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Contract 35328
CITY SECRETARY CONTRACT NO. 353~ CONFORMANCE SET CONTRACT DOCUMENTS, SPECIFICATIONS, AND ADDENDUM for LAKE WORTH MAINTENANCE DREDGING PROJECT NO. 1-2006 FORT WORTH Prepared for: City of Fort Worth Water Department CHARLES BOSWELL CITY MANAGER ROBERT GOOD, P .E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS MICHAEL J . MONCRIEF MAYOR S. FRANK CRUMB , P.E. DIR/ETOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, P.E. Al DIRECTOR ~(1~ DEPARTMENT OF ENGINEERING -_:.~ oF'~i,,, -..t.c~ •••••••• -¥,.. '• ,,,,. -,r,,•*""• ....,_ 't Prepared by: ~ '> •• ·"' •• •• ";. • i!*l ·~ "*~ -;x:···· .. 60205 .. ;7111 \ t '1~;;-t·w~ATHER~f C] "'i·tf~151t.'~~!,Z, ~ Carter ==Burgess •,~~~~~,0 7950 Elmbrook Drive Dallas , Texas 75 247-4791 214-638-0145 FEBRUARY 2007 C&B No . 020330 .010 0~ lJORIGINAL CONFORMANCE SET CONTRACT DOCUMENTS, SPECIFICATIONS, AND ADDENDUM for LAKE WORTH MAINTENANCE DREDGING PROJECT NO. 1-2006 FoRrWoRm Prepared for: City of Fort Worth Water Department CHARLES BOSWELL CITY MANAGER ROBERT GOOD, P .E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS MICHAEL J. MONCRIEF MAYOR S. FRANK CRUMB, P.E. DIR7ETOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, P.E . JA, DIRECTOR ~(1~ DEPARTMENT OF ENGINEERING -_:.~ oF'ii,,, -"'~ .......... -¥~ '• ;'", ·"'··* ···~.s-t, Prepared by: it• •• •• • '" ~ ... . .. ,. ~~ * ; ... -.......... -. ...1···~ ~\:~~~-~-~~1~~1 -,a ·-:~~,-~<J."',i/j ,# A.. C B '~~-~~ti r:I' cj" arter== urgess '~~~, 7950 Elm bro ok Drive Dall as. Tex a s 75 247-4 79 1 214-6 38 -0 145 FEBRUARY 2007 C&B No . 020330.010 0~ TABLE OF CONTENTS 1. Part A -Notice to Bidders -Comprehensive Notice to Bidders -Special Instructions to Bidders -Subcontractors/Suppliers Utilization Form -Prime Contractor Waiver Form -Good Faith Effort Form -Joint Venture Eligibility Form 2 . Part B -Proposal 3. Part C -General Conditions 4. Part C 1 -Supplementary Conditions to Part C -General Conditions 5. Part D -Special Conditions 6. Part E -Technical Specifications 02012 -Mobilization -Demobilization 01150 -Measurement and Payment 01300 -Submittals 01310-Communications 01330 -Special Project Signs 01402 -Environmental Protection 02228 -Dredging Operations 02601 -Discharge Pipeline and Booster Pump Stations -City of Fort Worth Material (E-1) and Construction (E-2) Specifications (See latest revision from City) -Specifications -Water Department (Not Included Herein) 7. Vendor Compliance to State Law 8. Contractor Compliance with Worker's Compensation Law 9 . Part F: Bonds and Insurance (City of Fort Worth) -Certificate of Insurance -Performance Bond -Payment Bond -Maintenance Bond 10 . Part G -Contract (City of Fort Worth) 11 . Wage Rates 12 . Project Sign 13 . Appendix A -Soil Sampling Report PART "A" NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTION TO BIDDERS (WATER DEPARTMENT) M/WBE DOCUMENTS NOTICE TO BIDDERS Sealed Proposals for the furnishing of all labor, materials, and equipment for construction of the Lake Worth Maintenance Dredging Project No. 1-2006, addressed to Purchasing Manager of the City of Fort Worth , will be received until 1 :30 p.m. on the date of bid opening , at the Office of the Purchasing Division , located on the lower level of the Municipal Building, 1000 Throckmorton Street, Fort Worth , Texas 76102 . The bids will be publicly opened and read aloud in the City Council Chambers at: 2:00 p.m., November 2, 2006 Special Contract Documents , including plans and detailed specifications have been prepared for this project. Plans will be available for pick up after Thursday, October 5, 2006, from the office of: Carter & Burgess Inc. 7950 Elmbrook Drive Dallas, TX 75247 One set of drawings will be provided to prospective bidders on a non-refundable basis for a fee of thirty dollars ($30.00). Additional sets may be purchased on a non-refundable basis for thirty dollars ($30.00) per set. A pre-bid conference will be held at 10 :00 a.m ., Tuesday, October 17 , 2006 , at the Water Department Field Operations Trailer Training Room, 1608 11th Avenue, Fort Worth , Texas 76102. Engineer will transmit to all bidders of record such Addenda , as Engineer considers necessary in response to questions arising at the conference. Prequalification according to the Fort Worth Water Department Contract Specifications (as listed in Special Instructions to Bidders) is provided . All bidders must submit prequalification documentation with the City of Fort Worth Water Department a minimum of seven (7) days prior to the bid opening. The City reserves the right to reject any or all bids and waive any or all irregularities. No Bid may be withdrawn until the expiration of ninety (90) days from the date the Bids are opened . For additional information concerning this project , please contact Burt E. Weathersbee , P.E., at Carter & Burgess , Inc ., at (214) 638-0145 . Publication Dates : October 5, 2006 October 12 , 2006 NOTICE TO BIDDERS 09-25-06 (Dredging).doc A-1 Charles Boswell City Manager Marty Hendrix City Secretary NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the Following: For: LAKE WORTH MAINTENANCE DREDGING PROJECT NO. 1-2006 Addressed to Mr. Charles Boswell , Interim City Manager of the City of Fort Worth, Texas will be rece ived at the Purchasing Office until 1 :30 p.m., November 2, 2006 , and then publicly opened and read aloud at 2:00 p.m . in the Council Chambers. Special Contract Documents , including plans and detai led specifications have been prepared for this project. Plans will be available for pick up after Thursday, October 5 , 2006 , from the office of Carter & Burgess, Inc ., 7950 Elmbrook Drive , Dallas, TX 75247. One set of drawings will be provided to prospective bidders on a non-refundable basis for a fee of thirty dollars ($30.00). Additional sets may be purchased on a non-refundable basis for thirty dollars ($30 .00) per set. The major work on the above referenced project shall consist of the following : • Dredging 1,700 CY of sediment at Lake Worth • Placing the dredged material in the lake • Other dredging alternatives also consisting of in-lake placement All bidders will be required to comply w ith provision 5159 of "Vernon's Annotated Civil Statues" of the State of Texas with respect to the payment of prevail ing wage rates and City Ordinance No . 7278 , as amended by City Ordinance No . 7 400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. 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 of ninety (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 investigations 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 rece ipt of the addenda by initialing the appropriate spaces on the Proposal fo rm . Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive . Information regarding the status of addenda may be obtained by contacting Carter & Burgess , Inc. at (214) 638-0145 . A-2 AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of the contract(s}, if made, will be within ninety (90) days after opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time . Bidders must complete the proposal section(s} and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation . In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City 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, GOOD FAITH EFFORT FORM with Documentation") and/or the JOINT VENTURE FORM as appropriate . The Documentation must be received by the managing department no later than 5:00 p.m ., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made . Such receipt shall be evidence that the documentation was received by the City . Failure to comply shall render the bid non-responsive. Bidders are advised that the City of Fort Worth has not acquired a Section 404 Permit for the construction of the project shown in the Plans . Bidders are hereby notified that the city anticipates obtaining the necessary permits by the start of construction . In the event that the necessary permits are not obtained , the City reserves the right to cancel the award of the contract at any time before the Contractor begins any construction work on the project(s). In addition Bidders shall hold their unit prices until the City has completed the acquisition of all permits . A Pre-Bid Conference will be held on October 17 , 2006@ 10 :00 a.m . The Conference will be held in the Field Operations training conference room at 1608 11 1h Avenue, Fort Worth , Texas 76102 .. For additional information , contact Mr. Burt Weathersbee , P.E., Carter & Burgess , Inc., (214) 638-0145 . CHARLES BOSWELL CITY MANAGER Advertising Dates : October 5, 2006 October 12 , 2006 A-3 MARTY HENDRIX CITY SECRETARY Department of Engineering A. Douglas Rademaker, P .E. Director By : ___________ _ Assistant Director, Engineering Services Rick Trice , P .E SPECIAL INSTRUCTIONS TO BIDDERS (February 15, 2006) 1. PREOUALIFICATION REQUIREMENTS. All contractors submitting bids , are required to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on 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 equipment schedule, names and addresses of each individual or business entity owning 10% or more of the bidding entity, and any other documents the Department may deem necessary, to the Director of the Water Department or his designated representative, at least seven (7) calendar days prior to the date of the opening of bids. a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-qualification information must include the following information: • Contact person (for additional information) if other than individual who signed the cover letter • If the bidder intends to submit a bid within thirty (30) days from the date that the pre-qualification request is submitted to the City, a statement as to the project to be bid and the date that the bids are scheduled to be opened. b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or 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 of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared , the previous statement shall be updated by proper verification. c) EXPERIENCE RECORD. 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 the work of both the same nature and technical level as that of the project for which bids are to be received . Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person name, telephone number, project name and total cost, and type of work done (Utility contractor shall list pipe size and pipe linear footage). d) EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the Contractor submits a bid. A-4 The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times l 0. The expiration date for pre-qualification will be established as 15 months after the date of the financial statement. The experience record will be reviewed and verified at the same time. The following condition~ will apply: a) The Director of the Water Department shall be the sole judge as to the acceptability for financial and experience qualification to bid on any Fort Worth Water Department project. b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. c) The City, in its sole discretion, may reject a bid for failure to demonstrate experience and/or expertise . d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. e) 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 wavier of any necessary pre-qualification . For additional information contact John Kasavich, Fort Worth Water Department at (817) 392-8480 (FAX 817-392-8195). Pre-qualification submittal should be sent to: John Kasavich Fort Worth Water Department 1000 Throckmorton Fort Worth , TX 76102-6212 2. BID SECURITY. A cashier's check, or an acceptable bidder's bond , payable to the City of Fort Worth, in the 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 licensed to do bu s ines s in the State of Tex as. In addition , the surety must (l) 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 Treas ury 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. A-5 3. CONFLICT OF INTEREST DISCLOSURE REQUIREMENT. Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids , correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ can be found in the contract documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. 4. 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 C3-3.7. 5. WAGE RATES. Not less that the prevailing wage rates established by the City of Fort Worth , Texas, and as set forth in the Contract Documents . must be paid on this project. 6 . AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 7 . BIDDER LICENSE: Prior to the award of contract to an out-of-state bidder, the bidder shall be licensed to do business in the State of Texas. For licensing procedures, contact the Texas Secretary of State Offices (Telephone Number 1-512-463-5555 or 1-900-263-0060) 8. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Re vise d Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident 's principal place of business is located . "Nonresident bidder" mean s a bidder whose principal place of business is not in this s tate , but excludes a contractor whose ultimate parent company or majority owner has a place of busines s in the State of Texas. T hi s provi s ion does not apply if this contract in vo lves federa l fund s. A-6 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 contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) days after the 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 basis 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 full y comply with the policy and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor 's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. 10. DISABILITY: In accordance with provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on; the basis of disability in the provision of services to the general public , nor in the availability, terms and/or conditions of employment for applicants for employment with , or employees of the Contractor or any of its subcontractors. Contract warrants it will fully comply with ADA's provision and any other applicable Federal , State, and local laws concerning disability and will defend , indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor 's and /or its subcontractors' alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this contract. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530 , the City of Fort Worth has goals for the participation of minority business enterprises and women bu siness enterprises in C it y contracts . A copy of the Ordinance can be obtained from the Office of the C ity Secretary . The bidder shall s ubmit th e MB E/WB E S U BCO N TRACTOR-S U PPLI E R UT ILI Z ATIO N FORM , PRIM E CONTRA C TOR WA IVE R FO RM , a nd /or th e A-7 GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 12. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening . Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents , or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. A-8 ---· rU lr\vMMCN I I r\ Page 1 of 4 FORT WORTH ----.....,...---City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable bl/k to describe prime t)R£U b t tJS ,fe,N f{oLo<o 1 £s -L ,JCJ , l MNJ/DBE lvr NON-MiW/DBE PROJECT NAME: BID DATE LAKE WORTH MAINTENANCE DREDGING PROJECT NO. 1-2006 0 .2.. f.J O I.I 6 M I!,£ I-;;).{Q D (a City's M/WBE Project Goal : Prime's M/WBE Project Utilization: PROJECT NUMBER I 1 CITY PROJECT NO. NIA 10% % Identify all subcontractors/suppliers you will use on this project 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 . ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening w ithin the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DO T ), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterpr ise (M/WBE). RECEIVED NOVO 7 2006 ~ER DEPARTMEJjT Q ~ ~tw)j_t~~ /450 ~-7/ ;;..vob Rev . 5/3 0/03 - -· - - . .,,. - V ~ - - -~ C -- - -- - - - f-\ I I f-\LnlVlt:N I If-\ Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status ; i.e., Minority , Women and non-Mt\1\/BEs . Please list Mt\1\/BE firms fi rst, use add itional sheets if necessary . Certification -N: (c h eck one ) ·o SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D -~ R 0 s:-E E C T ·e A At?-~r:r Q., t' ~ 1J<!-1S t oo --po n1q5,_ i ~NTF€N~ rAA"J.. llooo- DA t,LAS, -r'f.-... 1 ~ l'l X y · ~~\\\fJ -;;2..1 c/ 3QI lq ~/ ~J<..{ 3q I :1G:, 6 \ ~(i) \.__,I l'"-" A~M f~tJC~ ~JvT t~~ t f ~ A &1\.~ Co ')... 7 C~ <;. ~ IO f; .l) L l tx.l~f\r0 U t L.L-f>-tt. 7q::/1 X X fyf »\fJ q1;z $/.)...9 1 ~o / q-r:t__ ,d:t S~°i4 N~H AtJ MA t f:(L S4;.JJt'f 8080 'PA~~ lJq~~ WA/~0()0 ° 0 ~€<ooo J X X p1!v T'J. 7 s-;;._ '!:, I ( ~4 t-39 4141 ;).., 4. 1 3 C\ 5--q 0 I / Q) iL A JJA ColJ~q(_f"i(\.it·S s.ut--vgy -s f£ A ~uv& f-ro:i 'R.t vlff.... f-4 IJ ~ ' x X ,Lo 7 f o fl.T Lv o tlr N 1'!'f76 l o ~ii '33 ::,qq ~v 11 3~~gc,~ ~y_Ai f§; t,t \J, MA l-1 ) C.OtJ ~T(-ltct IO~ J tP .po lO'L '3t q J £ >JTI-A JvC-12 /.t{A :L J ~oo -, d'tl~11N TI-1~4;i ~ ~ ct.l{o C:.48 o1o~ I ll'-tob4'ei -6({o1 I 1cocttfT' fu.f L tt£(sL FU&0 . 99-- l~ i ioY-A l., :Pt:.w'/ ~A'}-11;000 £u L-& .s:. t -rY-t 6 o l.{ o \ X A I 1 -@ l'l 2.<, 6 ~ l 0 8 l 7 ~ 7 <{-q 1 Rev . 5/30/03 f-\1 11-\~n lVIC:N I I f-\ Page 3 of 4 Primes are required to ident ify ALL subcontractors/sup pliers , regardless of st at us ; i.e ., Minority , Wom en and non-M/\NBEs . Please list M/1/v BE firms fi rst , use add itiona l she ets if necessary . Certificati on N (ch eck on e ) 0 SUBCONTRACTO~SUPPLIER n T Detail Detail Company Name i N T C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D V. Telephone/Fax r B B R 0 B '.• E E C T E A x'A ~ WA'TEf.-ff-cl), ftf& t F,rr1 ~s. µ1 A/~)ooo ~ t'O&rf..85'43 pr worer 1..i ry 761 ~4 8 (1 £f5'7 ·<fiB,8/ I X X B £, {, s-~ .?-tDC rr C:0:v'f()u,.J T i -AfFt u ~~er .e o1vT1..uu ~,t,t A y._11·0CXJ~ ;;-7 d--4 6 f..,V A ~ f t X Si ~tJ f!tt-T l,vOf..._'TH 1"il b roq 811 q ~4 L{ 5"',}-. St 1 qd-0 ?-7a--s c..~ L c:.fl-A tJ.s .... ~t.Jf; l)ALL~(}TX 1 ( <;',£e_ V l C. I;= UM I Sf)Ocfl- qt~ Lf4 S' (q(9 I l fORTWORTH I Rev . 5/30/0 3 I J_ Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ /'d ·ll"\vnMt:N I II"\ Page 4 of 4 &CJ :>-7, 7CJ o - ~D 5' aoa,_ ) TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS c,c $ 3J 7<!:JOr---l The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or. designee through the submittal of a · Request for Approval of Change/Addition. Any unjustified change or deletion shall' be a materi~l -br.each :of .. contract -and m~y result in debarment in accord with the procedures . ouMined ·iri the ordinatjce:'. Th~f'contractor ,shalF submit a detailed explanation of how the requested change/addition or deletionc will .affect tt,e committed M1\IVBE goal. If the detail explanaNon is ,not subrnitted,. it will affect the final Compliance: determinatiort ... 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 Offerer also agrees to allow an audit and/or examination of any books , records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, · employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract , by an authorized officer or employee of the City . Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year . Title Contact Name/Title (if different) 1) ~.D6 t tJCo TECH 1J.. oL, oG, es 'I NCJ 9(1 ;).3~ t 74 9 fA x 8171r1q o<t 8 Company Name Telephone and/or Fax Address E-mail Address 01 IJOL~~tB~fJ--~0~ City/State/Zip Date Y /1 ~ 9 9 )_ -JI t 7 Rev . 5/30 /03 M.I IM.l,MMCl'II IM. Page 1 of 4 FORT WORTH ----.....----City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable bl/k to describe prime bR£n b I tJG ,ELN N.oLos I E,s ..L ,JCJ , I M!W/DBE I ·vf NON-M!W/DBE PROJECT NAME: LAKE WORTH MAINTENANCE DREDGING PROJECT NO. 1-2006 BID DATE c.2. f..Jov6rn./!J£1'-~o<a City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER ' 1 CITY PROJECT NO . NIA 10% % Identify fill subcontractors/suppliers you will use on this project 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 . :J.~:~~tify;,;e,ch :;f i~f'lfv~I}. !i~tJ~: t.h~J°~v~L?fs49f~~fr,~qfN(h.~:fe:~ t,5~t~(r~~/q~hJ({9f~~t·E~:W/~t~i'" ; ., l;f:1:fttY::i;: ;· .. . payment from ·the pnrne ;coptra.ctor to a subcontractons ;,cons1dered· t ,;I1er;-; a ·:payment fiy a;sul.5 , ... a:cto:r tQ .'. · its. \s a~p1 Jer i$ ·crl:ii s.ld~red'i ~~;°tf~r6>1;:;:; Ct ;.-': ·. y· . ? : ' '. : "tit a 1' :: t.·.H}MH:f ,'.;if// 1mit:c:::r :\f Jf )),)k:·.iii:~;{: ,: · . ,;tJt:r.f]Jit,{ .. '.;. · ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace , that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DO T), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). RECEIVED NOVO 7 2006 r~1~~ /450 ~-7/ ~vob Rev. 5/3 0/03 - -· - - - ._,.. - V - - - - ~ ( -- - - -- - - - - ,... I I /-\vnlVlC:N I I r\ Page 2 of 4 Pri mes are requ ired to identify ALL subcon tractors/supp liers , regardless of status ; i.e., Minority , Women and non -M/\tVBEs . Please list M/\tVBE fi rms first , use add it io nal sheets if necessary . Certificatio n •N: (check one ) ·o · rt SUBCONTRACTOR/SUPPLIER T Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w D -~ Telephone/Fax r B B T R 0 e'· E E C T '£ A At?-?-er:r ct, -r ~ iv·~.E t 0 0 'po ttl qS?-j To Ni" f -g ,-J C..~ ;M\-y... llooo- oA LL~S. -r'I-... 1 ~:>-n X 'i . ~Bm fJ '2-1 q ?/ti lq)o/ ~,~3ql ~b \ /?l..f'i> \..-,I {'-""" A~ lAA f~tJC~ 1\lf 1vr f~i--c-f: ~r:f: A &>'-e to ')..-7 C~<;p,/0 s.b "-' \ £x.l µC_f\.l\) Vt L.<-f>-tt 7 s-(!:/l X X ~ti,\f} q ,~ $,.}..9 lo o / q,~ i d ? s~q4 · Nf\rH AlJ M A l ~I-f:,l{~f,y 808 0 'PA~~ LA~E 'JM AY q s:; ODO 00 ~€~00 I X X l)ilVrJ. 7 S-:L '?:, I / ;;y 4 t'39 41 4 1 :7., 4. 13'\ 5~0 I / @) il--sf£ A ~a v£ A tJA ColJ<c.LlL{l(\~·S sut-u gy t-ro~ 'K-t "~'-~4 ~ ~ ( x X ,lo 7 fo ytt' evo rtr"11'"[f 7 6l o ~i i '3 :3 ::, q q ov . 1, ?,~ 'Sq Cf ~ . C.O tJ ~T (.JtC't Io ~ ~y_A1 ~~\J , MA l-1) J (:JO .po i:.<Ji.. '3k) q 1 £ JJTI--A JvC-f: t1M :;_ J ~oo ,,_, ct"u ~,1 N n-'~J; i ~ q.l.{o Co.48 o~ 3 lt4o ~</~~({o1 rfl-1 coc tt fr pu f L t)tf(fLf(.l50 . 99- l~ i ~ Y/J. l., :P ~'/ ~A} t 11 000 su l.-5 .s;, ~ --N-1 6 o 4.. o \ X ,X I 1b't"l 2 ~ 6 ~l O I 8l 1 ~ 7</-C/1 Rev . 5/30/03 J· /"\I 1/"\l,nlVICl'II I/"\ Page 3 of 4 Primes are requ ired to identify ALL sub contractors/suppliers, regardless of st atus ; i.e ., Minority , Women and non -M/WBEs . Please list M/WBE firms first , use additional sheets if necessary. Certification N (che ck one ) 0 SUBCONTRACTO~SUPPLIER T n Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax B B T D V, r R 0 B _. E E C T E A 'f€yA5: CV1t1Ef--f~, 'f>tft f. F,rr11~s. /MA I:;.,) 000 ¢,. .po &sf.. 8 s-ct3 ,=,-w of.::tH ry 761~4 Bl1 £!:'57 ·qqis / i X X er1 ~s-4-~rr · Ccx.v ro w >J Tii\ff tu ~~Cf c o1vuu0 ilA A't-1(.'ScXJ!f}_ ;;-7 ;;_(..( 6i.,V 'A ~ ( 'I X SI~,,) fid-T l,v Of4" H 1"4-7 f, (D q 811 q}4L{S~ Bt 1 q~ ?--7;:;._s C~Lc.f.At.1.15 ··· Ct.Attf 'f)ALLA (} TX 1 i <;£tVlc.~ UM I S]!XJcft- qt~ 44~ (q(9 I l FORTWORTH I Re v . 5/30 /0 3 I Tota l Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ l'\1 ·11'\l.,nMC:NI II'\ Page 4 of 4 &cJ )-7, 7CJ6- oO 5';aoa- TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS oc $ 3j_ 7<!JO~ l The Contractor will not make add itions, deletions,· or substitutions to this certified fist without the prior approval of the Mino r ity . and Women Business Enterprise Office Manager or designee through the submittal of a · Request far Approv.al of Change/Addition. Any unjustified change or deletion shali be a matericil .br.eacb of ,c on tract -and may . resuit in debarm ent k1 accord wi t h the procedures . ou t lin.ed -fr i the · ordina n ce:: Th~f 'tontractor -sh a!F submit a detailed explcmat ion of how the requested change/addition or deleiion ,will -aifect the committed M1WBE goal. If the detail explariation is not submitted ,.'it will affect t he final c ompliance:determinatiori .. By affix ing a signature to this form , the Offerer further agrees to provide , directly to the City upon request , complete and accurate information regard ing 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 examinat ion of any books , records and files held by their co m pany . The bidder agrees to allow the transm ission of interviews with owners , principals , officers , · employees and applicable subcontractors/suppl iers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on th is contract , by an authorized officer or employee of the City. Any intent ional and/or knowing misrepresentation of facts will be g rounds 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 concern ing false statements . Any failure to comply with th is ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year . Pr inted Signature Contact Name/Title (if different) 1) Rt:.txo t rJG, TEcH 1-L. 00 oG, es x: NCJ 9(1 d--36 t 74 9 fA X 817 4r-7q o<( 8 Company Name Telephone and/or Fax Address E-mail Address 01 NO~l!j,lB ~<J.-~O~ City/State/Zi p Date Rev. 5/30 /0 3 PART "B" PROPOSAL BID PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: Mr. Charles Boswell City Manager City of Fort Worth, Texas Fort Worth , Texas FOR: LAKE WORTH MAINTENANCE DREDGING PROJECT No 1-2006 Includes the furnishing of all materials ( except as specified to be furnished by the City), equipment and labor for dredging of Lake Worth, all necessary appurtenances and incidental work to provide a complete and serviceable project. Pursuant to the foregoing "Notice to Bidders ," the undersigned bidder, having thoroughl y examined the contract documents , including plans, special contract documents , and the General Contract Documents and General Specifications for Water Department Projects , the site of the project and understanding the amount of work to be done , and the prevailing conditions , hereby proposes to do all the work , furnish all labor, equipment and material necessary to fully complete the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas ; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond , and such other bonds , if any , as may be required by the Contract Documents for the performing and completin g of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place , the following items): B -1 BASE BID TOTAL ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT AMOUNT NO. QUANTITY BID PRIC ES WRITTEN IN WORDS PRIC E BID 1. 1 L.S . Mobilization and Demobilization, complete and in place for: Sixty Eight Thousand One Hundred E ighty Five Dollars and Fifty Five Cents per Lump Sum $ N I A $68J 85 .55 2. 1,700 C.Y. Dredging of Area 1, complete and in place for: Twelve Dollars and Six Cents pe r Cubic Yard $12.06 $20,502.00 3. 1 L.S. Construction Entrance , complete and in place for: One Thousand Five Hundred Dollars and No Cents p er Lump Sum $ N I A $L500.00 TOT AL BASE BID AMOUNT $90J87 .55 BID ALTERNATE lA TOTAL ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT AMOUNT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRIC E BID lA. 4 ,800 C .Y . Dred ging of Area 1 A, complete and in place for: Six Dollars and One Cents per Cubic Yard $6.01 $28,848.00 TOTAL BID ALTERNATE lA AMOUNT $28,848.00 B-2 BID ALTERNATE lB TOTAL ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT AMOUNT NO . QUANTITY BID PRIC E S WRITTE N IN WORDS PRIC E BID lB. 17 ,800 C.Y. Dredging of Areas 1 A and 1 B, complete and in place for: Four Dollars and Fifty-Five Cents per Cubic Yard $4 .55 $80,990.00 TOTAL B ID ALTERNATE lB AMOUNT $80,990 .00 BID ALTERNATE 2A TOTAL ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT AMOUNT NO . QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 2A. 7,000 C.Y. Dredging of Area 2A , complete and in place for : Six Dollars and Eighteen Cents per Cubic Yard $6.18 $43,260.00 T O T AL BI D AL TERNA TE 2A AMOUNT $43,260 .00 BID ALTERNATE 2B TOTAL ITEM APPROX DESCRIPTION OF IT EMS WITH UNIT AMOUNT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 2B. 11 ,000 C .Y. Dredging of Areas 2A and 2B , complete and in p lace for: Five Dollars and Eighteen Cents per Cubic Yard $5 .1 8 $56,980.00 TOTAL BID ALTERNATE 2 B AM O UNT $56,980.00 B -3 BID ALTERNATE 2C TOTAL ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT AMOUNT NO. QUANTITY BID PRIC ES WRITTEN IN WORDS PRIC E BID 2C. 20,500 C.Y. Dredging of Area 2A, 2B,and 2C, complete and in place for: Four Dollars and Sixty-Nine Cents per Cubic Yard $ 4.69 $96,145.00 TOTAL BID ALTERNATE 2C AMOUNT $96,145.00 BID ALTERNATE 3 TOTAL ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT AMOUNT NO. QUANTITY BID PRIC ES WRITTEN IN WORDS PRIC E BID 3A. l L.S. Mobilization and Demobili zation, complete and in place for: Ten Thousand Four Hundred Dollars and No Cents per Lump Sum $ N I A $10,400.00 3B. l ,000 C.Y. Dred ging of Area 3, complete and in place for: Te n Dollars and No Cents per C ubic Yard $10.00 $10,000.00 3C. l L.S. Construction E ntrance , complete and in place for: One Thousand Five Hundred Dollars and No Cents pe r Lump Sum $ N I A $L500.00 3D. 1 L.S. Grading, complete and in place for: Six Thousand Eight Hundred Dollars and No Cents per Lump Sum $ N I A $6,800.00 TOTAL BID AL TERNA TE 3 AMOUNT $28,700.00 B-4 BID ALTERNATE 4 ITEM APPROX DESCRIPTION OF ITEMS WITH UNIT NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE 4A. 39,300 C.Y. Dredging of Areas 1 A, 1 B , 2A, 28, 2C and 3, complete and in place for: Four Dollars and Seventy-Nine Cents per Cubic Yard $4 .79 TOTAL BID ALTERNATE 4 AMOUNT B id S um mary Total Base Bid Amount (Not to Exceed) Combined Base Bid and Alternate IA Bid Amount (Not to Exceed) Combined Base Bid , and Alternate 1 B Bid Amount (Not to Exceed) Combined Base Bid , Alternate 1 B, and A lternate 2A Bid Amount (Not to Exceed) Combined Base Bid , Alternate 1 B, and A lternate 28 Bid Amount (Not to Exceed) Combined Base Bid, Alternate 1 B, and A lternate 2C Bid Amount (Not to Exceed) Combined Base Bid and Alternate 3 B id Amount (Not to Exceed) Combined Base Bid and Alternate 4 Bid Amount (Not to Exceed) B - 5 $90,187.55 $119,035.55 $171.177 .55 $214,437.55 $228,157.55 $26 7,322.55 $118,887.55 $278,434 .55 TOTAL AMOUNT BID $188,247.00 $188,247.00 Failure to provide the information required above may result in rejection of bid as non- respons1ve. 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. Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort --' Worth, Texas , in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January l , 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and these specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within ten lQ-calendar days after issue of the work order, and to complete the contract within 120 CALENDAR DA YS_after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) [ ] A. The principal place of business of our company is in the State of [ ] Nonresident bidders in the State of _____ , our principal place of business are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [ ] Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B-6 B . 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 ~ Addendum No. 2 ---- Addendum No. 3 Addendum No. 4 ---- Addendum No. 5 ---- v-1~ '~~ ~r is Corporation. Respectfully submitted, TITLE : +?tf.S. '[,Ju ADDRESS: 3, 5() <{µ'Al ~tJ T(A t v fJ.£LHJ0f'~,-J TY, 1(;, 0 ( k, LAKE WORTH MAINTENANCE DREDGING PROJECT NO. 1-2006 B-7 I~n urors P.O . Bo x 2683 • 225 South Fifth Stree t• Wa co, TX 76702-2683 effilllJY www .insurorsindemnity .com • 2 54 -759-3 702 • Fa x 254-755-6399 ompany ·---------------- s10 BOND Bond No . 609831 ------KNOW ALL MEN BY THESE PRESENTS : THAT we, Dredging Technologies , Inc ., Arlington, Tx . , as Principal, hereinafter called the Principal , and INSURORS INDEMNITY COMPANY, Waco, Texas , as Surety , here i nafter called the Surety , are held and firmly bound unto Th e City of Fort Worth , as Obligee , hereinafter called the Obligee, in the amount of 5 % of the amount of this bid not to exceed Two Hundred Sixty-Four Thousand and 00/00 Dollars ($ 264 ,000 .00 ), for the payment of which sum well and truly to be made , the said Principal and the said Surety, b i nd ourselves , our he i rs , executors , administrators , successors and assigns, jointly and severally, firmly by these presents . WHEREAS , the principal has submitted a bid for Hy dra ul ically dre dge appro xi mat ely 41,000 cu bi c yards in spe cified place in Lake Worth Dredging Project NOW, THEREFORE , If the contract be t i mely awarded to the Principal and the Principal shall within such time as specified in the bid , enter into a contract in writing and g ive bond with good and sufficient surety , or , in the event of the failure of the Principal to enter into such Contract and give such bond or bonds ; if the Principal shall pay to the Obligee the d ifference not to exceed the penalty hereof between the amount specified in sa id bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid , then this obligation shall be null and vo id , otherwise to rema i n in full force and effect PROVIDED , HOWEVER, neither Pri ncipal nor Surety shall be bound hereunder unless Obl igee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the enti re cost of the project. SIGNED , SEALED AND DATED this =2n=d,___ day of November , 20~0~6- (Seal) Bid Bond (02-06) Page 1 of 2 I~n urors P .O . Box 2683 • 225 South Fifth Street• Waco , TX 76702-2683 emn1 tY www.insurorsindemnity .com • 254-759-3702 • Fax 254-755-6399 ornpany-~~~~~~~~~~~~~~~~ IMPORTANT NOTICE -AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurers Indemnity Company's toll- free telephone number for information or to make a complaint at: 1-800-933-7 444 You may also write to lnsurors Indemnity Company at: P .O . Box 2683 Waco , TX 76702-2683 Or 225 South Fifth Street Waco , TX 76702 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P .O . Box 149104 Austin , TX 78714-9104 or fax at: 1-512-475-1771 PREMIUM OR CLAIM DISPUTES : Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance . ATTACH THIS NOTICE TO YOUR BOND : This notice is given to comply with Section 2253.021, Government Code, and Section 53 .202 , Property Code, effective September 1, 2001 . Bid Bond (02 -06 ) Para obtener informacion o para someter una queja : Usted puede llamar al numero de telefono gratis de lnsurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7 444 Usted tanbien puede escribir a lnsurors Indemnity Company: P.O . Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco , TX 76702 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias , coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas : or fax al P .O. Box 149104 Austin , TX 78714-9104 1-512-475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS : Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero . Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TOI). UNA ESTE AVISO A SU POLIZA: Este aviso esta dado para acatar con Section 2253 .021 Government Codey Section 53.202, Property Code efectivo, Septiembre 1, 2001 . Page 2 of 2 PART "C" . GENERAL CONDITIONS Cl -I Cl-1.l Cl-1.2 C 1-1.3 Cl-1.4 C 1-1.5 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 Cl-1.22 Cl-1.23 Cl-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 l, 1987 TABLE OF CONTENTS DEFINITIONS Cl-I (1) Definition of Terms Cl-1 (1) Contract Documents Cl-1 (2) Notice to Bidders Cl-1 (2) Proposal C 1-1 (2) Bidder Cl-1 (2) General Conditions Cl-I (2) Special Conditions C 1-1 (2) Specifications Cl-1 (2) Bonds Cl-1 (2) Contract Cl-I (3) Plans Cl-I (3) City Cl-I (3) City Council Cl-I (3) Mayor Cl-1 (3) City Manager Cl-1 (3) City Attorney Cl-1 (3) Director of Public Works Cl-I (3) Director, City Water Department Cl-1 (3) Engineer Cl-1 (3) Contractor Cl-1 (3) Sureties Cl -1 (4) The Work or Project Cl-1 (4) Working Day Cl-1 (4) Calendar Days Cl-I (4) Legal Holidays Cl-1 (4) Abbreviations Cl-1 (4) Change Order Cl-1 (5) Paved Streets and Alleys Cl-1 (5) Unpaved Streets or Alleys Cl-1(6) City Street Cl-1 (6) Roadway Cl-1 (6) Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 C2 -2.2 C2 -2 .3 C2 -2.4 Proposal Form Interpretation of Quantities Exa mination of Co ntract Documents and Site of Project Submitting of Proposal (1) C2 -2(J ) C2-2(l ) C2 -2 (2) C2 -2 (2 ) C2-2.5 C2-2 .6 C2-2.7 C2-2.8 C2 -2.9 C2-2.10 C2-2 . l l C2-2. l 2 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 .l 2 C3-3 . l 3 C3-3 .14 C3 -3 .15 C4-4 C4-4.l C4-4.2 C4-4 .3 C 4-4.4 C4-4.5 C 4-4 .6 C 4-4 .7 CS-5 CS-5.1 CS-5 .2 CS-5.3 CS -5 .4 CS -5.5 CS -5 .6 CS-5.7 Rejection of Proposals Bid Security Delivery of Proposal Withdrawing Proposals Telegraphic Modifications of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders A WARD AND EXECUTION OF DOCUMENTS : Consideration of Proposals Minority Business Enterprise/Women Business Enterprise Compliance Equal Employment Provisions Withdrawal of Proposals A ward 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 Incre ased or Decreased Quantities Alte ration of Contract Documents Extra Work S ch e dul e of Operation Prog ress Schedules for Water and Sewe r Plant F a cilities CONTROL OF WORK AND M ATERIA LS Authority of E nginee r Conformity with Plans Coordination of Contract Documen t s Coop e ration o f C o ntrac t or E m erg e nc y a nd /or R e ctificati o n Work F ie ld Offic e Const ruc ti on Stakes (2) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (4) C2-2 (4) C 2 -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) C 3 -3 (o) C3-3 (6) C3-3 (6) C3-3 (7) C4-4 (1) C 4-4 (1) C 4-4 (1) C4-4 (2) C 4-4 (2 ) C4-4 (3) C 4-4 (4 ) C S-5(1 ) C S-5 (1 ) CS -5 (l ) CS-5 (2) CS -5 (2) CS -5 (3) C 5-5 ,3) C5-5.8 CS-5.9 CS-5 .10 CS-5 .11 CS-5.12 CS-5.13 CS-5.14 CS-5 .15 CS-5.16 CS-5.17 CS-5.18 C6-6 C6-6.1 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 C6-6.17 C6-6.18 C6-6 .19 C6-6.20 C6-6.21 C7-7 C7-7 .1 C7 -7 .2 C7-7.3 C7-7.4 C7-7 .5 C7-7.6 C7-7.7 C7 -7 .8 Authority and Duties of City Inspector Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Respon sibility of Contractors Clean-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 Railway Crossings Barricades, Warnings and Flagmen Use of Explosives, Drop Weight, Etc . Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment or Relocation of Public Utilities, Etc. Temporary Sewer and Drain Connections Arrangement and Charges for Water Furnished by the City Use of a Section or Portion of the Work Contractor's Responsibility for the Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of The Work Limitation of Operations Character of Workmen and Equipment Work Schedule T ime of Commencement and Compl e ti o n Extension of Time Completi on (3) CS-5 (3) CS-5 (4) CS-5 (4) C5-5 ( 4) C5-5 (5) CS-5 (5) CS-5 (5) CS-5 (6) C5-5 (7) CS-5 (7) C5-5 (8) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (3) C6-6 (3) C6-6 (3) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 (6) C6-6 (8) C6-6 (8) C6-6 (8) C6-6 (9) C6-6 (9) C6-6 (9) C6-6 (9) C6-6 (10) C6 -6 (10) C7-7 (1) C7-7 (1) C7 -7 (1) C7-7 (2) C7 -7 (2 ) C7 -7 (3 ) C7-7 (3) C7 -7(3) C7-7.9 Delays C7-7 (4) 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. l 5 Fulfillment of Contract C7-7 (8) C7-7. l 6 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8. l Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8(1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adequacy of Design C8-8 ( 4) C8-8. l 0 General Guaranty C8-8(4) C8-8 . l l Subsidiary Work C8-8 ( 4) C8-8. l 2 Miscellaneous Placement of Material C8-8 ( 4) C8-8 . I 3 Record Documents C8-8 ( 4) (4 ) PART C -GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS Cl-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) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue (Sample) White (Sample) White b . SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following item s: 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 (Us uall y bound separately ) Cl-1 (1) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C 1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done , together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any person, persons, firm , partnership, company, association , corporation , acting directly or through a duly authorized representative , submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. 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. C 1-1.8 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 s pecifications , regulations , requirements , statutes , etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein . Cl-1.9 BONDS: The bond or bonds are the -wTitten 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 . Maint enanc e Bond (see paragraph C3 -3. 7 ) d. P ropo sa l o r Bid Se curity (see Spe ci a l In st ruct i o n s t o Bi dd e r s. P art A 2.nd C2 -2 .6 ) Cl-I (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. Cl-I.I I 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. C 1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth , Texas. Cl-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 . CJ-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 repre se ntative. CJ-1.18 DIRECTOR. CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his dul y authorized representative , assistant, or agents. Cl-1.19 ENGINEE R: 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. Cl -] .20 CONTRACTOR: The pe rson, person 's. pa rtne rs hip , company. firm, as soci ation , or corporation , enterin g into a contract with the Owner for the execution of work . actin2 ~ . ~ CJ-1 (3) directly or through a duly authorized representative. A sub-contractor is a person, firm , corporation, supply ing labor and materials or only labor, for the work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. Cl-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 excepted. Cl-1.25: LEGAL HOLIDAYS : Legal holiday s shall be observed as prescribed b y the City Council of the City of Fort Worth for observance by City employees as follows : 1. 2 . ,., ., . 4 . 5. 6. 7. 8. 9. New Year 's day M.L. King, Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holiday s as the City Council may determine January I Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in Nov ember Forth Friday in November December 25 When one of the above named holidays or a special holiday is declared b y 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, b y those e mployee s working on working day operations . Employees working calendar day operations will consider the c a lendar a s the holiday. C 1-1 .2 6 A BBREVIATION S: W hen ever th e a bbrev ia ti o n s d e fi ned h er e in a p pear in th e Cont ra ct Doc um e nt s, th e int e nt a nd m eanin g sh a ll b e as fo llows: C l-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 I.D. Inside Diameter ASA American Standards Association O.D. Outside Diameter HI Hydraulic Institute Elev. Elevation Asph. Asphalt F Fahrenheit Ave. Avenue C Centigrade Blvd. Boulevard In. Inch CI Cast Iron Ft. Foot CL Center Line St. Street GI Galvanized Iron CY Cubic Yard Lin. Linear or Lineal Yd. Yard lb. Pound SY Square yard MH Manhole L.F. Linear Foot Max. Maximum D.I. Ductile Iron Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary a~d 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. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3. Brick. with or without separate base material. 4 . Concrete, with or without separate base material. 5. Any combination o f the above. CJ-1 (5 ) Cl-1.29 UNPAVED STREETS OR ALLEYS : An unpaved street , al1ey , roadway or other surface is any area except those defined for "Paved Streets and Alleys." Cl-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 . C l-I (6) 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 (I) 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 (I 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 bas is. 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 hereinaft er provided, without in any way i nvalid at in g the unit prices bid or any other requirements of the Contract Document s. C2-2(]) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shalJ constitute alJ of the information which the Owner wilJ furnish. AlJ additional information and data which the Owner wilJ supply after promulgation of the formal contract documents shaJl be issued in the form of written addenda and shaJl 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 wilJ 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, shalJ 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 a ctualJy encountered in construction and as indicated in the Contract Documents wilJ 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 sha ll 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 suc h prices shall be wTitten legibl y. In case of di screpancy between price written in words and the price written in numerals , the price most advantageous to the City sh a 11 govern. If a propo sa l is submitted by an individual , his or her name must be signed by him (her) or his (her) dul y authorized agen t. 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 age nt. The corporate sea l must be affix ed. 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 it is delivered , accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered . The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly 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 openi ng time. no further consideration will be given to the proposal. C2 -2(3 ) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2. l l IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form , additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following : 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who. in the judgment of the Engineer, is disqualified under the requirements stated herein. shall be set aside and not opened. C2-2( 4) PART C -GENERAL CONDITIONS C3-3 A WARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AW ARD AND EXECUTION OF DOCUMENTS : C3-3.1 CON SID ERA TION OF PROPOSALS: After proposals have been opened and read aloud , the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents . The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities , to re-advertise for new proposals , or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3 .2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE : Contractor agrees to provide to Owner, upon request , 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 Jess than six ( 6) month s. C3-3 .3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall compl y 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 Emplo y ment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be w ithdrawn by the Bidd er w ithin forty-fiv e ( 45 ) days aft er the date on w hich the propos als we re open ed . C3-3 (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 SECURJTIES: 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 I 00 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 a11 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. l 0 . 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 evi dence d by the proposal tabulation or otherwi se. guaranteeing the prompt , full and fa ithful 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 with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney. and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal , and the owner may annual the Award . By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten ( 10) da y s , the proposal security accompany ing the proposal shall be the agreed amount of damages which the Ovm er w ill C ,., ,., ('"') .)-.) .) 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 l 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 In surance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute , the Contractor shall provide adequate employer 's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract , Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occ urrence on account of bodily injury, including death , and in an amount not less than $500 ,000 covering each occurrence on account of property damage with $2 ,000 ,000 umbrella policy coverage. c. A DDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorse me nt to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage , the fo llowing insurance: 1. Co ntingent Liab ility (coYers Genera! Co ntractor 's Liabi lity for a ct s o f sub-contractors). (3 -3 (4 ) 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavation are performed adjacent to same). 4. Damage to underground utilities for $500 ,000. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability ( covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shal1 procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not Jess than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not Jess than $500 ,000 on account of one accident, and automobile property damage insurance in an amount not less than $100 ,000. e . SCOPE OF INSURANCE AND SPECIAL HAZARD: The msurance required under the above paragraphs shal1 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. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample anached.) All insurance requirements made upon the Contractor sha11 apply to the sub-contractors , should the Prime Contractor's insurance not cover the s ub-contractor·s work operations. C c · LOCAL AGEN T FOR INS UR ANCE AN D BONDIN G : T he insu ra nc e a nd bo nding companies with v,.·horn the Contractor 's ins urance and C 3-3 (5) 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. I 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 or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more , then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal ; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe si ze, but not to th e various depth categorie s . C4-4 (1 ) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: 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 (I), (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. Jn 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 this contract, the Contractor shall submit to the Owner and receive the Owner 's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1 /2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4 .7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of the first monthly progress payment , the Contractor shall prepare and submit to the owner for approval six copies of the schedule in which the Contractor proposes to carry on activities (including procurement of materials , plans, and equipment) and the contemplated dates for completing the same . The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses , the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. As a minimum , th e c onstruction sch edule shall incorporat e all w ork ele ments and acti vi tie s indic ated in the pro po sal and in the technic al specific ations. 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 construction schedule : a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements and completion time. b. The construction progress shall be divided into act1v1t1es with time durations of approximately fourteen days ( 14) days and construction values not to exceed $50 ,000. Fabrication , delivery and submittal activities are exceptions to this guideline. c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d . One critical path shall be shown on the construction schedule . e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum , be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximatel y 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 event s in their logical sequence for equipment and materials . J. Preparation and transmittal of submittals 2. Submittal re vi ew pe ri od s . C 4-4 (4 ) 3 . Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7 . Owner's operator instruction (if applicable). 8. Final inspection. 9. Operational testing. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition , the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time . If the owner finds the proposed plan not acceptable , he may require the Contractor to increase the work force , the construction plant and equipment, the number of work shifts or overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with diligence as will insure its completion within the time specified. 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 ENGINEER: The work shall be performed to the satisfaction of 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 spe cific ation, and quantities shown on the plan s shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omiss ion in the CS-5(1> 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. CS-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night , whether the project is scheduled on a calendar-day or a working-day basis . Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans. the Engineer shall give the Contractor written notice that s uch work or changes are to be performed . The vvr itten notice shall direct attention to the C5 -5 (2) discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action , within 24 hours, the 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. CS-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than IO 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. CS-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 fu]] 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 reiieve 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 releas e any requirement of these Contract Documents , nor to appro ve o r acc ept any porti o n or section o f the work , nor to issue any instructions contrary tot he requirement s of 1h e C S-5 (3 ) Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests , the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should Work so exposed or examined prove to be unacceptable, the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection . C5-5.I0 REMOVAL OF DEFECTIVE AND UNAUTHORJZED 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. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT : If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall , prior to the preconstruction conference , make written application to ENGINEER for a pproval of such substitut e certifying in writing that the proposed substitute will perform a dequately the function ca lled for by the ge neral desi gn, be s imil ar and o f equ a l subst anc e to that specifi ed and be suited to the same u se and C S-5 (4) capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent . No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor 's expense. Contractor shall indemnify and hold harmless Owner 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. CS-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. CS-5 .14 EXISTING STRUCTURES AND UTILITIES : The location and dimensions shown on the plans relative to the existing utilities are based on the be st inform ation ava il able . Omission from , the inclusion of utility location s on the Plans is not to be considered as nonexistence of or a definite location of, exist in g undergrou nd utilit ies. The loca ti on of m any gas m ain s, wa ter mains , conduit s, sewer lin es and service line s for CS -5 (5 ) all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works , provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities , structures, and service lines shall include notification of all utility companies at least forty-eight ( 48) hours in advance of construction including exploratory excavation if necessary. All 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 door knob . The tag shall be durable in compo sition , and in large bold letters shall say: C 5-5 (6) "NOTICE" Due to Utility Improvement in your neighborhood , your (water) (sewer) service will be interrupted on ____ _ between the hours of and ---- This inconvenience will be as short as possible. Thank You, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim . 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 the Contractor in the written notice , and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remo ve from the site of the project all surplus and discarded materials , temporary structure s, and debris of every kind . He shall leave the site of all work in a neat and orderly condition equ al to that which originally existed. Surplus and waste materials removed fr om 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 wiJJ be made to the Contractor for any c lean -u p requ ired on the project. C -~ (' )-) I) CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed , the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection , if the work 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. CS -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: lfthe 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 perfom1ed 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 , ty pe 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 hi s 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 s uch regulations as are required b y Law shall be put into immediate force a nd effect by the Cont ractor. T he necessary sa nitary conveniences for use of laborers o n the work , properly se cluded from public o b serva t io n, shall b e co n s truc ted and m aintained by the Contractor an d th e ir use sh al l be stri ct ly e nforced 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 maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic , and shall , at his expense , provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants , fire alarm boxes , police call boxes, water valves, gas valves , or manholes in the vicinity . The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention , after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remed y 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 an y street or a lJey 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 1s required to con struct temporary bridg es o r make o ther arrang ements fo r crossing ov er ditch es or streams, his respon si bilit y fo r accident s in connection with such crossing s shall in clud e the roa d wa y approach es as v.:e ll as the stru cture s of su ch cross ings . 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 RJGHT-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 specifica ll y 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 v isible at night. From sunset to sumi se the Contractor shall furnish and maintain at lea st one ea s il y vi sible burning light at each ba n-icade . A su ffici ent num be r of ban-ic a de s sh ali be erec ted and m a int a ined to kee p pedestr ian s away fro m , and ve hic les from bein g dri ve n on or int o. any w ork under C6 -6(3) construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed , the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed . The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights , or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades , signs, fences and lights , and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically pro v ided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing, provi ding, and maintaining of barricades , sig ns , fences, and lights or sa laries of watchmen , for the subsequent removal and disposal of such barricades , signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES. DROP WEIGHT. ETC.: Should the Contractor elect to use explosives, drop weight , etc., in the prosecution of the work , th e utmost care shall be exercised at all times so as not to endanger life or property. The Con tractor shall notify the proper representativ e o f any p ublic service corporation, any company, individual, or uti lit y, and the Owner. not less than twe nt y -four hours in advance of the use of any C6 -6( 4) 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 of explosives is requested , the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and /or injuries arising out of such use of explosives. C6-6 .10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property , the Owner will provide such right-of-way or easement privileges , as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor 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 tress , shrubbery , plants , lawns , fences , culverts , curbing, and all other types of structures or improvements , to all water, sewer, and gas lines , to all conduits , overhead pole lines , or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work. The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work . Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation , company , individual , or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission , neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material , or equipment. When and where any direct or indirect or injury is done to public or pri va te property on account of any act , omission, neglect , or misconduct in the execution of the work , or in consequence of non-ex ec ution 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 ex istin g before such damage or inj ury was done, by repa iring , re bu ild ing, or o th erwise (6-6(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. l 1 INDEPENDENT CONTRACTOR: Jt is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent , servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all work and services performed hereunder , and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers , agents , servants , employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers , agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to , and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and /or personal injury , including death , to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly , the work and services to be performed hereunder by the Co ntractor, its officers, agents, employees, contractors , subcontractors, licensees or invitees, whether or nm caused, in whole or in apart . by a lleged negligence on the part o f officers. age nt s. employee s. contractors, subcontractors, licensees or in vitees 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 her eunder 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 s uch good faith efforts have failed. If condition (I) above is met at any time within the six month period, the Director shall recom mend that the final payment to the Contractor be made . If condition (2) above i s met at any time wit hin th e six month period , the Director may recommend that final payment to the Contractor be made . At the exp iration of the six month p eiiod , the C6 -6(7 ) Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may , if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.I3 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 25 1h day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required , the Contractor's claim for compensation shall be waived , and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others , the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed , the Contractor shall, at his own expense and cost , provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain , at his own cost and expense , adequate pumping facilities and temporary outlets or divisions . The Contractor, at his own cost and expense, shall construct such troughs, pipes , or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the \\'Ork under construction will be ade quatel y protected. C6 -6(8) C6-6. l 6 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 Y AL YES 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, m the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK : U ntil written acceptance b y the Owner as prov ided 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 m ake good at hi s own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6. l 9 NOW AIYER OF LEGAL RIGHTS: Inspection by the E n g inee r o r any order b y the Owner b y 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 . A ny waiver of a n y breach or Contract shall not be held to be a waiver of any other or subsequent breach . T he Ovmer reserves the right to correct a n y error that may be discovered in a ny es timate th a t may have been paid and to a djust th e same t o meet the requirements of th e Contract Docum ents. C6-6(9) C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrymg 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 (l 0) 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 Jaws 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 monthl y estimate peri od. The Contractor shall commence the work to be performed under this contract within the time limit st ated in the se Contract Documents and s h a ll conduct the work in a continuous manner and with suffici ent equi pment. materia ls, a nd labor a s is necessar y to in s ure it s co mpletion \:\ithin the tim e limit. C 7-7(1 ) The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents . Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time . C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work , the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT : Local labor shall be used by the Contractor when it is available. The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen , and workmen who are careful , competent , and fully qualified to perform the duties and tasks assigned to them , . and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who , in the opinion of the Owner, shall misconduct 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 appro val of the E ngin e er and shall be maintained in a satisfactory , safe and efficient working condition . E quipment on any porti o n o f the vvo rk shall b e such th at no inj ury to th e \\-O rk . \V or km en or a dj a cent property will res ult fr om 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 on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C 1-1.24 and the Contractor may work as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION : The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request 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, e pidemics, quarantine restrictions , strike s , embargoes. or delays of su b-contractors due to such causes. C 7-7(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 pai1s of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated dam ages suffered by the Owner. C7-7(4) AMOUNT OF CONTRACT $ 5,001 $ 15,001 $ 25,001 $ 50,001 $ 100,001 $ 500,001 $1,000,001 $2,000,000 and over Less than $ 5 ,000 to $ 15,000 to $ 25,000 to $ 50,000 to $ 100,000 to $ 500,000 to $ 1,000,000 to $ 2,000,000 inclusive inclusive inclusive inclusive inclusive inclusive inclusive inclusive AMOUNT OF LIQUIDATED DAMAGES PER DAY $ 35.00 $ 45.00 $ 63.00 $ 105 .00 $ 154.00 $ 210 .00 $ 315.00 $ 420.00 $ 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 Jack 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 beyon d the control of and ,,;vitho ut the fa u lt or neg li gence o f the Co ntractor as se t fo rth in Paragraph C7 -7.8 EXTENS ION OF T HE TIM E OF COM PLETION . and should it b e C7-7(5) determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority , it becomes impossible for the Contractor to obtain all of the necessary labor, materials , and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials , and equipment within thirty days , the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement , which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or se ction of the work under Contract shall be suspended immediatel y on written order of the En gineer or the Contract may be declared canceled by the City Council for an y good and sufficient cause . The following , by way of example, but not of limitation , may be considered grounds for suspension or cancellation: a . Fa ilure of the Contractor to commence wo rk o pe ra tion s w ithin th e time specified in the Work Order issued by the Owner. b. S ub stantial evide nc e that progress of th e work operati ons by the Cont rac to r is in s u ffi c ient to co m p lete the work "vit hi n the spe c ified 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 Suretie s as th e work pro gres ses , subj ect to a ll of the terms o f the Contract Documents. C 7-7 (7) 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 shaIJ be the actual cost of the owner of such work In case such expenses sha11 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 sha11 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 shaIJ 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 whol e , or from time to time in part , in accordance with this section , whenev er the Owner shall det ermine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: An y 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 s hall be deemed conclusively presumed and established when the letter is place d in th e Unit e d States Postal Servic e Mail by the Owner. Further, it shall be dee me d c onclusivel y pre sumed and es tablished that such termin at io n i s m ad e w ith just ca u se as th ere in stated : and n o pro of in any C 7-7(8 ) B . claim, demand or suit shall be required of the Owner regarding such discretionary action CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: I . Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4 . transfer title to the Owner and deliver in the manner, at the times , and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6. Take such action as may be necessary , or as the Engineer may direct , for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the mvner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of tem1ination , the Contractor may submit to the Engineer a list. certified as to quantity and quality. of any or a il ite ms of terminati on inventory not previousl y disposed of, exclusive of items the di sposition 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 b y 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 prov1s10ns 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. FAIL URE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7. l 6(D) upon the whole amount to be paid to th e Contractor by reason of the termination of the work pursuant to this se ction , the Owner shall determine , on the basis of information available to it , the amount, if any , due to the Contractor by reason of the termin ation and shall pay to the Co ntractor the amounts determined. No amount shall be due for lost or anticipated profits. F. D ED UCTIONS : In arriving at the amount due the Contractor under this sec tion th ere shall be deducted ; l . all unliquidated advance or other payments on account theretofore made to the Contract or. applicable to the term in ated portion of thi s con tract ; C7 -7(1 0) 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. G . ADJUSTMENT: If the termination hereunder be partial , prior to the settlement of the terminated portion of this contract , the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices ; noting contained herein , however , shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion . H . NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7 .14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or an y other right which the Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES : The Contractor shall be responsible for initiating , maintaining and supervi sing all safety precautions and programs in connection with th e work at all times and shall ass ume all responsibilities for their enforcement. The Contractor shall compl y with federal , state , and local Jaw s, ordin ances , and regulations so as to protect person and property from injury , includin g death , or dama ge in connection w ith the work. (7-7(1 ]) 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" shalr 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 Joss 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 an y and all infrin gements of patent s, tra dem arks. co py r ight s , or ot h er lega l re se rvation s, (8-8( l) and for completing the work m an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials , or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair , correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances , or any damage due or attributed to such defects, which defects, imperfections , or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects , imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein.· C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 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 10 1h 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 under stood that partial estimates from month to month will be approximate only, all partial monthl y estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate , and suc h estimate shall not , in any respect , be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency , or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City re se rv es the right to withhold the payment of any monthl y estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Co ntract. 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 sha11 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 hcts 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 sha11 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 revi sions 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 h ave been paid in full , B . that the wage sc a le established by the Cit y Council in the C it y of Fort Worth has been paid , and C. that there are no claims pending for personal mJury and /or prope rt y damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the oivner from a ll cl a ims or li a bilities und er the Co ntract fo r anyt hin g don e or furni shed or relating to the w ork und er the Contract D ocument s or any act or negl e ct of sa id Ci ty re latin g to or con ne ct ed wi th the Co nt ra ct. C 8-8(3 ) The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is , therefore, agreed that the Owner shall be responsible for the adequacy of its own design features , sufficiency of the Contract Documents, the safety of the structure , and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. C8-8.l O GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.l l SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal , shall be considered as a subsidiary item of work , the cost of which shall be included in the price bid in the Proposal , for each bid item . Surface restoration , rock excavation and cleanup are general items of work w hich fall in the category of subsidiary work . C8-8. l 2 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under variou s bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for onl y that amount of materi a l 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 th e actual amount used for the Project. C 8-8. l 3 RE C ORD DOC U M EN TS : Th e Contrac tor sha ll keep en record a copy of a ll s p ecifi ca ti on s, p la ns , addend a . modific ation s. shop drawing s and sa mpl es at th e C S-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 . C 8-8(5 ) PART "C1" SUPPLEMENTARY CONDITIONS TO PART "C" SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C-GENERAL CONDITIONS A . General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RET AINA GE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate . For contracts of less than $400 ,000 at the time of execution , retainage shall be ten per cent ( 10% ). For contracts of $400 ,000 or more at the time of execution , retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only , and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done ; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3.l l of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions. D. C3-3.l l INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FO R INSURANCE AND BONDING" Revised l 0/24 /02 P g. 1 E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect , and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F . INCREASED OR DECREASED QUANTITIES: Part C -General Conditions , Section C4-4 SCOPE OF WORK , Page C 4-4 (I), 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 sa nitary sewer pipe in each pipe size but not to the various depth categories. Revised 10124 /02 Pg .2 G. C3-3.l l INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers , employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability msurance 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 $ I 0 ,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 shalJ be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be re sponsible for the direct paym e nt of insurance premium costs for contractor's insurance . j. Contractor's insurance policies shall each be endorsed to provide that such in s urance is primary protection and any self-funded or commercial co verage maintained by City shall not be called upon to contribute to Joss recovery. k. In the course of th e proj ect, C ontractor shall re p ort, in a t imely manner. to City's officiall y designated contract administrator any kn own loss occunence w h ich c ould gi v e r ise to a liab il ity claim or lawsu it o r ,vhich co uld res u l t in a property loss. Rev i se d 10124/02 P g . 3 H. I. 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 shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work , for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights , or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects , which defects , imperfections , or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8 . l O GENERAL GUARANTY: Delete C8-8. I 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 material s or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to o ther work or property resulting therefrom which s hall a ppear w ithin a period of two (2 ) years from th e date of final acceptance of the work unless a longer period is specified and shall furnish a good 2nd s ufficient maintenance bond in th e am o unt o f 100 percent o f the a m o unt of the c 0 ntrac t Revised 10124 102 Pg. 4 which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of o bserved defects with reasonable promptness . Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7 , C2-2.8 and C2-2 .9 with the following: K. 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 WJTHDRA WING 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 propo sa l by tel egraphic 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 dul y 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 re ceived within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposa l C3-3.7 BONDS (CITY LET PROJECTS): Refere nce Pan C, General Conditions. dated November 1. 1987: (C ity kt projects) make the foli ovving revisions: Revised 10/24 /02 Pg . 5 L. 1. Page C3-3(3); the paragr a ph aft e r paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 2. Pg. C3-3(5) Paragraph C3-3.l l INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.l l 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 . l 4 RJGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directl y pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the C ity 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 wi th 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 subcont racts hereunder a provision to the effect that the su bcontractor agrees that the City s hall , until the ex piration of three (3) years after final payment under the subcontract , have access to and the right to examine and photocopy any directl y 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. Ci ty sh a ll give subcontractor reasonable advance notice of intended audits . ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City ag re es to re imburse th e C o ntra ctor for the cost o f copies as fo llows: Revised 10 /24 /02 Pg . 6 I. 50 copies and under -IO 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. IO work within easements, page C6-6(4), part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C -General Conditions, Section C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: I. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen . 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures . 0. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE : Reference Part C (General Conditions), Section C3-3 .2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Bu s iness 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 stateme nts; further, any such misrepresentation ( other than negligent misrepresentation) and/or commission of fraud will re s ult in the Contractor being determined to be irrespon s ible and barred from partic ipating in City work for a period of time of not Je s s than thee (3 ) years. Revised l 0/2 4 /0 2 P g . 7 P. "1¥trm"WA~'lsf~tfdJ'.QjJfi'3 -ofme.·aep~iaiJ~qn<iHicws;·t~ 9:~letf!i: and ·repfap~cl with tµ~ -r91!0Mrrg~ (<1);1¥f . ~t:·~;i¥m,ijr ~1it iffi~t¢%lpityt61f:~tlbd/w~'ichevei:is: l~_s s, an affidavit sqtj ~j~\ _. ,.:;~,;"\i ·;,,-. t.r~J~r ·,~;~<:lrripl{~(f~itl f ti(e reqµitemeiits ofChapte1 225 8,, Texas Goverriment€ode~ > . ·•. .~ ·.• > •. " ,.c..',.o..~ .. -,~ ,....JI._.,,: ........... The-contra-2tbrrsh&it post the -prevailing ~age 'rates ma conspicuous p1ace at the site of the projec:t '1t alltinies. Revised l 0/24 /0'.2 Pg. 8 PART "D" SPECIAL CONDITIONS fD-1 D-2 D -3 D -4 D-5 o~6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 0-29 0-30 0-31 0-32 0 -33 0-34 D-35 0-36 0 -37 0 -38 0 -39 D-40 0-41 0-42 D-43 D-44 0-45 D-46 D-47 D-48 0-49 D-50 0 -51 11 /29/04 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 tXISTING UTILITIES·AND IMPROVEMENTS .................................................................. 7 CONSTRUCTION TRAFFIC OVER PIPELINES ................................................................ 8 TRAFFIC CONTROL ......................................................................................................... 8 DETOURS .................................................................................................... .-.................... 9 EXAMINATION OF SITE ............................................................................................... 9 ZONING COMPLIANCE ................................................................................................. 9 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 ................................................................. 22 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 ..................................................................... 3 7 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ............................ 37 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ...................... 37 CONCRETE ENCASEMENT OF SEWER PIPE .......................................................... 38 C LA Y DAM .................................................................................................................... 38 EXPLORATORY EXCAVATION (D-HOLE ). . ........................................................... 38 SC-1 D-52 52 .1 5 2.2 52 .3 52.4 52 .5 52 .6 52.7 52.8 52 .9 52 .10 52 .11 52 .12 D-53 D-54 D-55 D-56 D-57 D-58 D-59 PART D -SPECIAL CONDITIONS INSTALLATION OF WATER FACILITIES .................................................................... 39 Polyvinyl Chloride (PVC) Wate r Pipe ........................................................................... 39 Blocking ....................................................................................................................... 39 Type of Casing Pipe ..................................................................................................... 39 Tie-lns .......................................................................................................................... 40 Connection of Existing Mains ....................................................................................... 40 Valve Cut-Ins ............................................................................................................... 40 Water Services ............................................................................................................ 40 2-lnch Temporary Service Line .................................................................................... 42 Purging and Sterilizat ion of Water Lines ...................................................................... 43 Work Near Pressure Plane Boundaries ....................................................................... 44 Water Sample Station ................................................................................................. .44 Ductile Iron and Gray Iron Fittings ............................................................................... .44 SPRINKLING FOR DUST CONTROL .......................................................................... 45 DEWATERING ............................................................................................................ 45 TRENCH EXCAVATION ON DEEP TRENCHES ......................................................... 45 TREE PRUNING .......................................................................................................... 45 TREE REMOVAL ......................................................................................................... 46 TEST HOLES ........................................................................................... , ................... 46 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ....................................................................................................... .47 TRAFFIC BUTTONS .................................................................................................... 47 SANITARY SEWER SERVICE CLEANOUTS .............................................................. 48 TEMPORARY PAVEMENT REPAIR ........................................................................... .48 CONSTRUCTION STAKES ......................................................................................... 48 EASEMENTS:A ND PERMtTS ...................................................................................... 48 PRE-CONSTRUCTION NEIGHBORHOOD MEETING ................................................ 49 WAGE RATES ............................................................................................................ 49 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ..................................... 51 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN· 1 ACRE) ............................................................................................................ 51 COORDINATION WITH THE CITY 'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS .................................................................................... 53 D-69 D-70 D-71 D-72 D-73 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................. 53 EARLY WARNING SYSTEM FOR CONSTRUCTION ..................................................... 54 A IR POLLUTION WATCH DAYS ..................................................................................... 54 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS .......................................... 55 11/29/04 SC -2 PART D -SPECIAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C1 - Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C -General Conditions and part C1 -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C -General Conditions and Part C1 -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: LAKE WORTH MAINTENANCE DREDGING PROJECT NO. 1-2006 FORT WORTH, TEXAS 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 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS 11/29/04 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 retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security , to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered . The Bidders must have the proposal actually delivered . Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager , City of Fort Worth Purchasing Division , PO Box 17027 , Fort Worth , Texas 76102 . B. WITHDRAWING PROPOSALS : Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager, and filed with him prior to the time set for the opening of proposals . After all proposals not requested for non- consideration are opened and publicly read aloud , the proposals for which non-consideration requests have been properly filed may , at the option of the Owner , be returned unopened . C . TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time , and provided further , that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight (48) hours after the proposal opening time , no further consideration will be given to the proposal. D-2 COORDINATION MEETING For coordination purposes , weekly meetings at the job site may be required to maintain the project on the desired schedule . The contractor shall be present at all meetings . 11 129/04 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 entity's employees providing services on a project, for the duration of the project. 2 . Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity . 3. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees . This includes , without limitation , independent contractors , subcontractors , leasing companies , motor carriers, owner operators , employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation , providing , hauling , or delivering equipment or materials , or providing labor, transportation , or other services related to a project. "Services" does not include activities unrelated to the project , such as food/beverage vendors , office supply deliveries , and delivery of portable toilets . B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) or all employees of the Contractor providing services on the project , for the duration of the project. C . The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project , the contractor must , prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended . E. The Contractor shall obtain from each person providing services on a project , and provide the governmental entity : 1. A certificate of coverage , prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons provid ing 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 cert ificate of coverage ends during the duration of the project . F. Th e contract or shall reta in all required certificates of co ve rage for t he durati on of the project and for one year thereafter. 1 112 9104 SC-5 PART D -SPECIAL CONDITIONS G . The contractor shall notify the governmental entity in writing by certified mail or personal delivery , w ithin ten (10) days after the contractor knew or should have known ,, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice , in the text , form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage . I. The contractor shall contractually require each person with whom it contracts to provide services on a project , to: 1 . Prov ide coverage , based on proper report ing on classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) for all of its employees provid ing services on the project , for the duration of the project ; 2 . Provide to the Contractor, prior to that person beg inning work on the project , a certificate of coverage showing that coverage is being provided for all employees of the person prov id ing services on the project , for the duration of the project ; 3 . Provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; 4 . Obtain from each other person with whom it contracts , and provide to the Contractor: a .) A certificate of coverage , prior to the other person beginning work on the project ; and b.) A new cert ificate of coverage showing extension of coverage , prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5 . Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6 . Not ify the governmental entity in wr iting by certified mail or personal del ivery , 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 provid ing services on the project ; and 7 . Contractually require each person with whom it contracts , to perform as requ i red by paragraphs ( 1 )-(7 ), with the certificates of coverage to be prov ided to the person for whom they are prov iding services . 8 . By signing this contract or providing or causing to be provided a cert ificate of coverage , the contractor is representing to the governmental ent ity that all employees of the contractor w ho will provide serv ices on the project w ill be covered by worker's compensation coverage for the duration of the project , that the coverage will be based o n prope r re po rting of cl ass ifi cat ion codes and payroll amo un t s , and t hat all coverage agreements wi ll be fi led w ith t he appropriate insurance c arrier or , in the case of a self- in s ured , w it h th e commi ssio n's Di v ision of Se lf-I ns ura nce Re gu lation. Pro v id in g fal se o r 11 /29/04 SC -6 PART D -SPECIAL CONDITIONS misleading information may subject the contractor to admin istrative , criminal , civil penalties or other civil act ions . 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 s ite 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 sat isfy 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 , w ithout any additional words or changes : "REQUIRED WORKER 'S COMPENSATION COVERAGE The law requires that each person working on this site or provid ing 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 whethe r your employer has prov ided 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 deact ivating 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 requ i red 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 serv ice lines shall be extra strength cast iron so il pipe with polyethylene wrapping . Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 w ith series 300 stainless steel compression straps . Backfill , fittings , tie-ins and all other associated appurtenances required are deemed subsidiary work , the cost of wh ich shall be included in the pr ice bid in the Proposal for each bid item. D-6 EXISTING UTILITIES AND IMPROVEMENTS Th e p lans show t he locat ions of all known surface and subsurface structures . However, the Owner assumes no respons ibil ity for failure to show any or all of these structures on the Plans , or t o s how t he m in t heir ex act loc at ion . It is m ut ually ag reed th at s uc h f ailure s ha ll not be 1 1/29/04 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 . Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans , at his own cost and expense . The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent , location, and depth ; they are shown on the plans as the best information available at the time of design , from the owners of the utilities involved and from evidences found on the ground . 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 nevv 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 . D -8 T RAFF IC CONTRO L 11129104 SC-8 PART D -SPECIAL CONDITIONS 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 Dev ices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes , pertinent sections being Section Nos . 27 , 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 871-8770, at the pre-construction conference . Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign , street name sign or other sign, which has been erected by the City . If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign . In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . Work shall not be performed on certain locations/streets during "peak traffic periods " as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas ." The cost of the traffic control is subsidiary work and the cost of same shall be included in the price bid for pipe complete in place as bid in the Proposal , and no other compensation will be allowed . D-9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions , which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties , procedures for protecting existing improvements and disposition of all materials to be removed . Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions , which may give , rise to later contingencies should be brought to the attention of the Owner prior to the subm iss ion of th e Prop osa l. D-11 Z ONING COMPLIANCE 11 /29/04 SC-9 PART D -SPECIAL CONDITIONS During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction . D-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include , but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed . No more than seven days shall elapse after completion of construction before the roadway, right- of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative . This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials , and in general preparing the site of the work in an orderly manner and appearance . The City of Fort Worth Department of Engineering shall give final acceptance of the completed project work . D-15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates , including sufficient time being allowed for cleanup. The Contractor shall not commence with water and/or sanitary sewer installation until such time that the survey cut-sheets have been received from the City inspector. D-16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures w ill be followed regarding t he subject item on this contract: 1 1129104 SC-10 PART D -SPECIAL CONDITIONS 1 . A warning sign not less than five inches by seven inches, painted yellow with black letters that are l~gible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels , drilling rigs, pile drivers, hoisting equipment or similar apparatus . The warning sign shall read as follows : "WARNING -UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." 2 . Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections . 3 . When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCORE) who will erect temporary mechanical barriers, de- energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCORE, and shall record action taken in each case . 4 . The Contractor is required to make arrangements with the ONCORE company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-17 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased . Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities . To the extent that C4-4 .3 conflicts with this provision , this provision controls . No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities . D-18 CUTTING OF CONCRETE When existing concrete is cut , such cuts shall be made with a concrete saw . All sawing shall be subsidiary to the unit cost of the respective item . D-19 PROJECT DESIGNATION SIGN Project s igns 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 : 11 /2 9/04 (817) 871-8306 M-F 7 :30 am to 4 :30 p .m. o r (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 subsidiary cost of the project and no additional compensation will be allowed . D-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where ma ins are required to be placed under existing sidewalks and/or driveways , such sidewalks and/or driveways shall be completely replaced for the full existing width , between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504 . At locations where mains are required to be placed under existing curb and gutter , such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502 . Payment for cutting , backfill, concrete, forming materials and all other associated appurtenances required, shall be included in the square yard price of the b id item for concrete sidewalk or driveway repair . D-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions . Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D-22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 -Materials and Division 2 Item 208 .3 -Materials Sources. Trench backfill and compaction shall meet the requirements of E2 -2 Excavation and Backfill, Construction Specifications , General Contract Documents . Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2 .16 Measure m ent of Backfill Materials , Construction Specifications , and General Contract Documents . D-23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repai r for Utility Cuts Figures 1 through 5 refer to using 2 :27 Concrete as base repair. Since this call- out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete . D-24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Tr ench excavation and backfill u nder parking lots , driveways . gravel surfaced roads , w ith in easements , and within existing or future R.O .W . shall be in accordance with Sections E1-2 Backfill and E2-2 Excava t ion and Backfill of t he General Cont ract 11/2 9/04 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 loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom . The expense of such remedial measures shall be entirely the Contractor's own . All trenching operations shall be confined to the width of permanent rights-of-way , permanent easements, and any temporary construction easements. All excavation shall be i n strict compliance with the Trench Safety Systems Special Condition of this document. 2 . TRENCH BACKFILL: Trenches which lie outs ide 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 testi ng laboratory and must include representative samples of soils in all involved areas , w ith a map showing the location and depth of the various test holes . If excavated material is obviously granular in nature , containing little or no plastic material , the Engineer may waive the test report requirement. See E1-2 .3 , Type "C" or "D" Backfill , and E2 -2 .11 Trench Backfill for additional requirements. When Type "C" back-fill material is not suitable , at the d i rection of the Eng i neer, 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 p ieces, lumps of clay , soil , loam or vegetable matter and shall meet the following gradation : • Less than 10% passing the #200 sieve • P .I. = 10 or less Additionally , the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following : Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 · 40-75 55-90 90-100 95-100 All other prov isions of this section shall remain the same . 3 . TRENCH COMPACTION : All t rench backfill shall be placed in l ifts per E2-2 .9 Backfil l. Trenches which lie outside ex isting or f uture pavements shall be compacted to a m in imum of 90% Standard Proctor Density (A.S .T .M . 0698) by mechan ical devices specifically des igned fo r compaction o r a combination of methods subject to approval by the Eng ineer. Trenches which lie under exist ing or future pavement sha ll be backfilled per Figure A w ith 95 % Sta ndard Proct or Dens ity by m ec ha ni cal devices s pecificall y d es ig ned fo r co mpa ctio n e r a co m b in ation of methods subject to approval by the Enginee r. Backfill material to be compacted a s des c r ibed a bove must be w it h in +-4 % of its o ptimum moisture co nt e nt. Th e top two (2 ) fe et of 1 112 910 4 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 beg inning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested . No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City . 4 . MEASUREMENT AND PAYMENT: All material , with the exception of Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe . Type "B " backfill shall be paid for at a pre-bid unit price of $15 .00 per cubic yard . D-25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in compos ition , 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 cond ition 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 locat ions 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 outs ide the trench wall nearest the center of the street to the gutter l ine . The pavement shall be replaced within a maximum of five (5) working days , provid ing job placement conditions will permit repaving . If pav ing 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 t he Contractor in conformance with Ordinance No . 3449 and/or Ordinance No . 792 to make ut ility c uts in t he st ree t. Th e Depa rtm en t of Engineering w ill inspect th e paving repair after construction . Th is permit requirement may be waived if work is bein g do ne u nder a Pe rfo rm ance Bond and inspec ted b y th e Departm e nt of Engineering. 1 112 9104 SC-14 PART D -SPECIAL CONDITIONS D-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins . The requirements of this item govern all trenches for mains , manholes, vaults , service lines, and all other appurtenances . The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas. The trench safety plan shall be spec ific for each water and/or sanitary sewer line included in the project. B. STANDARDS : The latest version of the U.S . Department of Labor, Occupational Safety and Health Administration Standards , 29 CFR Part 1926, Sub-Part P -Excavations , are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. C. DEFINITIONS : 1 . TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2 . BENCHING SYSTEM -Benching means excavating the sides of a trench to form one or a series of horizontal level or steps , usually with vertical or near-vertical surfaces between levels . 3. SLOPING SYSTEM -Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM -Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure . Shields can be permanent structures or can be designed to be portable and move along as the work progresses . Shields can be either pre-manufactured or job-built in accordance with OSHA standards . 5. SHORING SYSTEM -Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins . Shoring systems are generally comprised of cross -braces, vertical rails , (uprights), horizontal rails (wales) and/or sheeting . D. MEASUREMENT -Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation . The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT -Payment shall be full compensation for safety system design , labor, tools , materials , equipment and incidentals necessary for the installation and removal of trench safety systems . D-27 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement , and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans , and/or as described in these Specia l Con t ract Documents in addit ion to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E 1-1 4 Materials for San itary Sewer Ma nhol es . 11 /29104 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 b_e 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 a~I sanitary sewer manholes . Inserts shall be constructed in accordance with Fort Worth Water Department Standard E 100-4 and shall be fitted and installed according to the manufacturer's recommendations . Stainless Steel manhole inserts shall be required for all pipe diameters 18" and greater. 3 . LIFT HOLES : All lift holes shall be plugged with a pre-cast concrete plug . The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4 . FINAL RIM ELEVATIONS: Manhole rims in parkways , lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground . Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground . The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole . Manholes in open fields , unimproved land , or drainage courses shall be at an elevation shown on -the drawings or minimum of 6 inches above grade . 5 . MANHOLE COVERS : All lids shall have pick slots in lieu of pick holes . Manhole frames and covers shall be McKinley , Type N, with indented top design , or equal , with pick slots . Covers shall set flush with the rim of the frame and shall have no larger than 1 /8-inch gap between the frame and cover . Bearing surfaces shall be machine finished . Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans . Certain teed Ductile Iron Manhole Lids and Frames are acceptable for use where locking lids are specified . 6 . SHALLOW CONE MANHOLES : Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in 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 "Bitumast ic Super Service Black " Tnemec "46- 450 Heavy Tnemecol ," or equal to , a minimum or 14 mils dry film thickness . 11 /29/04 SC-16 PART D -SPECIAL CONDITIONS 9 . MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 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 Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength . The Joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. B. EXECUTION : 1 . INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above-specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt , sand, mud, or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations . The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench. After removal of 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. 11 12 9/04 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 . 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 r ings 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 s,o 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 m il 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 equ i pment and materials necessary for construct ion of new manhole , includ ing , but not limited to , excavation , backfill , disposal of materials , joint sealing , lift hole sealing and exterior surface coating . Payment shall not include pavement replacement , which if required , shall be paid separately . The price bid for adjusting and/or sealing of exist ing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole , including but not limited to , joint seal ing , 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 . D-28 SANITARY SEWER SERVICES Any reconnection , relocation , re -routes , replacement , or new sanitary sewer service shall be required as shown on the plans , and/or as described i n these Special Contact Documents in addit ion to those located in the fi eld and identified by the Engineer as act ive sewer taps . The service connect ions shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used , but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis . The Contractor shall be respons i ble for coordinating the scheduling of tapping crews with building owners and the Engineer in order t h at the work be performed in an ex ped it io us manner. A minimum of 24 hours advance noti ce s hall be gi ven when taps will be requ ired . Severed service connections shall be main t ained as speci fi ed in sect ion C6 -6 .15 . 1 1129104 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 cons ist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer . Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps . Payment for work such as backfill, saddles, tees , fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps . E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line , all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property , the City shall provide line and grade for the sewer service lines as shown on the project plans . Prior to installing the applicable sewer main or lateral and the necessary service lines , the Contractor shall verify (by de-holing at the building clean-out) the elevations (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main , in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied . Elevations shall also be ver ified 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 res idences (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 t h e in stalled serv ice line and submit signed documentation ver ifying 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 serv ice line . The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property . Furthermore , t he contractor shall utilize t he services of a licensed plumber for all service line work on pr ivate property . Permit (s) must be obtained 11 /2 9104 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 assoc iated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way. Payment for all work and material involving the "tap " shall be included in the price bid for sanitary sewer service taps . D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans , and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-2 .7 Removing Pipe, of the General Contract Documents and Specifications , unless amended or superseded by requ irements of this Special Condition . A. SALVAGE OF EXISTING WATER METER AND METER BOX : Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID : Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . C . SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The void shall be backfilled and compacted in accordance with backfiii 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 Sect ion 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 . 1112 9104 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 restoration shall be compatible with the existing surrounding grade . G. ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete . Manhole top or cone section shall be removed to the top of the full barrel diameter section , or to point not less than 18 inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface . Payment for work involved in backfilling , plugging of pipe(s) and all other appurtenances required , shall be included in the appropriate bid item -Abandon Existing Sewer Manhole. H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected . The complete manhole, including top or cone section , all full barrel diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill , as approved by the Engineer. Surface restoration shall be compatible with surrounding surface . I. CUTTING AND PLUGGING EXISTING MAINS : At various locations on this project , it may be required to cut , plug , and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines . Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe , unless separate trenching is required . J . REMOVAL OF EXISTING PIPE : Where removal of the existing pipe is required , it shall be the Contractor's responsibility to properly dispose of all removed pipe . All removed valves , fire hydrants and meter boxes shall be delivered to Water Department Field Operation , Storage Yard . C . PAYMENT: Payment for all work and material involved in salvaging , abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe , except as follows : separate payment will be made for removal of all fire hydrants, gate valves , 16 inch and larger, and sanitary sewer manholes , regardless of location . Payment will be made for salvaging , abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e ., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES : Where plans call for abandonment of existing sewer mains after the construction of a new sewer main , the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a 1112 9/04 SC-21 PART D -SPECIAL CONDITIONS final determination that all existing service connections have been relocated to the new main. Once this determ ination has been made, the existing main will be abandoned as indicated above in Item I. D-30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe . The detectable tape shall be "Detect Tape" manufactured by Allen Systems , Inc . or approved equal, and shall consist of a minimum thickness 0 .35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis , acids , chemical reagents and solvents found in the soii. 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 2Yi 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 minimum of 18 inches between the tape and the pipe . Payment for work such as backfill , bedding, blocking, detectable tapes , and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D-31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors . Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage . D-32 DISPOSAL OF SPOIL/FILL MATERIAL Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth 's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until' the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No . 10056). All disposal sites must be approved by the Adm inistrator to e nsure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies . No fill permit is required if disposal sites are not in a floodplain . Approval of the Contractor's disposal sites shall be evidenced by a letter s igned 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 t he Ordinances of the City and this section . D-33 MECHANICS AND MATERIALMEN'S LIEN 1112 9104 SC-22 PART D -SPECIAL CONDITIONS The Contractor shall be required to execute a release of mechanics and material men 's liens upon receipt of payment. D-34 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor :. has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal ", or "or approved equal " is used , it is understood that if a material , product , or piece of equipment bearing the name so used is furnished , it will be approvable , as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use , the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose . However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact , equal , and the Engineer, as the representative of the City , shall be the sole judge of the acceptability of substitutions . The provisions of this sub-section as related to "substitutions" shall be applicable to all sections of these specifications . D-35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction , ALL sections of existing sanitary sewer lines to be abandoned , removed (except where being replaced in the same location), or rehabilitated (pipe enlargement , cured-in-place pipe , fold and form pipe , slip-line , etc .), shall be cleaned , and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location . Work shall consist of furnishing all labor, material , and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation . The equipment shall also have a selection of two or more high-velocity nozzles . The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned . Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor . The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank , auxil iary engines , pumps , and hydraulically driven hose reel. Hydraulically Propelled Equipment s ha!! be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer . The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease . ff 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 utif ized to provide necessary flu id for hydraulic cleaning devices whenever possible . 2 . CLEANING PROCEDURES : The designated sewer man holes shall be cleaned using high-velocity jet equipment. The equipment shall be capable of removing dirt , grease , rocks , sand , and other materia ls and obstructions from the sewer lines and manholes . If cleaning of an entire section cannot be successfully performed from one manhole , the 11 129/04 SC-23 PART D -SPECIAL CONDITIONS equipment shall be set up on the other manhole and cleaning again attempted . If; again, successful cleaning cannot be performed or equipment fails to traverse the entire manhole section , it will be assumed that a major blockage exists , and the cleaning effort shall be abandoned . When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures , the water shall be conserved and not used unnecessarily . No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be respons ible 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 result ing from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City . 5 . UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES , CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES . 6 . TELEVISION INSPECTION EQUIPMENT : The television camera used for the inspection shall be one specifically designed and constructed for such inspection . Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe . The camera shall be operative in 100% humidity conditions . The camera , television 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 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 m inute . 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 . 1 1/29104 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 vi deotapes shall have a footage counter. Measurement for location of sewer service taps sha ll be above ground by means of meter device . Marking on the cable , or SC-24 PART D-SPECIAL CONDITIONS the like, which would require interpolation for depth of manhole, will not be allowed . Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape , or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Televis ion camera , under all circumstances , when it becomes lodged during inspection , shall be incidental to Television inspection . 2 . DOCUMENTATION : Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection . In addition, other points of significance such as locations of unusual conditions, roots , storm sewer connections , broken pipe , presence of scale and corrosion, and other discernible features will be recorded , and a copy of such records will be supplied to the City . 3 . PHOTOGRAPHS : Instant developing, 35 mm , or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4 . VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed . Video tape recording playback shall be at the same speed that it was recorded . The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days . Equipment shall be provided to the City by the Contractor for review of the tapes . The Engineer will return tapes to the Contractor upon completion of review . Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections , the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the City . If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also , no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera . THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS . Upon complet ion 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 complet ion 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 w ith tapes of a quality that the particula r p iece of sewer can be readily evaluated as to existing sewer conditions and for prov iding appropriate means for review of 11 /2 9104 SC-25 PART D -SPECIAL CONDITIONS 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. B . EXECUTION : 1 . TEST PROCEDURE : Manholes shall be vacuum tested prior to any interior grouting with all connections in place . Lift holes shall be plugged , and all drop-connections and gas sealing connections shall be installed prior to testing . 11 /2910 4 The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop-connections , gas sealing connections , etc . The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations . A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed , the level of vacuum shall be read after the required test time . The required test time shall be determined from the Table I below in accordance with ASTM C1244-93 : 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 . 24' 59 sec . 78 sec . SC-26 PART D -SPECIAL CONDITIONS 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 t ime . Any manhole , wh ich fails to pass the initial test , must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test , the manhole shall be restored to its normal condition , all temporary plugs shall be removed , all braces , equipment , and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C . PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material , labor, equipment , and all incidentals , including all bypass pumping , required to complete the test as specified herein . D-37 BYPASS PUMPING The Contractor shall bypass the sewage around the sect ion or sections of sewer to be rehabilitated and/or replaced . The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel w ithout interrupting flow in the bypass system . Under no circumstances will the Contractor be perm itted to discharge sewage into the trenches . Payment shall be incidental to rehabilitation or replacement of the sewer line. D-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction , ALL sections of sanitary sewer lines shall have a telev ision inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material , and equ ipment necessary for inspect ion of the sewer lines by means of closed circuit telev is ion . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be infl icted by the improper use of clean ing equ ipment . B. 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 operative in 100% hum idity condit ions . 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 , equ ipment sha ll be removed and no payment will be m ade fo r an unsat isfactory inspection . C . EXECUTION : 1 1/2 910 4 SC -27 PART D -SPECIAL CONDITIONS 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 . No more than 2000 linear feet of pipe will be telev ised at one time for review by the Eng ineer. When manually operated winches are used to pull the television camera through the line , telephones or other su itable means of communications shall be set up between the two manholes of the section being inspected to ensure good communicat ions between members of the crew . The importance of accurate distance measurements is emphasized. All televis ion inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Mark ing on the cable , or the like , which would require interpolat ion for depth of manhole , w ill 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 san itary 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 retriev ing the Television camera , under all circumstances , when it becomes lodged during inspection , shall be i ncidental to Television inspection . Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow . If sewer is active , flow must be restricted to provide a clear i mage of sewer being inspected . 2 . DOCUMENTATION : Television Inspection Logs : Pr inted location records shall be kept by the Contractor and will clearly show the locat ion in relation to an adjacent manhole of each sewer serv ice tap observed during inspection . All televis ion 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 ot her standard-size photographs of the te levision pictu re of p ro b lem s shall be ta ken by the Contract or upon re qu est of the Engineer , as long as such photographing does not interfere with the Contractor's operat ions . 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 . V ideo tape recording playback shall be at the same speed that it was recorded . The telev ision tapes shall be furnished to the City for review immed iately upon completion of the television inspection and may be retained a maximum of 30 calendar days . Equ ipment shall be provided to the City by the Contractor for review of the tapes . Tapes w ill be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased w ithout the perm iss ion of t he Enginee r. 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-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis . The quantity of TV inspection shall be measured as the total length of new pipe installed . All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection . The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents . All bypass pumping shall be incidental to the project. 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 City . The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D . Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested , and any work effort involved is deemed to be included in the unit pr ice for the item being tested . E . The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site . The ticket shall specify the name of the pit supplying the fill material. 11 129/04 SC-29 PART D -SPECIAL CONDITIONS D-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION : Th is item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes , dams , berms , sediment basins , fiber mats , jute netting , temporary seeding , straw mu lch , 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 erod ible-earth materia l 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 dra ins and use of temporary mulches , mats , seeding , or other control devices or methods directed by the Engineer as necessary to control soil erosion . Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will lim it the area of preparing right-of-way , clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capab ility and progress in keeping the finish grading , mulching , seed ing , and other such permanent pollution-control measures current in accordance with the accepted schedule . Should seasona l conditions make such limitations unrealistic, temporary soil -erosion-control measures shall be performed as directed by the Engineer. 2 . Waste or disposal areas and construct ion roads shall be located and constructed in a manner that will min imize the amount of sediment entering streams . 3 . Frequent fordings of live streams will not be perm itted ; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary . Unless otherwise approved in writing by the Engineer, mechanized equ i pment 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 barr ier to keep sediment from entering a flow ing st ream. Care shall be taken d u ring the construct ion and removal of such barr iers to minimize the muddying of a stream . 5 . All waterways shall be cleared as soon as practicable of false work , piling , debris or other obstructions placed during construction operations that are not a part of the finished work . 6 . The Contractor shall take sufficient precaut ions to prevent pollution of streams , lakes and reservoirs with fuels , o i ls , bitumen , calcium chloride or other harmful materials . He shall conduct and schedule his ope rations so as to avo id or min imize sil t ation of streams , lakes and reservoirs and to avoid interference with movement of m igratory fish . 11129/04 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 holidays . The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction . Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. 0-42 PROTECTION OF TREES, PLANTS ANO SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc ., shall be preserved or restored after completion of the work , to a condition equal to or better than existed prior to start of work . Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners ' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys . This permit can be obtained by calling the Forestry Office at 871-5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak W ilt 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 proj e ct. 0-43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one-tenth (0 .1) of a foot. D-44 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List , for the bid to be considered responsive . Products and processes listed in the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth minimum technical requirements . 11/29/04 SC-31 PART D -SPECIAL CONDITIONS D-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING Th is item shall be performed in accordance with the City of Fort Worth Parks and Commun it y Services Department Specifications for Topsoil , Sodding and Seeding . 1. TOPSOIL DESCRIPTION : This item w ill cons ist of furnishing and plac ing 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 . Topso il material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations , topsoil shall be placed on parkway areas so as to provide a minimum six (6) i nches of compacted depth of topsoil parkways. 2 . SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda , Buffalo or St. Augustine grass in the areas between the curbs and walks , on terraces , in median strips , on embankments or cut slopes , or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609 . MATERIALS : Sod shall consist of live and growing Bermuda , Buffalo or St. Augustine grass secured from sources where the soil is fertile . Sod to be placed during the dormant state of these grasses shall be alive and acceptable . Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native so il attached to the roots . St. Augustine grass sod shall have a healthy , virile root system of dense , th ickly matted roots throughout a one (1) inch minimum th ickness of native so il 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 wh ich m ight affect its subsistence o r hard iness when transplanted . Sod to be placed between curb and wa lk 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 excavat ing , 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 excavat ing . Sod material shall be planted within three days after it is excavated . CONSTRUCTION METHODS : Aft er 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 t he ty pe spec ifi ed s h all be pe rformed in ac cordance · w ith the requirements here in after described . Sodd ing sha ll be either "spot " or "block "; eithe r Berm uda , Buffalo or St . A ugustine g rass . 11 12 9104 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 equivalent depth and spacing may be used instead of furrows . The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression . Hand tamping may be requ ired 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 addit ional 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 d irected by the Engineer so that the completed surface will present a sightly appearance . The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the C ity of Fort Worth . 3. SEEDING DESCRIPTION : "Seeding " will consist of preparing ground , prov iding and planting seed or a mixture of seed of the k ind specified along and across such areas as may be des ignated on the Drawings and in accordance with these Specificat ions . MATERIALS : a . Genera l. All seed used must carry a Texas Test ing 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 w ithin nine (9) months of time of delivery to the project. Each var iety of seed shall be furnished and delivered in separate bags or containers . A sample of each variety of seed shall be furnished for analys is and test ing when d irected by the Engineer . 11129/04 The specified seed shall equal or exceed the following percentages of Pur ity and germ ination : Common Na me G ermi nat io n 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 Engineer so as to prevent washing of the slopes or dislodgment of the seed . b . Finishing . Where applicable , the shoulders , slopes , and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun . BROADCAST SEEDING : The seed or seed m ixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed . If the sowing of seed is by hand , rather than by mechanical methods , the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained . "Finishing" as specified in Section D-45 , Construction Methods , is not applicable since no seed bed preparation is required . DISCED SEEDING: Soi l over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed . The area shall then 11/29/04 SC-34 PART D -SPECIAL CONDITIONS be finished to li ne and grade as specified under "Fin ishing" 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 so il to a depth of approximately one-eight (1/8) inch . The planted area shall be rolled with a corrugated roller of the "Cultipacker" type . All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING : The soil over the area shown on the Drawings , or as directed to be seeded , shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Sect ion 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 t ime compact ing 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 appl ication 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 . Applicat ions of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard . It shall be applied t o the area in such a manner so that a complete film is obtained and the fin ished surface shall be comparatively smooth . RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES : A reas where temporary cool season species have been planted may be replanted beginning February 1 with warm season spec ies as list ed in Table 120.2 (2 )a . T he re-seeding w il l be ach ieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to i nsure that slit-seeding equipment will be able to cut t hrough the turf and ach ieve adequate soil penetration . * Slit-seeding , is achieved through the use of an implement which cuts a furrow (slit ) i n the soil and places the seed in the slit which is then pressed close w ith a cult packer wheel. 4 . HYDROMULCH SEEDING : If hydro mulch seeding is provided , seed mix shall have 95 % purity of Be r m uda grass a nd h ave a germination rate of 90 %. Contractor shall ensu re that the grass establis hes . 11/2 9/04 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 . MATERIALS : All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis . The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20-0 or 16-5-8 or having the analysis shown on the Drawings . The figures in the analysis represent the percent of nitrogen , phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists . In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration . Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS : When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work . Fertilizer shall be dry and in good physical condition . Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site . Measurement will be made only on topsoils secured from borrow sources . Acceptable material for "Seeding" will be measured by the linear foot , complete in place . Acceptable material for "Sodding" will be measured by the linear foot , complete in place. Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding . PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid 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 p rice 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 ali 11 12 9104 SC-36 PART D -SPECIAL CONDITIONS rolling and tamping ; for all watering ; for disposal of all surp lus 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 furn ished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified , as the case may be , which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows : Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding . D-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and ma intain a variable "CONFINED SPACE ENTRY PROGRAM " wh ich 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 subm it an acceptable "CONFINED SPACE ENTRY PROGRAM " for all applicable manholes and ma intain 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 c it y inspector in writing when the entire project or a des ignated 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 wr it ing when all the items have been completed or corrected . 10. Payment for substantial completion inspect ion as well as final inspect ion 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 inspect ion . 11 . Fina ! inspection shall be in confo rma nce with general condition item "CS -5 .18 Final Inspect ion " 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 min imize damage to tree limbs , tree trunks , and tree roots at each work s ite . All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installat ion except for short tunnel ing/tree augering . 2 . Any and all trees located with in the equipment operating area at each work s ite shall , at t he di rect ion of t he E ngi neer, be protect ed by erect ing a "snow fe nce " along the drip lin e or edge of the tree root system between tree and the c onstruction area . 1 1/2910 4 SC-37 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 operat ions . 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 cons ist of power augeri ng or hand excavation . The tunnel diamete r shall not be larger than 1-1 /2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted . D-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated . The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D-50 CLAY DAM Clay dam construction shall be performed i n accordance w ith the Wastewater Clay Dam Const r uction , figure in the Drawings in these Specifications , at locat ions indicated on the Drawings or as directed by the C ity . Clay dams shall be keyed into undisturbed soil to make an imperv ious 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 form ing , placing and finishing shall be subsidiary to the price bid for p ipe installation . D-51 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction , in accordance with item 0-6. At locations identified on the drawings , contractor shall conduct an exploratory excavation (0-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential confl ict 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 eleva ti ons of existing conflict i ng utilit ies) to the City prior to the start of construction of the entire project. If the contractor determines an existing ut ility is in conflict w ith th e p roposed fac ility , th e contractor sh all c ont ac t the eng ineer i m mediately for appropriate design modifications . 1 1/2 9104 SC-38 PART D -SPECIAL CONDITIONS The contractor shall make the necessary repatrs 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 approva l 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 0-6. 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 1112910 4 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 . 110 of the General Contract Documents . 3 . PAYMENT: Payment for all materials , iabor, equipment, excavatio n, co n crete g ro ut , backfill , and in cidental work shall be included in the unit price bid per foo t . SC-39 1 1/29104 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 responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins . And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 52.5 Connection of Existing Mains The Contractor shall determine the exact location , elevation , configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration , and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections , such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum . In case of shutting down an existing main, the Contractor shall notify the Manager, Construction Services , Phone 871-7813, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph CS-5 .15 INTERRUPTION OF SERVICE, 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, time, and schedule of the service interruption . The cost of removing any existing concrete blocking shall be included in the cost of connection . Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size . 52.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected . This may require closing valves in other li nes and putting consumers out of service for that period of time necessary to cut in the new valve ; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection . All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service . Payment for work such as backfill , bedding , fittings , blocking and all other associated appurtenants required , shall be included in the price of the appropriate bid items . 52. 7 Water Services The relocation , replacement , or reconnection of water services will be required as shown on 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 mater ials used shall be as specified in the Material Standards (E 1- 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 with 1- inch Type K copper , 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box . All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section CS-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 materials such as backfill, fittings, type K copper tubing , curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subs idiary 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 mete r. Only re locations 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 . 11 /2 9104 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 will be paid for as one service meter and meter box relocation . 4 . NEW SERVICE : When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings , and meter box . Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A-Reinforced Plastic Water Meter Boxes . Payment for all work and materials such as backfill , fittings , type K copper tubing , and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials . such as tap saddle , corporation stops , and fittings shall be included in the price bid for Service Taps to Mains . Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box . 1 . MULTIPLE SERVICE BRANCHES : When multiple service branches are required the contractor shall furnish approved factory manufactured branches . Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 2 . MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 52.8 2-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 w ithin 2 hours of discontinuance of service . 11 /29/04 A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitt ing shall be required at th e temporary serv ice point of c onnection to the City water supply . The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance t o t he 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 or replacement. Upon restoring permanent service , the Contractor shall re-install the meters at the correct location . The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points . When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location . Payment for work such as fittings , 3/4-inch service lines , asphalt , barricades , all service connections , removal of temporary services and all other associated appurtenants required , shall be included in the appropriate bid item . B . In order to accurately measure the amount of water used during construction , the Contractor will install a fire hydrant . meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible . At the pre -construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used . The inspector will deliver the hydrant meters to the locations . After installation , the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor . The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs . The issued meter is for this specific project and location only . Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor , at its cost , from the Water Department . 11 129/04 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 chlor ine . 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 'i 1129104 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 cross or may be in close proximity to an existing pressure plane boundary . Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 52.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station , concrete support block, curb stop, fittings , and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall .be included in the price bid for Water Sample Stations . PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle , gate valve , and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station , modification to the vault , fittings , and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications , Section E2-7 Installing Cast Iron Pipe , fittings , and Specials , Sub section E2-7 .11 Cast Iron Fittings: E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings , joint accessories , polyethylene wrapping , horizontal concrete blocking , vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed . All ductile-iron and gray-iron fittings , valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification 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 . D-53 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D-54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations . The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price . D-55 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation . No extra payment shall be allowed for this special condition . D-56 TREE PRUNING A REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees ". B. ROOT PRUNING EQUIPMENT 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 . SuNeyor'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 1 1129104 SC-45 PART D -SPECIAL CONDITIONS 7 . Survey and stake location of root pruning trenches as shown on drawings . 8 . Using the approved specified equipment , make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone . 9 . Backfill and compact the trench immediately after trenching . 10 . Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11 . Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity . Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation . 12 . Limit any grading work within conservation areas to 3-inch maximum cut or fill , with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods , equipment and protection . E . MULCHING : Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D-57 TREE REMOVAL Trees to be removed shall be removed using applicable methods , including stump and root ball removal , loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried . The Contractor shall immediately repair or replace any damage to utilities and private property including , but not limited to, water and sewer services, pavement , fences , walls , sprinkler system piping, etc ., at no CO$t to the Owner. All costs for tree removal , including temporary service costs , shall be cons idered subsidiary to the project contract price and no additional payment will be allowed . D-58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock , if any , through which this pipeline installation is to be made is the responsibility of any and all prospective bidders , and any bidder on this project shall submit his bid under this condition . Whether prospective bidders perform this subsurface exploration jointly or independently , and whether they make such determination by the use of test holes or other means , shall be left to the discretion of such prospective bidde rs. If test borings have been made and are provided for bidder's information , at the locations shown on the logs of borings in the appendix of this specification , it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same , either in character, location , or elevation , as shown on the boring logs . It shall be the responsibility of the bidder to make such subsurface investigations , as he deems necessary to determine the nature of the material to be excavated . The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected_ by the geology of the site . The cost of all rock removal and other associated appurtenances , if required , shall be included in the linear foot bid price of the pipe . 11/29104 SC-46 PART D -SPECIAL CONDITIONS D-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project , the contractor shall, on a block by block basis , prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows : The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the Contractor's letterhead and shall include the following information : Name of Project, DOE No ., Scope of Project (i.e . type of construction activity), actual construction duration within the block , the name of the contractor's foreman and his phone number, the name of the City 's inspector and his phone number and the City 's after-hours phone number. A sample of the 'pre-construction notification ' flyer is attached . The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition , a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block . In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction , the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows : The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption . The flyer shall be prepared on the contractor's letterhead and shall include the following information : Name of the project , DOE number , the date of the interruption of service , the period the interruption will take place , the name of the contractor's foreman and his phone number and the 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 perm itted 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 ) 87 1-8306 . All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made . D-60 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item . In the event that the contractor prefers for the Signals , Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings , the contractor shall contact SSMD at (817 ) 871-8770 and shall re imburse SSMD for all costs in curred , both labor and material. No addit ional compensation shall be made to the contractor fo r t his reimbursement. 11 /29104 SC-47 . PART D -SPECIAL CONDITIONS D-61 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced , the Contracto r shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways , streets , sidewalks , etc. whenever possible . When it is not possible , the cleanout stack and cap shall be cast iron . Payment for all work and materials necessary for the installat ion of the two-way service cleanout which are requ ired to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for San itary Sewer Service Cleanouts . D-62 TEMPORARY PAVEMENT REPAIR The Contractor shall prov ide a temporary pavement repa ir immed iately after trench backfill and compaction using a minimum of 2-i nches 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 rideabil ity on the street as well as prov ide a smooth trans ition 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 responsib le for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance respons ibility upon such mobilization . No additional compensation shall be made for maintaining the temporary pavement . D-63 CONSTRUCTION STAKES The City , through its Surveyor or agent , will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional pract ice , 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 furn ished unt il 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 C ity , have been lost , destroyed , or disturbed , to prevent the proper pr osec ution and contro i of the work contracted for in the Contract Documents , it shall be the Contractor's responsibility , at the Contractor's sole expense , to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted , and time will continue to be charged in accordance with the Contract Documents . D-64 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction , right-of-entry agreements , and/or perm its to perform work on private property . T he City has at tempted to obta in the temporary construct ion and /or r ig ht-of-entry agreeme nt s for properties where construction activity is necessary on City owned facil it ies , suc h as se wer line s o r 11/29104 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 responsib ility 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 constr~~~ion of this project. The Contractor shall be responsible for ~h6ro1.,19_bly.]~_yi~wjfjg,, ulicf$_rstandj_rittand complying with all provis ions of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during constructio.n in railroad/agency right-of-way . For railroad permits, any and all railioaci~i nsUrance ;costs :and -;a ny, dine r. incidentai.-00sf$ . , •. , . .• ¥.'' , ., · • ·.'" .•; ~;j.-··."'·~·r,;~r~o:~· "~'''-'"'..:.--¥. ·~;¥·6. ~:-->__..-1c\....,£:;-::<;'.' •f-."i··<>_-·-.~-"'···· ',,_:..'>-~:t.-~ .... ~~:~ :-1-:.: . .t,;~-J~-· ,· . ne~p ~~~J~· ~e.~t th t ~Rr.1,il~n.~ •. ~;~,C?fi~f~l~;~Jtj:;~e r r,:ii~{sf$$.WRlia,n~'..in.§lµ~,!f19;,~jru7,'Jt ,f Pr flagmen, shall be subs1<!11~ry to the· bid 1tem ·pnC'e·for boring under tlie railroad .· flSo ae.l(:fijional payment will be allow~'d, for this iteni. D-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule , including construction start date , and answer any construction related questions . Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. D-66 WAGE RATES Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates . The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), includ ing the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents . Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City , pay to the City $60 for each worker employed for each calendar day or part of th e day that t he wo rker is p aid less than t he prevailing wage rates stipulated in these contract 11 129/0 4 SC-49 PART D -SPECIAL CONDITIONS documents. This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258 .023 . Complaints of Violations and City Determination of Good Cause . On receipt of information , including a complaint by a worker, concerning an alleged violation of 2258 .023 , Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination , before the 31st day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation . Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code , including a penalty owed to the City or an affected worker , shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 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 arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained . The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work , maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection . Pay Estimates . With each partial payment estimate or payroll period , whichever is less , the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Subcontractor Compliance . The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. (Wage rates are attached at the end of this section .) (Attached ) 11 /29/04 SC-50 PART D -SPECIAL CONDITIONS D-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 11, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61 .150 . A NESHAP notification must be filed with the Texas Department of Health . The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste . The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled , pulverized or reduced to powder by hand pressures. C . The Generator of the hazardous material is responsible for the identification and proper handling, transportation , and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D . It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods , techniques and sequences to ensure this result. E . Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs , which are the responsibility of the Excavator . (Copy of forms attached) F . The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations , a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http ://www .tnrcc .state .tx .us/permitting/water perm/wwperm/construct . html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual ). This manual can 11 12 9/04 SC-51 PART D -SPECIAL CONDITIONS be obtained through the Internet at www.dfwstormwater.com/runoff.html. N-Ot all of the structural controls discussed in the BMP Manual will necessari ly apply to this project. Best Management Practices are construction management techniques that , if properly utilized , can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres , the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted -to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the requ i red $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 Act ivity, the contractor shall sign , prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requ irement of the permit. The NOT should be mailed to : Texas Commission on Environmental Quality Storm Water & General Perm it s Team ; MC-228 P .O . Box 13087 Austin , TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an eros ion control and toxi c waste management plan a n d a narrative defining s ite parameters and techniques to be employed to reduce the release of sediment and pollution from the construction s ite . Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three cop ies of the SWPPP after award of contract , along w ith unbounded copies of all forms to be submitted to the Texas Commission on Envi ronmental Qual ity. 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 requ ired fee . A SWPPP that meets all TCEQ requirements prepared by t he Eng i neer shall be prepared and implemented at least 48 hours before the commenceme nt of c onstruction act ivit ies . The SWPPP sha ll be incorpora t ed into in the contract documents . The contractor shall submit a schedu le for i mplementation of the SWPPP . Devi a ti ons from th e p la n 11/2 9/04 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 control soil erosion, sedimentation and water pollution and will be included in the contract documents . The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include , but not be limited to, silt fences , straw bale dikes, rock berms, diversion dikes, interceptor swales , sediment traps and basins, pipe slope drain , inlet protection, stabilized construction entrances , seeding, sodding , mulching, soil retention blankets, or other structural or non-structural storm water pollution controls . The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION : Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP . D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City 's representative . The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project , the Contractor must coordinate this activity through the appropriate City representative . The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law . In addition , the Contractor will assume all liabilities and responsibilities as a result of these actions . D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City , in sole discretion may require , including but not limited to manpower and equipment records , information about key personnel to be assigned to the project , and construction schedule , to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid w ithin the stipulated time f rame . 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 the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2 . The Project Manager and the Directors of the Department of Engineering , Water Department , and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3 . Any notice that may , in" the City's sole discretion , be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. · 4 . Upon receipt of the contractor's response, the appropriate City departments and directors will be notified . The Engineering Department's Public Information Officer will , if necessary , then forward updated notices to the interested individuals . 5 . If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract , the bond ing 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 THISTIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. 11 /29/04 SC-54 PART D -SPECIAL CONDITIONS The Texas Commission on Env ironmental 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 Pollut ion Watch Days and as such shall not begin work until 10 :00 a .m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions , or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a .m . - 6 :00 p.m., on a designated Air Pollution Watch Day , that day will be considered as a weather day and added onto the allowable weather days of a given month . D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS A fee for street use permits is in effect. In addition , a separate fee for re -inspections for parkway construction , such as driveways, sidewalks , etc ., will be required . The fees are as follows : 1. The street permit fee is $50 .00 per permit with payment due at the time of permit applicat ion . 2. A re-inspection fee of $25 .00 will be assessed when work for which an inspection called for is incomplete . Payment is due prior to the C ity performing re-inspection . Payment by the contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made . 11/29104 SC -55 PART D -SPECIAL CONDITIONS 11129/04 SC-56 Date: ____ _ DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON ---------BETWEENTHEHOURSOF _______ AND _____ ~ IF YOU HA VE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT -----------(CONT RAC TORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. ____________ AT __________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ------------' CONTRACTOR 11 /29/04 F 0 r ff I _ ~ 0 ti 5 tf D N e s H A p u tl H 0 L V I 0 I a ti 0 n ? CJ y E s G N PART D -SPECIAL CONDITIONS TEXAS DEPARTMENT OF HEAL TH m T D H NOiE: CIRCLE ITEMS THAT ARE AMENDED DEMOLITION/ RENOVATION NOTIFICATION FORM NOTIFICATION# _________ _ 1) Abatement C()Tltracwr. _____________ ~ _______ TDH License Number. _____ _ Address : City; Sta1e : ___ Z.lp: __ _ OrficePhone Number. ~~---------Job Site Phone Number: ______________ _ Site Supervisor; TD!i l ic$n&e Number.--------------Slte Supel'llis.or: TOH license Number.. _____________ _ Trained On-Site NESHAP lndMdual :. ______________ Certi1ication Date :. ______ ....._ DemoliUon Contractor: _____________ Offic.e Phon& Numbe .._..__ ________ _ Adcl.ress : City : Stete: ____ .Z-ip: ___ _ 2) Project Consul~nt CX" Operator:. ________________ TOH Licer.se Number.. _____ _ Mailing Addless: ____ ..,......,.... ___ -=------:::-=---:::-:----:-:---:---:--~:---------- Clty: State:. ____ .Zip: ____ Office Phone Number.--~--~--- 3} Facility Owner: _______________________________ _ Attention : ____________________________________ _ .Maiing Address·._ ____________ -:-:------::---.,,,.,..--.,..,.--,--,--,-------- City: State : Zip : . _ Ownef Phone Number{ } . -Not.: The Invoice for the notlficatron fee wlll be sent to the owner of the bulldl"i! anct tile billln9 addr.ss for the Invoice will obtained from tho ln'fotmation that is pf'Ollided In thi& r;ection. 4) De$Cr1ption or Facility Name:·------------------------------Physical Addres.s:_.....,.~ _________ County: City: Zip: ___ _ Facility Phone Numbe Faclity Con1act Person: _____________ ~ Descrlplion of Area/Room Number:·----------------------------Prior Use; _______________ Fulure use:. _________________ _ Age of Building/facility: SiZe : Number of Floors: School (K -12): C YES O NO 5) Type of Work: C Demolition .!J Renovation (Abatement) O Annual Consolidated Work will be during: C: Osy o Evening o Night :: Phased Project Description of work schedule:. _____________________________ _ 6} Is this a Public Building? CJ YES NESHAP-On1y Facility? D YES 0 NO Federal Facility? :::, YES ·= NO Industrial Site? 0 YES O NO 0 NO IS Building/Facility Occupied? '.J YES :1 NO 7) t-lotiftcatioo Type CHECK ONLY ONE J Original (10 Working Oayt;) : CanceUation c Amendment o EmergencyfOrdercd If th i s i s an amendment. which amendmen1 number is this?_ (Enclose oe>py of orlglnal andlor la.st amendment) H an emergency, who did you talk wittl at TOH'? Emergency#: ______ _ Date and Hour of Ernorgency (HHfM,..4/DDNY}: _______ _ Desc:riplion of the sudden, uoe11;pected event and expla.natt0n of how the event caused unsafe cond itions or Would c;.a;ust equipment damage {computets, machinery, etc _______________________ _ 8) Descripti on of procedures to be followed In lhe event that unexpected asbestos is found or pr ev'i0us ly non-trieole asbestois rrn!lerial oecomes aumblad. pulvarizad. or reduced to powder;---------------- 9) Was an Asbestos S\Jrvey performed? J YES !:2 NO Date : / f TOH Inspector License No: _____ _ Analytical Me1hcd : O PLM C iEM [ Assumed TOH Laboratory License No: ------ (For TAHPA (public buikJing) projecis: an assumption must be made by a TOH Licensed I nspector) 10) Description of plan:ied Clemolilion or renovation work, type of m~teriel, enc method(s) to be us.ea,_: ------- 11) Descripti on of work prac:ices and engirceerk1g con trols io be used to pf<::vent emis:sions of asbestos at me demoliticrurenovmion : _____ . __ ~------------------------- SC-58 11129/04 PART D -SPECIAL CONDITIONS 12) ALL appllcab&e Items in the follD'llirig table must be completed : IF NO ASBESTOS PRESENT CHECK HERE :, Approximate ~mount of Check unit of meaS\Jrement Asbestos-Containing Building Material ___ ........ AE> ___ b,..es .... -... tos ....... _____________ ..... -- Type Pipes Surface Area ' Ln Ln SQ Ft M Ft RACM to be removed RACM NOT removed Interior Cate I non-friable remo,'8d Exterior Ca o J non-friable removed Cat.ec:o I non-t,iable NOT remo..,ed Interior Cat · 11 non-ftiable removed Exterior Gate II non-friable removed Ca II non-friable NOT removed RACM Off-Facility Component 13) Waste Transporter Name: _________________ TOH License Number. _____ _ Address : ____________ City: ____________ State: ___ Zip: ___ _ Contact Pe~on ; Phone Number: .___.._ ________ _ 14) Wa&te Disposal Site Name=------------------------------- Address:._-:--,--------=,......------City: ----------State: ___ Zip: ___ _ Telephone: TNRCC Permit Number.-------- 15) For structurally unsoulld facllltles, attaeh a eopy of d~molilion order w,d identify Governmental OfficiEd below: Name: Registration No:-------------- Tille:--:----:---::---.,,....--,------- Da1e of order {MM/0Dl¥Y) / Date ocder to begin {MM!DOJYY) ----'-~-- 16) Sched\Jled Dates of .Asbestos Aootement (MMlDDIYY} Start: __ __,l _ __.1'---Complete: _ __,_ _ __,_ 17) Sch.eduled Daies Demolition/Renovation {MMIDD/YY) Start: / .I Complete:_~/--'-/ ___ _ .. Note: If the start dale on IJll5 noliticaiion c:in not bo mvt, thv TOH Re9i1mal or Local Program office Mu&t be contacted by phone prior to the &tart data. Failure U> do so is a vlotatJon l.n 3Ccc>td3nco ti> TAHPA, Sedlon 295.81. I hereby certify thst all information I have pro..,lded Is cotrcct. complete. and true to the best of my knowledge . I acknowledge that I am responslOle for all aspects of the nDtifica1ion form , in cludi ng, but not limiting, content and submission dates. The maximum penalty~ S10,000 per dey per ~lation. (Signaiu-re of Building Qy.nerl Operator or Deleg.,te<l Consultant/Contractor) MAJL TO: 'Faxes IITO not accepted' (Printed Na m e) {Date} ASB.ESTOS NOTIFICATION SECTION TOXIC SUBSTANCES CONTROL DNISION TEXAS DEPARTMENT OF HEAL TH PO BOX 143538 AUSTl N, TX 78714-J.538 Pli: 512-834-5600, 1-800-572-5548 (T elephooe) (Fax Numb<:t) Form APB:15, datecf 07/29/0 2. Repl8ces TOH form datoo 0'1113lu1 . For assfst,mce in completing iorm. call 1-800-572-5548 SC-59 PART "E" TECHNICAL SPECIFICATIONS SPECIFICATIONS (WATER DEPARTMENT) NOT INCLUDED HEREIN CITY OF FORT WORTH MATERIAL (E-1) AND CONSTRUCTION (E-2) SPECIFICATIONS LATEST REVISIONS SECTION 01012 MOBILIZATION -DEMOBILIZATION PART 1 -GENERAL 1.1 Scope A. Mobilization -Demobilization consists of moving in , including preparatory work and operations and moving out, including all dismantling and clean-up work and operations performed by the Contractor relating only to the dredge and related plant, staging areas around the lake and the portion of the discharge pipeline located in the lake. 1. Mobilization includes movement of all labor, equipment, supplies and incidentals to the project site; establishment of facilities necessary for work on the project; and other work and operations which must be performed or costs not directly attributable to other pay items, excl usive of bidding costs , which must be incurred by the Contractor before beginning and during the early stages of production work on the project site . Mobilization will not be considered complete until the dredge is in full time operation . 2 . Demobilization includes movement of all labor, equipment, supplies and incidentals from the dredging site and lake ; dismantling and removal of temporary facilities ; clean-up of the project s ite and all work areas ; and other work and operations which must be performed or costs not directly attributable to other pay items which must be incurred by the Contractor after all dredging operations have been completed . B . Lake Access -Certa in areas are available for access to the lake as shown on the plans : 02033 0 01 0 1. Available staging area -located on the north shore of the lake as shown on the Construction Plans . This area will be available for the duration of the project. The Contractor's field office shall be located at this area . Access to the lake shall be from th is area . END OF SECTION 01012-1 SECTION 01150 MEASUREMENT AND PAYMENT PART 1 -GENERAL 1.1 General A. The Proposal is a part of these contract documents , and lists each item of work for which payment will be made . No payment will be made for any items other than those listed in the proposal. B. Required items of work and incidentals necessary for the satisfactory completion of the project which are not specifically listed in the proposal and which are not specified in this section to be measured or to be included in one of the items listed in the proposal shall be considered as incidental to the specified work required under this contract , and all costs thereof including Contractor's overhead costs and profit , shall be considered as included in the prices bid for the various bid items . The Contractor shall prepare his bid accordingly . C . Work includes furnishing all plant, labor, equipment , tools , and materials , and performing all operations required to complete the work satisfactorily in place , as specified and as indicated on the drawings . D . Payment will be in accordance w ith Item C8-8 of the General Conditions . 1.2 Measurement and Payment A. Measurement and payment of each item of work included in the proposal will be as follows : 0203 30 010 1. Bid Item No . 1, "Mobilizat ion and Demobilization ", covers costs for mobilization and demobilization as specified in Section 01012 . Measurement will be lump sum . Payment for this item will be based on the following : a . Sixty (60) percent of the lump sum price upon completion of the Contractor's mobilization at the work site. b . The remaining forty (40 ) percent upon complet ion of demobilization . The Owner may require the Contractor to furnish cost data to justify this portion of the bid if the Owner believes that the lump sum price bid and percentages of this clause do not bear a reasonable relation to the cost of the work in th is contract. Failure to justify such a price to the satisfaction of the Owner will result in payment, as determined by the Owner, of: 1) Actual mobilization costs at completion of mobilization ; 2) Actual demobilization costs at completion of demobilization ; and 3) The remainder of this item in the final payment under this contract. 01150-1 02033 0 .010 4) The Owner's determination of the actual costs of mobilization and demobilization is final. The total cost paid by the Owner for mobilizat ion and demobilization will not exceed the amount bid for Bid Item 1. 2 . Bid Item No . 2 , "Dredging of Area 1 ", covers all work required to dredge material from Lake Worth in Area 1, including the operation of the dredge and associated equipment and the conveyance of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as specified in Paragraph B through E below. 3 . Bid Item No . 3 , "Construction Entrance", covers all work required to install and maintain a construction entrance at the location identified in the construct ion plans . The construction entrance shall be installed and mainta ined according to the construction plans . 4 . Bid Alternate No . 1A Bid Item No . 1A , "Dredging of Area 1A", covers all work required to dredge material from Lake Worth in Area 1A, including the operation of the d redge and associated equipment and the conveya nce of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as spec ified in Paragraph B through E below. 5 . Bid Alternate No . 1 B Bid Item No .1 B, "Dredging of Area 1A and 1 B", covers all work required to dredge material from Lake Worth in Area 1A and 1 B, includ i ng the operation of the dredge and associated equipment and the conveyance of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as specified in Paragraph B through E below. 6. Bid Alternate No . 2A Bid Item No. 2A, "Dredging of Area 2A", cove rs all work required to dredge material from Lake Worth in Area 2A, includ ing the operation of the dredge and associated equip ment and the conveyance of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as specified in Paragraph B through E below. 7 . Bid Alternate No . 28 Bid Item No . 28, "Dredging of Area 2A and 2B", covers all work required to dredge material from Lake Worth in Area 2A and 28 , including the operation of the dredge and associated equipment and the conveyance of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as spec ified in Paragraph B through E below. 01150-2 0203 30 .010 8 . Bid Alternate No . 2C Bid Item No . 2C , "Dredging of Areas 2A, 28 , and 2C ", covers all work required to dredge material from Lake Worth in Areas 2A , 28 and 2C , including the operation of the dredge and associated equipment and the conveyance of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as specified in Paragraph B through E below. 9 . Bid Alternate No . 3 Bid Item No . 3A , "Mobilization and Demobilization ", covers costs for mobilization and demobilization as specified in Section 01012 . Measurement will be lump sum . Payment for this item will be based on the following : a . Sixty (60) percent of the lump sum price upon completion of the Contractor's mobilization at the work site. b. The remain ing forty (40) percent upon completion of demobilization . The Owner may require the Contractor to furn ish cost data to justify this portion of the bid if the Owner believes that the lump sum price bid and percentages of this clause do not bear a reasonable relation to the cost of the work in this contract. Failure to justify such a price to the satisfaction of the Owner will result in payment , as determ ined by the Owner, of: 1) Actual mobilization costs at completion of mobilization ; 2) Actual demobilization costs at completion of demobilization ; and 3) The remainder of this item in the final payment under this contract. 4) The Owner's determination of the actual costs of mobilization and demobilization is final. The total cost paid by the Owner for mobilization and demobilization will not exceed the amount bid for Bid Item 3A. Bid Item No . 38 , "Dredg i ng of Area 3", covers all work required to dredge material from Lake Worth in Area 3 , including the operation of the dredge and associated equipment and the conveyance of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as specified in Paragraph B through E below. Bid Item No . 3C , "Construction Entrance ", covers all work required to install and maintain a construction entrance at the location identified in the construction plans . The construction entrance shall be installed and maintained according to the construction plans . The work w ill be measured and paid for as specified in Paragraph B through E below. Bid Item No . 30, "Grading ", covers all work to grade the dredged material from Area 3 to the lines and grades shown on the construction plans . The bid for this item shall include all work necessary to grade , compact , stabilize , vegetate and clean up the area to be graded . 01150-3 10 . Bid Item No . 4A, "Dredging of Areas 1A, 1 B, 2A, 28, 2C and 3", covers all work required to dredge material from Lake Worth in Areas 1A, 1 B , 2A , 28, 2C and 3 , including the operation of the dredge and associated equipment and the conveyance of the dredged material through the pipeline to the dredged material disposal site . The work will be measured and paid for as specified in Paragraph B through E below. B . The final quantity of material removed shall be calculated as the difference between the Before and After Dredging Surveys (see Paragraph C below). Payment will be for the actual amount of dredged material removed except as provided for in Paragraph D and E below. The quantity of material used for partial payments in the monthly estimate submitted by the Contractor will be determined using survey data provided by the Contractor along with the Before Dredging Survey conducted by the Owner. The Owner reserves the right to verify the quantity of material by conducting additional surveys . C . Acceptance , final quantities of material removed, and final payment will be based on Before and After Dredging Surveys made by the Owner . If the aggregate of the partial payment quantities exceed the final quantity computed by the Owner, the final quantity computed by the Owner will be used for final payment. The Owner w ill make Before and After Dredging Surveys only after the Contractor provides the following notices in writing: 1. Completion Notice : Upon completion of all dredging , the Contractor shall provide notice of completion to the Owner. Within twenty (20) calendar days , (weather permitting) after receipt by the Owner of the notice , an After Dredging Survey will be performed for the entire dredging area by the Owner. The Owner will perform the After Dredging Survey using an electronic sounding device . Generally , within twenty (20) calendar days after completion of the survey , copies of the plotted After Dredging Survey will be furnished to the Contractor. D . A tolerance of five-tenths (0 .5) of 1 foot above the specified grade will be allowed . Payment will be either for the actual amount of material removed within the allowed tolerance or the bid quantity whichever is less. E . The quantity of material used for partial payment percent in the monthly estimate submitted by the Contractor shall be determined using survey data provided by the Contractor. The Engineer shall be given 72 hours notice of any Contractor performed surveys so that the Engineer can monitor the surveying operation . Copies of the surveys shall be provided to the Engineer. In no instance will the quantity paid for exceed the quantity determined by the procedures specified in Paragraph D above . END OF SECTION 020 330 .010 01150-4 PART 1 -GENERAL 1.1 General SECTION 01300 SUBMITTALS This section covers the control and presentation of all submittals required for review or approval by the Owner. Additional requirements are included elsewhere in the Contract Documents . PART 2 -PRODUCTS Not applicable . PART 3 -EXECUTION 3 .1 General The approval or review of submittals shall not be construed as permitting any departure from the contract requirements and shall not relieve the Contractor of the responsibility for any errors including details, dimensions and materials . Five copies of all submittals will be required . Two copies will be returned to the Contractor. Each submittal shall be sent with a transmittal letter, containing: A. Date ; B. Project title and number; C . Contractor's name and address; D . Notification of deviations from Contract Documents ; and E . Other pertinent data . Drawings shall be prepared on sheets measuring 24 by 36 inches . The margin at the left end shall be 1 Yi inches wide and the others one-half inch wide . Each sheet shall have a title in the lower right-hand corner. The title shall include the sheet index data shown on the lower right-hand corner of the project plans , sheet numbering for the shop drawings , name of structure , name of Fabricator, Subcontractor and I or the name of the Contractor. Preparation and submission of drawings may be on 12 by 18-inch sheets , or full size drawings may be reduced to half-scale size , if they are completely clear and legible . 020330 010 01300-1 Design calculations shall be on 8 Yi by 11-inch sheets identified w ith a cover page and provided an index . The Contractor shall make submittals sufficiently in advance of construction requirements to permit no less than thirty (30) calendar days fo r checking and appropriate action by the Owner. Submittals shall be approved in writing by the Owner prior to releasing work for fabrication . 3 .2 Shop Drawings The Contractor shall prepare and submit detailed shop drawings and pertinent descriptions and data for all items to be incorporated into the work including , but not limited to , the discharge pipe li ne, booster pumps , dredges and associated plant. 3 .3 Product Data The Contractor shall submit manufacturer's product data , modified to delete information not applicable to the project and supplemented with additional information , as required . 3.4 Samples Samples shall be submitted to the Owner for inspection and testing as specified . 3 .5 Certificates and Reports Submit certificates and reports to demonstrate proof of compliance w ith requirements specified in the specifications. END OF SECTION 020330 0 10 0 1300-2 PART 1 -GENERAL 1.1 General SECTION 01310 COMMUNICATIONS The Contractor shall furnish and maintain for the duration of the project , a radio- telephone or other Owner approved communication system to provide continuous communication between the dredge(s), work boat(s), each booster pump station site , and each dredged material disposal site operator (assume there are two people). C-B radios are not allowed. Dredging operations shall not start until the communication system is fully operational to the satisfaction of the Owner. The operator of the dredged material disposal site shall be provided with a communication device compatible with the Contractor's communication system . The Contractor's Superintendent shall have a cellular telephone provided by the Contractor. The phone shall be used for communication between the Contractor's on-site Superintendent and the Owner. PART 2 -PRODUCTS Not applicable . PART 3 -EXECUTION Not applicable . 020330 010 END OF SECTION 01310-1 PART 1 -GENERAL 1.1 General : SECTION 01330 SPECIAL PROJECT SIGNS This section covers special signage required in the vicinity of the dredge and along the discharge pipeline . This requirement is in addition to signage requirements specified elsewhere in the Contract Documents . PART 2-PRODUCTS 2 .1 Sign Materials Special project signs shall be fabricated using % -inch Douglas Fir , Exterior Marine- Grade, HDO plywood. Sign faces shall be painted using a reflective base paint and 6-inch black letters to assure visibility under minimum lighting and adverse weather conditions and be readable at a minimum distance of 1,000 feet. PART 3 -EXECUTION 3.1 It shall be the responsibility of the Contractor to furnish and install temporary signs in the vicinity of the dredging operation and along the discharge pipeline as shown in Table 01330-1 . The signs shall be approved by the Owner prior to deployment. 3.2 The signs shall be positioned in such a manner as not to be a hazard to navigation or access along the construction area. The signs shall be maintained throughout the life of the project and thence removed immediately upon completion of the project. 982194 010 01330-1 Table 01330-1 Special Project Signs Sign Type Locations Approximate No. Required 1 . Lake Pipeline At 500-foot intervals along all 6 floating pipelines 2 . Dredge Working Around perimeter of area 4 being dredged 3 . Machinery Operating At each booster pump station Equal to number of booster site pump stations. 982194010 0 133 0-2 I· 4' ·I I· 4 ' ·I DANGER WARNING · HIGH PRESSURE 4 ' DREDGE WORKING DREDGE LINE IN LAKE STAY CLEAR STAY CLEAR 1. Lake Pipeline I· 2. Dredge Working 4' ·I DANGER STAY CLEAR of all MACHINERY 3 . Machinery Operating END OF SECTION 01330-3 4 ' NOTE: Use White Background with Red Lettering SECTION 01402 ENVIRONMENTAL PROTECTION PART 1 -GENERAL 1.1 General : This section covers environmental protection for Lake Worth, the discharge pipeline route , and the sediment disposal site . The provisions of this section are in addition to provisions included elsewhere in the Contract Documents. PART 2 -PRODUCTS Not applicable . PART 3 -EXECUTION 3 .1 Contami nation of Water The Contractor shall not pollute Lake Worth or other waterways with paints , fuels , oils , bitumens , calcium chloride , insecticides , herb icides , or other materials harmful to fish or wildlife . It is the respons i bil ity of the Contractor to investigate and comply with all applicable Federal , State , and County and Municipal laws concerning pollution of lakes , rivers , and streams and health protection of fish and domestic animals . 3 .2 Disposal of Materials The method and location of disposal of materials , wastes , effluents , trash , garbage, o il, grease, chem icals , etc ., shall be such that harmful agents will not contaminate surrounding waters and shall be subject to approval by t he Owner. 3.3 Oil Spill Prevention A. B . 02 033 0 .010 The Contractor will prevent oil or other hazardous substances from entering the ground , dra i nage , or local bodies of water by providing containment, diversionary structures , or equipment to prevent d ischarged oi l from reaching a watercourse . The Contractor will take immediate action to contain and clean up any spill of o ily substances , petroleum products , or hazardous substances , and immediately report such spills to the Owner. All o il and fuel storage tank installation shall be performed so that a secondary means of containment is provided for the entire contents of the largest single tank . Dikes and other structures shall be imperv ious to spilled oil to prevent infiltration into the ground . Mobile o r portable oil and fuel storage tanks shall be pos itioned or located so as to provide a secondary containment identical to that requi red for non-mobile storage tanks . Storage tanks shall be located where they 01402 -1 will not be subject to flooding or washout. If the Contractor considers the installation of containment structures to be impracticable, a clear demonstration of such impracticability shall be submitted to the Owner for approval prior to installation or use of the storage tank . C . A written certification of commitment of labor, equipment, and materials required to expeditiously control and remove any discharged oil shall be provided . D. The Contractor shall maintain all constructed facilities and portable pollution control devices for the duration of the contract or for the length of time construction activities create or include the particular pollutant on the project site. 3.4 Vegetation Removal The preservation of existing trees and other vegetation outside the work area is of great importance. The Contractor shall restrict all construction activities to the work area shown on the plans. No trees shall be removed from the work area or other areas without written permission from the Owner. All other vegetation within the work area may be removed by the Contractor without written approval of the Owner. There will be no penalties assessed for trees removed with written permission of the Owner. Penalties for tree damage when written permission is not obtained will be assessed as outlined herein . A. Definition of Tree Damage Tree damage for purposes of this contract is defined as any damage to trees such as bruising , scarring , tearing , or breaking of stems or branches . The Contractor will be assessed damage as oulline herein . B . Measurement and Valuation of Damage 020330 010 The amount of circumference damaged at one or a combination of points along the stem and I or limbs will be determined by measurement at the wound around the trunk or limb involved. The percentage of the circumference damaged will be multiplied by the appropriate value for the size of tree involved, as given in the following table, to determine the amount of penalty . Long narrow vertical wounds over one (1) foot long will be measured every foot along the trunk to determine the total percentage of damage. 1. 2 . Tree Diameter at Breast Height Up to 5" Inclusive 6" and Larger Value Assigned Per Inch of Diameter $ 150.00 $1 ,000 .00 Trees less than breast height (4 .5 feet) will be calipered six inches above ground . The Owner reserves the right to use nursery replacement costs as a basis of valuation for trees up to five inches in diameter. The total amount of such penalties shall be deducted from the final payment to the Contractor. All damaged or destroyed trees will remain the 01402-2 property of the Owner. C . Tree Surgery Requirements 020330.010 All trees which have been damaged shall be repaired by a qualified tree surgeon to be hired at the Contractor's expense. The tree surgeon employed shall be subject to approval by the Owner. Repair shall include shaping of wounds, removal of badly damaged limbs and sealing of all wounds and cuts with approved tree dressing . END OF SECTION 01402-3 SECTION 02228 DREDGING OPERATIONS PART 1 -GENERAL 1.1 General This technical provision covers work required to dredge material from Lake Worth in accordance with the plans and specifications . Movement of the dredge plant as required to perform the dredging operation and the repositioning of pipelines and attendant plant to facilitate proper dredge operations are also included . Dredge plant includes all equipment used to accomplish the dredging work including , but not limited to , dredges, derrick barges , pipe barges, quarterboats , and tenders. Additional requirements are included on the plans and elsewhere in these specifications . 1.2 Character of Materials to be Dredged The materials to be removed to restore the lake to the limits shown on the plans have accumulated in the lake primarily as a result of eroded material which is carried to the lake by creeks and other tributaries to the lake. The material is believed to primarily consist of silts , clay , and sand with some timber, trash and other debris. Limited geotechnical field tests and laboratory testes were performed on soil samples from Lake Worth. The results of the tests are included with these Contract Documents as Appendix A. The Contractor shall examine the areas to be dredged and determine for himself the character of the materials . PART 2-PRODUCTS Not applicable PART 3 -EXECUTION 3.1 Plant A. 02033 0 .010 The Contractor agrees to keep on the job sufficient plant to meet the requirements of the work . The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work as set forth in the specifications and the plant shall be subject to inspection by the Owner at all times . The plant listed in the Work Plan submitted by the Contractor is the minimum which the Contractor agrees to place on the job unless otherwise determined by the Owner, and its listing thereon is not to be construed as an agreement on the part of the Owner that it is adequate for the performance of the work. No reduction in the capacity of the plant employed on the work shall be make except by written permission of the Owner. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply . 02228-1 B. In the event of coll ision , fire , major breakdown or any other action preventing continuation of dredging operations for a period of more than 48 hours which is anticipated to continue for a period of 30 days or more , additional dredging plant shall be delivered. In the event the additional plant is not delivered and placed in operation within the allowable 30 days , the contract may be terminated at the discretion of the Owner. 3 .2 Disposal of Dredge Materials All materials moved by dredging shall be disposed of in the dredged material disposal site shown on the plans . No other disposal site will be allowed . Any material , including material lost through leaks in the discharge line , that is deposited or allowed to flow elsewhere than to the designated disposal site , will not be paid for and the Contractor will be required to remove such misplaced material and deposit it at the designated disposal site . 3.3 Communications The Contractor shall provide communication equipment as provided for in Section 01310. 3.4 Noise Attenuation All dredge engines shall be equipped with exhaust silencers . Silencers shall be Maxim Model M51 or Owner approved equivalent and shall be of complete double-walled , all welded construction and suitable for mounting in any position . 3 .5 Debris Disposal A. All debris encountered during the dredging process (i.e ., sheet metal , cable , rope , etc .) shall become the property of the Contractor. The Contractor will be responsible for removing and disposing of debris off-site in any state permitted landfill as selected by the Contractor. B. Should the Contractor, during the progress of the work , lose , dump , throw overboard , sink , or misplace any plant , machinery , or appliance, the Contractor shall recover and remove the same immediately. 3 .6 Existing Structures The Contractor shall exercise appropriate care when dredging adjacent to or in the vicinity of existing structures including existing boat docks in the lake . Any damage to existing structures caused by impact from the dredge , pipe , or other plant or by dredging in excess of the limits shown on the plans , shall be repaired to the satisfaction of the Owner at no cost to the Owner or to the owners of the structure . 3.7 Compliance with Applicable Navigation Rules and Regulations , Marine Equipment The Contractor shall ascertain that all vessels utilized in project operations consequent to this project are commanded , equipped , navigated and/or operated so as to be in strict compliance with the general regulations of the Coast Guard , including applicable section , 020330 01 0 02228-2 safety, environmental and navigational rules and regulations of the code of Federal Registration (CFR), parts 33 and 46. All vessels shall have lighting that is clearly visible all around the horizon and visible for at least one mile on a clear, dark night. 3.8 Contract Time 020330010 By submission of a bid for this work, the Contractor shall evidence and warrant that he is capable and in agreement with performing this work , including Bid Alternates, within the number of calendar days and time constraints shown in the following table : Bid Items Total Contract Time Awarded (Calendar Davs) Base Bid 120 Base Bid+ Alternate 1A 120 Base Bid + Alternate 1 B 120 Base Bid + Alternate 1 B & 2A 120 Base Bid + Alternate 1 B & 28 120 Base Bid + Alternate 1 B & 2C 120 Base Bid + Alternate 3 120 Bid Alternate No. 4 To be accomplished with Base Bid if awarded Bid Alternate No. 5 To be accomplished with Base Bid if awarded END OF SECTION 02228-3 SECTION 02601 DISCHARGE PIPELINE AND BOOSTER PUMP STATIONS PART 1 -GENERAL 1.1 General This section covers work related to the installation and operation of the discharge pipeline, booster pump stations and associated plant and equipment required to convey the dredge material from the dredge on Lake Worth to the dredged material disposal site . This work shall be consistent with the details presented by the Contractor in the Work Plan . Additional requirements are included in the plans and elsewhere in these specifications . PART 2 -PRODUCTS 2 .1 Pipe and Fittings A. Pipe and fittings shall be steel or high density polyethylene . B. All pipe shall be designed in accordance with manufacturer's recommendations and in accordance with standards established by ASTM, AWWA, etc., as approved by the Owner. 2 .2 Booster Pumps and Motors The Contractor shall provide booster pumps , drives, and other equipment suitable to pump the dredged material. The drives may be either electric or diesel unless otherwise shown on the plans . PART 3 -EXECUTION 3.1 Booster Pump Stations A. Locations and Number The Contractor shall be responsible for determining the number of booster pump stations for his operations and the location of each station . B . Power and Other Utilities 020330 010 The Contractor shall be responsible for securing and paying for all power , water, telephone and other utilities required for each booster pump station site . All utilities shall be installed and operated in accordance with all local , state and Federal requirements . 02601-1 C . Noise Attenuation All booster pump engines shall be equipped with an exhaust silencer. The silencers shall be Maxim Model M51 or Owner approved equivalent and shall be of complete double-walled , all welded construction and suitable for mounting in any position . D . Fuel Storage Fuel storage at each booster pump station site shall meet all local , state and Federal regulations . E. Operation 1. No discharge of water or other fluids will be permitted outside of the construction areas. 2. The Contractor shall inspect each booster pump station at least once per day. All problems are to be reported to the Owner within four (4) hours and repaired immed iately . Any damage from the leaks shall be repaired at the Contractor's expense. If the problem includes leakage of water or other fluids , the Owner may require that dredg ing operations be shut down until repairs have been made to the satisfaction of the Owner. 3.2 Discharge Pipeline A. Installation The Contractor shall install and maintain the pipeline within the construction areas and public rights-of-way as shown on the plans. The pipeline may be floated on the water unless otherwise shown on the plans . The pipeline shall be watertight so that no water from the dredging operation leaks from the pipe into the lake, streams or other waterways . B. Testing Before dredging operations beg in , all new or used pipe shall be inspected by the Owner and be leak tested by the Contractor by operating the dredge , booster stations and pipeline at the design flow rate continuously for one hour or for sufficient time for the Owner to inspect the line for leaks , whichever is longer. A ll leaks shall be stopped . C . Stream Crossings The pipeline shall not impede drainage or runoff. Where shown on the plans , the pipeline shall be submerged and laid on the bottom of the lake . D. Ope ration 1. 020330 .010 No discharge of water or other fluids will be permitted outside the construction area . 02601-2 2. The Contractor shall be responsible for surveillance of the pipeline and appurtances . The Contractor shall inspect the entire pipeline and other appurtances at least once per day. Normally submerged pipe shall be inspected once per week . All pipeline leaks or other problems are to be reported to the Owner within four (4) hours and repaired immediately. Any damage from the leaks shall be repaired at the Contractor's expense. If the problem includes leakage of water or other fluids , the Owner may require that dredging operations be shut down until repairs have been made to the satisfaction of the Owner . E. Submerged and Floating Pipeline 1. Submerged Pipeline : In the event the Contractor elects to submerge his pipeline, or the plans require the pipeline to be submerged , the pipeline shall rest on the bottom of the waterway or lake and the top of the submerged pipeline shall be a minimum of four (4) feet below the normal water level. Any anchor securing the submerged pipeline within the lake shall be no higher than four (4) feet below the current lake level. Should the Contractor elect to use a pipeline material which is buoyant or semi-buoyant, the Contractor shall securely anchor the pipeline to prevent the pipeline from lifting off the bottom under any conditions . The Contractor shall inspect the submerged pipeline to ensure buoyancy has not loosened the anchors . The Contractor shall remove all anchors when the submerged pipeline is removed. 2. Floating Pipeline Should the Contractor's pipeline not rest on the bottom , or the top of the pipeline and anchors are less than four (4) feet below the current lake level, it will be considered a floating pipeline and shall be visible on the surface and clearly marked. In no case will the Contractor's pipeline be allowed to fluctuate between the surface and the bottom , or lie partly submerged. Lights shall be installed on the floating pipeline as required elsewhere in these specifications . F. Safety Lighting Floating or submerged pipelines in the lake shall display one row of yellow lights meeting the following requirements : 1. flashing 50 to 70 times per minute, 2. visible all around the horizon , 3. visible for at least one ( 1) mile on a clear dark night , 4 . not less than three (3) feet nor more than ten ( 10) feet above the water, 5. approximately, equally spaced, and 6. not more than thirty (30) feet apart . G. Grading in Construction Easement 020330 010 No grading is allowed within the construction or staging areas unless otherwise shown on the plans . Removal of vegetation within the construction areas will be allowed as prov ided for in Section 01402. 02601-3 3 .3 Pipeline and Booster Pump Station Removal Upon completion of dredging operations to the satisfaction of the Owner, the Contractor shall remove and dispose of offsite , all pipe , fitting , valves , booster pump stations , temporary fill, gates, and all other facilities installed a long the pipeline route by the Contractor. Additional requirements for final cleanup are included elsewhere in the Contract Documents. 3.4 Debris Cleanup The Contractor shall, within 48 hours of a rainfall event, remove and dispose of off-site any debris which accumulates along the pipe due to the proximity of the pipeline and/or booster stations . 3.5 Access All access to the booster pump stations, discharge pipeline , and other facilities required to complete this project, shall be along the construction areas shown on the plans and public streets and rights-of-way . The Contractor may obtain add itional points of ingress, egress or staging areas from property owners . The Contr actor shall obtain a signed letter of permission to use said property from each affected property owner. Copies of the signed letters of permiss ion shall be provided to the Owner prior to using said property . END OF SECTION 020330 010 02601 -4 SECTION E1 -MATERIAL SPECIFICATIONS AND SECTION E2 -CONSTRUCTION SPECIFICATIONS E E1-2 E2-2.11 SECTION E1 -MATERIAL SPECIFICATIONS SECTION E2-CONSTRUCTION SPECIFICATIONS JANUARY 1, 1978 (REVISED 1/20/88) TABLE OF CONTENTS Section E Specifications Backfill Trench Backfill E(1) E1-2(1) E2-2(1) 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 Department General contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copied verbatim herein , and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth . INDEX E1 MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS E1-2 BACKFILL SECTION E1 -MATERIAL SPECIFICATIONS MATERIAL STANDARD E1-2 JANUARY 1, 1978 (APRIL 20, 1981) E1-2.4 BACKFILL: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. values as follows :) c . Additional backfill requirements were approved for use in streets: (1) Type B Backfill (a) 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. SECTION E2-CONSTRUCTION SPECIFICATIONS CONSTRUCTION STANDARD E2-2 .11 JANUARY 1, 1978 (APRIL 20, 1981) E2-2.11 TRENCH BACKFILL: (Correct minimum compaction requirement wherever it appears in this section to 95% Proctor density except for Paragraph a.1. where the "95% modified Proctor density" shall remain unchanged). CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No. and City of Fort Worth Project No. J-~ool, STATE OF TEXAS § § COUNTY OF TARRANT § CONTRACTOR De EOG~-'-"T'ec.~ (..c, c-:re1 ';J:',-1<-. By<ZJ12?-::- Name: ~~£ft'! Q~ -------------'---- Title: V. P · ------------- Date: 5:° ---{ o -o ::f- ------------- ~ ~ BEFORE ME, the undersigned authority, on this day personally appeared 6.d,~e ~ . known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of D ~E.D b:r'N <o 'l"el..i..1.ve1Lv <::,'3;'1::. .£ :f:'Nc., for the purposes and consideration therein expressed and in the capacity therein stated. Page I Of I PART "F" BONDS AND INSURANCE CERTICATE OF INSURANCE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND -1 ·MAY. 2. 200 7 4:33PM i !NSURORS 254-75 0-812 2 NO. 113 Insurors IndeIDnity Company FAX AUTHORIZATION TO: Darleen Madden FAX: 972-233 .. 9769 AGENCY: Glenn -Madden & Associates FROM: Sam Allison DATE: Wednesday, May 02 , 2007 SUBJECT: Dredging Technologies, Inc. Number of Pages Including Cover Memo -1 Message: You may execute a Payment & Performance Bond in the amount of Two Hundred Seveny Eight Thousand Four Hundred Thirty Four and 55/100 dollars ($278,434.55), for Lake Worth Maintenance Dredging Project No , 1-2006, in which the City of Fort Worth, Texas is the Obligee, by attaching to the Bond your Power of Attorney and this Fax Authorization as set forth in Section F of your Power of Attorney. L Sam Allison ' Vice President Insurors Indemnity Company P.O . Box 2683 • 3701 W. Waco Drive• Waco, Texas 76702-2683 Phone (254) 759-3726 + Fax (240) 414-5500 P. 1 THE STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS: That we, (1) Dredging Technologies, Inc. BOND No. 610376 as Principal herein, and (2) Insurors Indmenity Company a corporation organized under the Jaws of the State of (3) Texas , and who is authorized to issue surety bonds in the State ofTexas, 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 Hundred Seventy Eight Thousand Four Hundred Thirty Four5jj,6])i'ars($278.434.SS) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns , jointly and severally, firmly by these presents . WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 3rd day of May , 20QZ_, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of LAKE WORTH MAINTENANCE DREDGING PROJECT N0.1-2006 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 full y 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 . F-1 IN WITNESS WHEREOF, the duly authorized representati ves of the Principal and the Surety have executed this instrument. SIGNED and SEALED this _3_rd ___ day of_M_a~y _______ , 2o_Q_?__. ATTEST: ~l/J\J (Principal) Secretary (SEAL) .. JA~~ Witness as to Principal ATTEST: Secretary (SE AL) Witness as to Surety NOTE: (]) (2) (3) Correct name of Principal (Contractor). Correct name of Surety . State of incorporation of Surety Dredging Technologies, Inc. PRINCIPAL By:~lJJ\DJ Name: Y~J"\ W ' '14.--© Title: V. p, ),.~-f!..l_,,-t-, Address: 3505 Walden Trail Arlington, TX 76016 Insurors Indemnity Company SURETY I I bl-- By:~lU.r~ M ~ Name: _T_._D_a_r_l_e_e_n_M_a_d_d_en __ _ Attorney in Fact Address: 13601 Preston Road /fl 06E Dallas, TX 75240 Telephone Number: (972) 233-9761 Telephone number of surety must be stated. In addition , an original cop y 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. F-2 THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: PAYMENT BOND § § § That we, (1) Dredging Technologies, Inc. Principal herein, and (2) Insurors Indmenity Company BOND No. 610376 as a corporation organized and existing under the laws of the State of (3) Texas , as surety, are held and finnly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Hundred Seventy Eight Thousand Four Hundred Thirty Four and 55/~lJars ($ 278,434e,55 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs , executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 3rd day of May , 2o___Q?, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: LAKE WORTH MAINTENANCE DREDGING PROJECT N0 .1-2006 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. F-3 IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this _3_r_d __ day of_M_a----'-y ______ , 20_Ql_. ATTEST: CJUrvuJ (Principal) Secretary (SE AL) ..Jo{IMY!,A ~ Witness as to Principal ATTEST: Secretary (SE AL) Witness as to Surety NOTE: (I) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Dredging Technologies. Inc, PRINCIPAL By:Cflk~ Name: 1L:,~~J."'( Lv · 1,a:D Title: II / e l~EC\ . • Address: 3505 Walden Trail Arlington, TT 76016 Insurers Indmenity Company SURETY l l\ j / B~tvU.UJ &L~ Name: T. Darleen Madden Attorney in Fact Address: 13601 Preston Road //106E Dallas, TX 75240 Telephone Number: (972) 233-9761 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. F-4 . I POW Lit OFATTOJUNEY VA N0 699H31 ki rim9r, T[6* EMA 'KUW, J1T)Frk1.%[T'r U 1M u.%-%!) ..-I I I,IL'- I: AVJ U -PFL#fhI LIZ )31ql 'v'Ptl1'j01 T. Darleen Madden, Pickie J. Clena of the Cily of Dallas, Side of-rexas 31 I I%;'I U 5Lr..11i y cf ;1-4oi ri , ¢:Iu. I Cxx. ljtk:. LLL:i` J" "A 'C'2.LC: LEW "C 11 Vr' fl 11 drid 1 '11 ELF Wh ,Itf A-, �LiMtN . LWW 44 1`)1v 11 %N-AriqK FiLmdLi, An OR 5GIM A �. tat$4 requilred by Statute, Decree! of Coup or OF49 MR1100 1`*T, 14aximum AuthaNty Limit A 2rni -1 ii;Lti a I.-5r. Parowl W EY1901.1tul . OLFakyfifji+ or.). GuD I Lipmu 1 4 11 icr)i r, t Ali 11ii jug-%! id. I or 1-loneervirtof ui Mln3i ..... .... ....... 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Box 2683 • 225 South Fifth Street• Waco , TX 76702-2683 effiillJY www .insurorsindemn ity .com • 254-759-3702 • Fax 254 -755-6399 01npany-~~~~~~~~~~~~~~~- e0No RIDER (GENERAL) It is hereby understood and agreed that the follow ing terms and condit ions shall apply to the Performance Bond and/or the Payment Bond, No. 610376: 1. If the Obligee of the bonds is a governmental entity in the State of Texas, then notwithstanding anything stated in the Performance Bond and/or in the Payment Bond, then the Performance Bond and/or the Payment Bond is issued pursuant to Chapter 2253 of the Texas Government Code, as amended ; or 2. If the Obligee of the bonds is a private entity and the Owner of a private project located within the State of Texas , then, notwithstanding anything stated in the Payment Bond, the Payment Bond is issued pursuant to Chapter 53 of the Texas Government Code, as amended, and the Payment Bond is conditional upon the prompt payment for all labor, subcontracts , materials, spec ially fabr icated materials, and normal and usual extras not exceeding fifteen (15%) percent of the contract price, and the Owner in order to make the Payment Bond effect ive must note its approval of the Payment Bond on the face of said Payment Bond and the Owner must cause the Payment Bond to be recorded , along with a copy of the contract, w ith the County Clerk of the County in which the project is located in whole or in part ; and any suit under the Performance Bond, if any , must be filed within two (2) years and a day of the project being completed by the Principal or if the Principal does not complete the project, within two (2) years and a day of the Principal being defaulted or the Principal having abandoned the project; or 3. If the Principal is a subcontractor, then any suit under the Payment Bond must be filed with in two (2) years and a day of the last furnishing of a service, labor or material, as defined by the Payment Bond, to the Principal ; and any suit under the Performance Bond must be inst ituted within two (2) years and a day of the Principal completing its subcontract or if the Principal does not complete its subcontract within two (2) years and a day of the Principal be ing defaulted ; and 4. As to any Payment Bond and/or to any Performance Bond to which this Rider is attached, any change order or modifications which alone, or in conjunction with any other change order or modification , increases or decreases the Contract pr ice by more than fifteen percent (15%) must be consented to by the Surety in writing and an additional bond fee must be paid for any increase in the Contract price; 5. As to any Payment Bond and/or to any Performance Bond to which this Rider is attached, the Obligee must pay the Principal in strict accordance with the Contract or Subcontract; 6. As to any Payment Bond and /or to any Performance Bond to which this Rider is attached , the Bond does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. 7. As to any Payment Bond and/or to any Performance Bond to which this Rider is attached , the Bond does not provide coverage for, and the surety thereon shall not be liable for, mo lds , living or dead fungi, bacteria, allergens, histamines , spores, hyphae , or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence , existence, or appearance . SIGNED , SEALED AND DATED this 3rd day of May, 2007 . Rider -Performance & Payment Bond General (02-06 ) PRINCIPAL : Dredging Technologies, Inc. By r,; al, w .11,J. V, P-/~ ed (fiUe) • (Seal) By: s INDEMNITY CO~tfN_Y ,_, / I ./ A~~V\.., I~ (Seal) Attorney-in-Fact I~n urors P.O. Box 2683 • 225 South Fifth Street• Waco, TX 76702-2683 effiillJY www.insurorsindemnity.com • 254-759-3702 • Fax 254-755-6399 oinpany-~~~~~~~~~~~~~~~- IMPORTANT NOTICE -AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurers Indemnity Company's toll- free telephone number for information or to make a complaint at: 1-800-933-7 444 You may also write to Insurers Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76702 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 or fax at: 1-512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim , you should contact the agent or the company first. If the dispute is not resolved , you may contact the Texas Department of Insurance . ATTACH THIS NOTICE TO YOUR BOND : This notice is given to comply with Section 2253.021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Rider -Performance & Payment Bond General (02-06) Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurers Indemnity Company 's para informacion o para someter una queja al 1-800-933-7 444 Usted tanbien puede escribir a Insurers Indemnity Company: P.O . Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76702 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: or fax al P.O. Box 149104 Austin, TX 78714-9104 1-512-475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TOI). UNA ESTE AVISO A SU POLIZA: Este aviso esta dado para acatar con Section 2253.021 Government Code y Section 53 .202 , Property Code efectivo, Septiembre 1, 2001. PART "G" CONTRACT (CITY OF FORT WORTH) PART G -CONTRACT THE ST A TE OF TEXAS § COUNTY OF TARRANT § 1~ THIS CONTRACT, made and entered into the~tJD day of J\v t--1 (,,200f by and 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 DU 0~ l~G. LcUi tJOUIG ~ of the City of (\ ~-lA t-J~TO N County of T ~~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: Lake Worth Maintenance Dredging Project No. 1-2006 And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment , tools, superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contractor Documents and General Specifications, all of which are made a part hereof and collectively and constitute the entire contract. G-1 The Contractor hereby agrees to commence work within ten ( 10) days after the date written notice to do so shall have been given to him , and to sub stantially 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 therefor, 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 m -~ __ counterparts in the year and say first above written . City of Fort Worth, Texas (Owner) Party of the cw Contractor sy ~~W -~ Title : ~ ........... ~--------- APPROVAL RECOMMENDED ~~f~-~ S. Frank Crumb, P.E. Director Fort Worth Water Department G-2 ATTEST: \'Oad.~6?7- C i~ Secretary (Seal) WITNESSES : Co ntract Authorizatioa t,m~ 3.0, i,l{:;O ]. WAGE RATES Classifications Air ConditioninQ Mechanic $17 .55 Air ConditioninQ Mechanic Helper $10 .74 Acoustic Ceiling Installer $14.26 Acoustic Ceiling Installer Helper $10 .53 Bricklayer/Stone Mason $19.29 Bricklayer/Stone Mason Helper $13.07 Carpenter $15 .76 Carpenter Helper $11.69 Concrete Finisher $14.29 Concrete Finisher Helper $10 .09 Concrete Form Builder $12 .16 Concrete Form Builder Helper $8 .81 Drywall Taper $13.25 Drywall Taper Helper $8 .00 Electrician Journeyman $19 .79 Electrician Helper $12 .95 Electronic Technician $20 .06 Electronic Technician Helper $12 .27 Floor Layer (Carpet) $15 .17 Floor Layer (Resilient) $15.94 Floor Layer Helper $11 .00 Glazier $14.35 · Glazier Helper $10 .32 Insulator (Pipe) $1 5 .05 Insulator Helper (Pipe) $10 .12 Laborer Common $9 .21 Laborer Skilled $11 .59 Lather $15.94 Lather Helper $11 .12 Metal Building Assembler $14.29 Metal Building Assembler Helper $9 .33 Painter $12 .86 Painter Helper $8.66 Pipefitter $18.22 Pipefitter Helper $12.90 Plasterer $16.16 Plasterer Helper $9.98 Reinforcing Steel Setter $13.00 Roofer $15.33 Roofer Helper $10 .24 Sheet Metal Worker $15 .73 Sheet Metal Worker Helper $10 .53 S ourc e is Fo rt W o rt h Ch apter Associ a ted General Contracto rs (www .Quoin org) 09/16 /2006 Sheetrock HanQer Sheetrock Hanger Helper Sprinkler Svstem Installer Sprinkler System Installer Helper Steel Worker Structural Steel Worker Structural Helper Welder Welder Helper Heavy Equipment Operators Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Forklift Operator Foundation Drill Operator Front End Loader Operator Truck Driver $13 .37 $9.48 $17 .86 $13.33 $16 .20 $11 .71 $15.88 $11 .25 Hourly Rates $16 .07 $12.62 $17 .55 $13 .27 $12 .66 PROJECT SIGN (Blue)·-~ Blue) I .i " ~--------.1·.1s -..,t-----.-l .,._I -----.'--.4' , L,·· ....•. .l __ Dark FORT WORTH White l 3 ronze ___ ......_ --.,.,··---~----Background 4'. o· Dark ----Blue 1 ,.---- .. _____________________________ ...___....._ PROJECT SIGN Figure 30 A 3" Radius Scale I " = I ' APPENDIX A SOIL SAMPLING REPORT March 10, 2006 Mr. Jeffery A. Butson , P.E . Carter & Burgess 7950 Elmbrook Drive Dallas, Texas 75247 Phone: (214) 638-014 Fax: (214) 638-5632 Re : Sediment Testing Woodlake & Lake Worth Project AGG Report No . EOS-0938-02 Dear Mr. Butson : • GEOTECHNICAL ENGINEERING • ENVIRONMENTAL CONSULTING • CONSTRUCTION MATERIALS ENGINEERING AND TESTING Alliance Geotechnical Group (AGG) is pleased to submit the results of the sediment testing for the above referenced projects . The invoice for this work is also attached . We appreciate the opportunity to provide you geotechnical test ing services . We look forward to working with you on the next project. If you have any questions or would like to discuss the boring logs, please give me a call at (972) 444-8889. S incerely , ALLIANCE GEOTECHNICAL GROUP ~i~ MEMOEA ~'@11 Project Engineer Attach m ents : Sed iment Testing Results Invoice 3228 Ha l ifa x S t r eet • S u ite A· D a l l as, Texas 75 2 4 7 T el : 972 -4 44-888 9 • F ax : 972-444 -8893 • w w w .agg eng r .c om A~ •.u ...,.o••• ALLIANCE GEOTECHNICAL GROUP, INC. GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING & ENGINEERING PROJECT: AGG REPORT#: REPORT DATE: SEDIMENT TESTING Lake Worth Project EOS-0938-02 3/10/2006 Sample: LW1 (SAND with clay) Moisture Content 24% In-situ Drv Unit Weiqht 85.6 pcf Atterberg Limits non plastic Specific Gravity 2.63 Sieve Analysis see attached Hydrometer see attached Settling Time 5.5 hours Bulk Factor 1.4 200 ml of bulked sediment dried to: 100 ml Sample: LW2 (SAND with trace CLAY) Moisture Content 21 % In-situ Dry Unit Weiqht 83 .7 pcf Atterberq Limits non plastic Specific Gravity 2 .68 Sieve Analysis see attached Hydrometer see attached Settlinq Time 3 .3 hours Bulk Factor 1.3 200 ml of bulked sediment dried to: 145 ml Sample: LW3 (SAND with clay) Moisture Content 22 % In-situ Dry Unit Weight 90.7 pct Atterberg Limits non plastic Specific Gravity 2 .65 Sieve Analysis see attached Hydrometer see attached Settlinq Time 8 .3 hours Bulk Factor 1.4 200 ml of bulked sediment dried to : I 160 m l U .S. Standard Sieve U .S. Standa rd Sieve Numbe rs Hydrometer £::! !!: a:, 0 0 ' r'> C 0 0 ~ 0 <O C" ~ "' st ~ N st N 100 I i I I I I - II IZ ! 11 I I I I I 90 I I I I \ I I I 80 I I I I I .... 7 0 ! \I I .r. C) I ·; i ;: 60 I >-I I I '! .c I ... 50 I I G) ' I I I I C I U: I \ -C 40 G) I I I I 0 I 1 ... I G) C. 30 \ I J 20 I I I I I 10 i I, I ' I . L 11... j • . I I ,:-,--II 1T1 i !-0 : I 1000 100 10 1 0 .1 0 .01 0.001 Gra in S ize -mm Legend Boring No Depth % Gravel % Sand % -#200 LL Pl --"2'.'.s-LW1 0 .0 92 .8 7.2 -0- -0- Legend Boring No Depth Material Descr iption uses --"2'.'.s-LW1 SAND w/ trac e clay -0- -0- I R ESULTS OF SIEVE ANALYSIS ! Sedi me nt Testi ng i Lake Wo rt h Project ! i ALLIANCE G EOTEC HNICAL GROUP . I I i EOS-0938 -02 U .S . Standard Sieve U.S . Sta ndard S ieve Numbe rs Hydrom eter ~ ~ a, 0 0 ~ ;;; ;: 0 0 0 0 ' ~ "Sl" N "Sl" N <O (' ~ ~ 100 ' I II II -l I'" I I I I 90 I I I 80 I I I 70 .... I i .r: I I C) ·; I ~ 60 I >, I .c I .. 50 Q) C u: I .... 40 C I, I Cl) u I .. I Cl) I C. 30 I 1 20 \1 I I 10 I I 1 1 \ J I 1J I I, i"T ,,...1&.J --..-1 . 0 ' 1000 100 10 1 0.1 0 .0 1 0.001 Grain Size -mm Legend Boring No Depth % Gravel % Sand % -#200 LL Pl ----6---LW2 0 .0 96.4 3 .6 -0- -0- Legend Boring No Depth Material Description uses ----6---LW2 SAND with t race cla y CH -0- -0- RES UL TS OF SIEVE ANALYSIS Se d im ent Testi ng Lake Worth P roject ALLIAN C E G EOTECHN ICAL GROUP . I E05-0938 -02 U.S. Standard Sieve U .S. Standard Sieve Numbers Hydrometer ~ ~ co 0 0 -C 0 0 0 0 <O " ' ("') ?; "<I" ~ N "<I" -N 100 I I I I I I I I I i 90 I " I 80 I 70 I ... \ .c C) ·; i 3: 60 1 i >, I .D I ... 50 Q) C \ u:: -40 C Q) I u ... Q) fl. 30 I I \ I 20 I ! I 10 I I t~ ._ . I I I -1-r-1 . 0 ',~ --' 1000 100 10 1 0.1 0.01 0.001 Grain Size -mm Legend Boring No Depth % Gravel %Sand % -#200 LL Pl ----6--LW3 0.0 93.1 6.9 -0-- --0- Legend Boring No Depth Material Description uses ----6--LW3 SAND with trace clay -0-- --0- RESULTS OF SIEVE ANALYSIS Sediment Testing Lake Worth Project ALLIANCE GEOTECHNICAL GROUP. E05-0938-02 w _, u: Ca rter Burgess Ca,m ~ ~:~rz~~~ ,::t:L;9;)e~~1~bif~1c,~t/a>~;:;!\ ::o'r~;.1t 4-_40(': 020330 SEDIMENT SAMPLING LOCATIONS L ake Worth Pilot Dredging Project Drawn Checked Scale Date C&B C&B 1"=2000' SEP 2006 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication w:re:noanllffleemenrm::..-nraz -- COUNCIL ACTION: Approved on 1/30/2007 -Ordinance No. 17387-01-2007 DATE: Tuesday, January 30, 2007 LOG NAME: 60LAKE WORTH REFERENCE NO.: **C-21951 SUBJECT: Authorize Execution of Contract with Dredging Technologies, Inc ., for the Lake Worth Maintenance Dredging Project and Adopt Appropriation Ordinance --------=-· --------------------==...,,r-w,...==------•~=wD:if usa:,asen1:sn.,,.,.rViii)rt RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $507 ,841.61 from the Lake Worth Trust Fund (Lake Worth Lease Sales Account) to the Water and Sewer Operating Fund (Lake Worth Infrastructure Escrow Account); 2. Authorize the transfer of $507,841 .61 from the Water and Sewer Operating Funds (Lake Worth Infrastructure Escrow Account) to the Water and Sewer Operating Fund (Sale of Real Property Revenue Account); 3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Water & Sewer Operating Fund (Lake Worth Management Admn . Center) in the amount of $507,841 .61; 4 . Authorize the City Manager to execute a contract with Dredging Technologies, Inc ., for the Lake Worth Maintenance Dredging Project in the amount not to exceed $278,434 .55; and 5. Authorize the transfer of $201,607.06 from the Water & Sewer Operating Fund (Lake Worth Management Admn. Center) to the Clean Lakes Phase II Grants Fund. DISCUSSION: BACKGROUND FOR DREDGING CONTRACT This project involves the dredging of approximately 39 ,300 cubic yards of silt and sedimentation from three different locations at Lake Worth. The primary purpose of this project is to evaluate the cost effectiveness of different types of sedimentation removal processes to include in-lake disposal and haul off. The project will also help to improve boating recreational opportunities and boating safety in areas around Goat and Willow Islands. This project was advertised for bid in the Commercial Recorder on October 5 and October 12 , 2006 . On November 2, 2006, the following bids were received and opened : BIDDERS Dredging Technologies , Inc. Logname: 60LAKE WORTH AMOUNT $278,434.55 COMPLETION 127 Calendar Days Page 1 of 3 RLB Construction Sludge Technologies Rimrock Southwind JND Thomas Ark Contracting $321,425 .00 $342 ,350 .00 $361 ,290 .00 $396 ,978.20 $427 ,466 .00 $463,405 .00 In addition to the contract amount , $27 ,800 is included for possible change orders . This project is located in COUNCIL DISTRICT 7. Dredging Technologies, Inc., is in compliance with the City 's M/WBE Ordinance by committing to 1 O percent M/WBE participation. The City's goal on this project is 10 percent. BACKGROUND FOR CLEAN LAKES GRANT The transfer of $201 ,607 .06 from the Water and Sewer operating Fund to the Clean Lakes Grant Fund is required due to the recent discovery of a shortfall in the Clean Lakes Grant Fund balance. In 1996 , the Fort Worth Water Department let a contract for the installation of a low-pressure sewer system along the north shore of Lake Worth. This project was part of a $3 ,400,000 Clean Lake Phase II grant program designed to improve water quality at Lake Worth . This program was partially funded by the Texas Water Commission with Fort Worth committing to $1 ,700 ,000 in cash and in kind contributions and the Texas Water Commission providing $1 ,700 ,000 in matching funds. A series of delays was experienced in the phase of the program that included the installation of a low- pressure sewer system to replace septic systems along the north shore of Lake Worth . Th is resulted in the grant funding period runn ing out before the project was completed . And as a result , the Texas Wate r Commission only paid $1 ,489,564 .95 of the original $1 ,700 ,000 that was committed for the Clean Lakes Phase II project. During a recent audit of the Clean Lakes Grant account, the Finance Department found that there was a short fall in revenues of $201,607 .06 . The proposed fund transfer will clear this shortfall and final out this account. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations , and the adoption of the attached supplemental appropriation ordinances , funds will be ava ilable in the current capital budgets , as appropriated, of the Water Operating Fund and the Grants Fund , Clean Lakes Phase II Project. TO Fund/Account/Centers 1)PE45 240015 0000000 2&3)PE45 444192 0605006 Logname: 60LAKE WORTH $507 .841 .61 $507 ,841 .61 FROM Fund/Account/Centers 1)FE70 442302 030001902000 2)PE45 240015 0000000 $507,841 .61 $507 ,841 .61 Pag e 2 of 3 3)PE45 539120 0605006 3)PE45 538070 0605006 5)GR76 472045 070412605000 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Logname : 60LAKE WORTH $306 ,234 .55 $201,607 .06 $201.607 .06 4)PE45 539120 0605006 5)PE45 538070 0605006 Marc Ott (8476) S. Frank Crumb (8207) S. Frank Crumb (8207) $278.434 .55 $201 .607 .06 Page 3 of 3