such as Stamark as manufactured by 3M company or approved e.qual. The unit price bid for this item shall be full compensation for all materials , labor, equipment and incidentals necessary to complete the work . DA-71 H.M.A.C. TESTING PROCEDURES The contractor is required to subm it a Mix Design for both Type "B " and "D " asphalt that will be used for each project. This should be submitted at the Pre-Constr uction Conference . This design shall not be more than two (2) years old. Upon submittal of the des.i gn 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't 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 Dens.ity for Type "B" and for Type "D" asphalt will be 91% of the calculated Marshal (proctor). A Troxler Thin Laye r 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 appli es to both Type "B" and "D" asphalt. Dens ities 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 t aken to determine the applied thickness. DA-72 SPECIFICATION REFERENCES When reference is made in these specifications ta 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 o r revis ions thereof, shall apply . DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX The relocation and reconnection of sprinkler system control valve and box will be required as shown on the plans, and/o r as described in thes.e Special Contract Documents in addition to those located in the field and identified by the Engineer. A minimum of twenty-four (24) hours advance notice shall be given when service interruption will be requir ed . When the relocation is required , separate payment will be allowed for the relocation of sprinkler back-flow preventer or control valve and box. Payment for all work and material such 11 /02104 ASC-53 PART DA -ADDITIONAL SPECIAL CONDITIONS as back-fill, fittings, five (5) feet of PVC Schedule 40 and all material labor, and equipment used by and for the licensed plumber shall be included in the price bid for the relocation of sprinkler back-flow preventer or control valve and box . All other costs will be included in other appropriate bid item(s). DA-74 RESILIENT-SEATED GATE VALVES Any resilient-seated gate valves supplied for this contract shall conform to Material Standard E1-26 , STANDARD SPECIFICATIONS FOR RESILIENT-SEATED GATE VALVES, with the exception of size requirements in sections E-26 .1. All resilient-seated gate valves shall be mechanical joints and be approved on the City of Fort Worth Standard Product List. DA-75 OMIT DA-76 1 %" & 2" COPPER SERVICES The following is an addendum to E1-17 , Copper Water Service Lines and Copper Alloy Couplings : All fittings used for 1 Yz " and 2" water servi.ces 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 informat ion 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 compre.ssion 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 Yz " and 2" copper services shall be included in the price of the appropriate bid item . DA-77 OMIT DA-78 OMIT DA-79 OMIT DA-80 OMIT DA-81 OMIT DA-82 OMIT DA-83 OMIT DA-84 OMIT DA-85 OMIT DA-86 OMIT DA-87 OMIT DA-88 OMIT DA-89 OMIT DA-90 OMIT DA-91 OMIT 11102104 ASC-54 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-92 OMIT DA-93 OMIT DA-94 OMIT OA-95 OMIT OA-96 OMIT OA-97 OMIT DA-98 OMIT OA-99 OMIT DA-100 OMIT DA-101 OMIT DA-102 OMIT OA-103 OMIT OA-104 OMIT OA-105 OMIT DA-106 OMIT OA-107 OMIT OA-108 FLOWABLE FILL (MISC . EXT.) 1. Description : The flowable fill material shal l be delivered to the site, free flowing and self-leveling and shall have a consistency enabling it to fill all voids without tamping, vibrating or compacting . The flowable fill material shall have an in place dens ity of not less than 95 and not more than 115 lbs./cu. ft ., with a maximum twenty-eight (28) day compression strength of not less than 60 and not more than 85 PSI allowing the material to be removed with hand tools such as picks and shovels . The height of free fall of the flowable fill shall not exceed four (4) feet. 2. Material Specifications : Flowable fill shall consist of: a. An appropriate amount of Portland Cement me.eting ASTM C-150 (with other additives as necessary}. b. Aggregates meeting ASTM C-33 c . Sand or fine aggregates as per City of Ft. Worth Standard Specifications for Street and Storm Drain Construction Item 406 d. Flyash , Class C or F, meeting ASTM C-618 e . Admixtures 11/02104 1. Mineral admixtures will be pozzolanic 2. Chemical admi xtures shall be in liquid or powder form used in standard ready-mix concrete products unless specifically designed for flowable fill . Permissib le types of admixtures are : a. High ai r generators, as manufactured by Grace Construction Products or approved equal , wh ich are specifically designed for flowabl.e fill to lower unit weights , reduce shrinkage and subsidence , and control compressive strength . b. Air entraining admixtures conforming to ASTM C-260 . ASC-55 DA-109 DA-110 DA-111 DA-112 DA-113 DA-114 DA-115 DA-116 DA-117 PART DA -ADDITIONAL SPECIAL CONDITIONS OMIT OMIT OMIT OMIT OMIT OMIT OMIT OMIT c. High range water reducers conforming to ASTM C-494 Type F or G. d. Accelerating admixtures conforming to ASTM C-494, Type C. 1. Non-chloride, non-corrosive accelerators used where metals are present in concrete or embedded members . 2. Calcium chloride TRAFFIC CONTROL PLAN Traffic control shall be in accordance with item 0-8 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 OMIT DA-120 ABANDON EXISTING SANITARY SEWER MANHOLE 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 a point not less than 18-inches below final grade. The structure shall then be backfilled using flowable fill, per item DA-108 . 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 bid item. DA-121 SUBSURFACE EXPLORATION Any data, which has or may be provided on subsurface conditions , is not intended as. a representation or warranty of accuracy or continuity between soil strata. It is expressly understood that neither the Owner nor the Engineer will be responsible for interpretations or conclusions drawn therefrom by the Contractor. Data is made available for convenience of the Contractor. Subsurface exploration , to ascertain the nature of the soils at the project site, including the amount of rock, if any, is to be the responsibility of any and all prospective bidders. Whether prospective bidders perform this subsurface exploration jointly or independently, it shall be left to the discretion of such prospective bidders. Subsurface exploration shall not be attempted without the approval of the Owner. The Geotechnical Boring Logs have been included in these specifications. 11/02104 ASC-56 PARTE -- SECTION 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), construction(s) or later revision(s). (See revisions listed on this sheet.) Sections E1 , E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes , the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. E1 E2 E2A INDEX MATERIAL SPECIFICATIONS CONSTRUCTION SPECIFICATIONS GENERAL DESIGN DETAILS Rev isions as of April 20 , 1981, follow : E1-2.4 E2-2 .11 Backfill : (Correct minimum compaction requirement to 95% Procto r density and correct P.I. values as follows : c . Additional backfil l requirements when approved for use in streets : 1. Type 'B' Backfill (c) Maximum plastic index (Pl) shall be§.. 2 . Type 'C' Backfill (a) Material meeting requirements and having a Pl of§. or less shall be considered as suitable for compaction by jetting . (b) Material meeting requirements and having a Pl of~ or more shall be considered for use only with mechanical compaction . Trench Backfill : (Correct Minimum compaction requirement wherever it appears in this section to 95% Proctor dens ity except for paragraph a.1 where the "95% modified Proctor density" shall remain unchanged .) E-1 -- SECTION E100 -MATERIAL SPECIFICATIONS MATERIAL SPECIFICATIONS January 1, 1978 (Added 5/13/90) E100-4 WATERTIGHT MANHOLE INSERTS E100-4 .1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the Fort Worth sanitary sewer collection system . E100-4.2 MATERIALS AND DESIGN : a . The manhole insert shall be of corrosion-proof high density polyethelene that meets or exceed the requirements of ASTM D1248, Category 5, Type Ill. b . The minimum thickness of the manhole insert shall be 1/8". c. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions . The gasket shall be made of closed cell neoprene rubber and meet the requirement of ASTM D1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide woven polypropylene or nylon webbing, with the ends treated to prevent unraveling . Stainless steel hardware shall be used to securely attach strap to the insert. e . The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours . E100-4.3 INSTALLATION : a . The manhole frame shall be cleaned of all dirt and debris before placing the manhole insert of the rim . b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim . E-2 PARTF CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date~ NAME OF PROJECT: Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 PROJECT NUMBER: P253-609170043983/P258-709170043983 IS TO CERTIFY THAT: Oscar Renda Contracting, Inc. is , at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described . Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury : Liability Insurance (Public Ea. Occurrence : $ Liability) Property Damage : Ea. Occurrence : $ Blasting Ea. Occurrence : $ C ollapse of Building or structures adjacent to Ea. Occurrence : $ --- excavations Damage to Underground Utilities Ea. Occurrence : $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea. Person : $ Ea. Occurrence : $ Property Damage: Ea. Occurrence: $ Bodily Injury: Contractual L iability Ea. Occurrence: $ Property Damage : Ea. Occurrence : $ Other Locations covered : ----------------------------------- Des c rip ti on of operations covered:----------------------------- The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured , the above policies contain such special requirements , either in the body thereof or by appropriate endorsement thereto attached. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer 's liability insurance coverage under Contractor's worker's compensation insurance policy. Agency Insurance Co .: ___________ _ .o...F""'ort:..=......:W..:...o""'rt:..:;h'-'--'-'A"'g"'e!.-"nt,_ ____________ By __________________ _ Address ________________ _ Title ------------------ CONTRACTOR COMPLIANCE WITH WORKERS ' COMPENSATION LAW Pursuant to V .T.C.A Labor Code Section 406.096 (2000), as amended , Contractor certifies that it provides workers ' compensation insurance coverage for all its employees employed on city of Fort Worth Department of Engineering No. 5132 and City of Fort Worth Project Number P253-609170043983/P258-709170043983 STATE OF TEXAS § COUNTY OF TARRANT § Oscar Renda Contracting, Inc. CONTRACTOR By : 1K /lC:: U, ,a Presulen t Title co( z. {01. Date BEFORE ME, the undersigned authority, on this day personally appeared PQ..tAI t. Q,e4101t , known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Oscar Renda Contracting, Inc. the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND ~PA.I rw r,m ICE this ,Z,day of lk,1°~06 . JANIE RODRIGUEZ Notary Public. State ofTexas My Commission Expires Morch 14, 2010 VENDORCOMPLIANCETOSTATELAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders . The law, that in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in the order to obtain a comparable contract in the state in which the non-resident's principle 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 contractor 's to do so will automatically disqualify that bidder. Resident bidders must check the box 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), or 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. B BIDDER: Oscar Renda Contracting, Inc. By: ___ F_r_a_n_k __ R_e_n_d_a ____ _ Company (please print) 522 Benson Lane Signature: ~~i--= Roanoke, TX 76262 Thk: Vice President City State Zip THIS FORM MUST BE RETURNED WIIB YOUR QUOTATION F-3 Bond No. 104758171 PERFORMANCE BOND THE ST A TE OF TEXAS § KNOW ALL BY THESE PRESENTS : COUNTY OFT ARRANT § Travelers Casualty and That we (I) Oscar Renda Contracting, Inc. as Principal herein, and (2) Surety Company of Ame5ica a corporation organized under the Jaws of the State of (3) Connecticut , 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: Two Million One Hundred Ninety-four Thousand Seven Hundred Fifty-five and no/100 ........................ .. Dollars ($2,194,755.00) for the payment of which sum we bind ourselves , our he irs , executors, administrators , successors and assigns , jointly and severally, firmly by these present. WHEREAS , Principal has entered into a certain written contract with the Obligee dated the 26thof September, 2006 a copy of which is hereto attached and made a part hereof for all purposes, for the construction of: Sanitary Sewer Rehabilitation Contract LXX {70), Part 3 NOW THEREFORE, the condition of this obligation is such , if the said Principal shall faithfully perform the work in accordance with the plans , specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void ; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code , as amended , and all liabilities on this bond shall be determined in accordance with the provisions of such statute , to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this 26th day ofSeptember,2006. (SEAL) NOTE: Pinson Oscar Renda Contracting, Inc. PRINCIPAL BY: 'J:{ ilC-== Title: u, ce PrF'2Lden-t 522 Benson Lane Roanoke.TX 76262 Travelers Casualty and Surety Company of America ::et y ~ l hf-;: · Name: Lorrie Scott (Attorney-in-fact) Address : 4021 Hwy 377 South Fort Worth, TX 76116 Telephone Number: 817-737-4943 (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. THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond :t'b. 104758171 PAYMENT BOND KNOW ALL BY THESE PRESENTS : That we (l ) Oscar Renda Contracting, Inc.as Principal herein , and (2) a corporation organized and existing under the laws of the State of(3) , as surety, are held and firml y bound unto the City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein , in the amount of Two Million One Hundred Ninety-four Thousand Seven Hundred Fifty-five and no/100 .......................... Dollars ($2,194,755.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs , executors , administrators , successors and assigns , jointly and severall y, firml y by these presents : WHEREAS , the Principal has entered into a certain written contract with the Obligee dated the 26th day of September AD. , 2006, which contract is hereby referred to and made a part hereof as if full y and to the same extent as if copied at length , for the following project: Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 NOW , THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH , that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253 , Texas Government Code , as amended) supplying labor or materials in the prosecution of the work under the contract , then this obligation shall be void ; otherwise , to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code , as amended , and all liabilities on this bond shall be determined in accordance with the provisions of said statute , to the same extent as if it were copied at length herein . IN WITNESS WH E REOF , the dul y authorized representatives of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this 26th day of September, 2006. (2) Travelers Casualty and Surety Company of America (3) Connecticut Oscar Renda Contracting. Inc. ~~CI:1,c/lC-- Name: --+~~~12~~~/J.)~/,( _____ -../_, Title : _\~J •~Ci~Pc~~~' d ......... en~t~--/ - (SEAL) ~~:~ 522 Benson Lane Roanoke, TX 76262 Travelers Casualty and Surety Company of America NOTE: Pinson I. Correct name of Principal (Contractor). 2. Correct name of Surety. 3 . State of incorporation of Surety. Name : Lorrie Scott Attorney in Fact Address: 4021 Hwy 377 South Fort Worth, TX 76116 Telephone Number: __ 8_1_7_-_73_7_-_4_9_4_3 __ 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. Bond No. 10475871 MAINTENANCE BOND THE ST A TE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That Oscar Renda Contracting, Inc.(Contractor), as principal , and ( 2) , a corporation organized under the laws of the State of ( 3) , (Surety), do hereby acknowledge themselves to be held and bound to pay unto the Ci ty o f 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 Two Million One Hundred Ninety-four Thousand Seven Hundred Fifty-five and no/100 .......................... Dollars ($2,194,755.00) 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 entered into a written Contract with the City of Fort Worth , dated the 26thday of September 2006copy of which is hereto attached and made a part hereof, the performance of the following described public improvements : Sanitary Sewer Rehabilitation Contract LXX (70), Part 3 the same being referred to herein and in said contract as the Work and being designated as project P253- 609170043983/P258-709170043983and 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 rema in in good repair and condition for and during a period of after the date of Two (2) Years after the date of the final acceptance of the work by the City; and I 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 itsel f to repair or reconstruct the work in whole or in part at an y time within said period , if in the opinion of the Director of the Water Department of the City of Fort Worth , it be necessary ; and , WHEREAS , said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct sa id work as here in prov ided . NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these_presents shall be null and void , and have no force or effect. Otherwise this Bond shall be and remain in full force and effect , and the City shall have and recover from the Contractor and Surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted . (2) Travelers Casualty and Surety Company of America (3) Connecticut 11/!ii STPAUL ~ TRAVELERS ;-WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY ., Attorney-In Fact No. Farmington Casua lty Co mpany Fidelity and Guaranty Insurance Compa ny Fidelity and G uaranty Insurance Underwriters, Inc. Seaboard Su r ety Company St. Paul Fire and Marine Insurance Company 2 14420 St. Paul Guardian In surance Co mpan y St. Paul Mercury Insurance Company Travelers Cas ualty and Surety Compa ny Travel ers Casualty and Surety Company of America United States Fidelity and Guara nty Co mp any Certificate No . Q Q Q 4 2 Q 6 7 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York , th at St. Paul Fire and Marin e In surance Company, St. Paul Guardian In surance Company a nd St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota , that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty a nd Surety Company of America are corporati o ns du ly organized under th e la ws of th e State of Connecticut , that United States Fidelity and Guaranty Company is a corporation duly orga ni zed und er th e laws of the State of Mary la nd , th at Fidelity and Guaranty In surance Company is a corporation duly organized und er the law s of the State of Iowa, and that Fidelity and Guaranty In surance Underwriters , In c . is a corporation duly o rganized und er the law s of the State of Wisconsin (he rei n coll ect ive ly called th e "Companies"), a nd t hat the Companies do hereby make , constitute and appoint Steven B. Siddons , Shirong Chen , Holly A . Gravenor, and Lorrie Scott of the City of Fort W orth , State of Texas , their true and lawful Attorney(s)-in -Fact, each in their se parate capacity if more than one is named above, to sign, execute , seal and acknowledge any and all bonds , recognizances , conditional undertakings and other wr itings obligatory in the nature th ereof on behalf of the Companies in their business of guaranteeing th e fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings a ll owed by law. 16th IN WITNESS WHEREOF , th e Companies have caused thi s instrument to be signed and the ir corporate seals to be hereto affixed, this __________ _ d f Febru ary 20 06 eyo , . State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty In surance Company Fidelity and Guaranty In surance U nd erw riters , Inc. Seaboard Surety Compan y St. Paul Fire and Marine In su ran ce Co mpany By: St. Paul Guardian In suran ce Company St. Paul Mercury In sura nce Co mpan y Travelers Cas ualty and Surety Company Travelers Cas ualty and Surety Company of America United States Fidelity and Guaranty Co mp any On thi s th e 16th day of February 2006 , before me personally appeared George W. Thompson, who acknowledged himse lf to be th e Seni or Vice President of Farmington Cas ualty Company, Fidelity and Guaranty In surance Company, Fidelity a nd Guaranty In surance Underwriters , In c., Seaboard Surety Company, St. Paul Fire a nd Marine Insurance Company, St. Paul Guardian In surance Company, St. Paul Mercury In surance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uni ted States Fidelity and Guaranty Company. and that he , as suc h , be in g authorized so to do , execut ed th e foregoing instrument for the purposes th e rein con tain ed by signing on behalf of the corporations by him self as a duly authorized officer. In Witness Whereof, I hereunto set rn y hand and official sea l . My Commission expires th e 30th day of June , 2006. 58440-9-05 Printed in U.S .A. '-Mari e C. Te treault. Notary Public WARNING : THI S POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER .. WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER I Thi s Power of Att o rn ey is gra nt ed under a nd by the auth o rit y o f th e foll o win g resolution s ad o pt ed by the Boa rd s of Direct ors of Farmington Cas ualty Company, Fideli ty and G uara nt y In sura nce Co mp any. Fide lit y a nd Gu ara nt y In suran ce Und erwrite rs. In c., Sea board Surety Compan y. St. Paul Fire and Marine In surance Compa ny , St. Paul Gu ardia n In s ura nce Compa ny. St. Pa ul Me rc ury In suran ce Com pany. Trave le rs Casua lt y and Surety Company. Trave lers Cas ualt y and Sure ty Compan y of Ameri ca , and United State s Fi delit y and G uarant y Com pany, whi c h resolution s a re now in full fo rce a nd e ffec t , readin g as foll ows: RESOLVED , th at the Cha irm a n . th e Pres ide nt , any Vi ce Cha irm an , any Ex ec uti ve Vi ce Pres id e nt. any Seni or Vi ce Pres id e nt , any Vi ce Pres id e nt , any Second Vice Pres id e nt. th e Treas urer, a ny Ass ista nt Tre asure r, th e Corp orate Secre ta ry o r a ny Assista nt Secreta ry ma y a ppo int Atto rn eys-in -Fact and Age nt s to act for and on be half o f th e Comp any and m ay give such a ppo int ee such a uth o rit y as hi s or he r certifi cate of autho rit y may presc rib e to s ign with th e Co mpan y 's nam e and sea l with th e Co mpany's sea l bond s , recogni zances , contracts of ind e mnit y, and oth e r writings o bli gatory in th e nature o f a bond . recogni zance , o r conditional undertaking, and any o f sa id o ffi cers or th e Boa rd o f Directors al any tim e may re move a ny such a ppo intee and revoke th e power g ive n him o r he r: and it is FURTHER RESOLVED , th at th e C ha irm an , th e Presid ent , any Vi ce Cha irm an , any Exec uti ve Vi ce Presid e nt. any Se ni o r Vi ce President or an y Vi ce Pre sident may de legate a ll or an y part of th e fo regoin g a uth orit y to o ne o r more o ffi cers or e mpl oyee s of thi s Compan y, pro vid ed th at eac h such de leg ation is in wr iting and a copy th ereo f is fil ed in th e offic e of th e Secretary ; a nd it is FURTHER RESOLVED, th at any bo nd . recogni za nce, contrac t of ind emnity, or writin g obli gatory in th e nature of a bo nd . recog ni za nce , or con d itional undertaking shall be valid and bin d in g upo n th e Company when (a) s igned by th e Pres id ent , an y Vi ce Chairman , any Ex ecutive Vi ce Pre s id e nt , an y Se nior Vice Pre sident or a ny Vice Pres id e nt , any Second Vi ce Pres id e nt , th e Treas urer, an y Ass istant Treasurer , th e Corporate Secretary or a ny Ass istant Secretary a nd dul y att ested a nd sealed with the Company 's seal by a Secre ta ry o r Ass istant Sec re tary ; o r (b) dul y exec ut ed (unde r sea l, if required) by on e o r more Att orn ey s-in -Fa c t and Ag e nt s pursuant to th e po wer presc ribed in hi s or her certi fica te o r th e ir certificates o f auth orit y or by o ne or more Comp a ny office rs pursuam to a writte n de leg ation of a uthorit y; and it is FURTHER RESOLVED , th at th e s ignature of each o f th e follo w in g offic ers: Pres ident , any Exec uti ve Vi ce Pres id e nt. a ny Se nior Vic e Preside nt , any Vic e Pres ident , any Ass istant Vi ce Pre s id e nt , any Sec retary, a ny Ass istant Sec re tary , and th e sea l o f the Company may be a ffi xe d by fa cs imil e to an y power of attorne y or to any certifi cate re latin g th ereto a ppo intin g Resid e nt Vic e Pres id ent s , Res id e nt Ass istant Secreta ries o r Attorn eys-in -Fac t for purposes onl y of executin g and attestin g bonds and und e rt akin gs a nd oth e r writin g s obli ga tor y in th e na ture th ereof, and any s uch powe r of attorney or ce rtifi ca te bearin g s uch fac s imi le s ignature or facsimile seal shall be va lid and b indin g up on th e Com pany a nd any suc h power so execut ed and certifi ed by s uc h facs imil e s ignature and facs imil e seal shall be va lid and bindin g on the Comp a ny in the f uture w it h res pect to a ny bo nd or und e rstandin g to whi c h it is attached. I , Ko ri M . Joh anson , th e und e rs igned , Ass istant Secretary, o f Farmin gton Ca s ua lt y Company, Fid e lit y and Gu aranty In s uran ce Company, Fidelity and G uaranty In surance Und erwriters , In c ., Sea board Surety Comp a ny, .St. Pa ul Fire and Marine In surance Compa ny, St. Paul Gu ardi an In surance Company, St. Paul Me rcury In s urance Compa ny, Trave lers Cas ua lt y and S ure ty Compan y, Trave lers C as ua lt y a nd Surety Company of Am e ri ca , and Unit ed St ates Fidelity and Gu arant y Company do hereby certi fy th at th e above a nd fo regoin g is a true a nd correct copy of th e Power of Att orn ey ex ecuted by said Companies , whi c h is in full fo rce and e ffect and has not been revoked. 0 ~ Kori M. Joh ans To ver ify th e a uth e nti c it y of thi s Power of Att orn ey , call 1-8 00-421-3880 o r cont ac t us at www .stp a ult rave lers bond.com . Pl ease re fe r to th e Att orn ey -In -Fact number, th e a bove-named indi vidual s and th e deta il s of the bond to which th e power is att ac hed. WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ....... TravelersJ IMPORTANT NOTICE IO OBTA[N INFORMATION OR MAKE A COMPLAL\Tt You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Sure1y Compa.ny , Travelers Indemn ity Company, Standard Fire Insurance:: Compan y and/or Farmington Casualty Company for information or to make a complaint at : Travelers Bond Attn : Claims 1500 Market Street We,t Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-313 0 (26 7) 675-3102 Fax You may com a.ct the Texas Department of Insurance to obtain the inform at ion on comp anies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH TH1S NOTICE TO YOUR BOND . Th-is notice is for information only and does not becom e a part or a condition of the attached document and i s given rn com ply with Section 2253-021, Government Code , and Section 53 .202. Pro perty Co de, effect ive September l , 20b l IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ... On November 26 , 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism . We are providing you w ith this notice to i nform you of the key features of the Act, and to let you know what effect, if any , the Act will have on your premium . Under the Act, insurers are required to provide coverage for certain losse? caused by international acts of terrorism as defined in the Act. The Act further provides that .the Federal Government w ill pay a share of such losses . Specifically , the Federal Government w ill pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travel ers ' statutorily established deductible for that year. The Act also c aps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100 ,000 ,000 ,000 .00 , provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond ( or the poli cy o r bond being quoted). Please also note that no separate additi o nal premium charge · has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall prem ium , and is no more than one percent of your premium . IN WITNESS WHEREOF , this instrument is executed in !_counterparts, each one of which shall be deemed an original , this 26th day of September, A .D. 2006. ATTEST : (SEAL) ATTEST: (SEAL) '-..,, - Oscar Renda Contracting. Inc. Contractor ~;~.~~ .. Title : \j l c.€3,e,tt>E~ Travelers Casualty and Surety Company of America Surety BY: Name : __ ID~rr~i~e~S~co~tt~------ ./ Title : Attorney-In-Fact -. 4021 Hwy 377 South Fort Worth, TX 76116 Address PART G-CONTRACT THE ST A TE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into the 26th day of September. 2006and between the City of Fort Worth , a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and Oscar Renda Contracting, Inc.the City of Roanoke County of TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned , to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete certain improvements described as follows : Sanitary Sewer Rehabilitation Contract LXX {70), Part 3 And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials , supplies , machinery, equipment, tools , superintendent, labor, bonds , insurance , and other accessories and services necessary to complete the said construction, in accordance w ith all the requirements of the Contract Documents, which include all maps, plats , blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each o f wh ich has been identified by the endorsement of the Contractor and the Engineers thereon , together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached , including the Fort Worth Water Department General Contractor Documents and General Specifications , all of which are made a part hereof and collectivel y and constitute the entire contract. The Contractor hereby agrees to cor11mence work within ten (10) days after the date written notice to do so shall have been given to him , and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefore , subject to additions and deductions , as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein . IN WITNESS WHEREOF , the Parties to these presents have executed this Contract in ~counterparts in the year and say first above written. - City ofFort Worth, Texas (Owner) Oscar Renda Contracting, Inc. 522 Benson Lane Roanoke, TX 76262 Contractor By: 1/;fJU- Title : \J t <.S Pr:es.,der\ t APPROVED : A . Douglas Rademaker, P .E. Director Department of Engineering :- ATTEST : m~ City Secretary -- (Seal) WITNESSES: ntr f\~ Authorizatioa '0 ~&icrCLQ Date Appendix A ,r '"" SCALE: 1" 2 I •fRONT DR . . I legend Core Location / DA TE : JUNE 2006 SHEET DESIGN : JRA E2 DRAWN : KLD CHECKED: GAG KHA NO .: 061018025 Of 1 SHEETS ,.,._ Pl.OT DATE P\.OT TME INTERSTATE 30 3 '1 ~ . /. \ / l y - / cf>0 4 s"'>'<' '1 ~\If ~)'<}0 UNIVERSI TY PARK DR . ss'· 6 '1 {>-\)\)· --.s--j sol'l "'7 i A ~ c-P-· . '1 / ; uL_ ~ L ~ 1 ~ COLLI 1 ,mRTH ST . 8 '1 9 '1 '1 10 1111"1-n Kimley-Horn lilllllii..J-LJ and Assoc iates, Inc. 801 a-y St, -mo Fl w°"" TX 79'02 817-n Pavement Core Locations I ~ I 4) I c:f I "' ---+----1---f.l~ ---',--(f,....__0 _ s~ --I City of Fort Worth Sanitary Sewer Rehabilitation Contract LXX (70) Unit II CITY OF FORT WORTH CONSTR UCTION SERV1CE S LABORATORY RESULT S FO R TEST HOLE AND PLASTICITY INDEX PROJE CT: SANIT.Z\RY SE WER REHAB LXX DOE NO . : 4 31 S FUND CODE : 01/02 HOLE # 1 LAB NO": LOCATION : OLD UNIVERSITY @ ROSEDALE E/4 5.00" HMAC 2.00" BROWN SAND W/GRAVEL 5 .00" REDDISH BROWN SANDY CLAY W/GRAVEL 8.00" RED SAND ATTERBURG LIMITS: LL: 22.7 PL : 15.7 PI: 40793 7.0 SHRKG: MUNSELL COLOR CHART: 6/4 LIG HT YELLOWISH BROWN SAND UNIT WEIGHT: 146.0 :/1/CFT HOLE # 2 LAB NO: 4 0794 LOCATION: 1401 OLD UNIVERSITY CL 3 .00" HMA C 3.00" GRAVEL 14.00" DAR K BROWN SANDY CLAY W/GRAVEL ATTERBUR G LIMITS: LL: 41. 4 PL : 21. 0 PI: 20 .4 SHRKG: MUNSELL COLOR CHAR T : 5/2 GRAY I SH BROWN CLAY . UNI'!' WEIGHT: 138.0 #/CFT HOLE ff 3 LAB NO: 4 0795 LOCATION : 1500 er:e,, UNIVERSITY W/4 13.00" HMA C 3 .00" BROWN SANDY CLAY W/GRAVEL 4 .. 00" GRAY SANDY CLAY W/GRAVEL ATTERBOR.G LIMITS: LL: 2 7.1 PL: 14 .8 PI: 12 .3 SHRKG: MUNSELL COLOR CHART: 6/2 LlGHT BRO WN ISH GRAY CLAY UNIT WEIGHT: N/A :# /CFT HOLE # 4 LAB NO: 40796 LOCATION : 1525 6H) UNIVERSITY CL 5 .00" HMA C 4 . SO " CO NCRETE (COMPRESSIVE STRENGTH 3810 PSI) 3. 00 " BROWN SANDY CLAY W/GRAVEL 7.50" DARK GRAY CLAY ATTERBURG L I MITS: LL : 28 .. 1 PL : 16.l PI : 12.0 SHRKG : MUNSELL COLOR CHART: 5/2 GRAYISH BROWN SA NDY CLAY UNIT WEIGHT: N/A #/C FT .,,. ,,, 1. 0 % 10.0% j 8.0% 8.0% 2 DOE # 4 315 HOLE # 5 LAB NO: 40 797 LOCATIO N: E/4 OF S. UNIVERSI T Y DR. 100 ' NORT H OF OLD UNIVERSI TY 4. 5 0 ,, HMAC 7.00" CONCRETE (COMPRES SI VE STRENGTH 5948 PSI) 8. 50 " aROWN CLAY AT TERBORG LIMITS: LL: 29 .7 PL : 16.0 PI: 13.7 SHRKG: 10 .0 % MUNSELL COLOR CHART: 5/3 BROWN CLAY UNIT WEIGHT: N/A #/CFT HOLE # 6 LAB NO: 407 98 LOCATION: CL OF s . UN IVERS I TY DR . 50' SOUTH OF OLD UNIVERSITY 6 .00" HMAC ~.50 " CONCRETE (COMPRES S IVE STRENGTH 5819 PSI ) 7.5 0 " DQARK BROWN CLAY W/GRAVEL ATTERB URG tIMITS : LL: 25 .5 PL: 14 .3 PI: 11 . 2 SHRKG : 6.0% MUNSELL COLOR CHART: 5/3 BROWN SANDY CLAY UNIT WEIGHT : N/A # /CF'T HOLE# 7 LAB NO: 40799 LOC ATION: 1660 S . UNIVERST I Y DR . W/4 3 .00" HMAC 8 .50 " CONCRETE (CO MPRESSI VE STRENGTH 49 32 PSI) 8 .50" DARK BROWN CLAY W/GRAVEL ATTERBURG LIMITS : LL: 42 .4 PL : 27 .7 l? I : 1'1 . 7 S HRKG: 9 .0 % MONSELL COLOR CHAR T: 5/2 GRAYISH BROWN SANDY CL/.\Y UNIT WEIGHT : N/A # /CF'T HOLE # 8 LAB NO : 40800 LOCATION: CL OF S . UNIVERSI TY DR . 20' SOU TH OF CO LL IN SWORT H 7. 00;' HMAC 7. 00'' CONCRETE (COMPRESSIVE STRENGTH 5954 PSI ) 6 .00" BROWN CLAY W/GRAVEL ATTERBORG LIMITS: LL : 2 0 .4 PL : 12.1 PI: 8 .3 S HRKG: 6.0 % MUNS.ELL COLOR CH.ART : 6/3 PALE BR OW N SANDY CLAY UNIT WEIGHT: N/A #/CFT HOLE # 9 LAB NO : 40801 LOCATION: 1712 S. UNIVERSITY DR . E/4 13 . 50 '' HMAC 6.50" CONCRETE (COMP RESSIVE STRE NGTH 5540 PSI) 2 .50" BROWN SANDY CLAY ATTERBURG LIMITS: LL: 22 .3 PL : 11. 0 PI: 11. 3 SHRKG : 5.0 % MUNSE LL COLOR CHART: 6/3 PALE BROWN SANDY CLAY UNIT WEIGHT : N/A #/CfT I J._ DO S# 431S HOLE # 10 LA B NO: 4 0702 LOCATION : W/4 OF S. UNIVERSITY DR. 30' SOUTH OF RIVERFRONT 3 .00 " HMA C 6 .50" CONCRETE (COMPRESSIVE STRENGTH 5929 PSI) 11. SO'' BROWN SANDY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 27 .0 PL: MUNSELL COLOR CHART: 5/2 UNIT WEIGHT: N/A if /CFT APPP ROVAL: DA TE TESTED: 08-15-04 DA TE REPORTED: 08-2 3-04 t TESTED BY: HERNANDE Z Gf<AYISH 13 .9 PI: 13. 1 BROWN SANDY CLAY ROUTING ABE CALDERON LIAM CO NLIN FILE SHRKG: 8. 0%- 3 8: X!PUaddy A. D. Uhrich Assistant Vice President J. A Anthony Director-Contracts 0 . b. Brown Director-Real Estat e M. W. Casey General Director-Special Propert ies J.P. Gade Oirecior-Facility Management UNION PACIFIC RAILROAD COMPANY Real Estate Cepaitment 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 99?_:3601 J . L Hawkins Director-Operations Support M. E. Heenan · Director-Administration & ·Budgets 0 . H. Lighrwine Oiree1or -Real Estate T. K Love Director-Real Estate August 27, 2001 Folder No. 1020-74 FJLE COPY :MR. FRED SCOTT ---·-;F:;-;:O:;-;:R;--;:;T:;-:;w=o~R;:;:;TH,~.TEXA=;;-;.:;s;--, "'CI:.;:;TY~Oa-;F:.-----~-------------------- 927 TAYLOR ST. FORT WORTH, TX 76102 RE: Proposed Wastewater Pipeline Encroachment of Railroad Property at Mile Post 249 .90 on the Baird Su~division at or near Ft Worth, Tarrant County, Texas . Dear Fred: Attached is your original copy of our AgTeement, fully executed on behalf of the Railroad Company. When you or your representative enter the Railroad Company's property, a copy of this fully- executed document must b~ available at the site to be shown on request to any Railroad employee or official . If this construction is to be done by a contractor, before work can begin, the Contractor's Right of Entry Agreement must be executed by the contractor and returned to me, together with their proof of insurance, as provided in this Agreement. · In accordance with the tenns of the Agreement, you are required to notify the following Railroad Company's Manager of Track Maintenance and the Fiber Optics Hot Line at least 10 days in advance of the date you plan on entering the right of way for further: instructions and approval to commence construction. . Mr . Charles L. Cutrer, MTM Union Pacific Railroad Company P .O . Box 2368 Rm. 305 Ft: Worth, TX 76113-2368 Phone: 817 /878-0843 Fax: 817 /878-4562 Fiber Optics Hot Line: 1-800-336-9193 FORT WORTH,· TEXAS, CITY OF Page 2 As an additional note, the casing and carrier pipe must be placed a minimum of two (2) feet below any existing fiber optic cable . Any open excavation required within five · (5) feet of the fiber optic cable must be dug by hand. All future insurance notices should be forwarded to : Real Estate Department FolderNo: 1020-74 Union Pacific Railroad Company 1800 Farnam Street Omaha, NE 68102 --.---··--ffyotrhave-any-question:s;-p-lease-conta:ctme-at-(4-02-)-99-7=3trz3. Yours truly, 0.,,, ~C.~ ~~L6ros~ Contracts Representative ·1 PLE .OOC 980220 Form Approved, A VP-Law LONGITUDINAL PIPELINE ENCROACHMENT AGREEMENT Between Mile Posts 248.50 and 249.90, Baird Subdivision Location: Ft Worth, Tarrant County, Texas ORIGINAL Folder No: 1020-74 TillS AGREEMENT is made and entered into as of October 18, 1999, by and between UNION . PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and FORT WORTH, TEXAS, CITY OF, a Texas municipal corporation, to be addressed at 927 Taylor St., Fort · ----Worth,T.ex.as-'Z6.102...(hereina:fter_th.e.1icensee.'...').___· _____________________ .. IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon executi_on of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of O]'ffl HUNDRED SIXTY-EIGHT THOUSAND FOUR HUNDRED FIFTY-FOUR DOLLARS ($168,454.00). Article II. LICENSOR GRANTS RIGHT. In consideratiou of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements ·herein contained to be by 0e Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the . right to construct and thereafter, during the term hereof, to maintain and ·operate pipeline encroaclunent for conveying municipal wastewater only (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated April 27, 2001 and marked Exhibit "A". Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than _conveying municipal wastewater, and said Pipeline shall not be used to convey any other substance, -any fiber optic cable, or for any ·other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article lII. -CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Folder No. 1020-74 Page 1 August 21, 2001 Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then . the Licensee shall require its contractor to e?(ecute the Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges . receipt of a copy of Contractor's Right of Entry Agreement and understanding of its terms, prov:isions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 1020-74, issued by its insurance carrier confirming the existence· of such insurance and that the policy or policies contain the following~'!_Q.9rsemen_t:'-----· --~ UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work pezformed on or associated with the . 'Pipeline' located on Railroad right-of-way at Mile Post 249 .900 on the Baird Subdivision/Branch, at or near Ft Worth, Tarrant County, Texas . B . If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent Jaw, whichever ·is greater, a portion of which may be self-insured with the consent and approval of the Licensor C . AJI insurance correspondence shall be directed to: . Article VI. TERM. FolderNo. 1020-74 Union Pacific Railroad Company Real -?state Department 1800 Farnam Street Omaha, NE 68102 Tiris Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided . Article VII. SPECIAL PROVISIONS Upon completion of the installation of the pipeline, Licensee agrees, at its sole cost and expense, to pave the Railroad Right of Way road within the limits of the pipeline, such paving to be done in accordance with Exhibit C attached hereto . In addition, Licensee shall be responsible for the cost of flawng or other protective services or devices provided by Licensor. Folder No. 1020-74 Pagel August 21, 2001 Sections l(a), 4, 5(a), lO(a) and 13(b) are hreby amended as follows: Section 1 LIMITATION AND SUBORDINATION OF RJGIITS GRANTED (a) 'This grant is expressly subject and subordinate to the present and future right in Licensor, its successors and assigns, lessees, grantees and licensees to maintain, use, operate, and renew on, beneath or . above surface of the Property any telephone, telegraph, power, communication or signal lines, poles and/or appurtenances, fiber optic communications, tracks, roadway, pipelines, structures, improvements or facilities of similar or different character, as now located, and to construct, install, establish, and thereafter maintain, use, operate and renew on, beneath or above the surface of the Property, any or all said things · provided the same do not materially interfere with Licensee's use of the Property as hereinabove provided; provided further, however, the foregoing condsitions for future construction and installation shall not apply to railroad tracks and appurtenant facilities which Licensor, its successors and assigns, shall have the right to install, construct, maintain and operate on, over or under the Property at any and all times. Upon the determination by Licensor that further tracks should be built on the Property and such ----£i .... atttre-Rzi:lroad ·tise.viil·require-era:a:serrre-~mforcemenCTelocatfon; or mooificat1ons tothePipelin_e_, .-th=-e----- work and the costs of such encasement, reinforcement, relocation, or modifications shall be by Licensee. Section 4 LICENSEE TO BEAR ENTIRE EXPENSE _The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in c01mection therewith for supervision, inspection, flagging, or otherwise, such. expense to be computed in accordance with Licensor's customary practices. Section 5 REINFORCEMENT, RELOCATION OR REMOVAL OR PIPELINE (a) In the event that the property is required for Railroad purposes, Licensor may upon no less than' six months' written notice to Licensee, require encasement, reinforcement, relocation, or other modification to the Pipeline in accordance with Licensor's reasonable standards so as to accommodate Licensor's use of the Property: The encasement, reinforcement, relocation and/or rnodification shall be at the expense of Licensee. Provided, however, that this requirement shall apply only in cases of strict necessity and shall never be construed to allow a ·Railroad use which would defeat the fundamental purposes of the Pipeline constructed by Licensee on the Property. Section 10 INDEMNTIY (a) To the extent that it may lawfully do so, Licensee hereby ass_umes and discharges Licensor from, and shall defend, indemnity and save hamtless Licensor from and against, any and all claims, suits, damages, costs (including attorneys' fees), losses, outlays, and expenses of any nature whatsoever (1 rt) in any manner resulting from, arising out of or incident to the installation, construction, maintenance, repair, reconstruction, relocation; removal, use or existence of the Pipeline and appurtenances thereto, or any part thereof, including the breaking of any part thereof and any leakage therefrom, or (2nd) resulting from or growing out of ai:iy failure of Licensee to comply with or perform any of the obligations, terms or provision on Licensee's part to be complied with or performed hereunder. Licensee further agrees to assume all risk of loss or damage to the Pipeline regardless of how caused; provided, however, the foregoing indenmification provisions shall not apply to any claims, suits, damages, costs, losses, outlays and Folder No. 1020-74 Page J August 21, 2001 expenses for which Licensor shall have been fully compensated through the Licensee's insurance required herein . Nothing contained he rein shall ever be construed so as to require Licensee to assess, levy or collect any tax to fund this indemnification obligation. Section 13 TERMINATION Section 13(b) of the Exhibit B, hereto attached, is hereby deleted. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. FORT WOR:I;H, TJi:XAS, CITY OF I ' Folde r No. 1020-74 Page-4 August 21, 2001 ?Li!-r' ')m n fonn A..,,o .. r,!, A ¥1'-u"' EXHIBIT E Src:Uon I. SEE AATio.E--..·k:' ...... l .... /_: . -- (cl J,o locogoin 11-P · · • • UDO cmd mainlain llJ onllro property !ncludl.ng the righl and power of !ha Uccnsor lo co p . , r-on•w, UJ o. oporcno, cho.na 11 • modily or ro l oc:aio railroad lrach. aignal. co c:J, or ether .....-i.olln.o,, plpol!.no1 ar.d olhor l=lliUea upor\ oJono or ocrc:,J . 1 ropony. all or any ol which mCf'/ be !rooly d.ono ol crny l!m.11 or limR, by the Ucemor . . (.bl Tho lore9oln(T gronl (1 aho ~ubjoct lo all cub land.Ina niperior righb (in.eluding thoao In Javor o/ Ucons~a and lau 0011 o( tho [...i.coruor'j proporty. and cl.here) and lh• r!ght of tho Uceruor lo ronow and s:cter.d lhc :icm,.e , end i.a made without covenant ol liU-t or for qui al cr,Joymon.L Soc:Uon 2. (a) . Tho Pip.o!ino J hall bo CON truciod opei'mlx:!:""l't12llntc:rirrod;-rvpcirod;-N1A.SW&<i-modille<i.a:r.d/ouoc.oruJnJ .. ~lq_qJ;:i¥Jc9 LJcoru oo in nlnc:I conformity with lln!Dn Pacific Rail.rood Co . Common Standard SpecWcaticn 1029 adoplod No~rnbor J9i9, crnd"'-aU-=-=-~-- <DT!vndinenls thorool and ,upplemcnl, lhc?Qlo. whJch .by lNn ro!oronce l:i heroby rnodo a parl ho rec/, .i :m:1p1 ca may be mod.LD o,d and approved by'lha Ucon3or', Vlco Pro1ldonl-E.ng{n11 e r!ng Servic:n. 1n the ew:11 !ll.lch Speci!Jc:::rtlon con/Ucts {n crny rc,pec:I with Iha reQ'uirornontr . cl My /odorol • Im• or mun!c:!paJlaw or ro-(JUlat!on auch toqu.romcnlo .a hall govotn on all point,, al conlllcl l:ul v,. all ol},u ro.ipocu lho SpocUlcallon ,holl cpply. (b) All wore i;:orformQd on prcp&rty o/ !}io Uceru:or In con:iec:Uon with !hit corulruc:U.01\ mclt1lena:ncc, i-epai;-, ronawal, madUicotlon or r=or.:s truc:tlan o/ lho Pipo lino ,or.all bG dono 'lo tho ,ctU.,[action o! !ho licensor. . ~. . kl Pr!.or lo lh~ c:ornmorv:nrnenl ol ~ worl:: In ccnnoclicn w{lh ili,, coru ln.'Cticin. mo:inlcna:nce, ~pair. r~nawal. rn.odilicci.lon rolocaUon. roccrulnu:tion or rcrr.c•Ja! cl (hq Pipollnn who,,, ft pa.r uir undarnoat.h Iha road.b9d and lrcrc± or l.ra:d:s cl tho Ucorucr, \ho Uc al'\.1 oo 1 hall .rnl,mil lo th A Uc o n.ccr _o lal'l.a H !ting out tho t nQ tho d and manna r of h andllng .tJ:lo wo rk.. i.-u:ludlng I.ho I ho ring and cci;,bin~. U c:rny. nqulnid lo pro\ocl tho ~•rui..:'~ opur alic,n.,. ar.d ,hall n.c\ proceed with the·w-or\:: un Ul auch ,plaru h~ bean crppro~d by tho Vlc:o Pro,iciont~EnQ'{noorin9 Sr:rv!co:i of I.hi.• !.lcaruor and. lhsn the WQr\:: aha.ll bo don.o lo !ho aat!.!ilorj!on of th.II Vlco Pro1ident-Eng'.noorfog SoNicClr or hb crulbori.Ie<i ropro!lonla livo. T~" Uceruor ,holl havo th.o righl U It .10 ol.ocl.!. to pro~do rnc.h ,upporl c:i il may doom nec:o::sc:iry for IN> .rn/ely o! lb tr=Jc or lra.clc::; dw{ng the limo o( corutn.!cfon. mainloC'ancc, repair, renewal. modllica1.lon. rolocotlon. t"ocorulC\JcUoo or r_ornovt::tl ol tho :?ipolb.a, and. in the ovonl !ha !Jcoruor provid 0 .,. :::iuch auppori, lh11 Llc:t'NOO ahcill p"ay lo tho Uceruor. wj\}Jn /iltaon (LS) ciqr-i ofter bilh shaJJ hcxvo bGen ronderod lhoralor, all oxpon:.o Incurred D/ the l...i.c•nsor [n coMO-:lion lhortlWi\h. whJch o.rparu11 lhoU lncluda all (!:t1lgnoblw cont.A. [di Th.o Uc:onc«>0 a hall biop cmd main1ain \l:ie1 10!1 over lh,, Ptpelino ·thoroughly compoi:lod and tho grada o,.,en with tho cd,bi:oni" i;urlaco of lh11 ground. Sac:tion J. II an omc-rg ancy ahould ari.so reqlllting lmmedialc otlcn1!0"-li\e Ucon, ce> •hal.J provido a.. much noUco O.! prttcU.CablD to Uc:eruor ho/om cocnmoncinQ any work. In all olhor 1i!\l0Uoru. \h o Ucon.no 1hall notify tho lic:oruor 01 loa.,t Ian (I OJ d0)'3 (or 1 uch olhor limo a., lhe Liceruor may cllowl In advance of lhc c:ommcncomanl ol crny work \Jpon-propeciy ol t}i9 Llcsru or In c:onnact!on with lhD corultiJc:Uol'\. mcrlnlcna.n.:o . ropoir. ronowcl. mcdl/icclion rocorulruclion re loco.lion or remo\ltII cl the Plpt?l.ino. All ,uch worl: chall bo prosocvicd d.iligcr,Uy to comploUon.. SocUon <I . ,,, ... ,~ F•t• 1 cf~ r..dubll B AUG 27 200 1 10:54 I SEE ART1 ClE _,..._1/....._/--..J-· ; __ S<;r<;Uon ~-&lli[QBCD:1£:NI RO QCAJJQJ::I QB BEMOVAl Qf PIPPJNE ia) D,oJico:YO---~;-OIO~ lg g•i.bjool lo iho oood, C:X'ld-l>;Xr~fe,;"A~ 0{ ~ ~!'\:&~ w I (ho ~tObOii o{ j!, tdhO<:rd .cad bt lJ,..e ·lmproVtlm.onl and u.30 o/ (l» prop<idy. CD'ld tho Llcnn.too .nhall. at U'1.R 10!.e erpan..1r> o( ~Jo.cu t!'JJ1""RP"lliio, or mo"'° oU or crny portJon 0 / t,h; Pipg llne lo J uc · • · p• ins rom 1uch proporty. cu tho Uc eru or mcry doalgnat.,, ·, n ~ and rrqlilrems:nl!, lbc, [ ko"cor •ball God n1eh ac•ion rooouCP')•or aeW<lblD. (h) All lhe lo~. c:onc:JUoru and .itipulcrt.ioru horoln e:,rprau~d Wl'.lh n:,/oronc:i, lo lho Pipeline on property of tho Uceruor tn Iha locaUon h.orei.nholorn do:icribod :ihall. :,o tar m lho PipeUne ramcriru on lhe propeny. apply.I!> thr> Pipe Un.a ro mcd.1l!e,d. chcmged or rsloccrlcd within tho conlemplalion cl th!s s6lcUon.. Se~tJon 6. tl.Q lt:iWfwENCF:WlTI:i lJCENSOA'S 02ERAJJ01'J Tho Pipclbc and oU parl.:! lhc-reof .,.,1lhin end 01.Jl!lida ol lhc llmlu of lhe properly ol tho Uc;cn.aor Jhall be corulru::!c<l on.d. al alJ lime,. maint.clned. ropcrlred. unewod and oporo,od in such mCN\Or QJ lo c::nuo no lnlerf&ron.co whcrtsoovor-.....!lh lho con.llan~ contlnuow and unlntorruplod wool U\o tracb. properly crnd CocOitioa of tho Uceruor. a:nd nothizig :,hall boa dol"IO or aulforl>d to bo dorw by the Uca=oo afany"tirncn:hatwouldirronrrnonntt-lmpalr U>.o-aaJety-lhaLB.oL~----· S-.,cUo/\ 7. PBQITCJJON Of EJBEE opnc Q.B.6E SYS1™.i (cl f{b 11 r oplli: cab.le? 1y3lorn1 ~cry bo buried on lho Uceruor', property. ProlocllOJl of lho fiber opllc cc:ibl.e aY'tcm:i l.J of ortromo Irr.port:mco ,i..-,co Cl"IY brad: could cfurupl 1ervko lo \l:Jor1 ro,ulllng in bu,;incn ln!am.iplion end lo.a I of rovonuo and proBb. Licon• 00 ~l,alJ lolophorua Lho Llcoruor cl 1-800-JJe.9 l 93 (a 2-4-hovr m.1mborl lo d~larmino ~ fu,or optJc cab lo L, burl ad anywhor~ on l}u, Ucwl"\llor'1 pro11ul08 Lo be u,cd by tho Ucen:ico. IL It r,. Uconu• will tolopho1H1 lhe tolecommunicatlcn.:i company(!.oa) in=h-cd. arm:nqo /or a cabl..o !oc-cttor. mo.):A arrCin9omonb !or ;alo.::<rl!on or oth"!r protection o/ lh, fl.ber opllc cabls, all c1 U:oru<H>':i orper.ses, ond will colT\lnonco no worlc on the right of way u."liil ell !\Jen protoclion or relocation hen boen o=cmpUshad. Uceru 0-0 nhall lr.dotru\ify a:nd hold lhe Uc:oruor ha:rmlon lro.m and cigairul all coal&, Uablllty and oxperuo whcruoovwr l.l.ndud.ing, wilho\JI UmJloUqn:allomoys' (1111 ,. col.lrl cor.!2 CT.d o.:r:peru 01) aris(nq out ol or cmued b oriy way by Llceruao11 failuro to comply with tho provi1 loru of lhJ • poragi:-oph. (b) Ln oddit!on \o p_L'l\.or i.ndornn/ly proV1lioru ln lhln Agro omonl tho Uc111rue" ghalJ !ndomnlly· CJ1d hold \.he Llconaor ha:n:r\l011 !rem and aQcirul o.U cc:sl:l. UabUJty end o·rrio_ruo whauoavor f(nc:\uciing. wilhoul llmJtotion ailornoy:i' Iee:i.. court coab and orporu ~) CC1\l.! ad by .\.hs no~lig:mco ol !ho Uccroa 11. ll, conlroclor. 09cnu a:nd/or "!f1ployeo:i, ruulling-lr. {l l-cr.ny dci:mcgo lo or de,truclion ol r:rn'f lclocom.m\.ll"\icatioru 1yclom on Uc:o:u or', propor1y, and/er Cl) a:ny fn/ury to or domh al CIJ"\y por:ion ornployod by or on ~hall o( any tolocommUl\lcat:on:i company. and/or Ill conlc=iar, ogenl!t cr:nd)or Dmp!oyoo1. on Llcoruor'1 propotiy, o.D:epl U 11.l<:h coat.a. lid:ility or cxponsol aro CCI\.!S('(J 3o{oly by the dlnt<::t acli""' no17llgcnce of Iha Ucorucr. Llc,in:i CXl furlhar ~, U,crt il chaU r.ol have or HlO( r&cciwi a ogairu l Uccruor /or any claim or CCIU.Ie of ccUon_ for olloged loss of profilo or rovcnuo or lo:i:1 o! uirv1co or olhor c:or.soquontlal domago lo a \olocommunica\ion c:ompc.ny wing UcaNor'J properly or c cwlomnr or user ol aeMcu cl tho Li.b.tr optic ccblo on Uceruon; prop orly. Soclion 8. Q..a!MS AND l 100 £QR lABOR 6NP MAJIBk\L· TAXE~ {c) Th~ Ucaruoa ,hell Cully pay lor oU mcloriol, Joln111d or olli.:xod lo and labor por/crmed upon proporty sl tho Llcon.:sor 1n ccnnocllon wilh tho ecru irucll.;n. mc:inl• nonce, r•palr, r11ne?wal modUJcodonor rocoiub-ucUon cl llie ~p0Un11, and er.all n-el pormil or ,ullor any machanic':i or mau:irlclman'~ Ihm ol any llnd or n:il\l.T"e lo bo •nfor-eod cgcirut the proper-ty !or a:ny wcri:. dcroo or l"l\CJ\onal.i hJ1ni,hod lhoT"C<ln a1 tho ins lance er requul or on b,haJI of the Llcan:io ... TI,g Lic!mn o irha.ll indomnl}y and hold hcrmlo>l tho Uco ruor cgcir.J1t and lrom crny CI11d aU li.ons, claim). domand1. ccsll end a:rpensoc of whofaoevor no1ure In any way con.ncclcd \.Al\th or S'fOWV\g cul of ll\JCtl wor~ done. labor performed. or mott'rict.h h.:rnb hod. Cb} . ThQ Lko n, co l'hcll prompUy pay or dl,;charge all t=u1. cocr-g11.:1 and a.:i,esJm onb levied upon Ln re, poet lo, or on occ:o\J!U of the Pipo\ino. le prevt"nl lh11 ~amo lrom bocoming CI chm9e er U~n upon -property o/ I.ho Uceruor, and ~o lhcrt I.ho la:x:s,. ch::rraei end cs:ic~Jmenl:, lcv< .. d upon or If\ rupee! lo i;uch properly Jholl nol be incroo,od bocc:ru.,o al !ho Joccr!Jon corotrucUon or rnaintonanco of tho PipoliM or any improvomenl opplionco or fi.rluro connoclod therewith placed upon ,uch property. or on accounl al !he Uconseo'J inlere~I therein. Wricrc such lax: charg~ or asJeasm11nl may· no! be soporctoly made or as.SQtned lo tho ;Jc .rd1 E . .1:Mi10 Tl • -,.., .,l).O 1 1 r::: : , c: AUG 27 2001 10 :55 aor.c " c l"'l.i,.., ---· ---• I ?:..L~!~IJJ \. fom, 1. ~,cl. A Vl'·U"' oqultab\o proponlon 0 ( a uch \c.:ou dotom-unod by tho \/C!luo of lha Ucorueo 'D properly upon properly of U'\() Ucon::or a, cornparod wilh I.ho onlito valu11 cl auch proporly. SocUon 9. &.SIQBbTION OE Ug:NSOB:'S PBOPERD'. In lhn i,vonl tho Uco ruor C'\ltnori:ri,, \ho LlcDt'IDO<l lo Lc.l::e down co,y lonco of tho Ll=oruor or in any mcnnor movo or d.Lt lurb co,y cl tho olhor propody o! tho LlcoMor In coMccUon I.with Uu, con.sln.lct.i.ol\. mainteru:mc<>; repair, rono""'ttl modiJ!ccrtJon. rs.:on.slNcUon. rolocaUon or romovc.J of tho PlpolinD . lhon ln tho1 ov,nl lho Llcel'\£00 shall, o.s ,oon cu polltblo crnd at Lkoruoo'i , olo o.rporu 11 , rostcro :,uch lrrnco and othor property lo Iha 1c:ms cordiUon OJI Iha :icrne woro In bolero l\.Jcti !or.co wa:n tcl:..n do= or ,uch otr.Ar proporty "'U"l moV"Cld or dlslur~d. and the Uc Bf"'..'l e-e ,hell !ndsl1U'0y 07\d hold ho:rmlon tr.o Uco!\llor. ll:J of Be on. a.gontn and omplayco,. ogtiin&t and /rom any and all !iablllly, loll, damage.,, clcrlrru, dam.and,, co,lz and crpon., ~ a( whauooV"Or nature, Including court cos\& CIJ"ld atlocnc:ya' I ou, wh!ch may rc:iull lrorn inJwy lo or d ccrth cl pauo.ru whom&oover. or d.mnogo to or lou or dostrucUon cl proporly?JhcL,or:vcr. whsn 3\lch ln/ury. death. damage, loBl or do,lruclion grom out ol o~-~~11.lrom_l.ho !cling down ol any Ienco or Iho mavir.g or dis lurbanco cl any othor proporty al tho Lic:o~ AA11C1.E .· ,:;,rf/: .' S0c1ion !O. INDFJ::1NlIY ·-----•• •!•• •. • •• .. . .. , (aJ . ~--·----- o/ !ho lJcoruoo'1 lrul.oila'l.lon qnd \heir .oC!kon, agsnl11. Ol1d omploy~oo; "Lon' lnclud~., lo3s. d , umand3 , cctioru:, c crus r, cl octlo!\ ponci.ltio~. c:011,. and expo.ruol cl wh.auocwt rt.:rturo 01 ll and r::rtlomoya' [HJ, which may :-ocult from: (al lnjury to or do CJ'\h cl pe?nol"IJI wnorruoe • 0 0 on.aor'4 o!fic11r,. cg an 13. and emp!ay&<>l, the UceNoo'.s offlcon. crgonl.s. end amp lo yo r pvnon): and.k,r !b)·da:moge lo or lru, or dutn.Jcllon of property w~oevor (includ.ln.g -• r (bJ An a mci,or IN:iucsment and in con:ildaratiori ol t.hn llcoru11 end permlsslon herein cranlsd. lh8 Ucorue-0 <Jgro{?a lo lrdsmru.Jy a.nd hald hC!J"mla as tho UconDor frorn any Lou whkh Lt duo lo or aris o, from; J. Th..o pro, oc.-u~n ol rmy worx cant11mpla1ad O"f ~ Agr-e smonl includ.lng (ho uulallcrt!on c~truction moinl~~CQ. ropoir, l'l!'nowaJ. mod.1/lcatlon. rocon.,trucUon. rolocalion. or romovcl ol lhe Pipollno or any pan tnoroof: or 2. The proanco. oporalion: or we ol lh8 Pipollnc or conlonls e:sc~lr\g lherofrom. cr:i:cepl lo tho o;dGnl thal lho Lots is c:a1J.:iod by lhC? 30]0 and dlroc:I negllgenco ol lho Llcel'\.:lor, Socuon 11 . BD:::!OYAL Of PleJJ.llif_W?ON TEBWNATIQN PE AGRW:illf[ Prior \o tho tcrmlncruol'\ o/ lhi, Agroomcr.l ho\.lt'lon..-or, lho Licaruee ohall ol Llcer,.:iso's ,alt o:rporuc, remove lho Plpolina /ro:n tho:iu portions ol t},11 prop<>rty not occuplod by tho roa.cili4d cind track or !rad:., of tho Ucuuor end ohall r1u 0loro. lo lhe a atis!ocliol'\ o! tho Llcor..-;or, cuch portlons ol :iuch property ID a, geed a cond.Jtlon en !hoy woro b al Iha Umo of \ha corulruc:Uon of tho Pipcllno. Ii tho Llc:eruoo Ccnl:, lo do lh.o .foregoing. lho Ueotuormoy do •1Jch war\: ofremCMJI and roslorotion at tho c:o 3t and ~xpv·ruo ol tho Llcoru.oo . Tl'\a Lic~ruor may. al lb option 1Jpon auch lomunaUor,. ot lho e:iliro ca)l and o.xperua· cl tho Uceroeo. ramo':'" {hg porUaru of lhcr Pipoltne local.od undomoalh ii, ?oadhod o.nd. lrocl: or lrod:.s c:::nd ?'"t'tl.ore 1uch roadbod to ell good a conc!.ilion o·s II wa1 In al tho \Lmo oi tho contlnlcUon. o/ lhe Pip o 1:no. or JI may prrtnil lh1t Licoru a[) \o do JU:h wor~ cl r11movtrl and.. re~ lorcrllon lo tho .rcti~lacUon ol tno Ucaruor. In the cvanl of !he romcval by \no Licoruor .of lho proporly o/ I.ho Uc:oruco and 0 { t},o rclloratior, ol lho roadbed C!Tlrl proputy a, hor~ln provldod, \he Ucll'T\llor ,ho.lJ ln no m.cmnor bg Uablo to _lhe Uccmsoe !or C!JlY damage 1w\mnod by tho Uccruoc Tor or on accounl lheniol, and au.ch removal CIJ"ld re1lorcUon ,hal.l !.n no mctnn&r prejudJco or l.mpoi.r any ri~hl of or: Uon for damagol, or othorwi,e, Lhc\ !he UcQru,or may havll ogaiAft tho l!coh.3et!. SocUon 12 . The-wcnvw by th!! Licaru or of the br&ach al any condition. covo nanl or agro om en.I h.oroin conlcin.od lo be 'tepl obJorved Jnd porforr..c-d by \hg Uc:orueo 1hall i.n no way lmpoir tho right of tho Licensor lo c:rv,::ril ilJol/ ol any ri,medy lor any .rnb1cquonl· r~och thereof. glc .c.,\i P,g, l •" E~bi l B I . PU: CY"-~IOI ll l':=. ;vd. ,,,_,r,,.t.,.; Secli.!ln IJ. (a) Ir lho Ucoruo o door nol wo thn rioht horo!n gr=tod or 1h11 Pipellna for o~ ( ll )'t><D'", or U ~ llcoru u conUnuo a in d.oloull In lho porfonnanco 0 ( any covonanl or crgroem11ol heroin conlafned lor a period of Uurly [JD) dayi ail11r wrill"n noUca from tho Uc:P.ruor lo tho Ucoruoo ::ipecllying Juch de!crull lhe Uc:oru;or may, crl ll.i opUon. for\}\with L'1'\modla!oly tormlr.ato lhb Ag1'0-<>monl by wr!llcn nolico, (bl party h.!irolo to \ho othor oti any dcio ln such no (cl NoUc:o al do/cult~ no!!co o/ lormlnci.lon may ba •111"Y'Od per:zonally upon tho Uceruoo or by maiJ.ina lo tho la1 l bl.own addroH o/ lho Ucon.roo. T,mnincrtlon o{ \hl, ~eornent /or a:riy recnon ::iholl no! cllocl any ol lho r!ghb or obUgcrtloru of t}-,q parl!.o, horoto which. may havo accrued or liabUiUes. a.ccrusd or olharwuo,_ which may h~ arben pr:ior lhctelo . S•ction 14. A.GRFFMOO NOT TO BE ASS1GNrn Tho Llcaru .. o ,hall nol ruclgn (hi.a Aqrcximonl inwhola or L-, pan. er any rlQhls horeln wcmta<i. wilholll tho wrlttcncoruant ~rc>raticifti:;or;·Cl"fd·trtn1grnd·thara:ny-trqn-:fcrrorm-ril.;nm:•nt-dn:rtt,;mptmircrrcrhrn:ircnr~onrorom-.Agr o O mo nt cir any 0r--- lh o nghln hl'T'Oin gTCD"llod. wholhorvolunlary. by operat!on o[,law. or oU..C-rwbe. w{lhoul such ron.,enl ln writing, shall ba cl:aolw 111 Jy void and cl 1h11 option of tho Uceraor, a hall \arm.lnclc lhin Agreemenl · Scclion 15-. succrsso ss mQ.A~ s1GNs Subjoc:t lo tho · provUioru o/ Soctlon 14 horool, Uiir .Agroomonl ahall l:P binding upon and u,'UJ11 lo IN> bon11Hl 0 / tha pan!e, horolo, tr.•lr heir,. ox.sc:ulote, ad(n1nlelra1ora, JUCCU30rt and aui~. · . . . . I AUG 27 2001 10 :55 ·-·----· --- ?lJWUDr{AINAGE 'INS . 021fsio1 Form Approved, AVP -Law EXHIBIT B-1 Union Pacific Railroad Company Insurance Provisions For Pipeline I Wireline I Drainage License Agreements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage : A. Commercial General Liability insuran_ce. This insurance shall contain broad form contractual liability with a sin.gle limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000.000 . Coverage mu.st be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following : Bodily injury including death and personal injury Property damage Fire legal liability (Not less than the replacement value of the portion of the premises occupied) Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:. • "F or .. P%~ es of this. i n:;u ranee ,_Un ionY_acific...Railroad. payments relate&-to-tl'te-Fed era+-Employers-babitity-A:cnira-o nion------- Pacific Wage Contin .uation Program or similar programs are deemed not to be either payments made or obligations assumed under a_ny Workers Compensation, disability benefits, or unemployment compensation law or similar law." The exclusions for railroads (except where the Job site is more than fifty feet (SO') from any railroad including but not limited to tracks, bridges, trestles. roadbeds, terminals, underpasses or crossings), and explosio11. collapse and underground hazard shall be removed. • Coverage for Licensee's {and Licensor's) employees shall not be excluded • Waiver of subrogation 8. Business Automobile Coverage insurance . This insurance shall contain a combined single limit of at least $2,000,000 per occurrence or claim, including but not limited to coverage for the following: Bodily injury and property damage Any and all motor vehicles including owned, hired and non-owned fhe policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program .or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed . Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90) if required by law. Workers Compensation and Employers Liability insurance including but not limited to : Licensee's statµtory liability under the workers' compensation laws of the sta\e(s) affected by this Agreement Employers' liability (Part B) with limits of at least $500,000 each accident. $500,000 disease policy limit $500,000 each employee tf Workers Compensation insurance will not cover the liability of Licensee . in states that require participation in state workers' mpensation fund, Licensee shall comply with the laws of such states . If Licensee is self-insured, evidence of state approval must be vided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. _ongshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable . : policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: Alternate Empk:lyer Endorsement Umbrella or Excess Policies In the event Licensee util izes Umbrella or excess policies. these policies shall "follow form· and rd no less coverage than the primary .policy. Page 1 of 2 ?L/WUDRAINAGE "INS. 02J16io1 Form Approved, AVP-Law Other Requirements · E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. F. Licensee agrees to waive its right of recovery, and its insurers, ·through policy endorsement. agree to waive !heir right of subrogation against Licensor . Licensee further waives _its right of recovery, and its insurers also waive their right of subrogation against -Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary with respect lo any insurance carried by Licensor. A11 waivers of subrogation· shall be indicated on the certificate of insurance. G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured . Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of insurance. H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing of any cancellation or material alteration. Upon request from Licensor, a certified -duplicate original of any required policy sha __ ll~b~e---fu:_r_n_is.:..h_e.:..d.:...:.... ----------:----- 1. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A-and Class Vil or better, and authorized to do business in the state(s) in which the seniice is to be provided. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s). who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's ·"lsurance coverage will be primary . ·K. The fact that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the !iability of Licensee, including, without limitation. liability under the indemnity provisions o_f this Agreement. Damages recoverable by icensor shall not be limited by the amount of the required insurance coverag~. Page 2 of 2 -·. ,. i I , I ., \ ! EXHIBIT ·A" UNION PACIFIC RAlLRO~D TO ACCOMPANY AGREEMENT WITH icrr( OF FT. WOR1'H FT. WORTH, TARRANT COUNlY, 1)(. M.P. 248.60 -249.90+-BAIRO sua MP lX V 10 /S-1a & S-1b REAL ESFATI: DEPARTMENT OMAHA NE. ALE ~ DATE: 4-27-a:l01 T.D.A 0 SCALE: l9 = LEGEND 200' co. U.P.A.R. RIGHT OF WAY PIPELINE SHO'IIN . -·-tll-·-· PIPBJNE CROSSING SHOWN ROADWAY SHOWN '·. - -·--·-·-· ~ l » f l J I I I I ; ' r I l I j J I ! l I Ii " • • .~ : f' .. . .. t (\. .. .. ' 1·. • I • I i;, i \ ;.: . I .. -:Ii '1 ,, ·~ I I \11 •• ! .... . ... . \! i,. ~.t L .. l~i "\" g, ,. . .. ~ . . ,, : \ , . . . ,· .. · ,. .... \ , . \ -:· --- > : ... i '·\ •. I I 1 { I: /P-·. ?{:···· I ~ i' ~'y' • I ~ • ••,t• •. I J ai 1 m ~ i . . ... 0 i ·t-... (') ·,::: ~ i ~,-1l ''.rr, UJ ·11 '~ ... : 0 ~ ("< ·: -~~-.,..._ o.. I ~..! • @t.., 0... l;!~--""•-.,7'?' } ' . 8• f' ~ I'\ ; I ,..,-, ~ d It •Ct,t, L (' 900' +-PROPOSED 30• SS ·· '! .,. · . -·-·•-•9!91!1, ________ _. \ / . ,~,,. •:1 ·r V' ·11:n~')'l/, I~ ~.ft.I>~ ~f' Uf.(I . .,---~ \-~·· "' ! . • .... -p_\\J .. ,,, -·· -tJl'f'I' \ . -~~ 'f~· • --·r-·. . _. \,, / ·~ ,-, .;~· / .... -, ... ~''"'''-: -., .,. ' f.' .,,,,, .,,.,. / ·g: ...... --.. .,. "'" I .----~ I'. / ;,:., (, 0 , .. I { I I ,., ' •• ••l•t• o:: C"> -~· o .. z I U -1.J.D.L f .J.J-1..J'U I c.J r.o.:::::, J.c::: Folder No .: Folder Number To the Contractor: Before the Railroad Company can pemrit you to perform work on its right of way for the installation of an underground type and commodity of pipeline pipeline crossing/encroachment, for Name of Licensee, it will be necessary to complete the enclosed Contractor's Right of Entry Agreement as follows: I . Fill in the complete legal name of the contractor in the sp~ce provided on Page 1 of the Contractor's Right of ED try Agreement. If a corporation, give the state of incorporation. If a partnership, give the names of all partners. 2. Fill in the date construction will begin and be completed in Article 5, Paragraph A. 3. Fill in the n:ime of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 4. Return all copies of the Omtractor's Right of Enny Agreemept together wiUl your Certificate of.Insurance as required io Exhibit B-l, in the attached, self-addressed envelope . . 5. Check tnade payable to the Union Pacific Railroad Company in the amount ofS~_00.00. lfyou require formal billing, you may consider this letter a:s a formal bill . In compliance wich che lnLernal Revenue Services' new policy regarding their Form 1099, I certify that 94-6001323 j9 the luilroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business. as a corporation. To i::nsurc proper application of your check. ·please indicate the folder .cumber listed above on your check . After approval of the Contractor's ·Right of Entry Agreement and the Insurance Certificate, your fully-executed document will be .returned to you, with instructions to proceed. In .co event should you begin work until you have received a copy of the signed Contractor's Right of Entry Agrccmcnt. '*Urrdu Exhibit B-1 ofthe aiclost!d Contractor'.,; Ri,::{rt Q[f:ntry, vou are required to procure Railroad Protective liability Insurance (RPLJ} for the duration o(thh project. As a service to you. Union Pacific is malc.ing this coverage available . to you at the rate specified on the attached Insurance Application Form. You are not required to purchase thi5 coverage from the Railroad and are encouraged to shop the mulcct for the best available rate. If you decide ; however, that acquiring this coverage from che Railroad is of benefit to you, simply complete the form and follow the instructions at the bottom Yours truly, TOM JUDKINS CONTRACT MANAGER (402) 54-i{A)~tate lJNION PA.c.":11-Jt: NA.ILHUAU I 40n l.1011,1.1> '.•I f ,·,·1. Stup I 1>90 Oma ho . Nc l•r o,.b t,k I ;,i.11,<,o fx . ( -ICl1 I :;111 (1 .'-10 I ""-'~ .a. l c;..r: ... n::,J"-1 .L I • ..J....J I 1 , CROEI'LDOC 941115 Furn, Appr,:,vc,!, A Vl'-1.JJw CONTRACTOR'S RIGHTOFENTRYAGREEMENT Foldtr No.: Folder Number THIS AGREEMENT is made and entered into as oftbe ____ day of _________ , 20___. by and between UNION PACIDC RAILROAD COMP ANY, a Ddaware corporation (hereinafter referred to as the ''Railroad"); and ____________________________________ , a -----------corporation (berc::inaficr the referred to as the "Contractor"). RECITALS: Tue Contractor h.as been hired by Na111e of Lice11see for the purpose of constructing (hereinafter "work") an underground type and commodity of pipdine pipeline crossing/encroachment oa. property of the Railroad at Mile Post MP on the Name of Branch or Subdivision Line, at or near City or Station, State. Toe Contractor has requested the Railroad to pennit it to perform the work and Railroad is agreeable thereto, subject to the following tenns and conditions . AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1 • DEFINITION OF CONTRACTOR For purposes of this agreemen~ all references in this agreement to the Contractor shall include the Contractor's contracmrs, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 . RJGHT GRANTED; PURPOSE The Railroad hereby gmnr:s to the Contractor the right, during the te1m hereinafter stated and upon and subject to each and all of the tenm, provisions and conditions herein contained, Lo enter upon and have ingress to and egress from the property descnbed in the Recitals hereof and as shown on the attached print dated date of Exrubit A print, marked Exluoit A for the pw-pose of performing the work descnbed in the Recitals above. The right herein granted to Contractor is limited to those ponions of the Railroad's property specifically descnbed herein, or designated by the Railroad representative n.amed in Article 5 . ARTICLE 3 · TERMS AND CONDmONS CONTAINED IN EXHIBITS BAND B-1 The terms and conditions contained in Exlubits B and B· 1, heretoamchcd, arc hereby made a part of this agreement. AR'flCLE 4 . ADMIMSTRA TIVE FEE Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clcricaL administrative and handling expense in connection with the processing of this Agreement. c:r.,..p l.~•"-' CROF.f'U.>OC 941115 Folder No .: f.olda-Numlx;r · Form .Appr,wcd, A VP -Law ARTICLE 5 -ALL EXPENSES TO :SE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE The Contractor sh.all bear any ~a all costs and expenses associated with any work performed by the Contractor, or any coi.t5 or expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Ro.ilrond's property shall be performed in a maru1er satisfactory to the respective local Superintendent of Transportation Services of the Railroad or hi.B authorized representative (hereinafter the Railroad Representltive). ARTICLE 6 -TERM; TERMINATION a). The grant of right herein made to Contractor shall collltrence on-----------• and continue until -----------• unless sooner tenninated as herein provided, or at such time as Contractor hAS completed its worlc oo Railroad's property , whichever is earli.er. Contractor agrees to notify the Railroad Representative in writing when it bas completed its work oo Railroad property. b). Th i s agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 • CERTIFICATE OF INSURANCE a). Before comm=cing any watt, the C'.ontractor will provide the Railroad with a Certi.Ilcate issued by its in.c;ur.mce carrier providing the insurance coverage required pursuant to E$bit B-1 of thi!i agrec=nt in a policy which contains the following type of endorsement: Union .Pacific Railroad Company , is named as additional insured with respect to all liabilities arising out of lnsttred's, as Contractor, pe rformance of any work on the property of the RAilroad.. b). Contractor warrants that this agreement has been thoroughly rev iewed by its insurance agent(s)/broker(s) and that said agcnt(s)/brokcr(s) has been instructed to procure insurance coverage .ind an endorsement as required herein. L:). All insurance correspondence shall be directed to: File No . Folder Number Union Pacific R.ai.lrosd Company Director -Contrac~ 1400 Douglas Street STOP 1690 Omaha, Nebraska 68179-1690 ARTICLE 8 -CHOICE OF FORUM Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states o{Nebraslal and State for litigation purposes only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. ARTICLE 9 -SPECIAL PROVISIONS None. .A.ugu,rt 17, 2004 CROEPLIX.l(: 941115 Form Approvcil, A VP-1..:lw P.05/12 Folder No.: Folder Number IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as the date first herein wrincn. UNION PACIFIC RAILROAD COMP ANY By ______________ _ MANAGER· CONTRACTS WITNESS: (Name uf Can tnac1or) x ____________________ _ Title: .:n,upl.ihx PA!F3 of) AUgun 17, :?004 Huu .Lr ..:ia1a4 1 ·r , .j..) rt< TO 918173355070 P.06/12 UTILITIES X & E ROE 990701 , , Form Approved, A VP-l.Jlw . EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT . Section 1. NQTlCE OF COMMENCEMENT OF WORK -FLAGGING. The Contractor agrees to notify the RB.ilroad Representarive at least 4S hours in advanci: of Contractor commencing il5 work and at leest 24 hours in adVl!nce of proposed perfonnance of any work by the Contractor in which any person or equipment will be within 25 feet of any track. or will be near enough to any track that any equipment extension (such as, but not limhcd to, a crane boom) will reach to within 25 feet of any track. Upon receipt of such notice , the Railroad Reprcsenl:\tive will detennine and inform the Contractor whether a flagman need be present and whether the Contractor need i_mplcment any special prot ective or safety measures. If any _ flagmen or other special protective or safety measures are performed by rhe Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services the Contractor shall not be relieved of any of its responsihilities or liabilities set forth herein . Section 2. NO (NTERFERENCE WITH RAILROAD'S OPERATION. No work performed .by Contractor shall cause any interference with the constant, continuous :ind unintenup~d use of the tracks, property and facilities of the Railroad its lessees , licensees or others , unless specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative . Nothing shall be dooe or suffered to be done by the Contractor at any time that would in any mcumer impa ir the safety Uti:reof. When not in use, Contractor's machinery and materials shall be kept al least 50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings . Section 3. l\·IECHANIC'S LIENS. The Contra<.1or shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not creste, .permit or suffer any mechanic's or materialmc:n's liens of &ny kind or namre to be created or enforced against any property of the Railroad for any such work: performed. The Contractor shall indemnify and hold harmless the Railroad from and ~gainst any and all lii::ns, clairn.,;, demands, co:,'1s or expenses of whatsoever nature in any way connected with or crowing out of such work done, labor performed, or mater ials furnished . · Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a). fiber optic cable systems may be buried on the Rnilrond's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption o.nd los, of revenue and profits. Contractor shall telephone the R.iilroad at l -&00-336-9193 to determine if fiber optic cable is buried anywhere on the R.iilro:id's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications compsny(ies) involved, arrange for a cable locator, make arrangements for relocation or other prot~ction of the fiber optic cable. all at Contract.or's expense, l!Ild will commence no work on the right of way until :ill such protection or reloc:ition has been accomplished . · b). In .addition to other indemnity provisions in this Agreement, the Con~ctor shall indemnify and hold the Railroad harmless from 1111d -against nil costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and c~cnses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes to ( l) any damage: to or destruction of any telecommunications system on Railroad's prop,erty, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad'.s property. Contractor shall not have or scdc recourse agllinst Railroad for any claim or cause of action for alleged loss of profits or rcvtnue or loss of service or other consequential d:unage to a telecommunication company using Railroad 's property or a customer or user of services of the fiber optic cable on Railroad's property . Section 5. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement , the Contractor shall secure any and all necessary permits and shall comply with all applicable federal, stnte and local laws, regulations and enactments affecting the work. The Contractor shall use only su .ch methods as an: consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property oft.he Railroad and the pub li c in general. The Contractor (w ithout limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safely and health acts and rcgulation .5, AIL Federal Railroad Administration regul3.tions shall be followed when work is performed on the Railroad'5 property. If any failure by the Contractorto comply with any such laws, regulations, and enactments, shall result .n any fine, penalty , cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Exhibit 0 .... , -HUl..l J. r c::t:J~ l r' .:,4 rr<: rn 918173355070 P .07/12 UTil .mF.s X & Ell.OE 990701 Foon Appmvcd . AVP.Luw Railroad for any such fine, penalty , cost, or charge, including without limitation attorneys' fees. court costs and expenses. The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad , LO defend Sl1ch action free of cost, charge, or expense to the Railroad . Section 6. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this agreement . A! reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by we.y oflimitation), Lhc following special safety rules shall be followed: 11). The Contractor shall keep the job s ite free from safety ilnd health hazards and ensure that its employees are competent and adequately trained in all safety and health aspecrs of the job. The Contractor shall hn.ve proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the R!lilroad of any U.S . Occupational S.'!fcty and Health Adminislr.ltion reportable injuries occurring to any person that may arise during the work performed on the job site. The Contractor shall have a non-delegable duty to control its employees, while they arc on the job site or any other property of the Railroad to be certain they do not usc,.be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other subst.lnce that may inhibit the safe performance of work by the employee . b). The employee~ cifthe Contractor shall be suitably dressed to perform their duties safely 3lld in a m1111ner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shim with sleeves and trousers that cover the entire leg are to be worn . If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching . The ernployoes should wear sturdy and proieccive work boots and at least the following protective equipment: ( 1) Protective head gear that rneetS American Nscional Standard-Z89 . l -latcst revision . [t is suggested ¢at all hardhats be o.ffixed with Contractor's or subcontractor's company logo .or name . (2) Eye protection that meets American National Standard for occupational and educational eye and face protection , Z.87 . J-latest revision . Additional eye protoction must be provided to meet ~pecific job situations such as welding, grinding, burning. etc .; and (.3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. c). All heavy equipment provided or lensed by the Contractor shall be equipped with audible back-up warning devices. Ifin the opinion of the Railroad Representative any of Contractors or a.ny of its subcontmctor'i-equipmimt is unsafe for use on the R.Ailroad's right-of-way. the Conuactor, ac the request of the Railroad Representative, shall remove such equipment from the Rllilroad's right-of-way . Section 7. · lNDEMNlTY. a). As used in this Secrion, "Railroad" includes other railroad companies usinc the Railroad's property at or near the location of the "T' Contractor's installation and their officers, agents, and employees; "Loss" includes loss. damage, claims , demands, actions, C3uses of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys ' fees, which may result from: (a) injury to or death or persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, :md employees, as well as _'d!ly other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, track.~. equipment, or other property of the Railroad, or property in its care or custody). , . b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indomnify and hold harmless the Railroad from any Loss wh ich is due to or arises from any cause and is asi;ociated in whole or in pa.rt with the work performed under this agreement. a breach ofthe agreement or the failure Lo observe the health and safety provisions herein, or any activity, omission or negligence !irising out of performance or nonperform1111cc of this agreement. However, the Contractor shall not indemnify the Railroad when the Loss is causcrJ by the s:olc negligence of the Riulroad . c). lne Contni.ctor shall maintain whatever insurance coverage is necessary to adequately underwrite its general and contractual liability undc::r the term.s of this Agrc:ement. l'aa:i: 2 uf) IJilLITIES X & E ROE 99070 I Form Approved, A VP-Lllw Section 8. RESTORATION OF PROPERTY. IU '3181 7 3 3 55070 P.08/12 In the event the Rwlroad authorizes the Contractor to take down any fence of the Railroad or in .any manner move or disturb any of the othc:r property of the Railroad in connection with the work to be performed by Canu-actor, then in that event the Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such feno: was tal::i:n <lown or such oth!!r property was rriovcd or disturbed . · Section 9. WA.IVER OF BREACH. The waiver by the Railroad of the breach of any condition, coven:i.nt or agreement herein contained to be kept, observed and performed by the Contractor sha.11 in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof. Scdioa 10. ASSIGNMENT -SUBCONTRACTING. The Contractor shall oot assign, sublet or ,subcontract this agreement, or nny interest therein. without the written consent of the Railroad and any attempt to so ;issign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor permission to subC-Ontract all or any portion of the work herein described, the Contr.1ctor is and shall remain responsible for all work of .subcontractors and all work of subcontractors shall be governed by the tenns of this agreement. E.,d,ibil B -· -I CONTRACTOR'S RIGHT OF ENTRY INS. 02/16/01 INVOLVING PIPELINE,WlRELINE & DRAINAGE WORK Form Approved, AVP-Law · EXHIBIT B-1 Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Involving Pipeline, Wireline, or Drainage Work on Union Pacific Property Contractor shall, at its sole co6t and expense , procure and maintain during the life of this Agreement the following insurance coverage : A. Commercial General Liability in:surance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 eacti occurrence or daim and an aggregate limit of at least $4,000 ,000. Coverage must be purchased on a post 1998 ISO or equivalent fotm, including but not limited to roverage for the following: • Bodily injury induding death and personal injury Property damage • Fire legal liability (Not less than the replacement value of the portion of the premises occupied) Products and completed operations The policy shall also conta in the following endorsements which shall be indicated on the certificate of Insurance: • "For purposes of this insurance , Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacltic Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Worken. Compensation, disability benefits. or unemployment compensation law or similar law: · • The exclusions for railroad& (except where the Job site is more than fifty feet (50') from any railroad including but not limited · to tracks, bridges, trestles, roadbeds , terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed . Coverage for Contractor's (and Railroad's) employees shall not be excluded • Waiver of subrogation B. Business Automobile Coverage Insurance. This insurance shall conta in a combined single limit of at least :S2,000,000 per ocamence or daim, induding but not fimited to coverage for the following : • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non-awned The policy shaUalso contain the following endorsements which shall be indicated on the certificate of Insurance: • "For purposes of Uiis insurance, Union Pacific Railroad payments.related to the Federal Employers Liability Ad or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation , disability benefits, or unemployment compensation law or similar law." • The exdusions for "!ilroads (except where the. Job site is more than fifty feet (50') from any railroad induding but not limited lo trades, bridges, trestles , roadbeds, terminals. underpasses or crossings), and explosion , collapse and underground hazard shall be removed. • Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employers' Liability (Part B) with limits of at least $500,000 each accident. $500,000 disease policy limit $500,000 each employee If Wooers Compensation insurance will not cover the liabillty of Contractor in states that require participation in state workers' compen:sation fund, Contractor shafl.comply with the laws of such states. If Contractor is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall indude liability arising out of the U. S . Lon.gsharemen's and Harbor Workers ' Act, the Jones Act, and the Outer Continental Shelf Land Ad, if applic:abl•~--------, The policy shall also contain the following endorsement which shall be Indicated on the certificate of lnsuran e.f'.fci<i f'] '(L '6,~~·,:5)~~ virn~ ~ ·-}.-'.:l,., • Alternate Employer Endorsement ~,~l '-1 /c:ft'•"n.~9 1' Ii!,~,, \, IV ~Ev~[~~d !i!V i#J!.f\}W; ~2~ Page1 of2 rl, ~·.•;;:',l.C!t.1 ,_i\, CONTRACTOR'S RIGHT OF ENTRY INS. 02116/01 INVOLVING PIPELINE,WIREUNE & DRAINAGE WORK -i Forrn Approved, AVP-Law TD 918173355070 -P.10/12 D. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies. these policies shall "follow fom," and afford no less coverage than the primary policy. E. Rallrosid Protective li!!bility insurance naming only the Railroad as the insured with a combined single limit of $2,000,000 per -, occurrence with a $5,000,000 aggregate. The policy shall be broa<:i form coverage for "Physical Damage to Property (ISO Fonn CG 00 35 07 98 or equivalent). A binder stati ng the policy Is in place must be subm itted to the Railroad until the original poficy is forwarded to the Railroad . Other Reguircmonts F. Punitive damage exclusion must be deleted. which deletion shall be Indicated on_ the certificate of Insurance. G. Contractor agrees to waive Its right of recovery , and its insurers , through policy endorsement, agree to waive their right of subrogation against Railroad . Contractor further waives its right of recovery. and its insurers also waive their right of subrogation against Railroad for loss of its own~d or leased property or property under its c.ire, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad . All waivers of subrogation shall be indicated on the certificate of lrisurance. H. All poticy(ies} required above (exduding Workers Compensation) shall provide severability of interests and shall name Railroad as an add itional insured. Severabllity of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance . I. Prior to commencing the Work , Contractor shall furn ish to Railroad original certi ticate(s) of insurance evidencing the requ ired . coverage , endorsements. and amendments . The certificate(s) shall contain a provision that obligates the i nsurance companyQes) issuing such policyQes) to notify Railroad in writing of any cancellation or material alteration. Upon request from Railroad, a cenJfl9d duplicate original of any raquired policy shall be fumlshod. · J . Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the siate(s) in which the service is to be provided . K Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the in:iurance coverage required by this Agreement_ and acknowledges that Contracto(, insurance coverage will be primary. L The fad that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of th is Agreement. Damages recoverable by · Railroad shall not be limited by the amount of the required insurance coverage. Page 2 of 2 N ...... ' ...... ...... n. t: L n I') ... ~ ;J II -a J ) C Cl Q) L co C ~ {ii 6 V: ·f co ·o . ..- b -~ ,) v, :.J .,. l) t l 11 .J . ._ ft. .Track =::> .this side of this I lne c.xL;uvur 1011 µurm1rrea this slde of this I lne ----·····-·-. --·····-· 12·-o· t ). 7ml !main a branch tine trockJ 7' -o· ( 2. 1ml I Industry trocli;.I . ·-··--.......... ·-··---·-·----·---···-···-·-··--· 15'-0" 14.6ml Cmoln line track! t----------·----I ---·------, 12'-6· C3.Bml !brooch llne trockl ----·------·--------···----··-----· •ll'-6" (J.5ml or 1o crown at exist. subgrode -----------··-··---·-··· ···------' wh lchever Is less I • :...a ---- ( Industry trock.l 1 • -9" \ 2. 4ml l ------·- Bose of Roi I ~]c -------------~.----1.-~~...--~ {7""7'J To be Shored per OSHA li:..L] Standards, ver t ical excovatlon only (no sloping cutsl Shoring for excavation to be des I gned for ra 11 road 11 ve I ood surcharge ln addition to so I I pressure App I I cob I e ro l I rood I Ive I oad: Branch I tne or industry track Main I lne-ternporory shoring Main I lne-permanent retaining wal I 1 Coope r E72 Cooper E72 Cooper E80 For excavations which encroach Into either qt the shaded zones I I lustrated below, plans of shoring to be submitted to Chief Engineer -Design for approval prior to excavating. For excavot Ions . wh I ch encroach Into the railroad l Ive load surcharge zone, shoring plans to be accompanied by a . copy of the design calcul~tlons, and both to be starll)ed by a registered professional engineer. Shoring Is subject t-0 approval of the Chief Engineer -Design who reserves the option ot Imposing more stringen t requ I rement s as cond 1 t I ans warrant. Al I dimensions measured at right ong I e to track. I I f I t It/tr"' .IDIC II i.m 11«1 IDIVD ICJ~ SYSTEM STANDARD EXCAVAllON ON RICHT-Of-~AY -m,r. GENERAL SHORING REQUIREMENT~ PLOlf[:): 12-0EC-1996 09 :li -· : .. ~; -'-l \ :.:1 P .12/12 APPLICATION FORM RAILROAD PROTECTIVE LIABILITY INSURANCE 1) Name and address of UPRR Representative: (/eavo blank -to bG fill!Xf in by railroad) 2) UPRR Contract Folder Number: 3) Description of Operations: 4) Complete Appropriate Project lnfor1T1ation : Plpeline/Wireline Project (fill in linear footage within Railroad Right-of~Way) a) Croi.sing Overhead b) · Crossing Underground c) longitudinal Underground d) Longitudinal Overhead e) Other (describe ful1.,_ '---------------'------------------ OR Other Can5trucUon Project (total project cost cannot exceed $5,000,000 ) a) Subsurface So~Sedement Samples b) Hand Held Auger Borings c) Soil Ga:s Survey Points d) Boring Drilled w/Soil Samples e) Temporary Plezometer Wells f) Temporary Monitoring Wells g) Recovery Wells w/ above ground equipment h) Recovery Systems & Above Ground Equipment i) Othar Construction Projed (Describi, Fully) Total Project Cost is$ ______ _ 5) Job Location: 6) Start and End Dates of Wort< Within Rallroad Right-of-W:..::a'-'-------------------- . 7) Designated Contractor. Mailing Address: 8) Name of involved Governmental Authority or other Contracting Par:tY : _______________ _ Maillng Address: 9) Cost of Railroad Protective Liability coverage for this project $ ---------------- THIS COVERAGE WILL NOT BEGIN UNnL THE UNION PACIFIC RAILROAD REPRESENTATIVE HAS RECEIVED ALL (3) ITEMS SHOWN BELOW: (1) A CHECK (in the name of Union Pacific RR) FOR THE AMOUNT QUOTED IN ITEM #9 ABOVE (2) A CERTIFICATE OF INSURANCE EVIDENCING THE GENERAL LIABILITY COVERAGE REQUIRED IN YOUR CONTRACT; and (3) THIS SIGNED COMPLETED FORM. APPLICANT'S SIGNATURE Title: Date: Appendix C DUPLICATE 081GINAL RAILROAD COPY April 05, 2006 Folder: 02372-10 CITY OF FORT WORTH C/OKENTLUNSKI P.E. Consent Letter TRANSYSTEMS CORPORATION CONSULTANTS 500 WEST SEVENTH STREET SUITE 600 FORT WORTH TX 76102 AUDIT 239977 RE: Proposed conshucti on of an uncased 8" water pipeline crossing at Mile Post 248.14, on the Dallas Subdivision, within University Boulevard, at or near Fort Worth, Tarrant County, Texas. Dear Mr. Lunsk:i, Please refer to your application notifying the Railroad Company of the above subject construction project within a dedicated public right of way for Ci ty of Fort Worth, Texas (hereinafter the "Utility"). This lett_er will serve as notification that the engineering information submitted has been reviewed and the Railroad Company *approves the proposed crossing and its installation as shown on Exhibit A print. It is understood that the Utility shall reimburse the Railroad Company for all expenses incurred by the Railroad Company for employment of flagmen, inspectors and other employees required to p r otect the right of way and property of the Railroad Company from damage arising out of and/or from the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the utility line. The Utility shall reimburse the Railroad Company for such expenses within thirty (30) days after presentation of bill for such expenses. *A Railroad inspector is required to monitor the ground and track for movement during the jacking process. The installation process and all train movement must be immediately stopped if any movement is detected . 1be damaged area must be immediately repaired. The installation process must be reviewed and modified as required before the installation may proceed. Licensee must pay inspector's expense. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should contact the Railroad Company at l-800-336-9193 to determine if a fiber optic cable is buried on the subject property. When you or your representative enter the Railroad Company's property, a copy of this letter must be available at the site to be shown on requ est to any Railroad employee or official. Rece i ved Time May. 19. 10 :18AM UNION PACIFIC RAILROAD 1400 Doui;II., Stre et, Srop l 690 Orna ha , N eb ra ska 68 179-16 9 0 fr. (102) 50 1·0 :140 In order to protect the Ra ilroad Company's property as we11 as for safety reasons, it is imperative that the Utility notify our Manager Track Maintenance office: Jason Rea MTM Union Pacific Railroad Company 5701 W Vickery Blvd Fort Worth TX 76107 Phone: 817-878-0843 Cell: 817-657-7534 Fax: 402-501-2631 a minimum of ten (IO) days in advance of any construction on, along, or across the Railroad Company's right of way and/or tracks. s Senior Manager -Contracts -Real Estate ( 402) 544-8546 Rece i ved Time May.Jg . 10:1 8AM ' Feb -7. 20J8 12:37P M PLAC( 4R~Qw INO(CAT(NG NOATk DJAECTION RELATl~E TO CROSSING TranSvstems No .3033 FOl'l>-l 0~0-40~-B R[V. 5-I 5-9a ¢N°CASED NON~FLAMMABLE_uprr_com PIPELINE CROSSING SCAL~ NOTE: ALL F J\.LF.D It. AVA!LA8LE Q(µENSIONS MUST BE TO PROCESS nq S APPLI C.H I ON. ® I DIST.1.11(:f .,o.c n.,.c,, F110. iccrro" L l~t =~INCi ,__ _________ rt. [IOCITI:: TtllS. D1MDC5l1l1C RtOUIA(D I" •,1. ~(1, 4r ,o~aTI0115 ldlT 111., ... ,tcrro,,s, DISTANC( ~ To , 1.t~Al. S4.111Vt'r -LINE I~ RmUIAEDI 'CY -=H. AR'S p,w ro --------------i t Pil(.AAESr R. A. JQWNl ------------l P'lf '";. ,J. ______ .... __ rt. _FT. -----"'~ .. STEEL C~SING WALL THICICNl:'..55 CHART MINIMIJM O lAME.fER OF TH1C~N(S$ C•S t NC PIPE .2soo· 114· az· o~ ~£~ • 3 I 25" 5/ 16-O\IED 12"'-J r • 3 >so-Jrl!· 1;1v£A 1 (l"'-2.i· • ,,1s• 111,• OV~A <.:"•i!B- • $000" 1/2" OV[R lB' • 3 ("" (l FT. IOlll;I 5DJ .. ~SINC t..,,,.. ,.,>-tjlS.• ..... , • SI.ZS" '7nG• QvE.lJ ~1·-•r • ,2so· 5/8" OVER 42•.40• ---;;,---------,----. -,------ ,.._ --- - -----_J ___ c __ L _c c&R11rc• "~· ~,.. ._.,.._/ ....... --" _J_ ,rnj , rr. __ n. ----__ FT. __ n. ~-r. ..,rr.; ! (C4SI..C 1.£l<C"' ... (,j""""""'suQ~O Al.OK •rPul'Ct.) 11 .ai.L 1C>111Zllwra.1. 01~u...:;a to II! KA:il.ll!P .i.r 111i:ar ~o 1~0,, '-a, T11a.r:i. ti t.&$1..C 10 ~11('CI II;~-ltfE" Of 7.uc, AT RICNT ANCl.t'i lfl( cac .. rt• ol :o • to n., 1111 :o n ., MO llTDIII LIIIU Dr HIUlOAII RIQIT-OF-UT IF 11£1:ESSAAf TD -~VWlot l'IICf'tA 1.CIICT~ OUTSIOC QC lll4C1,. JI ~1•f-Ol" ~ t-Twt ,1111 II<' -ll&fLII0..0 6DIPG(. '{ II<' ...,. QA.YUi, 01t ~-,,_,, S1'fft)il11C ••tA. ' ' ,~, I OVER ,l9" wvsl BE APPROVED !IT R.R. CO. 1"o~(; 5M~11o'/w 'sHrEnci. hk~'bY PIPES 'l/t/1 ... 111(1.GM TlfLO !.Tllc'..IIGTH DF $$, 000 PS(. ~0~111.11.• TO F/CU~E CASINC L(~Cfij WITH ANCl£ Of CRO!.SINC OTHER THAN 90- __ e_ LI; SIN B •• SIWI. Ptl>llt~TU[~E w~r !IE l'ICSDlr [IIJl[IIC. IWSTAI..I.ATIDII CF 11.llLICAD 11°"'1.~ ..ac 1• r•c •1c1•nY II<' CRCSSII«.. s, &l.l.°"•111.C t1xco O:,J(el'S I.ct.~ 0-C<'IAl.1.S oc ~•~s; 'l DI II04II c•=iNCs I OYE1'tl!'.A!I •IAOu,TS 1 C.lvC --·· DA C~.'rur1:s. "II', O(ST. )>IO'!I; :u u CASINI'. ANO CARll[DI ,1,t """'Tat Pu.cto o. U(NI-or 2 ,n,. 0'40-fut ~~1::1, .... t(oto DPIIC c•111..C. ""' t:((AV.lt.TIO• DEOUJl[O .,,.., .. , FEEl Of" Tr,( O;ISTfl'G Fri£• OPTIC C-111.C IOJf;T 1£ II-D~C. ' &.J IS PIPELINE CROSSING WITHIN OEDfCATED STREET?_· _YESi__NO; Bl tr YES, NAME OF STREET Ua1 Vt.C'S;+~ BWD D1 O[STRl6UTION LINE . ,/ DR T.RAN~isSJON LINE---- Cl CARRIER PIPE : I COMM.OD (TY TO B( CONV(YEO __ Wa.;_~:T_e.~r~--------- OPE.RA TI NC PRE.SSURE PSJ ?• D EXHIBIT "A" af d ~•n.•10 LIU CM.TI UNION PAC!~JC RAILROAD CO. ~ ... \\ .. ~ WALL lHl-O:NESS •DIAMETER Ll ;MAlERJAL Lk'k. () C.'SJNC PIPE: M.P 'Z..'{~., ... , E.S, 1,l1:1I+ (o"l.!. WALL T~ I CJ<NE.SS ;DI t.METER ;MA T£FI I AL ; l'!OTE: :cAsrNc t.1usr !-lA.v~ 2-cu:..r.R.ANcE BETWEEN cREATEsr ~SED tct:-l cRoss1Nc AT oursroc DIAMETER OF CARRIER F1PE ANO INTERIOR DIAMETER OF n,/.~ ..,..,... CASINC PIPE. WH(N FURNISHING 01MENS10NS 1 GIVE OUTSIDE OF ~ ~~ ~.-><.. CARRIER PIPE .AND INSIDE OF' CAS[NG PIPE. • ""'3!''"' 7 ''rJ"/ """' Fl METHOD OF' INSTALLING CAS]NC PIPE UMDE.R TRAC~[S): [_k:,../~ ff." J/Vo..e..77/ ORY BORE ANO JACK !WET SOA( NOT P(RM!TT(Ol; ~ --ruNNEL; ornrn _________ --,.. ____ RR FILE NO • ...2..37.z:'/oDAiE ,-t.i-o C Gl WILL ~TRUCHON BE BY AN OUTSIDE CONTA.ACTOR?2..rt:S;--.No; i,..:.::..:._:_~:..:__:_:~~====:...:~.:..:=====:...f Hl DISTANCE FROM CENTER LlNE or TRACK TO NEAR FAC£ OF SORING AND JACKING PITS WHEN MEASURED AT RIGHT ANCLES TO TR~CK_,__ __ _ (lO' U)I(.) APPLICANT HAS CONTACTED I-BOO-336-9193, U. P-COMMUNICAT[ON OEPARTMfNT, ANO HAS OETERM1N£D •IBER OPTIC CA8LE __ OOES ; __ OOES NOT EXIST IN VICINITY OF' WORK TO BE P£Rf'ORMf.O • T!CK£l NO.----------- FEB 07 2R e c e i v e d T i me Ma Y . 1 9 . 1 0 : 1 8 AM w .0. ii H I I< C IM alL OCCo.'S tCN!. U. r. [D1,QLIU~4tlONS g (PAJITMf"llT >C/ST I( ~MTlltT(ll IK AIJVANt( Of' Jun WORI( TO DET£mlf),( ~l!.l[wl!( AM I) ~OC•tu,,, gr r11EJ1 o,r1c eo e~E. ,_ ; 1-0ot>-Jlr ,11! 817 336 2247 PAGE .06