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Home My WebLink AboutContract 35555CllY SECRETARY'1 17'1 . W"' -D.0 .E . FI LE FO RT ·.··.··•·ORTH CONTRACTOR'S BONDINGCO.~ .. ~ .. f'/TY · ' ,_, C' ETARY CON STR UCTION'S COPY , = CONTR CI NO. ~,, C UEf'fT Of P.A,RTfvlENl SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ., PAVING, DRAIN A.GE, WATER AND SEWER IMPROVEMENTS ON PHASE I OF KELLER HICKS ROAD (750' WEST OF RIDGEVIEW THRU AL TA VISTA iNTERSECTION) CITY P ROJECT NO. 00353 \\'ATER PROjECT NO. P264 -602150065383 SE\f1.'ER PRO,JECT Nu. P274-702130065383 D.O.E . NO . 5317 IN THE CITY CF FORT WORTH, TEXAS APRIL 2007 CHAR LES R. BOSWELL CITY MANP.GER MIC HAE L J. MOt~CRE !F MAYOR MARC OTT ASST. CiTY MANAGER ROBERiD.GOODE ,PE D!RECTOR TRANSPORT/\ TION AND PUBLIC WOR K S S. FRANK CRUMB, PE DIREC TOR VVA TER DEPARTMENT A. DOUGLAS RADEMAKER, ?E DIRECTOR DEPARTMENT OF ENGINEERING 11Z~ TE.AGUE NALL AND P ERKINS i 100 M A C O N STREET PORT 'NORTH, TEXAS 751a:i 2 (517) 3Z u -5i73 -T NP No. FTVV 0 SS 19 []ORIGINAL CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 To the Plans, Specifications & General Contract Documents PHASE I OF KELLER HICKS ROAD CITY PROJECT NO .: 00653 WATER PROJECT NO .: P264-602150065383 SANITARY SEWER PROJECT NO .: P274-702130065383 DOE NO.: 5317 PAVING , DRAINAGE , WATER AND SEWER IMPROVEMENTS Bid Date: May 10th, 2007; 2:00 PM Addendum No . 1: Issued May41h, 2007 Th is Addendum, forms part of the Plans, Specifications & Contract Documents for the above referenced project and mod ifies the original Plans , Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, in the proposal (page 21 of 21) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification . The plans , specifications & contract documents for Phase I of Keller Hicks Road -DOE No. 5317 are hereby revised by Addendum No.1 as follows : PLANS: Clarifications to the plan sheets are made as follows: 1. Sheet 1 -Note 16 under GENERAL NOTES shall be deleted in its entirety and replaced with the following: "Construction activities impacting the flow of roadway traffic shall be limited to the hours of 9:00 a .m . to 6 :00 p.m . weekdays and 6:00 a.m . to 6:00 p .m. Saturdays unless otherwise approved or directed by the Engineer. 2 . Sheet 11 -Note 6 under PAVING NOTES shall be deleted in its entirety and rep laced with the following :" *Geotechnical Engineering Study Project No . 131-06-45 dated November 2006 prepared by CMJ Engineering, Inc." 3. Sheet 16 & 27 -The Contractor shall install Storm Drain A prior to or in conjunction with Phase I pavement constructi on . Fo r the construction of Storm Drain A , the Contractor may utilize TxDOT Standard TCP(2 -2b) or other appropriate traffic control plan in conformance with the 2006 TMUTCD for one lane traffic using flagmen . The length of the lane closure shall be limited to a maximum of 200 feet. The traffic control plan shall be subm itted to the Engineer for review at the pre-construction conference. The storm dra in trench shall be backfilled and/or plated per COFW Policy and the roadway returned to two-way traffic at the end of each day . If plates are used , no more than two plates at one time will be allowed over the storm drain trench . 4 . Sheet 20 -For pavement thickness of T=12 ", the transverse (sawed dummy) joint spacing shall be 20 feet, the doweled contraction joint spacing shall be 40 feet, and the expansion joint spacing shall be a maximum of 200 feet. 5. Traffic Control Sheets 27 through 32 -Note 2 under GENERAL NOTES shall be deleted in its entirety and replaced with the following : "The sequencing plan primarily addresses the paving improvements . The contractor shall construct Storm Drain A prior to or in conjunction with Phase I pavement construction . The Contractor shall construct the rema ining storm drainage improvements in such a manner that two-way traffic is maintained at all times ." Addendum No . 1, Page 1 '" -········ ..... ············ ---------·-- 6 . Traffic Control Sheets 27 through 32 -The installation and removal of the temporary asphalt pavement used during traffic control operations shall be subsid iary to the contract. The tempo rary asphalt pavement shall consist of a minimum of 2 " HMAC on 6 " crushed stone base. See Standard Specifications Items 208 and 312 , which governs these items. An alternative design may be submitted to the Engineer for consideration. SPECIFICATIONS & CONTRACT DOCUMENTS: Clarifications to the specifications and contract documents are made as follows: 1. The time of completion is an essential element of this contract. It is anticipated that Phase I pavement construction be completed by August 26, 2007 . As reiterated in Part B - Proposal, the bidder agrees to begin construction within 10 calendar days after issuance of the work order, and to complete the contract within 120 working days after beginning construction as set forth in the written work order to be furnished by the Owner. 2 . Regard ing the concrete mix for machine placement of the 12 " reinforced concrete pavement, all appl icable provisions of standard Specifications Item 314 "Concrete Pavement" as contained in the City of Fort Worth's STANDARD SPECIFICATIONS for STREET AND STORM DRAIN CONSTRUCTION shall apply . 3 . The construction staking required for establishing line and grades necessary for the proper prosecution and control of the work within public ROW for this contract will be provided for the Contractor by the City or the City's agent. 4 . A Storm Water Pollution Prevention Plan (SWPPP) will be available for viewing at the plans desk of the Department of Engineering. The selected Contractor will be provided with three copies of the SWPPP after award of contract , along with unbound copies of all forms to be subm itted to the Texas Commission on Environmental Quality . 5 . Part D -Special Conditions D-45 shall apply for topsoil , sodding, seeding , and hydromulching. All work performed for topsoil, sodding , seeding and hydromulching shall be subsidiary to the contract. 6 . On page SP-4 of the SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS, AWARD OF CONTRACT:, the 3rd sentence "The Contractor can bid either the HMAC alternate and/or the Concrete alternate" shall be deleted . A signed copy of this Addendum should be included In the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. RECIEPT ACKNOWLEDGEMENT: ISSUED BY : A Douglas Rademaker, P.E., Director By O ~ ~~£-- ~~ /" Engineering Manager Company :Y2!J QL,~'Ck00%\:tlu;fio-v, \']<., LP Address : f>.O · fPoz<. ( 5l/ llf' City : P4:. uJQ'lt':'\ State : T)( Addendum No . 1, Page 2 MAY-09-2007 WED 03:10 PM Fw-Depl Of Engineering FAX NO. 817 392 2483 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDE:NDUM NO. 2 To the Plans, Specifications & General Contract Documents PHASE I OF KELLER HICKS ROAD CITY PROJECT NO.: 00653 WATER PROJECT NO.: P264-6021500653B3 SANITARY SEWER PROJECT NO.; P274-702130065383 DOE NO.; 5317 PAVING. DRAINAGE, WATER AND SEWER IMPROVEMENTS . Bid Date: May 1i11, 2007; 2:00 PM Addendum No. 2: Issued May 9111, 2007 • The Contract Documents for the subject project are hereby revised or amended as follows: SPECIFICATIONS & COMJRACT DOCUMl=NJS..i. 1. NOTICE TO BIDDERS ANO COMPREHENSIVE; NOTICE TO BIDDERS Sealed proposals for the above project addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office untll 1 :30 p.m. on Thursday May 17, 2007 and then publicly opened and read aloud at 2:00 P.M. in the Ccui:icll Chambers. · This Addendum tonns a part of the Contract Documents referenced above and modifies the original Contract Documents and Plans. Bidder shall acknowledge receipt of this addendum ln the space provided below, en the last page of the Bid Proposal and acknowledge receipt on the outer envelope of your bid. A signed copy of this Addendum &hould be Included In the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause tho eubJect bidder to be con&lderad "NON RESPONSIVE," reauHlng In dlGquaHflcatlon. RECIEPT ACKNOWLEDGEMENT: ISSUED BY: A Douglas Rademaker, P.E., Director Addendum No. 2, Page 1 P. 02/02 ~. / MA Y-11-2007 15:03 TEAGUE NALL AND PER KINS CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 3 8 173352 81 3 P.01/03 ., ·· ---,-,~=-~=~='-=~=-~'To1hecPlans;=-Speciflcatlons1·&·General-C3ontract 'Documents -· • --· ........ , ... •• '• -• 'lC: ,•.,·.'"''"I PHASE I OF KELLER HICKS ROAD CITY PROJECT NO.: 00653 WATER PROJECT NO.: P264-802150085383 SANITARY SEWER PROJECT NO.: P274-702130065383 DOE NO.: 5317 PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS Bid Date : May 17th, 2007, 2:00 PM Addendum No. 3: ts.ued May 11 11, 2007 This Addendum, forms part of the Plans, Specifications & Contract Documents for the above referenced project and modifies the orlglnal Plans, Specificaticns and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, In the proposal (page 21 of 21) and acknowledge receipt on the outer em,elope of your bid . Fallure to acknowtedge receipt of this addendum could subject the bidder to dlsquallflcatlon. The plans, specifications & eontract documents fer Phase I of Keller Hicks Road -DOE No. 5317 are hereby revised by Addendum No.3 as follows: PLANS; Clarlflcatlons to the following plan sheets are made a& follows; 1. Sheet 4 -All work performed for cutting and plugging the existing 4 • water lines shaU be _subsidiary to Unit I Item 1-2, "Pipe Pressure -Abandon . 2. Sheet 4 -The Co"tractor shall replace existing water service lines on the north side of Keller Hicks Road betWeen Rldgevlew Circle and Alta Vista Road as specified by the Engineer and In accordance with City specifications. The Contractor shall utlllze the existing water meter boxes unless otherwise directed by the Engineer. 3. Sheet 5 -The cement-stabilized backfill for use with SDR-26 shall be subsidiary to the cost for installatlon of the sanitary sewer. 4. Sheet 13 -The existing pipe and pipe and cable fencing located in the front of the Charles T. Fox and Srlrong Tanghongs tracts shall be removed from the existing ROW and replaced at the proposed ROW according to SP-59. The unit price per linear foot shown on the Proposal under Unit IV shall be full compensation for all materials, labor, equipment, tools and Incidentals necessary to complete the work. 5. Sheet 16 & 27 & Addendum No _ 1 Clarifications Note #3 -For the construction of Storm Drain A, a minimum traffic lane width of 10' shall be maintained within the construcUon zone during one-lane operations traffic control . Temporary pavement may be utilized in satisfying this requirement Refer to Addendum No. 1 Clarifications Note #6 for the installation and removal of temporary asphalt pavement used during traffic control operations. 6. Sheet 16 & 27 -Once a portion of Storm Drain A has been placed, backfilled and compacted to City speetfieatlons, the contractor shall place temporary pavement over the Addendum No. 3, Page 1 ri I MA Y-11-2007 15:03 TEAGUE NALL AND PER KI NS 8 17336 2813 trench to provide an acceptable riding surface until It is replaced by the permanent ccnctete pavement. The temporary pavement shall consist of 2• HMAC on a minimum 6 8 compac:ted flex-base material. See Standard Specifications Items 208 and 312, which governs these Items. The temporary pavement repair for storm Drain A shall be subsidiary to the installation of the respectl\fe s~ of stonn drain. SPECIFICATIONS & G,OJf[RACT DOCUMENTS: 1-BID PROPOSAL: Bid Propoaal Sheet 3 of 21 shall btl deleted in its entirety and replaced with the enclosed Revised Sheet 3 of 21. 1. The following Items In the bid proposal have been added to the previous bid proposal. • Unit I: Weter Improvements Item No. 1-6, "Valve -4 Inch -Cut in Gate .. wNalve Box -Install" has been added to the bid proposal. • Unit I: Water Improvements Item No. 1•7, "Pipe Ftwngs <Than 16 Inch DI Plpe- ln•tall" has been added to the bid proposal. "' Unit l: Water Improvements Item No. 1-8, "Cut and Plug an Water Une" has been added to the bid proposal. • Unit I: Water Improvements Item No. 1-9, "Water Servlce-1 Inch .. Replacement" has been added to the bid proposal. 2-CLARIFICATIONS: For Bid Proposal Item IV-13 "Pavement Silicone Joint Sealant -Install~ measurement and payment will be made at the Contract bid ttern unit pr1c:e bid per lump sum (LS.), which shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those seallng materials and for all labor, equipment, tools and Incidentals ~ecessary to complete the silicone Joint sealin9 In conformity with the plans and the specifications. A signod copy of this Addendum should be Included In the Maled bid envelope at the time of bid eubmlttal. Failure to acknowledge the receipt of this Addendum could cause the subjec:t bidder to be considered '1NONRESPONSIVE." resulting In dlsquaiUflcatlon. RECIEPT ACKNOWLEDGEMENT: ISSUED BY! A. Douglas Rademaker,_P.E., Director By:~;·~ Miguel Domenec~ P.E. . Engineering Manager Company:~~:5:£.L.!..J~;.z:tl:uJ.::lt.2 T~, LP Address:eo · f?oi. / 61.J Li.&' City: Ft. WM' :lb State: I'f.. Addendum No. 3, Page 2 P.02/03 CONTRACT DOCUMENTS FOR PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS ON PHASE I OF KELLER HICKS ROAD (750' WEST OF RIDGEVIEW THRU AL TA VISTA INTERSECTION) CITY PROJECT NO. 00653 WATER PROJECT NO. P264-602150065383 SEWER PROJECT NO. P274-702130065383 D.O.E. NO. 5317 CITY OF FORT WORTH TARRANT COUNTY, TEXAS APRIL 2007 I hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Texas. PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS ON PHASE I OF KELLER HICKS ROAD (750' WEST OF RIDGEVIEW THRU AL TA VISTA INTERSECTION) CITY PROJECT NO. 00653 WATER PROJECT NO. P264-602150065383 SEWER PROJECT NO. P274-702130065383 D.O.E. NO. 5317 TABLE OF CONTENTS SECTION A -UNIT I, II, Ill & IV: Water Dept. & Transportation/Public Works Notice to Bidders Comprehensive Notice to Bidders Fort Worth M/WBE Policy Bid Proposal Vendors Compliance to State Law SECTION B -UNIT I & II: Water Department Special Instructions to Bidders Part C -General Conditions Part C-1 -Supplemental Conditions to Part C General Conditions Prevailing Wage Rates Compliance with Prevailing Wage Rates Part D -Special Conditions Part DA -Additional Special Conditions SECTION C -UNIT Ill & IV: Transportation/Public Works Special Instructions to Bidders Special Provisions for Street and Storm Drain SECTION D -UNIT I, II, Ill & IV: Water Dept. & Transportation/Public Works Certificate of Insurance Performance Bond Payment Bond Maintenance Bond Contract Contractor Compliance with Worker's Compensation Law Conflict of Interest Questionnaire Conflict of Interest Questionnaire Requirement SECTION A UNIT I-WATER IMPROVEMENTS UNIT II -SANITARY SEWER IMPROVEMENTS UNIT Ill -DRAINAGE IMPROVEMENTS UNIT IV -PAVING IMPROVEMENTS Notice to Bidders Comprehensive Notice to Bidders Fort Worth M/WBE Policy Documents Bid Proposal Vendor's Compliance with State Law NOTICE TO BIDDERS Sealed Proposals for the following : PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS ON PHASE I OF KELLER HICKS ROAD (750' WEST OF RIDGEVIEW THRU ALT A VISTA INTERSECTION) CITY PROJECT NO. 00653 WATER PROJECT NO. P264-602150065383 SEWER PROJECT NO. P274-702130065383 D.O.E. NO. 5317 . Addressed to Mr . Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1 :30 p.m. on Thursday May 10, 2007 and then publicly opened and read aloud at 2:00 P.M in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1 ODO Throckmorton Street, Fort Worth, Texas 76102 . A set of plans and documents may be purchased on a non-refundable basis for sixty dollars ($60.00) for each set. The major work on the above project shall generally consist of the following (quantities are approximate): 60 LF 870 LF 250 LF 1,196 LF 16,095 SY 775 SY 6-lnch PVC Water Line and Appurtenances 8-lnch Sanitary Sewer Line and Appurtenances 6'x4' Box Culvert Class Ill RCP 12-lnch Reinforced Concrete Pavement 6-lnch Reinforced Concrete Pavement Included in the above will be all other items of construction as outlined in the Plans and Specifications. A pre-bid conference will be held on Wednesday May 2, 2007, at 10:00 a.m ., in the Department of Transportation and Public Works Conference Room 293, 2"d Floor, Municipal Office Building, 1 ODO Throckmorton Street, Fort Worth, Texas 76102. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference . For additional information concerning this project, please contact Scott A. Gibson, P.E., at the offices of Teague Nall and Perkins, Inc., (817) 336-5773 or Debbie J. Willhelm, P.E., Project Manager, at the City of Fort Worth, (817) 392-2481. ADVERTISING DATES: April 19, 2007 April 26, 2007 COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the following : PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS ON PHASE I OF KELLER HICKS ROAD (750' WEST OF RIDGEVIEW THRU ALTA VISTA INTERSECTION) CITY PROJECT NO. 00653 WATER PROJECT NO. P264-602150065383 SEWER PROJECT NO. P274-70213006.5383 0.0.E. NO. 5317 . Addressed to Mr. Charles R. Boswell; City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1 :30 p.m. on Thursday May 1 O, 2007 and then publicly opened and read aloud at 2:00 P.M in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. A set of plans and documents may be purchased on a non-refundable basis for sixty dollars ($60 .00) for each set. All Bidders will be required to comply with provision 5159a of ''Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above project shail generally consist of the following (quantities are approximate): 60 LF 870 LF 250 LF 1,196 LF 16,095 SY 775 SY 6-lnch PVC Water Line and Appurtenances 8-lnch Sanitary Sewer Line and Appurtenances 6'x4' Box Culvert Class Ill RCP 12-lncli Reinforced Concrete Pavement 6-lnch Reinforced Concrete Pavement Included in the above will be all other items of construction as outlined in the Plans and Specifications. A pre-bid conference will be held on Wednesday May 2, 2007, at 10:00 a.m., in the Department of Transportation and Public Works Conference Room 293, 2"d Floor, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference. Prospective Bidders are hereby notified of the following on this project: 1. The City of Fort Worth is in the process of obtaining the necessary right-of-way and/or temporary right-of-entry .agreements for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary right-of-way or temporary right- of-entry agreements by the start of construction. In the event the necessary right-of-way or temporary right-of-entry agreements are not obtained by the work start date, ~~e City reserves the right to cancel the award of the contract at any time before the Contractor begins any construction work on the project. In addition, .Bidders shall hold their unit prices for as long as it takes the City to acquire all of the right-of-way or the temporary right-of-entry agreements. 2. Franchise utility relocations are in progress within the limits of this project Bidders are hereby notified that the City anticipates the franchise utility relocations within the limits of this project be complete by the start of construction. In the event the franchise utility relocations are not complete by. the work start date, 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 In addition, Bidders shall hold their unit prices for as long as it takes the franchise utilities to relocate their facilities within the limits of this project. The Contractor shall be prepared to commence construction without all the acquired right-of-way and during the completion of franchise utility relocations. The Contractor shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require right-of-way and/or franchise utility relocations. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time.. Bidders must complete the proposal sections 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. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and/or the JOINT VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after the documentation is received, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the Bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Bids that do not acknowledge receipt of all applicable addenda may be rejected as non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392-7910. In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. In addition, the Bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and/or the JOINT VENTURE FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,, within five (5) City business days after bid opening date. The Bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. The Managing Department for this project is the Department of Engineering. For additional information concerning this project, please contact Scott A Gibson, P.E., at the offices of Teague Nall and Perkins, Inc., (817) 336-5773 or Debbie J. Willhelm, P.E., Project Manager, at the City of Fort Worth, (817) 392-2481. CHARLES R. BOSWELL CITY MANAGER ADVERTISING DATES: April 19, 2007 April26,2007 MARTY HENDRIX CITY SECRETARY A. Douglas Rademaker, P.E., Director Department of Engineering By:~ Rick Trice, P.E. Assistant Director of Engineering - - - - - - - - - - - - - - - - - - FORT WORTH -"-z ·w· City of Fort Worth o5 .... , Minority and Women Business Enterprise Specificat1~r 1 :.s SPECIAL INSTRUCTIONS FOR BIDDERS O Rcv 0 APPLICATION OF POLICY If the total dollar value of the contract Is $25 ,000 or more, the M/WBE goal Is applicable. If the total dollar value of the contract is less than $25,000 , the M/WBE oal is not a licable. .,.,:,r POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid . M/WBE PROJECT GOALS The City's M/WBE goa l on th is project is 20 % of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, with in the followin for the entire bid to be considered res onsive to the s ecifications . 1. Subcontractor Utilization Form, if goal is met or exceeded : 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated oal : 3. Good Faith Effort and Subcontractor Utilization Form, if no M/WBE artici ation : 4. Prime Contractor Waiver Form , if you will erform all subcontractin /su lier work: 5. Joint Venture Form , if utilize a joint venture to met or exceed oal. received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date . received by 5:00 p.m ., five (5) City business days after the bid opening date, exclusive of the bid opening date . received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date . received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date . received by 5:00 p.m., five (5) City business days after the bid o enin date , exclusive of the bid o enin date . FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. 11/11/05 - - - - - - - - - - - - - - - - - - - FORT WORTH ----...,....---City of Fort Worth ATIACHMENT 1A Page 1 of 5 05 , 7 7 '07 Subcontractors/Suppliers Utilization Form Po 7 : 4 9 RcvD PRIMffOMPANY NAME: L.o/la+5e-r PROJECT NAME: PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS ON KELLER HICKS ROAD City's M/WBE Project Goal: 20% Prime's M/WBE Project Utilization: Check applicable block to describe prime M/W/DBE NON-M/W/DBE 05i I PROJECT NUMBER DOE NO. 5317 WATER NO. P264-602150065383 SEWER NO. P274-702130065383 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5),City business days after bid opening, exclusive of bid opening date, will result in the bid being considered . non-responsive to bid specifications. · The undersigned Offerer agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications ... M/WBEs listed toward meeting the project r 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 farrant, Parker , Johnson, Collin, Dallas , Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d tier •..... ... .• . ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contri:lct . The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators, and receive ·full M/WBE credit. The M/WBE may lease trucks from rion-M/WBEs, including· owner-operators, butwilLonly receive credit for the fees and commissions earned by the .M/WBEas outlined in the lease agreement , , : . · .. Rev . 5/30/03 - fORTWORTH ~ ATTACHMENT 1A Page 2 of 5 I U 5 -1 7 - O 7 p 1 Ml£ fy Primes are required to identify ALL subcontracto rs/suppliers, regardless of status ; 1.e., I ri ~iXi 9men and non-M/WBEs . Please list M/WBE fi rms first , use add itional sheets if necessary . T SUBCONTRACTOR/SUPPLIER Certification ,N •·· (check one) 0 T !l Company Name I N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount I Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A .... / J tye,,.e,-l=,i ~ +" .f ~I 300 J RO B ERT GRA NA DOS T RUC KI NG I v µ~, o.f.f 4 608 San dage Su rpt its ) Fort Wo rt h, Texas 76 115 (8 17) 87 5-24 00 I s~;IU\ J CENTE X SEEDING, Inc . $ ~O()o.oo PO Bo x 20 77 I ,/ Ke ll er, Texas 76 11 6 (8 17) 306-85 10 fax (8 17) 306-890 J ] ] l-i'IYl ~ Un iversa l Lime 1/<foco.oo 1750 Brenn an Ave. V Fort Worth , Texas 76 10 6 l ./ J ph one : 8 17 -378 -9042 fax : 8 17-3 78 -945 2 ... l Q.o (\C, '(\Q,-\-e.... COWTOWN REDI-M IX tteOl; rn i )( ¢~ 7DO-oD PO Bo x 16232 7 J Fort Worth, Te xas 76 16 1 ,/ ,I V (8 17) 75 9-)9 )9 f(8 )7) 759-)7 )6 } ~ .I, ~i~ I Fi -»h't?)S J $/~°'aJD.OD RI N K ER MA TERIALS ..J-\J°'\ v-e.s PO B ox 730 197 I v D a ll as, Texas 75373 --0 19 7 J (8 17) 49 1-432 1 -- - -Rev . 5/30/03 - I J l 1 J .I J I I ·1 -- - ---- - --- ~ - - - - 05-77_ 0 7 PO 1 : 4 9 fORTWORTH Rcvo ATTACHMENT 1A Page 3 of 5 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e ., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A - :p;~,:;.u,~ NATIONAL WATERWORKS ct Voi1 ve; 9./ />°o.ot5 PO Bo x 840 700 I Dallas, Te xa s 75284 V ... ' (8 00) 252-155 7 REYNOLDS ASPHALT & AsphqJ-t- CONSTRUCTION COMPANY ef ~C(XJ.oo PO Box 370 I v"' Euless , Texas 76039 (817) 267-3131 -rJ . Magnum Man ho le Co mp any ~rE,pebt I OY1 ¢ ;)J 5/)0, () D 3 14 S. Kirb y S tree t lS ~ \,J ('\tS Garlan d , Texas J / (_; v(2 I 4 ) 687-2293 fax(972) 23 1-393 4 Rev . 5/30/03 - I J ] J )5 -J 7 -0 700, I : 4 9 Rcvo ATIACHMENT 1A Page 4 of 5 1 -~ FORT WORTH J Total Dollar Amount of M/WBE Subcontractors/Suppliers $ '6'~ 5otJ. OD I J Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ I L//p/ D06-oo TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ ;;\~g 500· 6 D I 1 The Cont~act?r will not make addi~ions, deletion~, or su_bstitutions to this ce~ified list without the prior.approval ofthe Minority and Women Business Enterprise Office Manager or des1gnee through the submittal of a Request for Approval of Change/Addition. Any unjustified change .or deletion shall be a material breach of 1 contract and may result in debarment in accord with the procedures outlined in the ordinance. The cor1tractor shall submit a detailed explanation of how the requested change/addition or deletion will affect .the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offerer 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 Offerer and barred from participating in -City work for a period of time not less than one ( 1) .year. - Printed Signatur~ - Contact Name/Title (if different) -Rev. 5/30/03 -j) ATTACHMENT 1A f1 c O 5 -1~ - O 7 p O 1 · 4 9 Ry f ~ OJIL,Q__ ~ 'I Page 5 of 5 c~~m~f C JJr'1'3rf'lu,tion -fX, lf . {__~/7)5?'t'L2Lf 3 ($11) 66'-I 'L/55 ~ iTe;i;1e~ph~on~e";;an~d/~or~F~ax-;'--....::::::...:......:..:~:::...:::::...!...__!_:.~~ Address -fort Wor-ua Tx ity/State/Zip / aj :F~;f!re'i ca_, Qona+ser. c___o WJ ~,,'r o"'-:11------- - - - - - - - - - - - - - -Rev . 5/30/03 - - - - - - - - - - - - - - ATTACHMENT 1C Page 1 of 3 FORT WORTH "-,-•. City of Fort Wort~-I 7 -07p0 7 : 4 9 Rcv 0 Good Faith Effort Form o a-I-Se ,r p PROJECT NAME: PAVING, DRIANAGE, WATER AND SEWER IMPROVEME~TS ON KELLER HICKS ROAD City's M/WBE Project Goal: 20% PROJECT NUMBER DOE NO 5317 ; WATER NO . P264-602 150065383 ; SEWER NO P274-702130065383 Check applicable block to describe rime M/W/DBE If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. · If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE . (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"d tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 05 -17-07P01 :49 RCVD ATTACHMENT 1C Page 2 of 3 -2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE - - - - - - - - - - - - - - - - subcontractors and/or suppliers from the City's M/WBE Office. ~es __ No Date of Listing OJ...1 d.. (p 1_Q!]__ 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? --~s (If yes, attach M/WBE mail listing to Include name of firm and address and a dated copy of letter mailed.) __ No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ______0es {If yes, attach list to include ll!!!!! of M/WBE firm, person contacted, phone number and date and time of contact) __ No NOTE: A facsimile may be , used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is . to provide M/WBE name, date, time, fax number and documentation faxed. ' NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such ar~cl of opportunity, but not less than ten to be in compliance Vlfith questions 3 and 4. ,·, · , · 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? _.0es __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessarv, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection '~ I I ft ? ,fl_ I I _ no (1 ,J,JfJ( ()r. ./ ~ ,i A V"A ,, -- Rev. 05/30/03 - - - - - - - - - - - - - - - - - - ADDITIONAL INFORMATION: ATTACHMENT 1C 05-17-07P01 :48 ~CvJ Page·3of3 Please provide additional information you feel will further explain your good and honest efforts to .obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the~~B ~~~ ~~ Je__c(d, U2nCL±sec AolhQftzect Signature Printed Signat t ~res,'dea± Title Contact Name anttle (if different) Coacdf.er CnYls±w k+ioriJX, JJ Company Name ( '6l 1J5 3:':f -/7 ':{ 3 ran;, 5 ?.>'/ ~55 ~ ~one Number ax Number 'f 0. &x I 6.1./1:(<l Address r; { -t. LLl72l":l.b ,1 X 1 {, 114 City/State/Zip Rev . 05/30/03 BID PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: Mr. Charles R. Boswell City Manager Fort Worth, Texas For: PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS ON PHASE I OF KELLER HICKS ROAD (750' WEST OF RIDGEVIEW THRU AL TA VISTA INTERSECTION) CITY PROJECT NO . 00653 WATER PROJECT NO. P264-602150065383 SEWER PROJECT NO. P274-702130065383 D.O.E. NO. 5317 UNIT I -WATER IMPROVEMENTS UNIT 11 -SEWER IMPROVEMENTS UNIT Ill -DRAINAGE IMPROVEMENTS UNIT IV -PAVING IMPROVEMENTS Includes the furnishing of all materials (except as specified to be furnished by the City), equipment, labor, and incidental work for the installation of all improvements and appurtenant work shown in the plans and specifications and as required to provide a complete and serviceable project. Pursuant to the foregoing "Notice to Bidders", the undersigned bidder, having thoroughly examined the Contract Documents, including Plans, Special Contract Documents, and General Specifications for Water Department Projects, and the site of the project, understands the amount of work to be done and the prevailing conditions does hereby propose to do all the work, furnish all labor, equipment and materials (except as specified to be furnished by the City) necessary to fully complete all work as provided in the plans and specifications, and subject to the inspection and approval of the Engineering Department Director of the City of Fort Worth, Texas. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond as approved by the City of Fort Worth for the performance and completion of said work. Total quantities given in the bid proposal may not reflect actual quantities; rather they are a representation of project quantities based upon a reasonable effort of design and investigation. Said quantities are merely provided for the purpose of bidding upon and awarding the contract. Contractor proposes to do the work within the time stated and for the following sums: lof21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT I-WATER IMPROVEMENTS-P264-602150065383 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 1-1 . 60 LF Pipe-Pressure-6 Inch -Install ; PVC -Water Per Item D-52. 1 F"if.b-J Dollars and tJD Cents per LF $ fjQ.bO $ 3, oo::,.00 1-2 . 1 LS Pipe Pressure -Abandon ; Other -Water Per Item D-52 -rl.O o I hoY.f:.a ncl.-Dollars and NO .-Cents per LS $~£)?0,00 $ ~,C)00,00 1-3 . 1 EA Fire Hydrant -Remove ; ServiceCS -Water Per Item D-29 F,'vt U Lu.id t',ed. Dolla rs and NO Cents per EA $ 5ot).OO $ 5co,D0 1-4 . 34 LF Pipe-Casing-12 Inch -Casing P ipe-Bore/Jack w/ Pressure Grout -Install ; Iron -Water Per Item D-52. 3 IIWo UL(JJ cl tJA 8 ++"' Dollars and I NLJ Cents per LF $ c;}S().00 $i 15,o.oo 1-5. 1 EA Pipe-Pressure-a Inch -Lowering; Serv iceCS -Water Per Item SP-70 ....--. \.l c\ J.:o:fk..l r I ~LIN (Qc;!, Dollars and $ ~,5oo.oo NO Cents per EA $ tf {d) ,Ol? 2of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT I -WATER IMPROVEMENTS-P264-602150065383 PAY I APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID [j Keller Hicks Road Phase I ~ ~ ~ Paving, Drainage, Watar and Sewer Improvements (DOE No. 5317) ,f}{\,1C .Q . 1 < --UNIT 1-WATER IMPROVEMENTS -P284-602150065383 :.:.:=..·) ~-.eAY...., "AeeBOtlMAIE: .. O.ES..C..BUID.O.N.OEJTEMS _VY[[H.BID ________ .,M~l;T,.P.RI._C_I;.,, """"~Q~.NJ.'"~ ITEM QUANTITY PRICES WRITTEN IN VVORDS -BID l-8. 2EA Vslve -4 Inch -cut In Gate -wNm Box ... Install; lmn-Water P9r Item D-52 .>/:( li v,.,() ~ IJ Dollars and o" "" po Cents per EA $ too-$ / 2rJP.--- 1-7 . 0.36TN Pipe Flttlngs<Than 18 Inch DI Pipe-Install; Iron -WatfJr Per Item IJ.52 ~vl 7ft ~ (/J~,.,./l Dollars and o• -¢ ~o Cents per TN $ 'fbCO $ /1~ 1-8. 2EA cut and Plug 8" Water Line; IID11 -Water Par Item IJ.52 ()lie, -;/J)p,l!if#tfrlil flv,tl Je/J ,~ -· .. p ,.Dollar& and 0~ c1f.- ,,(/ 0 Cents per EA $ f..SOt $ 3 (}~() 1-9. 3EA water Service -1 Inch -Replacement; COpp&r-Water Per Item D-52 j;,~ lfv,., /}le tJ Dollar& and o' ~ /(,f) CentaperEA $ / (J() -$ If (JI UNIT I -WATER IMPROVEMENTS SUBTOTAL (Forward to Bkl Summary Page) $ d ).i Cf'DD. oO ~ 3of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT II -SEWER IMPROVEMENTS -P274-702130065383 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 11-1. 33 LF Pipe-Sewer-12 lnch-SDR26 (All Depths) - Install ; PVC -Sewer I Per Item 0-28 S<1vet1-+ ::l Fl~ Dollars and ~D Cents per LF $ j_'5,00 $ a~ 1s,"" ' 11-2. 823 LF Pipe-Sewer-8 lnch-SDR26 (All Depths) - Install; PVC -Sewer Per Item 0-28 s;~3-~ Dollars and NO Cents per LF $ {rn,DO $ lf~~m.°l) 11-3 . 50 LF Pipe-Sewer-6 lnch-SDR26 (All Depths) - Install ; PVC -Sewer -Per Item 0-28 5'f±i r.w_ Dollars and i\lD Cents per LF $ &5~.DD $ :J.,]'50.00 11-4 . 42 LF Pipe-Casing-16 Inch-Casing Pipe-Bore/Jack w/ Pressure Grout -Install; Iron -Water Per Item 0-52.3 ~().JJIJ A.\rJ .. aACi12h~J Dollars and \J I ND Cents per LF $ o<.~Q.Oo $ LL 7W.0° , 4of'21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT II -SEWER IMPROVEMENTS-P274-702130065383 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 11-5. 48 LF Pipe-Casing-12 Inch-Casing Pipe-Bore/Jack w/ Pressure Grout -Install; - Iron -Water' Per Item D-52. 3 1wvHu&ir0 h f-11 Dollars and ~o Cents per LF $ d~.oo $ /~,{U)pf) J 11-6 . 3 EA Manhole-Std 4 Ft Diam -(0 to 6Ft Depth) - Install; Concrete -Sewer Per Item D-27 6: f + r.e.t:J. !-/ 1.t M r'eC:L Dollars and NQ Cents per EA $ t 'Sf){), OD ' $ ':i St;(),@ -, 11-7. 3 EA Manhole-Watertight Insert -Install ; Other -Sewer Per Item D-27 - o!~llue~d~ Dollars and 1\)0 Cents per EA $ /Ob,DO $ 3DO,oo .- 11-8. 3EA Collar-Manhole -Install; Concrete -Sewer Per Item 0-27 --fh<a tJ~JJ ~NA Dollars and h}O Cents per EA $ ?m.OC) $4Do .oo 11-9. 3EA Manhole-Vacuum Testing -Service ; ServiceCS -Sewer Per Item D-36 'uhlQ .. UuNCtrQ-! Dollars and :hlO Cents per EA $ /[JD.,oo $ ~~.oo 5of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT II -SEWER IMPROVEMENTS -P27 4-702130065383 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 11-10. 28VF Manhole-Std 4 Ft Diam-Added Depth -Install ; Concrete -Sewer I Per Item D-27 D>J£_.Uul-dred Fi.ft '-l Dollars and I 1'50· 00 $ '£ ;;. ct:), tf) NQ Cents per VF $ 11-11. 162 SY Pavement-2 Inch HMAC on 6 Inch Flex Base- Temporary -Install; Asphalt -Sewer Per Item D-25 '/~lve-Dollars and p;_O Cents per SY $ LJ., OD $ /, Cjfrt. OD ... 11-12 . 905 LF Inspection-Post Construction Cleaning & TV - Study; ServiceCS -Sewer -Per Item 0-38 --n,re.L Dollars and NO Cents per LF $ 3 .oO $ ~,t1 J 5 ° t> V 11-13. 905 LF Trench Safety System 5 Foot Depth -Install ; ServiceCS -Sewer Per Item D-26 .,,-.-lwo Dollars and Nt:) Cents per LF $ d.ob $ L~Jo.oo ) UNIT II -SANITARY SEWER IMPROVEMENTS SUBTOTAL er:>, Q 34. OD (Forward to Bid Summary Page) $ ' 6of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT II -SEWER IMPROVEMENTS-P274-702130065383 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE ITEM QUANTITY PRICES WRITTEN IN WORDS CITY APPROVED PRODUCT AND METHOD CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED: STAN~SPEC. LL_E1-31 E1-25 ----- _____ E1-27 _____ E1-28 E100-2 ----- Consult the "Cit of Fort Worth, Texas Standard Product List" SPEC. NO. 4" thru 30" 4" thru 15" 4" thru 15" 18" thru 27" 18" thru 48" AMOUNT BID Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project. Any substitution shall result in the rejection of bid as non-responsive. 7of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT Ill -DRAINAGE IMPROVEMENTS -W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITIEN IN WORDS BID II 1-1 . 255 LF Box Culvert-Precast-6 'x4 ' -Install ; Concrete -Dra inage Per Item GP-441 H><.t c_ /d.u rJdled Dollars and p.J.O Cents per LF $ !fJXJ .rJ> $ Lr;;.. .ctrJ~ • 111-2 . 442 LF Pipe-54 Inch-CL Ill -Install ; Concrete -Drainage Per Item GP-440 ~o J.J" >Jrl ,bl S~Hl al ars and }JD I $ ~ics.oo $ I ;JJ, 5':fJ.()() Cents pe r LF 111-3 . 237 LF Pipe-48 Inch-CL Ill -Install ; Concrete -Drainage Per Item GP-440 ~ .JI lJ fJ d N.r-1 Dollars and NO .-Cents per LF $ c:J.oo.oo $ 1z~lfX).oo 111-4 . 30 LF Pipe-42 Inch-CL Ill -Install ; Concrete -Dra inage Per Item GP-440 0.A>'LYu~dr~ h .f+~ Dollars and No Cents per LF $ 150.00 $'i flJ6· oo -, 111-5 . 70 LF Pipe-33 Inch-CL Ill -Install ; Concrete -Drainage Per Item GP-440 0~ .+fuNctre.A Dollars and lJO Cents per LF $ (00.00 $] rro.oo -; 8of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT Ill-DRAINAGE IMPROVEMENTS-W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 111-6 . 70 LF Pipe-30 Inch -CL Ill -Install ; Concrete -Drainage I Per Item GP-440 N i~e.J.-i Dollars and tj{J_,00 $ ~ 3«;.00 ~ Cents per LF $ f 111-7 . 218 LF Pipe-24 Inch-CL Ill -Install; Concrete -Drainage Per Item GP-440 Severl-f~ Dollars and NO Cents per LF $ 70,00 $ t '5 ,~/rl).~ .... 111-8. 125 LF Pipe-21 Inch-CL Il l -Install ; Concrete -Drainage Per Item GP-440 S;x-1-~ Dollars and . 610 Cents per LF $ /oO.DD $ 1l 50() ()C. 111-9. 1 EA lnlet-lnline-20 Ft -Install ; Concrete -Drainage Per Item SP-66 & GP-444 ior-L~ R >tA-luNclrtd Dollars and ND Cents per EA $~ 1 5or>.OO $~~t,,oD 111-10 . 2EA lnlet-lnline-15 Ft -Install; Concrete -Dra inage Per Item SP-66 & GP-444 -1h; <-'-'-f b &llu I\X1{1N)ollars and $~Soo.oo $ ·:f./Xi) ,O?> No Cents per EA I 9of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT Ill -DRAINAGE IMPROVEMENTS -W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 111-11 . 1 EA Inlet-Drop-4 Ft -Install; Concrete -Drainage I Per Item SP-66 & GP-444 .:rh ret~ lhou.sa a;J. Dollars and ci O Cents per EA $ ~r£OD'0 $ 3 fXX>,oo -, --, 111-12 . 1 EA Headwall-42 Inch Pipe w/ Concrete Apron- Install; Concrete -Drainage Per TxDOT Detail F,' J€... } hC)u..sa V'\ct. Dollars and N O Cents per EA $~.oo Q000,00 111-13 . 1 EA Headwall-30 Inch Pipe -Install; Concrete -Drainage Per TxDOT Detail lwo 1ht)" c;o. rd. . Dollars and ~o Cents per EA ~/)Q().o-n $~{1X). ()Z) 111-14. 4 EA Headwall-24 Inch Pipe -Install; Concrete -Drainage Per TxDOT Def~ Dollars and &jn1 e<2,, uAo.tect $ 7,dCIJ·oc N O Cents per EA $•( &r),00 \ 111-15 . 1 EA Headwall-21 Inch Pipe -Install; Concrete -Drainage Per TxDOT Detail S;x.\ee tJ ~ U ~ Mc1 Dollars and M) Cents per EA $ f lrlt)~OO ' $ l,k>C0,01) 10of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT Ill -DRAINAGE IMPROVEMENTS -W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 111-16. 1 EA Manhole-4 Ft -Install ; Concrete -Drainage I Per Item GP-444 fur-I~ Five... UuNOr.ed.. Dollars and N-0 Cents per EA $ #i Cffj,O'O $ '-f' 500,01/J 111-17. 1 EA Manhole->4 Ft -Install ; Concrete -Drainage Per Item GP-444 01\W .. -n,~"'d Dollars and pJO Cents per EA $ [,Dm,OD $ l.a:o· t{) 111-18 . 110 SY RipRap -Install; Other -Drainage PerDA-39 SeueYlf f 8J€.... Dollars and ~5-00 $ ~ J.~o .CD ~v Cents per SY $ • 111-19 . 1,447 LF Trench Safety System 5 Foot Depth -Install ; ServiceCS -Sewer if >5' Depth Per Item GP-525 ~o Dollars and tJO Cents per LF $ ;;?.tJb $ d I R&J'f: ()0 UNIT Ill -DRAINAGE IMPROVEMENTS 35 8 . .LJ5i../. 00 (Forward to Bid Summary Page) $ 1 lof21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT IV -PAVING IMPROVEMENTS -W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID IV-1 . 2 EA Sign-Project Designation -Install; ServiceCS -Street I Per Item SP-69 s;x Uu 1'J d f'.eci Dollars and [\JO Cents per EA $ (d:oPO $ /, J_cv.DO IV-2 . 23,600 CY Pavement-Unclassified Street Excavation - Remove ; ServiceCS -Street Per Item SP-41 Fou( Dollars and N'O Cents per CY $ -!J_.bD $9J( '/D0.~D • IV-3. 7,094 SY Pavement-Asphalt -Remove; ServiceCS -Street Per Item SP-53 . lh~fe_ Dollars and tJO Cents per SY $ 3 .oD $ d./. ;)BJ. ol ,p IV-4 . 50 SY Pavement-Concrete -Remove ; ServiceCS -Street Per Item SP-53 E'fghb Dollars and ~_oo l/a)PO /'JO Cents per SY $ $ • IV-5 . 23,600 SY Subgrade-6 Inch-Lime Stabilized-30 lbs/sy - Install ; Lime -Street Per Item SP-50 .-.-- Lu.JO Dollars and S;-1-1--.1-0Je ~ Cents per SY $ ;)./"5 $ taJ,5</D.tt. I I 12of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT IV-PAVING IMPROVEMENTS-W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID IV-6. 354 TN Subgrade-Lime for Stabilization -Install; Lime -Street Per Item SP-50 ~dl'E\'.DIM!Ji Dollars and [:J..'Q..oo $ 4J. 'I~.~ tvO Cents per TN $ IV-7. 15,435 SY Pavement-12 Inch -Install ; Concrete -Street Per Item SP-42 F6fk'} Ni ,..;e__ Dollars and 1./'J. 00 $ 25~311~ 1'112 Cents per SY $ IV-8. 815 SY Pavement-6 Inch -Install ; Concrete -Street Pe r Item SP-56 -rbi(-bi Dollars and .:f2_.o6 $~JJ.s}1) bJO Cents per SY $ IV-9 . 116 SY Pavement -6 Inch-Install ; Asphalt -Street Per Item SP-51 --11, i r+·J ti~ Dollars and I ~.ob $ L/JJY).00 /)).0 Cents per SY $ " IV-10. 145 LF Pavement-Header -Install; Concrete -Street Per Item SP-42 -r11~t')i'1 Dollars and . I ~o.oo /JU Cents per LF $ $~jq(f). co 13of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT IV -PAVING IMPROVEMENTS -W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID IV-11 . 4 ,400 LF Curb-7 Inch -Install ; Concrete -Street Per Item SP-44 ---rwo Dollars and Cents per LF $ ~.oo $ 3 8DD·a5 'I IV-12. 225 LF Curb & Gutter-7 Inch w\18 Gutter-Install; Concrete -Street Per Item SP-60 --Twen~1 Dollars and c,?Q.00 $ 4,SXJ.oD JJ'D Cents per LF $ IV-13. 1 LS Pavement Silicone Joint Sealant -Install ; Serv iceCS -Street Per Item SP-43 c 13 h-b}ho"Sa rd Dollars and $ B:ooo.ro Nt'J Cents per LS $ ~Cl)oOD t IV-14 . 1,100 TN Pavement-Transition-Min 6 Inch HMAC - Install; Asphalt -Street Per Item SP-47 ;J/;1 e 1:>f Dollars and °lo.Ob $ qqrm.oo JJQ Cents per TN $ ~ IV-15. 1 EA Walk-ADA Wheelchair Ramp -Install; Concrete -Walkway Per Item SP-58 ~iliund~ d \:~:\:, Dollars and &so.co $ g5:0~ ~,o Cents per EA $ 14of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT IV-PAVING IMPROVEMENTS-W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID IV-16 . 14,300 SF Walk-4 Inch Depth-Install; Concrete -Walkway I Per Item SP-52 ~o Dollars and ~-Pt>ovHJ h\W I Cents per SF $ ;),15 $ SC/1 3::t/~ IV-17 . 690 LF Fence -Remove ; ServiceCS -Land Per Item SP-59 --Jh,~ Dollars and NO Cents per LF $ 3.00 $ d.020.r.o , IV-18 . 690 LF Fence -Install ; Other -Land Per Item SP-59 H,}.L Dollars and . NO Cents per LF $ 5.00 $~4E5D.0D IV-19. 25 EA Pavement Markings-Turn Arrows -Install ; Other -Street Per Item DA-69 0 ~]u ,J\t(O i,e,,ty NIM.Dollars and fJS.Db $ 3 JJ:5.oo N'O Cents per EA $ I IV-20. 525 EA Pavement Marking-Land Markers Type II-AA- 4 -Install ; Assembly -Street Per Item DA-69 .---: \-:\I e__ Dollars and r-. &-\~ I Cents per EA $ 5.SO $J,8&'150 15of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT IV-PAVING IMPROVEMENTS-W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITIEN IN WORDS BID IV-21 . 1,528 EA Pavement Marking-Land Markers Type Y-4 - Install; Assembly -Street I Per Item DA-69 "/h(et_l! Dollars and bJV Cents per EA $ 3.0D $ 4 /5 'i'/;0 1) IV-22 . 138 EA Pavement Marking -Land Markers Type 11-C-4 -Install ; Assembly -Street Per Item DA-69 Ft\l'-C Dollars and ]="'; &-} .J Cents per EA $ 5,so $ ',5/.oV IV-23 . 360 EA Pavement Marking-Land Markers Type W-4 - Install ; Assembly -Street . Per Item DA-69 ~hh(oo Dollars and ~f) Cents per EA $ ,3.00 $).03;.oO _, IV-24. 130 LF Pavement Marking-Stop Bar-White-18 Inch - Install ; Other-Street Per Item DA-70 ~ Dollars and Cents per LF $ i.60 s J lo<J{). ao IV-25. 2,750 LF Pavement Marking-Striping -Install; Other-Street Per Item DA-70 ivo~ Dollars and . p\·a n-l. ,J Cents per LF $ o,go $ ~,d w.OD l I I I 16of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT IV -PAVING IMPROVEMENTS -W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID IV-26 . 250 LF Pavement Marking-12 Inch Crosswalk Line- White -Install; Other-Street Per Item DA-70 ~1JeV1 Dollars and JvV Cents per LF $ 7_00 $ l ~s:;/D I IV-27 . 2 ,562 LF Pavement Marking-4 Inch Edge Line-White - Install; Other-Street Per Item OA-70 0~ Dolla rs and L·oo t:6 NV Cents per LF $ $~,~~· IV-28. 3 EA Mailbox -Remove; ServiceCS -Street Per Item SP-61 -rrw:o )_/[J ~rJ ~ Dollars and 1...,0 Cents per EA $~tP $ baJ.00 J IV-29 . 3 EA Mailbox -Install ; Assembly -Street Per Item SP-61 s~~ w~u~d(QcA Dollars and ~o Cents per EA $ ld;[J_.o-o $1/5to00 IV-30 . 1 LS Storm Water Pollution Prevention Plan > 1 Acre SWPPP -Install; Other -Drainage Per Item SP-68 M ~-r'hOllSar'\d Dollars and D!Q Cents per LS $ t5t>DJ.OD • $ 5 ,ooo-'10 17of21 Keller Hicks Road Phase I Paving, Drainage, Water and Sewer Improvements (DOE No. 5317) UNIT IV -PAVING IMPROVEMENTS -W1925 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID IV-31 . 4 EA Manhole Adjustment -Services; ServiceCS -Sewer I Per Item SP-73 /LOO Ut.wd~ Dollars and NO Cents per EA $ aw.tP $ '2a>co IV-32 . 6 EA Valve Box-Adjustment -Services; ServiceCS -Water Per Item SP-72 (') ]JQ.., u l< cld (£)0 Dollars and ,co oO oo ~Q Cents per EA $ tOV· $ IV-33 . 1 LS Signs and Barricades -Install ServiceCS -Street Per Texas MUTCD -~.Y'H "lht)1i<..ard Dollars and . I I"'\ n Cents per EA $~,CrDoo $aopro.0° ... UNIT IV-PAVING IMPROVEMENTS (Forward to Bid Summary Page) $ J. M>l 8CR .so . 18of21 BID SUMMARY UNIT I -WATER IMPROVEMENTS SUBTOTAL (1) $ ~5, C/00. OD UNIT II -SANITARY SEWER IMPROVEMENTS SUBTOTAL (2) $ 9 'j1 0 3tj-. DD UNIT Ill -DRAINAGE IMPROVEMENTS BASE BID -SUBTOTAL (3) $ 6 jg- 1 L.J Efj. DD :J' UNIT IV -PAVING IMPROVEMENTS BASE BID-SUBTOTAL (4) $ )~M ~t ~~.5D PROJECT BID TOTALS PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS (1 +2+3+4) $ I 701 1 'f i. 50 . ,I 19of21 Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant plans . The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400 . The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 120 Working Days after beginning construction as set forth in the written work order to be furnished by the Owner. Liquidated damages shall be assessed as indicated in section C7-7.10. (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. p{ B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 20of2I Receipt is acknowledged of the following addenda: Addendum No. 1 _/ _ ____.~.._____,......---- Addendum No. 2 v /Z, AddendumNo.3 =/====~========= Respectfully submitted , By: __ '----,-'""""--,,,-___,.,,...._ _____ _ litrer~~ AddressTo. Bot l62.fLlt (SEAL) If Bidder is Corporation Date: 5} 17} bJ I fQ{b tvv&:i~i /Col\', -END OF PROPOSAL- 2lof21 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders . This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident 's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications . The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A . Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in __________ (give State), our principal place of business , are not required to underbid resident bidders. 8 Our principal place of business or corporate offices are in the·State of Texas.~ BIDDER: (Please' 'J l, II') Si~nrre: ~~ ~ Titl:-=r ( es~ clQ Dt Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION SECTION B UNIT I -WATER IMPROVEMENTS UNIT II -SANITARY SEWER IMPROVEMENTS Special Instructions to Bidders Part C -General Conditions Part C-1 -Supplemental Conditions to Part C General Conditions Prevailing Wage Rates Compliance with Prevailing Wage Rates Part D -Special Conditions Part DA -Additional Special Conditions SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids . This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation : a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared , the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such . e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) · Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered . g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification . 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount ofnot less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$I00,000 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 proofrequired herein. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3 .7 . 4. WAGE RA TES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: 09/10/04 1 (a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code, including the payment ofnot less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 , Texas Government Code. Such prevailing wage rates are included in these contract documents . (b) The contractor shall , for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonab le hours for inspection by the City. The provisions of Right to Audit, under paragraph L of Section Cl : Supplementary Conditions To Part C - General Conditions, pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above . (d) With each partial payment estimate or payroll period , whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 22 58 , Texas Government Code . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . 5 . AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the ri ght to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6 . BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7 . NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located . "Nonresident bidder" means a bidder whose principal place of business is not in this state , but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state . This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8 . PAYMENT: If the bid amount is $25 ,000 .00 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City . 9 . AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification , retirement plan or statutory requirement. 09/10/04 2 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and /or its subcontractors' alleged failure to comply with the above referenced Policy , concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and /or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with AD A's provisions and any other applicable federal , state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City ofFort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and /or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date . The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and /or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time ofnot less than three (3) years. 12. FINAL PAYMENT. ACCEPTANCE AND WARRANTY: a . The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c . The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. 09/10/04 3 d. The warranty period shall begin as of the date that the final punch list has been completed . e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. I g . In the event of a dispute regarding either final quantities or liquidated damages , the parties shall attempt to resolve the differences within 30 calendar days . 09/10/04 4 Cl-1 Cl-1.1 Cl-1.2 Cl-1.3 Cl-1.4 Cl-1.5 Cl-1~6 Cl-1.7 Cl-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 Cl-1.21 Cl-1.22 Cl-1.23 Cl-1.24 Cl-1.25 Cl-1.26 Cl-1.27 Cl-1 •. 28 Cl-1.29 Cl-1.30 Cl-1.31 Cl-1.32 C2-2 c2-2.1 · c2-2.2 C2-2.3 C2-2.4 C2-2.5 ·c2-2.6 PART C -GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works . Director, City Water Department Engineer _ ._, .·· .. Contractor Sureties • The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form ........ , . Interpretation of Quantities Examination of Contract Documents and Site Submitting of Proposal Rejection of Proposals Bid Security ( 1 ) c1~1 Cl) Cl-1 Cl) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 C 2 .) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 .C4) Cl-l (4) Cl-1 .. (4) Cl-1 (4) c1j1 ='·(s> Cl-1 . (6) Cl-1 .(6) Cl-1 (6) Cl-1 ·(6) Cl-1 . (6 > Cl-'! (6) . c2-2 .,1 > c2.:2 ·'·<'1 > C2-2 (2) - c2-2 <3> C2-2 (3) C2-2 (3) - C2-2.7 C2-2.8 C2-2.9 C2-2.10 c2-2.11 C2-2.12 C3-3 C3-3.l C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 C3-3. ll. C3-3.12 C3-3.13 CJ-3.14 CJ-3.15 C4-4 C4-4.l C4-4.2 C4-:4.3 C4-4.4 C4-4.5 C4-4.6 C4-4.7 C5-5 cs-s.1 cs-s. 2 CS-5.3 CS-5.4 CS-5.5 CS-5.6 CS-5.7 CS-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 Delivery of Proposal Withdrawing Proposals Telegraphic Modification of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders AWARD AND EXECUTION OF DOCUMENTS Consideration of Proposals Minority Business Enterpise women-Owned Business-Enterprise compliance Equal Employment Provisions Withdrawal of Proposali Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to ~xecute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operations Progress Schedules for .Water and Sewer Plant Facilities CONTROL OF WORK AND MATERIALS Authority of Engineer . Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectification Work Field Office Construction Stakes Authority and Duties of Inspectors : ·-.~ .... 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 Responsibility of Contractors Cleanup Final Inspection ( 2 ) C2-2 (4 ) C2-2 C 4) C2-2 ( 4) C2-2 (4) C2-2 (4) C2-2 (5) C3-3 Cl) C3-3 Cl> C3-3 Cl) C3-3 (2) C3-3 (2) C3-"3 ( 2) C3-3 (2) C3-3 (4) C3-3 (4) C3-3 ( 4) C3-3 (4) C3-3 (7) C3-3 C7) C3-3 (7) C3-3 (8) C4-4 Cl) C4-4 Cl) C4-4 C 1) C4~4 (2) c.f-4 c 2 > C4-4 .C3) c"4~~4. ( 4) CS-5 Cl) cs-s (1) cs-s (2) CS-5 (2) CS-5 (3) CS-5 C3) cs-s (3) cs-s C 4 > cs.;;.·s. ·1 s > cs.:..s C 5 > CS-5 (5) CS-5 _(6) CS-5 (6) CS-5 ··( 7) CS-5 (7) CS-5 C 8) CS-5 ( 8) CS-5 ( 9) C6-6 C6-6.l C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.ll C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 CG-6.19 CG-6.20 CG-6.21 C7-7 C7-7.l C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.ll C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 CB-8 CB-8.1 CS-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment of Relocation of Pubiic Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for 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 Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to Nat'ional Emergency Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities Unit Prices ( 3 ) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 (8) C6-6 (8)_ C6-6 (10) C6-6 ( 10) C6-6 (10) C6-6 (11) C6-6 (11) C6-6 C 11) CG-6 (12) C6-6 (12) CG-6 (12) C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (4) C7-7 (4) C7-7 (4) C7-7 (5) C7-7 (6) C7-7 (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10) C7-7 (13) C8-8 Cl) C8-8 Cl) CS-8.3 C8-8. 4 CS-8.5 C8-8.6 CB-8.7 CB-8.8 CB-8.9 C8-8.10 CB-8.11 CB-8.12 CB-8 .. 13 Lump Sum Scope of ·Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adqµacy of Design General Guaranty ,•, Subsidiary Work Miscellaneous Placement of Material Record Documents . ,• . ' ( 4) • I CS-8 (1) CB-8 (1) CB-8 (2) CB-8 (3) CB-8 (.3) CB-8 ( 3) C8-8 ( 4) CB-8 (4) CB-8 C 5) CS-8 .(5) CB-8 (5) ' . 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 all of the written and drawn doc~ment~; such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A -NOTICE TO BIDDERS PART B -PROPOSAL (Sample) (Sample) PART C -GENERAL CONDITIONS (CITY) PART D - PART E - (Developer) SPECIAL CONDITIONS SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT (Sample) (Sample) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents anp._ include the ·£allowing items: PART A -NOTICE TO BIDDERS (Advertisement) Same as above PART B PROPOSAL. (Bid) PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT PART H -PLANS (Usually bound separately} Cl-1 (1) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the wotk contemplated under the Contr~ct Documents constitutes the notice to bidders~ ·Cl-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 -~fficially 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. Wherever there may be a con£ lict between the General ·, Conditions and Special Conditions, the latter shall take precedence and shall govern. 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 Genetal Co~ditions and other el~ments of the Contract Documents they provide the information which the Contractor and Owner should have in .order to gain a tho.rough knowledge ·of the project. Cl-1.B SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all" materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl~l.9 BOND: The bond or bonds are the written guarantee or security furnished by .the Contractor for the prompt and Cl-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) Cl-1.10 CONTRACT: The Contract is the .formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract ·Documents. Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the·contract Documents just as though they were bound therein. 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 Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. cl-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, Tex~s. Cl-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. Cl-1 ( 3) Cl-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of th e City of Fort Worth, referred to in the ,Charter as the City Engineer, or his duly authorized representative.· Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water bepartment of the City of ?ort Worth, Texas, or his duly authorized representative, assistant; qr agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City · Water Department, or ~heir duly ~uthorized as~istants, agents, engineers, inspectors, or superintendents, acting· within the scope of the particular duties entrusied to them. · Cl-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a . duly authorized representative. ~ sub-contractor is a person, firm, corporation, or others under contract with the princip~l contractor, supplying labor and materials or only labor, for work at the site of the project~ Cl-1.21 SURETIES: The Corporate bodies which are·bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and ·. all requirements as set forth in the Contract Documents and approved changes therein. Cl-1.22 THt WORK OR PROJECT: Th~ completed work contemplated in and ccivered 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 def.ined as a cale n dar day, not including Saturdays, Sundays, and legal holida~~' in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.rn., 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 holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: Cl-1 (4) 1. 2. 3. 4 . 5. 6. 7. 8. 9. New Year's Day M. L. Ring, Jr. Birthda~ Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - ASCE LAW ASTM AWWA ASA HI Asph. - Ave. Blvd. CI CL GI Lin. lb. MH Max. American Association of MGD State Highway Transportation Officials American Society of Civil Engineers In Accordance With American Society of Testing Materials American Water Works Association American Standards Association Hydraulic Institute ~sphalt Avenue Boulevard Cast Iron Center Line Galvanized Iron Linear or Lineal Pound Manhole Maximum Cl-1 (5) -Million Gallons Per Day CFS -Cubic Foot per Second Min. -Minimum Mono.-Monolithic % Percentum R -Radius I.D. -Inside Diameter O.D. -Outside Diameter Elev.-Elevation F -Fahrenheit C Centigrade In. Inch Ft. -Foot St. -Street CY -Cubic Yard Yd. -Yard SY -Square Yard L.F. -Linear Foot D.I. -Ductile Iron Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deduc~ed item or feature which may be found necessary and which was not specifically included in the · scope of the projebt 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 prep~red by the City from information as necessary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. 2. 3 . 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or without ~eparat~ base material. Brick, with or without separate base material. Concrete, with or without separate base material. Any combination of the above. Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." Cl-1.30 CITY STREETS: 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') feet back of the curb lines or four ( 4' ) feet back of the average edge of paverrient where no curb exists. Cl-1. 3 2 GRAVEL STREET: A gravel street is any unpaved str.eet 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 i~provement was made . . Cl-:1 (6) SECTION C -GENERAL CONDITIONS · C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.l 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 hav& been so prepared as to reflect the current financial status. This statement must be current and not more than one C 1) year old. In the case that a bidding date falls within the time a new · statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the fir~ seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five '(5) years prior to the date on which are to be received. 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 C2-2(1) forms or other parts of the Contract Documents will be considered as approximate only and will be used fo r the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor 1or onli the actual quantities of wcirk performed or materials furnished in strict accordance with -the Contract Documents and Plans. The quantities of work to be performed and materials to be furnish~d may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. · · C2-2. 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Biddei~ ar~~d~i~ed that th~ Contiact Docum~nts bn file with the Owner shall constitute all of the information whic h the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by theii own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a ~omplete knowledge of the , conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all ~ttending circumstances affecting the cost of doing the work or the time requi~ed for its completion, and obtain all information required to ma k e an . intelligent proposal. No information given ·by the ow'ner or any representative of the Owner other than that contained in the .Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner~ Bidders shall rely exclusively and s .ol.e .ly .up .on t .heir .own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests · herein required. Claims for additional compensation .due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) -· Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices written in ink in both words and numerals, for which h~ proposes to do the work contemplated or furnishe the materials required. All such pr ices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the pric~ most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him {her) or his Cher) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. ~he corporate seal must be affixed~ Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and ·, submitted with the proposal. C2-2.S REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal ·will be con~idered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2{3) C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Secarity, to the City Manager or his representative in the official p~ace of busines ,s as set forth in the "Notice to Bidders. 11 ·· It is the Bidder's sole responsibility to d·eliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and ·the name or descript.i,on of the project as . designated in the "Notice to Bidders." The envelope shall be addressed to t~e City Manager, City Hall, Fort ~orth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City - Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. · C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communi~ation at any iime . 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 .biddei was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, ho further consideration will be given to the proposal. C2-2 .10 PUBLIC OPENING OF -PROPOSAL: -Proposals which have been properly filed and for which no "Non-consideration Request 11 has been received will be publicly opened and reid aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." ill ~roposals . which have been opened and read will remain on file with the Owner until the contract has been awarded .. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2 .11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they sho-w any omissions, alterations of form, additions, or conditions not called . for, unauthorized alternate bids, or irregul3.rities of any kind. However, the C2-2(4) • Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be w~ived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment ·schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the -one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened . C2-2(5) PART C -GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 .1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quot~d amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe 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 a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for · bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 Cl) .. Th~ Contractor shall post the required notice to that e ffect 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 h~ve on file in his offica to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF -PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were .opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals~ and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee ... The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective unt i l the owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: ~s 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 ~etained by the Owner uniil 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 suffi .cient . performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, ·guaranteeing the full and faithful execution of the · work and perfo~mance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence o f the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) bond shall guarantee the payment for all labor . . ' materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. · c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other boids 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 .fur..nis.hed .. by .. the Owner and shall be executed by an approved surety company doing business in the - City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list ·of acceptable sureties, and the amount of bond written by any one · acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and.have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days a£ter the owner has by appropriate resolution, br otherwise, award~d 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. b.e .bindin.gupon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impraciicable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds irid contract within ten (10) days, the proposal securi t y accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provis1on by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail , to commence work at the sit~ of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", ·it is agreed that the Surety Company w i 11, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C"3-3 .11 INSURANCE: The Contractor shall not commence work under this contract until ~e has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractors 1 C3-3 (4) certificate of insurance for approval. The prime contractor shall -indicate on the certificate of insurance included in the documents for exec~tion 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. b. c. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Co~pensation Insurance on ail 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 cont.ract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the prot~ction of such of his employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintai_n during the life of this contract Contractor's Comprehensive General Liability Insurance. (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, ·including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. 2. 3. 4. Contingent Liability (covers General Contractor's Liabili~y for acts of sub-contractors). Blasting, prior to any blasting being done~ Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). Damage to underground utilities foe $500,000. C3-3 (5) e. f. g. 5. 6. Builder's risk (where above-ground structures are involved). Contractual Liability (covers all indemnification requirements of Contract). AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure .and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250;000 for injuries including accidental death to any one person and subject to the same limit for each person an amount -not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may aris~ from operations under this contract, whether such operations be by the insured or by anyone directly or iridirectly _employed by him, and also against any of the f'ollowing special hazards which .may be encountered in .the performance of the Contract. · PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory · proof of coverage by insurance required in these Contract . Documents in amounts and by carriers satisfactory to the Owner. (Sample at~ached.) All insurance requirements made upon the Contractor shall apply to the sub-contractor, should the Prime Contractdr's insurance not cover the sub-contractor's woik operations. LOCAL .AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, .payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located ~ithin the city limits of the C3-3 (6) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must havo authority and power to act on behalf of th; insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local ag~nt or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified.copy of each payroll covering payment of wages to all person engaged in work -0n the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll perioj. A co9y or copies of the applicable minimum wage rates as sat £orth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be-furnished the Contractor, by the Own~r; however, pos~ing and protection of the wage rates shall be the responsibility ·of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the oerformance of the Contract. This local authority shall be ;ade resoonsible to act for the Contractor in all matters pertaini;g to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and dir3cted, to settle all material, labor or other expenditures, all claims against the work or any other C 3 -3 (7) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such l ocal authority for administration of the work under the Contract shall be maintained until all busih~ss transactions exe~uted as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any woik on the project, all appropriately signed and sealed, as applicable, by the Contractor's respon's ·ible officers with the understanding that this written assignment of authority to i · local representative shall become ~art of the projeet Contract as though bound direetly into th~ project documents. The intent of these requirements is that all matters assoc i ated with the Contractor's administration, whether it be oriented .Jn 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 £ail to perform to the satisfaction of Engineer, the Engineer, .at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local a-0thority satisfactory to the Engineer is assigned~ No ~redit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinundet shall be exclusively in Tarrant County, Texas. C3-3 (8) -- SECTION C4-4 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.l INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor ·shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project .. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then ''Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 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 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work.'' No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) waiving pr invalidating any conditions or provi3ions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying ~o the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such . changes in the Contract Documents and in the character or quantities of the work as may be necessary or:-de~_irable ~o 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 whol~. Such changes shall not be considered as waiving or invalidating any condition or provision 6f 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 i~ the Contract Documents, shall be defined as "E~tra Work" and shall be performed by the Contractor in accordance with thes~ Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Chan~e Or der" shall be executed or written order issued by the Owner to .do the work for payments or credi t s as shall be determined b y one or more combination of the following m,:thods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of Cl) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of Am e rica 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 f ixed fee to be agreed upon but not to eKceed 10% of the actual cost of such extra work. The fixed fee is not to include any addi~ional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover ·t:::he cost of superintendence, overhead, other profit, gener~l and all other expens~ not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) suggested by the Owner and shall access to all accounts, bills, r~cords relating to the Extra Work. give the Owner vouchers, and No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written ordets authorizing s~ch Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor -· shall file his claim with the Owner within five (5) days before the time for making the first estimate after su·ch work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans show~ng the actual installation. The compensation agreed upon for 'extra work' whether or not iniitiated by a 'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs ace known, unknown, foreseen or unforeseen at that time, includi~g without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a r~sQlt or the change or extr~ work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Own:r 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 estimat~s ar~ to be expected. Ther~ C4-4 (3) shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on B~l/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 fir3t monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of material3, plans, and equipment) and the contemplat~d 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 pr 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 i~tervals as directed by the Owner. ~s a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review _the draft schedule with the Engineer to ensure the Contractor's uhderstanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to e){ceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) c. Durations shall b~ i~ calendar days and normal holidays and weath~r conditions over the duratio~ of the contract shall be accounted for within the duration of each activity. d. One critical pat~ 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 ~~e or b~nefit of ·iither the Contractor or the Owner. f: Thirty days shall be used for submittal review unless otherwise specified. The construction schedul~ 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 activitie3 in enough detail to achieve activities of approximataly fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activiti~s that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and oreacceot~nc~ activities and events i~ their logical seque~ce for~equipment and mat~rials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installatio~. 5. Transmittal of manufact~r~r's operation and maintenance instructions. 6. Installed equi?rnent and materials testing. 7. Owner's operator instruction (if applicabl~). 8. Final inspection. ,--:4-4 (3) 9 .. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished fails behind that scheduled, the Contr~ctor 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 progr~ss and to insure completion of the work within the contract time. If ·the Owner finds th~ proposed plan not acceptabl~, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor t6 comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C:4-4 (6) 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. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner und.er these Contract Documents,·supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with tha contract documents. He shall determine the amount and quality of the work · completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner a?d 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 otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5 Cl) CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to de~cribe 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 ~overn over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. · The Con tractor shall not take advantage of any apparent error or omission in the Contract Docurnertts, and the Owner shall be permitted to make such corrections or interpretations as m~y be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. CS-5.4 COOPERAT!ON OF CONTRACTOR: The Contractor· will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. Th~ Contract shall give to the wo~k the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, hi~ inspector, and other Contractors in every possible way. Tne Contractor shall at all times have competent personnel available to the project site for proper performance of the wtirk. 'The Contr~~tor sh~ll provide and ~aintairi at all ti~es 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 b~ 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 cir~urnstances require the presence on the project site of a represeritative of the Contractor to CS-5 (2) adequately provide far the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and material3 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 on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. 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 10 by 14 feet in floor area, substantially constructe~, well heated, air conditioned, lighted, and -- weather-proof, so that documents will not be damaged by the elements. CS-5. 7 CONSTRUCTION STAKES: , The City, through its Engineer,. will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. CS-5 (3) These stakes or markings shall be set sufficiently in advance at construction operations to avoid delay. Such stakes or markings as may be establisped for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Wheriever~ in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amourtt will be deducted from payment due the Contractor. cs~s.s AUTHORITY ~ND DUTIES OF .CITY INSPECTORS: City Inspectors will be au~horized 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 wdrk and th~ 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 insp~ction will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be dedided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve .or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or 2erform any other duties for the Contractor, or interfere with the management or operation of the work. He will not add~pt from the Contractor any comperisation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instru~tions of the City Inspector, the Contractor may within six days make written a~peal to the Engineer for his decision on the matter in controversy. CS-5 (4) C5-5.9 INSPECTION: The Contr~ctor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in ~ccordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be · directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and 'replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. CS-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or ·any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauth8rized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. 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 approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed C5-5 (5) substitute from that specified and indicating available maintenance service.· No substitute shall be ordered or installed without the written .approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data abou~ 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 6r indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. CS-5 .12 SAMPLES AND TESTS .·OR MATERIALS: Where, in the opinion . of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials ahd equipment fully cohforming to the requirements of the Con tract Docllments. 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 orovide such facilities as the . ~ Engineer may require for collecting and forwarding samples and shall not, without specific ~ritten permission of the Engineer; use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In . case of concrete, the aggregat~s, design minimum, and the mixing and transporting equip·ment ·shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concr~te, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the sollrce of supply change, new tests shall be made prior to the use of the new materials.. · C5-5 .13 STORAGE OF MATERIALS: All materials which are to be used in the 6onstruction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engine~r, 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 existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown ·-to· the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in. advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of cqnstruction including exploratory. excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. CS-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. C5-5 (7) b. 2. Notify each customer personally through responsible personnel as to time and schedule of the interrup~iori of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bold type shall say: 1 "NOTICE" Due to Utility Improvement in your neig~borhood, your (water) (sewer) service will be inter- rupted on between the hours of and This inconvenience will be as short as possible. Thank you, Contractor Address Phone Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage ori the work, the Contractor agrees to sett~e with such oth~r Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert .any claim . against the Owner on account of any damage alleged to have . been sustained, the O~ner 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 the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job sit~ is proceeding in a manner unsatisfactory to the Engineer, if. the Contractor ·fails to correct the CS-5 (8) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Co~tractor in the written notice, and the costs of such direct action, plus 25% of such costs shall be deducted from monies due or to become due to th~ 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 ~lean and remove from the .. site of the project .all .surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and naw appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (9) PART C -GE NERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.l LAWS TO BE OBSERVED: The Contractor shall at all times _observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted ·later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful . prosecution of the work. C6-6~3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright,· he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties ·or cost arising from patents, trade-marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason .of .. the use of any such patented design, device, material or process, or any trade-mark or copy right in connection with the work agreed to be performed under these Contract Documents, and sh~ll 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, howe~er, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6 (1) C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of ~arbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property ·either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on th~ work, properly sec .. lu.d .ed .. from publ.ic. observation, shall be ~onstructed and maintained by the Contractor and their use shall be stricily enforced by the C6ntractor. All such fa~ilities 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. c°6-6. 5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so con~ucted, as to cause no greater obstruction or inconvenience to the public than is ·considered to be absolutely necessary by the Engineer. :·The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area.· The Contractor shall make adequate provisions t6 render .reasonable ingress and egr~ss for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for -the property served by the driveway as the Engineer may approve as appropriata. Such other means may include the diversion of driveway traffic, with ·specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor $hall make arrangements satisfactory to the Engineer for the diversiori of traffic, and s .hall, at his own expense, prpvide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such "diversion of traffic. Sid~walks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free accesi to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public conveni~nce and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engin-eer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. CG-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of ·the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction ooerations. Excavated and waste materials shall be piled or slacked 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 railway tracks, the work shall be C6-6 ( 3) carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other con ti:-actors of the Owner may, . for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY .CROSSINGS~ When the work encroaches upon any right-of-way of any railway, the .City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City.· The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossing~ unl~ss specifically set forth in the Contract Documen~s. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any . street, alley, or publi6 place, the Contractor shall at his own expense fµrnish, erect, and maintain such barricades, fences, lights and danger signals, sh~ll provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and rnaintaih at least one easily visible burning li~ht at each barricade. A .sufficient .number .of .. barricade.s shall be etect e·d and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their re~pective assign~ents in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffie Contiol De~ices 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 Statutes~ pertinent sections being Section Nos. 27, 29, 30 and 31. r,C C I A\ The Contractor will not remove any regulatory sign instructional sign, street name sign, or other sign which ha; been erected by the City .. I~ it fs determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent .sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the pub-lie due to failure of barricades,. signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights .or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any oublic service corporation, any company, individual, or ~tility, and the Owner, not less than twenty-four hours in C6-6 (5) advance of ih~ use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of -~iplosives is to be permitted ort the project, as specified in the Special Contract Documents, ·or the use of explosiyes is requested, the Contractor shail submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidende that he has insurance doverage to protect against any damages and/or injuries arising out of such use of explosives. All cl~ims arising out of the use of explosivas shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resum~d until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places qhall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under 'the care of a competent watchman at all times. All vehicles .. in which explosives are being transport·ed shall be plainly marked as mentioned above and shall, insofar as possible, not use heivy traffic routes. · C6-6.l0 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such addition~l rights-of-way .or work .area shall ba 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 purpos~ '~ith~ut .having previously obtained permission from the ~wner o{ s~cb property. The Contractor will not be allowed to sfore egui~ment or mate~ial on private property unless and until the specified approval of . the property owner has been secured in .writing by the Contractor and~ copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or eas~ments of obstructions which must be removed to make possible proper prosecuiion ,of the work as · a part of the project construction operations .. The Contractor shall be responsible for the preservation of and shall use Cri-F; lhl every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvement~, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost ·. and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either ··wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of oermanent easement before the fence is cut. Should additio~al fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be'erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7) pr6posal. Therefore, no ~eparate payment shall be allowed for . any service associated with this work . • ' • t In case of failure on the pa~t of the Contractor to restore such property to make good such damage ~r injury, the Owner may, upon 48 hour written notite under ordinary -circumstances, and without notice when a nuisance or hazardous condit i on results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to t~e Contractor under this Contract. C6-6.ll INDEPENDENT CONTRACTORt It is understood and agreed by the parties hereto that Contractor shall perform all work ~nd services hereunder as an independent contiactor, ahd not as an officer, agent, servant or employee of .the Owner. Contiactor shall have exclusiv9 control of and the exclus i ve right to control the details of all the work and services performed hereunder, and all petsons performing same, and shall be solely responsible for the acts and omissions of i ts officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Ow~er and Contracior, its officers, agents, employees, contractori and subcontractors, and nothing herein shall be construed ,as creating a partner~hip or joint enterprise between Owner and Contractor. ·C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does her~by indemnify, hold harmless and defend Owner, its officers, agent~, servants, and emplOyees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of ·or in _ connection with, directly or indirectly, the wor-k and ··se.rv-ices to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, serv~nts, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby cov~nant and · agree to assume all liability and responsibility of Owner, its officers agents, servants and employ~es for property damage or loss, and/or persdnal injuries, inciludirig diath, 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 ser~ices t6 be peiformed hereu~der by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (3) in whole or in part, by alleged negligence of officers I agents, servants, employees, contractors, subcontractors, licensees or invitees of tte Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in· part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written °claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor· shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to .the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition Cl) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the C6-6 (9) expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met .to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM .FOR DAMAGES.: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a writ ten statement to the Engineer, setting out in detail tl)e nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to ~11 books of account, receipts, vouchers, bills of lading, and other books 6r 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 their property that may ~e necessary by the performance of this contract. · · C6-6 .15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken uo or removed, the Contractor ~ball, at his own expense an~ cost, provide arid 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 pumpihg facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connecti9ns shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned ~y the Eng~neer. All water, sewage, and other waste shall be disposed of 1n a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-l.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When . meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. · C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to ~e in ·any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part C6-6 (11) ~hereof by action of ·the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor.shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer o~ any order by the Owner by paymeqt 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 wa i ver of any provision of the Contract Documentg. ~ny wai~er of any breach or Contract shall not be held to be a waiver of any ocher or subsequent breach. · The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to _adjust the same to -meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall ,be no liability upon the aQthorized representatives of the Owner, either personally or otherwise ~s they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20~04 (H) of the Texas Limited Sales, excis~, and Use Tax ~ct, the Contractor may purch-ase, rent or leasa all materials, supplies and equipment used or consumed in the performan~e of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptr6ller's Ruling .007. Any -such exemption certificate issued by the Contiactor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any o~her applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement whi6h has been dedicated to the public arid the City of Fort Worth, an organization which qualifies Ear exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be ex:empt~d in the same manner .stated above. Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 ( 13) 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 workman under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workr!len of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner , expressed by resolution of fhe City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the owner as liquidated damages for the reason that it would be impracticable and extremely diff.icult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of r7 _ 7 , , , ,· pro~ecuting the ~ork and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There ~hall also be submitted a tabl e of estimated amounts to be earned by the Contractor during e ach monthly estimate period. The Contractor shall commence the work to be performed u n der this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with .sufficient equipment, material~, ~nd labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the E~gineer. Such specification or ,approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Sec f ion C7-7.8 "Extension of Time of Completion" of this Ag~eement, and a progres~ schedule shall n6t coristituie a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a stre~t or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before .the work is commenced o.n any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operatois, may be imported only after .the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks · assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about OL on the work who, in the opinion of the Owner, shall misconduct himself orb~ found to b~ incompetent, disrespectful, intemperate, dishonest, or ~. otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without · written consent of the Engineer. All workmen shall hav~ iufficient 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 consideied to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in Cl-1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no e~tra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-1.24 and the Contr3ctor may work as he so. desires. C7-7 (3) C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contrac~ 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 bp in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C 7-7. 8 EXTENSION OF TIME . COMPLETION: The Contractor's reques"t 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 0£ delay shall have occurred. Should an extension of the time of completion ~e requested such request will be forwarded to the City Council for approval . In adjusting the contract time for completion of work, consideration will be given to unforseeable causes bejond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be J considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be _increased by Change Order. C7-7.9 DELAYS: The Contr~ctor shall receive no compensation ~or 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 C7-7 (-4) any, which i3 to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor. to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stoo work, or by the performance of extra work, or by the failur~ of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until_ the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal th~ number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of . the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedul~, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive ... 45.00 .;, $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusiv9 $ 105.00 $ 50,001 t:J ... 100,000 in~lusiv9 ... 154.00 .;, .;> $ 100,001 to $ 500,000 inclusive $ 210.00 C7-7 (5) $ 500,001 to $1,000,001 to $2,000,001 and over $1,000,000 $2,000,000 inclusive$ inclusive$ $ 315.00 420.00 630.00 The parties hereto understand arrd agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. c7~7.ll SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of 'the work order~d by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liablB 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 ieriods of time as he may deem necessary du~ to unsuitable weather conditions 0r any other unfavorable . conditions which in the opinion of the Owner or Engineer cause ' ... further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary s.uspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it .should become necessaiy 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 n~cessary.-- Should the Contractor not b~ able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set _forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETidN, and . should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessa.ry equipment to the job when it is determined by the Engineer C7-7 (6) that construction may be rasumed. Such reimbursement shall be based on actual cost to the Contractor of moving the eq~ipment 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 3hall 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 Pr2sident 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 p2riod of two months, the Contractor shall within seven days notify the City in writing: giving a detailed statement of the efforts which ~ave been made and li;ting all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions.exi3ting and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necesdary labor, materials and equipment wi~hin thirty days, the Contractor may request the Owner to terrninat8 the contr3.ct and the Own=r may comply with the request, and th ,2 termination shall be conditioned and based upon a final 3ettlement mutually acceptable to both the Ownar and the Contractor and final payment shall be made in accordance with the t2rms of th2 agreed settlement, which shall include, but not be limited to, the payment for all work execut~d but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: T~e work operations on all or any portion or section of the work under Contract shall be suspended · immediately on written 0rder oE the Engineer or the Contract may b~ declared cancell~d by the City Council for any good anj sufficient cause. The following, ~y way of e~ample, but not of limitation, may be considered grounds for suspension oc ·::aocellation: r.1.. Failure of the Cont.ri:l.ctor to commenc~ work operations within the time specified in the W~rk Qrjer issued by the Ownec . .:.7-7 (7) b. c.· d. e. f. g. h .• i. j. Substantial evidence ,that progress of the work operations by -Contractor is insufficient to complete _the work within the specified time. Failure of the Contractor to pr6vide and maintain sufficient labor and equipment to .properly execute the working operations. Substantial evidence that the Contractor has · abandoned the work. Substanti~l evidence that the Contractor has become insolvent or bankrupt, or otbeiwise financially unable to carry on the work satisfactorily. Failure on th~ part of the Contractor to obser~e any requirements of the Contract Documents o r to comply with any orders given by the Enginee r or Owner pro~ided for in these Contract Documents. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any h~ture the correction of which·h~s ·been directed in writing by the Engineer or the · Owner·. Substantial evidence of collusion for the puroose .~ of illegally procuring a contract or perpetrafing · fraud on ths City in the construction of work under contract. A substantial indication that the Contractor has made an unauthorized assignment -of the contract or any funds due therefro~ for the benefit of any creditor or for any other purpose. lf the Contractor .shall for any cause whatsoever n6t carry on the working operation iri an acceptable manner. k. If the Contractor commences legal action agai~st 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 c~use or causes, or when the contiact is cancelled, the Contracitor shall discontinue the work or such part thereof as the Owner shall desigriate, whereupon the Sureties _may, at their option, assume the contract or that porti6n theieof which the Owner has ordered the Contracto r to discontinue, and may perform the same or may, with the written C7-7 (8) consent of the Ownec, 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 ,,:ritten noti-::e to discontinue · the work has been served upon the Contractoc and upon the Sur3ties or their authorized agents. The Sureties, i~ 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 moni~s remaining due ~he Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the .Contract Documents. In case the Sureties do dot, within the hereinabove speciEt~d time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it ~ay 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 t~ the account of the Contractor of said co~tract expense for labor, materials, tools, equipmeni~ and all expenses incidental thereto. The expe~se 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 Contractoc under and by virtue of the Contract ar any part thereof. The Owner shall not be required to obtain the lowest bid for the w~rk completing th~ contract, but tha expense to be deducted shall be the actual cost of the owner oE such work. In casa such expenses shall exceed the amount which would have been payable under the ·contract if the same had been completed by the Contractor, then the Contractor and his Sur8ties shall pay the amount of such excess to the City on notic~ from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwis~. under the provisions of this section, the Contractor shall continue the remainder of the wcrk in conformity with th9 terms of the Contract Documents a,1d i:1 such a manner as to not hi~der or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The ContLact will be consid~red as having been fulfilled, aave as provid9d in any bond or bonds or by law, ~hen all the work and all sections or parts of the project covered by the Contract Documents have C7-7 (9) been finished and co~pleted, the final insp~ction made by t he Engineer, and the final acceptance and final payment made by the Owner. C7-.7 •. 16 TERMINATION FOR CONVENIENCE OF THE OWNER: . A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the. Owner . in whole, pr .from time · to time in part, in accordance with this section, whenever the owner shall determine that such termihation is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor .specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as ~herein stated; and no proof in any clai~, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion df such portion of the work under the contract as ·is not _ terminate_d; · 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, dir~cted by the Engineer: a. the Eabricat~d or unfabricated part~, wor~ in process, completed work, suppli~s and other mat~ridl produced as a part 6f, or acquired in connection ~ith the performance of, the work termin~ted by the notice of termination; and b. the compl-=ted, or partially compli:ted plans, drawing:;, inform3.tion and oth-=r property which, if the contract had been completed, would have been required to be furnished to the Own~c. S. complete performance of such part of the work as shall n~t have been terminated by the notice of term~pation; and 6. ta'ke such action as .:nay be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 day3 after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been dirscc~d or authorized by the Engine2r. Not later than 15 day3 theraafter, the Owner shall accept title to such items provided, that the list submitted shall -be subject t0 veriEication by the Engineer upon removal of th ·~ items or, if the items are stor-2:d, within 45 days from the date of submission of the list, and any necess3.ry adjustments to corre~t .the list as submitted, shall be mad~ prior to fin~l settlement. C. TERMINATION CLAIM: Within 60 dafs aftec notice of termination, the Contractor shall submit his termination claim to the Engi~eec in the form and with the certification pces~ribed by the Engineer. Unless one or more extensions in writin3 ar~ granted by the Own~r upon request 0f th~ Contract~r, mad~ in writing within such 60-d3.y p~riod or authorized extension thereof, any and all such claims shall be conclusively deemed wai~ed. C.7-7 (11) D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Con~ractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor ,by reason of the total or parti.al termination o~ work pursuant hereto~ provided, that such agreed amount or amounts shall never exceed the total pontract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The cohtract 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, ~rescribing the amount to be paid to the Contractor in the event of failure .of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount~~ amounts ~hich may .be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the f·ailur~ of the Contractor and the Owner to agree as provided in c7~7.16 CD) upon the whole amount to be paid to. the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amoutit shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount du~ the contractor under this section, there shall be deducted Ca) all unliquidated advance or other payments on acco~nt · theretofoie made to the Contractor, applicable to the terminated portion of this contracti (b) any claim which the Owner may have against the Contractor in connection with this contiacti and (c) the agreed price for, or ·the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Etigineer ~ request in writing f~r an C7-7 (12) H. equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice df ~ermination), such equitabl~ adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7 .17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervi~ing all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and re;ulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C -GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT 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 items installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due tp the elements and other causes·,. delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. CB-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforesee~ defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) before its final acceptance by the Owner, (except as provided . in paragraph CS-5.14) for all risks of whatever descriotion connected with the prosecutii;:in of the .·work, for all ex'"pense incurred by or in Consequence of suspension or di~continuance . of such prosecution of the working operatioris as herein specified, 6r any and all infringements 6f patents~ trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable man'ner according to the terms of the Contract Documents. · The payment of any currerit 6r partial esti~~te prior to final acceptanc~ of the work by the Owner shall in no way const i tute 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, ren~w; oi replace at his ·owrt and proper expense any defects or imperfections i n 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, .Qr any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final ac~eptance. The owner sh a 11 be the so 1 e judge of such def e ,c ts , imperfections, or damage, and the Contractor shall be li~ble· to the Owner for failuri to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE:. Between th~ 1st ~nd 5th day of each m6nth the Contractor shall submit to the Engineer a statement showing an estimat~ of the value of the work done during the prsvious month, or ~stimate period under the Contiact Dobuments. Not later than the 10th day of the month the Engineer shall verify such ·estimate, and if it is found to be acceptable and the value .of work performed sioce the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be p~i d to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) days after the regular estimate period. The City will hi~e the option of preparing estimates ort forms furnished by the City. The partial estimate may include acceptable non~erishable mat~rial~ delivered to the work which are to be incorporated into the war~ as a perm&n~nt part thereof, but which at the 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 ·28-8 (2) him as a guide in the verification or the prepar~tion of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been comoleted in accordance with the terms of the Contract Doc~ments and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final ~ayment therefor as outlined in C8-8.8 below. ca-a.a FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. CS-8 (3) . The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be oaid to the Contractor within 60 days aftei final acceptance b; the ow n er ' on a proper resolution of the City Council, provided the Contractor ha~ furnished to the Owner satisfactory evidence of payment as follows: Pii6r to s~bmission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wag~ scale establi~hed by the City Council in the City of Fort Worth has been paid, and that there are no claims pending f or personal injury and/or property damages. ' The acceptance by the Contractor of the last or final payme nt as aforesaid shall oparate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished 6r relating to the work under Contract Documents or any act or neglect of said City relating to oi connected with the Contract. The making of the final paymerit 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 design'=rs 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 th~ practicability of the operations of the completed project, provided the Contractor has complied with the requi.rBments ~f the said Contract Documents, all approved modifications thereof, and additions .and alterations thereto approved 'in writing by the Owner. The burden of proof of st1ch · compliance shall be upon t h e Contractor to show that he has complied with 'the said requirements bf ·the Contract Documents, appr6ved modifications thereof, and all approved additions and alterations thireto. CB-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract .O·ocuments nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of ~0rk not done in accordance with the Contract Documents or relieve t h e Contractor of liability in respect to any express warranties or ·responsibility for faulty mab~rials or workmanship. The Contractor shall remedy any defects or damages in the work and C8-8 ( 4) pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of observed defects with reasonable promptness. C8-8.ll SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may 'be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment .for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. CB-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. C8-8 (5) SECTION Cl: SUPPLEMENT ARY CONDITIONS TOP ART C -GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of$400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the · right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions. D. C3-3. l 1 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised 10/24/02 Pg. 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 suit s 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, it s officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers , servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor 's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C -General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1 ), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. Revised 10/24/02 Pg. 2 G. C3-3.l 1 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not - constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. · A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Revised 10/24/02 Pg. 3 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: I. 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 CS-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. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract Revised 10/24/02 Pg.4 J. which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify _ his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further , that the City Manager is satisfied that a written. and duly authenticated confirmation of such , telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: Revised 10/24/02 Pg. 5 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.l 1 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.l 1 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised 10/24/02 Pg. 6 M. 1. 50 copies and under -10 cents per page 2, More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements , page C6-6( 4 ), part c· -General Conditions of the Water Department General Contract Document and General Specifications . Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N . Reference Part C -General Conditions , Section C6-6 .8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. 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 Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation ( other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised 10/24/02 Pg. 7 P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code , including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 , Texas Government Code . Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1 , L. Right to Audit (Rev. 9/30/02) pertain to this inspection. ( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. ( d) With each partial payment estimate or payroll period, whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised 10/24/02 Pg. 8 - - Classifications Hrly Rts Classifications Hrly Rts Air Tool Operator $10 .06 Scraper Operator $11.42 Asphalt Raker $11 .01 Servicer $12 .32 Asphalt Shoveler $8 .80 Slip Form Machine Operator $12 .33 Asphalt Distributor Operator $13 .99 Spreader Box Operator $10.92 Asphalt Paving Machine Operator $12 .78 Tractor operator, Crawler Type $12 .60 Batching Plant Weigher $14 .15 Tractor operator, Pneumatic $12 .91 Broom or Sweeper Operator $9 .88 Traveling Mixer Operator $12 .03 Bulldozer operator $13 .22 Truck Driver-Single Axle (Light) $10 .91 Carpenter (Rough) $12.80 Truck Driver-Single Axle (Heavy) $11 .47 Concrete Finisher-Paving $12 .85 Truck Driver-Tandem Axle Semi-Trailer $11 .75 Concrete Finisher -Structures $13 .27 Truck Driver-Lowboy/Float $14 .93 Concrete Paving Curbing Mach . Oper. $12.00 Truck Driver-Transit Mix $12 .08 Concrete Paving Finishing Mach . Oper. $13 .63 Wagon Drill, Boring Machine , Post Hole Driller $14 .00 Concrete Paving Joint Sealer Oper. $12.50 Welder $13.57 Concrete Paving Saw Oper. $13 .56 Work Zone Barricade Servicer $10 .09 Concrete Paving Spreader Oper. $14 .50 Concrete Rubber $10.61 Crane , Clamshell , Backhoe, Derrick , Dragl ine , Shovel $14 .12 Electrician $18 .12 Flagger $8 .43 Form Builder-Structures $11 .63 Form Setter-Paving & Curbs $11 .83 Foundation Drill Operator, Crawler Mounted $13 .67 Foundation Drill Operator, Truck Mounted $16 .30 Front End Loader $12 .62 Laborer-Common $9.18 Laborer-Utility $10,-65 Mechanic $16 .97 Milling Machine Operator, Fine Grade $11 .83 Mixer Operator $11 .58 Motor Grader Operator (Fine Grade) $15 .20 Motor Grader Operator, Rough Oiler $14 .50 Painter, Structures $13 .17 Pavement Marking Mach ine Oper. $10.04 Pipe Layer $11 .04 Roller, Steel Wheel Plant-Mix Pavements $11 .28 Roller, Steel Wheel Other Flatwheel or Tamping $10 .92 Roller, Pneumatic, Self-Propelled Scraper $11 .07 Reinforcing Steel Setter (Paving) $14 .86 Reinforcing Steel Setter (Structure) $16 .29 Compliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.Q23. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258 .023, Tex as Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from · successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 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. ( e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall p~rtain to this inspection. · (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. (g) 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 . (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . PART D -SPECIAL CONDITIONS GENERAL ..................................................................................................................... 3 COORDINATION MEETING .......................................................................................... 4 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ................ 5 COORDINATION WITH FORT WORTH WATER DEPARTMENT ................................ 7 CROSSING OF EXISTING UTILITIES .......................................................................... 7 EXISTING UTILITIES AND IMPROVEMENTS .............................................................. 7 CONSTRUCTION TRAFFIC OVER PIPELINES ............................................................ 8 TRAFFIC CONTROL ..................................................................................................... 9 DETOURS ..................................................................................................................... 9 EXAMINATION OF SITE ............................................................................................... 9 ZONING COMPLIANCE .............................................................................................. 10 WATER FOR CONSTRUCTION ................................................................................. 10 WASTE MATERIAL ............................................................... .' ..................................... 10 PROJECT CLEANUP AND FINAL ACCEPTANCE ...................................................... 10 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK ................................ 10 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ........................... 10 BID QUANTITIES ........................................................................................................ 11 CUTTING OF CONCRETE .......................................................................................... 11 PROJECT DESIGNATION SIGN ................................................................................. 11 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ..................................... 12 MISCELLANEOUS PLACEMENT OF MATERIAL ....................................................... 12 CRUSHED LIMESTONE BACKFILL ............................................................................ 12 2:27 CONCRETE ......................................................................................................... 12 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ......................................... 12 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS ............ 14 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS}.. .............. 15 SANITARY SEWER MANHOLES ................................................................................ 15 SANITARY SEWER SERVICES .................................................................................. 18 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES ............... 20 DETECTABLE WARNING TAPES .............................................................................. 22 PIPE CLEANING ......................................................................................................... 22 DISPOSAL OF SPOIUFILL MATERIAL. ...................................................................... 22 MECHANICS AND MATERIALMEN'S LIEN ................................................................ 23 SUBSTITUTIONS ....................................................................................... : ................ 23 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 23 VACUUM TESTING OF SANITARY SEWER MANHOLES ......................................... 26 BYPASS PUMPING ..................................................................................................... 27 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .......... 27 SAMPLES AND QUALITY CONTROL TESTING ........................................................ 29 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ............................................................... 30 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ........................ 31 PROTECTION OF TREES, PLANTS AND SOIL ......................................................... 31 SITE RESTORATION .................................................................................................. 31 CITY OF FORT WORTH STANDARD PRODUCT LIST .............................................. 31 , TOPSOIL, SODDING, SEEDING & HYDROMULCHING ............................................. 32 CONFINED SPACE ENTRY PROGRAM ..................................................................... 37 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ............................ 37 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ...................... 37 CONCRETE ENCASEMENT OF SEWER PIPE .......................................................... 38 CLAY DAM .................................................................................................................. 38 EXPLORATORY EXCAVATION (D-HOLE) ................................................................. 38 11129/04 SC-1 PART D -SPECIAL CONDITIONS D-52 INSTALLATION OF WATER FACILITIES ................................................................... 39 52 .1 Polyvinyl Chloride (PVC) Water Pipe ........................................................................... 39 52 .2 Blocking ....................................................................................................................... 39 52.3 Type of Casing Pipe .................................................................................................... 39 52.4 Tie-Ins ......................................................................................................................... 40 52.5 Connection of Existing Mains ....................................................................................... 40 52.6 Valve Cut-Ins ............................................................................................................... 40 52.7 Water Services ............................................................................................................ 40 52 .8 2-lnch Temporary Service Line ..................................................................................... 42 52.9 Purging and Sterilization of Water Lines ...................................................................... 43 52.10 Work Near Pressure Plane Boundaries ....................................................................... 44 52.11 Water Sample Station .................................................................................................. 44 52 .12 Ductile Iron and Gray Iron Fittings ............................................................................... 44 D-53 SPRINKLING FOR DUST CONTROL. ......................................................................... 45 D-54 DEWATERING ............................................................................................................ 45 D-55 TRENCH EXCAVATION ON DEEP TRENCHES ......................................................... 45 D-56 TREE PRUNING .......................................................................................................... 45 D-57 TREE REMOVAL ......................................................................................................... 46 D-58 TEST HOLES .............................................................................................................. 46 D-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ........................................................................................................ 47 TRAFFIC BUTTONS ................................................................................................... 48 SANITARY SEWER SERVICE CLEANOUTS .............................................................. 48 TEMPORARY PAVEMENT REPAIR. ........................................................................... 48 CONSTRUCTION STAKES ......................................................................................... 48 EASEMENTS AND PERMITS ...................................................................................... 49 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-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................ 54 D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION ..................................................... 54 D-72 AIR POLLUTION WATCH DAYS .................................................................................... 55 D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS .......................................... 55 11129/04 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: PAVING, DRAINAGE, WATER AND SEWER IMPROVEMENTS ON PHASE I OF KELLER HICKS ROAD FORT WORTH, TEXAS · DOE PROJECT NO. 5317 WATER PROJECT NO. P264-602150065383 SEWER PROJECT NO. P274-702130065383 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents 3. SpecialCond~ons 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, m.ay 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 11129/04 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 t he 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. 8. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prio r 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. 11129/04 SC-4 PART D -SPECIAL CONDITIONS 0-3 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 providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 11129/04 SC-5 PART D -SPECIAL CONDITIONS G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known,, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons provid ing serv ices 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 prov ide serv ices on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Te xas Labor Code, Section 401 .011 (44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery , within ten · (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation . Providing false or 11129/04 SC-6 PART D -SPECIAL CONDITIONS misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J . The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes : "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance . This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee ." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines . D-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made watertight or be constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, the cost of which shall be included in the price bid in the Proposal for each bid item. D-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be 11129/04 SC-7 PART D -SPECIAL CONDITIONS considered sufficient basis for claims for additional compensation for extra work or for increas ing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services , water mains, sanitary sewer lines , electrical cables, drainage pipes , and all ot her utilities and structures both above and below ground during construction . It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED . Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense . The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall coopera te with the Owners of all utilities to locate existing underground facilities and notify t he 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 utilit ies involved and from evidences found on the ground . 0-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new line and the existing lines from these possibly excessive loads . The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed . It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. 11129/04 SC-8 PART D -SPECIAL CONDITIONS D-8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the ."State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31 . A traffic control plan shall be submitted for review to Mr. Charles R. Burkett. City Traffic Engineer at (817) 871-8770. at the pre-construction conference. 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 submission of the Proposal. 11129/04 SC-9 PART D -SPECIAL CONDITIONS D-11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zon ing 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 dai ly 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 compretion 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 will be followed regarding the subject item on this contract: 11129104 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 legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING -UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCORE) who will erect temporary mechanical barriers, de- energize the lines, or raise or lower the lines . The work done by the power company shall not be at the expense of the City of Fort Worth . The notifying department shall maintain an accurate log of all such calls to ONCORE, and shall record action taken in each case. 4 . The Contractor is required to make arrangements with the ONCORE company for the temporary relocat ion 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 signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts . The Engineer shall approve the exact locations and methods of mounting . In addition to the 4' x 8' project signs , project signs shall be attached to barricades used where manhole rehabilitat ion or replacement is being conducted . Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance with Figure 30, except that they shall be 1'-0" by 2'-0" in size. The information box shall have the following information : For Questions on this Project Call: 11129/04 (817) 871-8306 M-F 7 :30 am to 4 :30 p.m . or (817)871-8300 Nights and Weekends SC-11 PART D -SPECIAL CONDITIONS Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additio nal compensation will be allowed . D-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full exist ing width , between existing construction or expansion joints with 3000 psi concrete with reinforc ing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Wo rks 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 Specificat ion for Construction, Item 502. Payment for cutting, backfill , concrete, forming materials and all other associated appurtenances required , shall be included in the square yard price of the bid item for concrete sidewalk or driveway repair . D-21 · MISCELLANEOUS PLACEMENT OF MATERIAL.: Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D-22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208 .2 -Materials and Division 2 Item 208 .3 -Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications , General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2 .16 Measurement of Backfill Materials, Construction Specifications, and General Contract Documents . D-23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call- out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION 11/29/04 SC-12 PART D -SPECIAL CONDITIONS Trench excavation and backfill under parking lots, driveways, gravel surfaced roads , within easements, and within existing or future R.O .W . shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded , either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way , permanent easements, and any temporary construction easements . All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas , with a map showing the location and depth of the various test holes . If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2 .11 Trench Backfill for additional requirements. When Type "C" back-fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used . In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil , loam or vegetable matter and shall meet the following gradation: • Less than 10% passing the #200 sieve • P.I. = 10 or less Additionally , the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. 11129/04 SC-13 PART D -SPECIAL CONDITIONS Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe . The City , at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City . 4 . MEASUREMENT AND PAYMENT: All material, with the exception of Type 11 8 11 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 providi ng pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 2000-1 through 2000-3. The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets, are provided in these specifications and contract documents. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced . All residential driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width . Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. 11129/04 SC-14 I -I - - PART D -SPECIAL CONDITIONS A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No . 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Department of Engineering will inspect the paving repair after construction . This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering. 0-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas. The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS: The latest version of the U.S . Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub-Part P -Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety . C. DEFINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM -Benching means excavating the sides of a trench to form one or a series of horizontal level or steps, usually with vertical or near-vertical surfaces between levels . 3. SLOPING SYSTEM -Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM -Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre-manufactured or job-built in accordance with OSHA standards. 5. SHORING SYSTEM -Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins. Shoring systems are generally comprised of cross-braces, 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. 0-27 SANITARY SEWER MANHOLES 11129104 SC-15 PART D -SPECIAL CONDITIONS A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E 1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc ., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per Figure 121 . 2. WATERTIGHT MANHOLE INSERTS : Watertight gasket manhole inserts shall be installed in all sanitary sewer manholes . Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. Stainless Steel manhole inserts shall be required for all pipe diameters 18" and greater. 3. LIFT HOLES : All lift holes shall be plugged with a pre-cast concrete plug . The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one ( 1) nor less than one-half ( 1 /2) inch above the surrounding ground. Backfill shall provide a u.niform 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. 11129/04 SC-16 PART D -SPECIAL CONDITIONS 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness . 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 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. 11129/04 Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced . Grade rings that are constructed of brick, block materials other than pre-cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section. Pre-cast concrete rings, or a pre-cast concrete flattop section will be the only adjustments allowed. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame . Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. 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 . SC-17 PART D -SPECIAL CONDITIONS If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of · dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket jo int material along the inside and outside edge of each joint, or use trowelable material in lieu of pre-formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface . The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES: All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy. Kopper "Bitumastic Super Service Black"; Tnemec "46- 450 Heavy Tnemecol", or equal, to a minimum of 14 mils dry film thickness. 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6-inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT : The price bid for new manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation, backfill, disposal of materials, joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required, shall be paid separately. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to, joint sealing, lift hole sealing, and exterior surface coating. Payment for concrete collars will be made per each. Payment for manhole inserts will be 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 in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees. City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on 11129104 SC-18 PART D -SPECIAL CONDITIONS a case-by-case basis. The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6 .15 . D. SEWER SERVICE RECONNECTION : When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees . The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications, all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line · including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work s.uch as backfill , saddles , tees , fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps . E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line, all work shall be performed by a licensed plumber. The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer . For situations involving sewer service re -routing , whether on public or private property , the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de-holing at the building clean-out) the elevations (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied . Elevations shall also be verified at all bend locations on the service re-route. All applicable sewer mains , laterals and affected service lines that are installed without pre-construction de- holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied . If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied . Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted . All re- routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense. The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M . C-425 with series 300 stainless steel compression straps . The Contractor shall remove the existing clean-out and plug the abandoned sewer service line. 11129/04 SC-19 PART D -SPECIAL CONDITIONS The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obta ined from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route. Payment for work and materials such as backfill , removal of existing clean-outs , plugging the abandoned sewer service line, double checking the grade of the installed service line, pipe fittings, surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way . Payment for all work and material involving the "tap" shall be included in the price bid for sanitary sewer service taps. D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans , and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1 .5 Salvaging of Material and E2-2 .7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition . A. SALVAGE OF EXISTING WATER METER AND METER BOX : Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . B. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID : Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The concrete vault shall be demolished in place to a point not less than 18 inches below final . grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. C. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials . The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. D. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the 11129104 SC-20 PART D -SPECIAL CONDITIONS Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault, the vault shall be demolished in place to a point no less than 18" below final grade. E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade . F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade . The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surround ing 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). 11129/04 SC-21 PART D -SPECIAL CONDITIONS L. ABANDONMENT OF EXISTING SEWER LINES: Where plans call for abandonment of existing sewer mains after the construction of a new sewer main , the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new ma in. Once this determination has been made, the existing main will be abandoned as indicated above in Item I. 0-30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a 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 solia aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids , chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils , and the width shall not be less than two inches with a minimum unit weight of 2~ pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows : Type of Utility Color Code 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). 0-31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall be swept daily and kept clean during installation . A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage . 0-32 DISPOSAL OF SPOIUFILL MATERIAL Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No . 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering stud ies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a si te 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 11129104 SC-22 PART D -SPECIAL CONDITIONS expense and dispose of such materials in accordance with the Ordinances of the City and this section. 0-33 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. 0-34 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished , it will be approvable, as the particular trade name was used for the purpose of establishing a standard of qual ity acceptable to the City . If a product of any other name is proposed for use, the Eng ineer'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. 0-35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe, slip-line, etc .), shall be cleaned , and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location . Work shall consist of furn ishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation . The equipment shall also have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned . Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. 11129/04 Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which cannot be collapsed, is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible . SC-23 PART D -SPECIAL CONDITIONS 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high-velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes . If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or equipment fails to traverse the ent ire 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. T he Contractor shall be responsible for the water meter and related charges for the setup , including the water usage bill. All expenses shall be considered incidental to cleaning . 3. DEBRIS REMOVAL AND DISPOSAL : All sludge, dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned . Passing material from manhole section to manhole section , which could cause line stoppages , accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted . 4 . All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City . 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY S~WER MANHOLES. 6. TELEVISION INSPECTION EQUIPMENT : The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera , television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer ; and if unsatisfactory , equipment shall be removed and no payment will be made for an unsatisfactory inspection . B. EXECUTION : 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute . Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . 11129/04 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. SC-24 PART D -SPECIAL CONDITIONS The importance of accurate distance measurements is emphasized. All television inspection videotapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable, or the like , which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device , and the accuracy shall be sat isfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. 2. DOCUMENTATION: Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection . In addition, other points of significance such as locations of unusual conditions , roots, storm sewer connections , broken pipe , presence of scale and corrosion, and other discernible features will be recorded , and a copy of such records will be supplied to the City. 3. PHOTOGRAPHS: Instant developing , 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4. VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed . Video tape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. 11129/04 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 mac:le . Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera . THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected. The Engineer will return tapes to the Contractor upon completion of review . All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. SC-25 PART D -SPECIAL CONDITIONS C. PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre-Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site . Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated , the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for t he passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections . The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. ' . The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D-36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes . 8 . EXECUTION : 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting w ith all connections in place. Lift holes shall be plugged, and all drop-connections and gas sealing connections shall be installed prior to testing. 11/29/04 The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop-connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations . A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the 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 . (FT.) 0 to 16 ' 48-lnch Dia . Manhole 40 sec. SC-26 60-lnch Dia. Manhole 52 sec . PART D -SPECIAL CONDITIONS 18' 45 sec. 59 sec. 20' 50 sec . 65 sec. 22' 55 sec . 72 sec. 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. Additional 2' 1. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test , the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces , equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material , labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein . D-37 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system . Under no circumstances will the Contractor be permitted to discharge sewage into the trenches. Payment shall be incidental to rehabilitation or replacement of the sewer line. D-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the 11129/04 SC-27 PART D -SPECIAL CONDITIONS camera shall be operative in 100% humidity conditions . The camera, television monitor, and · other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection . C. EXECUTION : 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line , telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew . The importance of accurate distance measurements is emphasized . All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable, or the like , which would require interpolation for depth of manhole, will not be allowed . Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device , and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection . Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow . If sewer is act ive, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans . A copy of these television logs will be supplied to the City . 3. PHOTOGRAPHS : Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4. VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape recording playback shall be at the same speed that it was recorded. The television tapes 11129/04 SC-28 PART D -SPECIAL CONDITIONS shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections. the Contractor shall be required to re- televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also , no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents . All bypass pumping shall be incidental to the project. D-39 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project , including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. C. Quality control testing of in-place material on this project will be performed by the city at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City . The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested . 11129/04 SC-29 PART D -SPECIAL CONDITIONS E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes, dams , berms, sediment basins , fiber mats , jute netting, temporary seeding, straw mulch, asphalt mulch , plastic liners, rubb le liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes , dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion . Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the . finish grading, mulching, seeding, and other sucl:l permanent pollution-control measures current in accordance with the accepted schedule . Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. 2. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 3 . Frequent fordings of live streams will not be permitted ; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary . Unless otherwise approved in writing by the Engineer, mechanized equ ipme nt shall not be operated in live streams. 4. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream . 5. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work . 6 . The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials . He shall 11129/04 SC-30 PART D -SPECIAL CONDITIONS conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT : All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work . 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 AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than existed prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. 0-43 SITE RESTORATION The contractor shall be responsible for restoring the 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. ·o-44 CITY OF FORT WORTH STANDARD PRODUCT LIST 11129/04 SC-31 PART D -SPECIAL CONDITIONS Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes listed in the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth minimum technical requirements . D-45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Commun ity Services Department Specifications for Topsoil, Sodding and Seeding. 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways. 2. SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda , Buffalo or St. Augustine grass in the areas between the curbs and walks , on terraces, in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification . Recommended Buffalo grass varieties for sodding are Prairie and 609 . MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile . Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of dense , thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots . The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted . Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug until planted . When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating . Sod material shall be planted within three days after it is excavated . 11129/04 SC-32 PART D -SPECIAL CONDITIONS CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described . Sodding shall be either "spot" or "block"; either Bermuda , Buffalo or St. Augustine grass. a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade . Holes of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces . b. Block Sodding. At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas . The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass . Surfaces of block sod, which , in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall ,. upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place. When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun . Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance . The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Eng ineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING DESCRIPTION : "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications . MATERIALS: a. General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law . Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or conta iners. A sample 11129/04 SC-33 PART D -SPECIAL CONDITIONS of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity germination: Common Name Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) 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 and 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 th is 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 mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as 11129/04 SC-34 PART D -SPECIAL CONDITIONS specified in Section D-45, Construction Methods, is not applicable since no seed bed preparation is required. DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. The seed , or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods , seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch. The planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed to be seeded, shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D- 45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened. After the watering , when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods , the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified un iform rate of application for both is obtained . After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks . In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. The application of asphalt shall follow the last watering as rapidly as possible . Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included, then MS-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard. It shall be applied · to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth. RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a. The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration . * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 11129/04 SC-35 PART D -SPEC IAL CONDITIONS 4. HYDROMULCH SEEDING : If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications . MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law . A pelleted or granulated fertilizer shall be used with . an analysis of 16-20-0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrien ts 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 pa id 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. 11/29/04 SC-36 PART D -SPECIAL CONDITIONS All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit -· price per square yard , complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping; for all watering; for disposal of all surplus materials; and for all materials , labor, equipment, tools and incidentals necessary to complete the work , all in accordance with . the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified, as the case may be, which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows: Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding . D-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction. All active sewer manholes, regardless of depth , are defined by OSHA , as "permit required confined spaces". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM" for all applicable manholes and maintain an active file for these manholes. The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 1 O. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection. 11. Final inspection shall be in conformance with general condition item "CS-5.18 Final Inspection" of PART C -GENERAL CONDITIONS. D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 11129/04 SC-37 PART D -SPECIAL CONDITIONS 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, tree trunks, and tree roots at each work site . All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except fo r short tunneling/tree augering . 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations. The Engineer shall be notified at least 24 hours prior to any tree trimming work . No trimming work will be permitted w ithin private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5. Before excavation (off the roadway) within the drip line area of any tree , the earth shall be sawcut for a minimum depth of 2 feet. 6. At designated locations shown on the drawings , the "short tunnel" method using Class 51 D.I. pipe shall be utilized. 7. Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense . 8. Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures . 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted . D-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated. The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. D-50 CLAY DAM Clay · dam construction shall be performed in accordance with the Wastewater Clay Dam Construction, figure in the Drawings in these Specifications, at locations indicated on the Drawings or as directed by the City. Clay dams shall be keyed into undisturbed soil to make an impervious barrier to reduce groundwater percolation through the pipeline trench . Construction material shall consist of compacted bentonite clay or 2:27 concrete . Payment for work such as forming, placing and finishing shall be subsidiary to the price bid for pipe installation. D-51 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction, in accordance with item D-6. At locations identified on the drawings, contractor shall 11129/04 SC-38 PART D -SPECIAL CONDITIONS conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction ofr the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. The contractor· shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals necessary to complete the work, shall be the unit price bid . No payment shall be made for exploratory excavation(s) conducted after construction has begun. D-52 INSTALLATION OF WATER FACILITIES 11129/04 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill , bedding, blocking , detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate BID ITEM(S). 52.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the . linear foot bid price of the pipe or the bid price of the valve . 52.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects . The steel casing pipe shall be supplied as follows: For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above . C. Minimum thickness for casing pipe used shall be 0.375 inch . 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. SC-39 PART D -SPECIAL CONDITIONS 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 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 tq manufacturing of the connecting piece . Any differences in locations, elevation, configuration , and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction . Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify the Manager, Construction Services, Phone 871-7813 , at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time , and schedule of the service interruption . The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 52.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected . This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve ; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service. Payment for work such as backfill , bedding, fittings, blocking and all other associated appurtenants required, shall be included in the price of the appropriate bid items. 52. 7 Water Services 11129104 SC-40 PART D -SPECIAL CONDITIONS The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops , type K copper water tubing, curb stops with lock wings, meter boxes , and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E 1- 17 & E 1-18) contained in the General Contract Documents . All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper, 1-inch diameter tap saddle when required, and 1-in.ch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings , and corporation stop . Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main . 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction . The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for 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. 11129/04 SC-41 PART D -SPECIAL CONDITIONS 2. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line . When relocation of service meter and meter box is required, payment for all work and materials such as backfill , fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced . Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4 . NEW SERVICE : When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line , curb stop with lock wings, and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply w ith section E 1-18A -Reinforced Plastic Water Meter Boxes. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock 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 11129104 SC-42 - - - PART D -SPECIAL CONDITIONS water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out-of-service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct location . The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap . This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points . When the temporary service is required for more than one location the 2-inch temporary · service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location . Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections , removal of temporary services and all other associated appurtenants required , shall be included in the appropriate bid item . B. In order to accurately measure the amount of water used during construction , the Contractor will install a fire hydrant meter for all temporary service lines . Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately 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 mete rs to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor . The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 11129/04 52.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein . The City will provide all water for INITIAL cleaning and sterilization of water lines . All materials for construction of the project , including SC-43 11129/04 PART D -SPECIAL CONDITIONS appropriately sized "pipe cleaning pigs ", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM . The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe . 52.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary . Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 52.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer . The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station, concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, modification to the vault, fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: SC-44 PART D -SPECIAL CONDITIONS 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 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 . 11129/04 SC-45 PART D -SPECIAL CONDITIONS 4 . Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: "Tundra" weight , International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 7. Survey and stake location of root pruning trenches as shown on drawings . 8. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone. 9 . Backfill and compact the trench immediately after trenching. 10 . Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by t he Engineer. 11 . Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity . Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12 . Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection. E. MULCHING : Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price . D-57 TREE REMOVAL Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement , fences, walls , sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed . D-58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders. If test bo rings 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 11129/04 SC-46 - PART D -SPECIAL CONDITIONS City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations , as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site . The cost of all rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe . D-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction . The notice shall be prepared as · follows : The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the Contractor's letterhead and shall include the following information : Name of Project, DOE No., Scope of Project (i.e . type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification' flyer is attached . The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block . In the event it becomes . necessary to temporarily shut down water service to residents or businesses during construction , the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows : The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption . The flyer shall be prepared on the contractor's letterhead and shall include the following information : Name of the project , DOE number, the date of the interruption of service, the period the interruption will take place, the name of the contractor's foreman and his phone number and the name of the City 's inspector and his phone number. A sample of the temporary water service interruption notification is attached. A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed . The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Construction office at (817) 871-8306. 11129/04 SC-47 PART D -SPECIAL CONDITIONS All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made . D-60 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item . In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, the contractor shall contact SSMD at (817) 871-8770 and shall reimburse SSMD for all costs incurred, both labor and material. No additional compensation shall be made to the contractor for this reimbursement. D-61 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc . whenever possible. When it is · not possible, the cleanout stack and cap shall be cast iron. Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts . D-62 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base . The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repa i r. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item . The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized . The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. D-63 CONSTRUCTION STAKES The City , through its Surveyor or agent, will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice, establish ing line and grades for roadway and utility construction, and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc.), and one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If the City or its agent determines that a sufficient number of stakes or markings provided by the City , have been lost, destroyed, or disturbed , to prevent the proper prosecution and control of the work contracted for in the Contract Documents, it shall be the Contractor's responsibility, at the Contractor's sole expense, to have such stakes replaced by an individual registered by the Texas 11/29/04 SC-48 PART D -SPECIAL CONDITIONS Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents . D-64 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right-of-entry agreements, and/or permits to perform work on private property. The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities, such as sewer lines or manholes. For locations where the City was unable to obtain the easement or right-of-entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property . This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for rev iew by contacting the plans desk at the Department of Engineering, City of Fort Worth . Also , it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property . Contractor shall adhere to all requirements of Paragraph C6-6 .10 of the General Contract Documents . The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required . No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing , understanding and complying with all provisions of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or requ ired by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. For railroad permits, any and all railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance, including payment for flagmen , shall be subsidiary to the bid item price for boring under the railroad. No additional payment will be allowed for this item . D-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet w ith 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 11129/04 SC-49 PART D -SPECIAL CONDITIONS Duty to pay Prevailing Wage Rates . The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City , pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing w'age rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258 .023 . Complaints of Violations and 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 determinatipn. 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 pa id 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. 11129/04 SC-50 PART D -SPECIAL CONDITIONS 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) 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. 8. ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently , if the removal/ disposal process renders the ACP friable , it is regulated under the disposal requirements of 40 CFR 61 .150. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled , pulverized or reduced to powder by hand pressures . C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes· no responsibility for compliance programs, which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents . D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE} 11129/04 SC-51 PART D -SPECIAL CONDITIONS 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 perm it can be obtained through the Internet at http://www.tnrcc.state .tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi}: If the project will result in a total land disturbance equal to or greater than 5 acres, the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee . The NOi shall be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P .O . Box 13087 Austin, TX 78711-3087 A copy of the NOi shall be sent to : City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P .O. Box 13087 Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department 11129/04 SC-52 PART D -SPECIAL CONDITIONS of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities . The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site . Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOi form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 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 11129/04 SC-53 PART D -SPECIAL CONDITIONS the full extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule , to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame . Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive . Affected contractors will be notified in writing of a recommendation to the City Council. D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule , the following process shall be applicable: . - The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time . In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time . 2. The Project Manager and the Directors of the Department of Engineering, Water Department , and Department of Transportation and Public Works will be made aware of the situation . If necessary, the City Manager's Office and the appropriate city council members may also be informed . 3. Any notice that may, in the City's sole discretion , be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4 . Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract , the bonding company will be notified appropriately. 11129104 SC-54 PART D -SPECIAL CONDITIONS D-72 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. -10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7 :00 a.m. -6:00 p .m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS A fee for street use permits is in effect. In addition, a separate fee for re-inspections for parkway construction, such as driveways, sidewalks , etc., will be required. The fees are as follows : 1. The street permit fee is $50.00 per permit with payment due at the time of permit application. 2 . A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 11129/04 SC-55 PART D -SPECIAL CONDITIONS 11129/04 SC-56 PART D -SPECIAL CONDITIONS 11129/04 SC-57 Date: ____ _ DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON --------- BETWEENTHEHOURSOF AND __________ -: IF.YOU HAVE QUESTIONS ABOUT THIS SHU'.J'-OUT, PLEASE CALL: MR. AT ___________ _ --(CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. ______________ AT _________________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ------------CONTRACTOR I -I PART D -SPECIAL CONDITIONS F TEXAS DEPARTMENT O.F HE'AL TH DEMOLI TION/ RENOVATION NOTIF ICATJON FORM NOT.E: CIRCL E ITEMS THAT ARE AMENDEO T D ff NOTIFICATION#,..._ _______ _ 1) Abelen:Jen t Contracto r:. ________________ ._lOH Lic:ens" Number._=----- Address : · City : State: __ _,Zip:_· --- Office ehooe Nliihboe t: ( ) J ob Site Phone Number ... '. --...---'----'-'-'---'--SiteoSuP,'.8rvisor:' , .. · ·., ' TOH u~~ NIIJtJlJ.er:,._ ,.. _____________ _ Slte&i peMsa r: JOH Lrtense Number:. ___ .,...... ______ ~-~-- Tr,i:iined On-Site NJ;SHAP lndividool: ________ ......,....._ ___ C.-i1!.1i<:ci~Qn Cate;. ______ _ DemolltlM CMlractot: Office Phone Number<..,. ..,1,..--------- Adi:lres$: Cl l ~: Slate: __ """"'"'Zip:,__ __ _ 2) Projaet Cori:$1,lllsnlQf'Op~r.-----------------·TOH License Nurnbar.. ____ _ Mailing Address : _____________ ~=-~-.,,.,...--,,........,.-------- Clty:. _______ ._. s~:. __ ---'Zip:, ____ omce Phone Number:.._ ______ _ Ell ' ;r. A 3) Facllll yOwner: __ ......... __________________ ----------- H A&tentlon :·_ -~-------------------~---------- P MEiil!ing Add reeo:------~---~==------=-----==-=------:-=---:----,--,,----~--- A City. State: Zip· Owner Phone Number._{ ->---- .. ,Noto : l'ht involco for Uio notlficatlon fao wlll ba sent to the ow"er of the b1,1lld.lng •nd the bllllngi llddross for the lnv.oica wlll be 0 obtained from tile 1nformauon th aUs pti)llided In this aeclio.n. · N e s ft ~ r ,,,!;'' 4) Oescrfptlon or Facility Name=--------,-----------,--------------Phyeic:al Ad dr95S : . ....,........,.....,._ ______ __._County: Clty. _____ ... Zlp ._· --- Facllity Phone Numbe . . .. Faciity Contact Person: ___________ _ ~scriplion DfAre$/RQ,;,m N1.1mber; _____ ---------------------- Pri0r Uee:_ ...... ______ ..,.,... ___ -..:FUIUta use:·------~=--------- Age of Bulldlng}Facllity: ____ sa:'--------'Nimtber Of Roora-· ____ Sdlool(k ~12): [) YES ONO 0 5) Type of'Wor~ Cl Oemolitlcm o Renovatlon (Abatement) o Annual Conaolidabd 1i . · Work ~11 be during ; o Oay o Evening o Night o PhBMc:I Project "· ·· b . Oescrip l lon of work scheduJc:._. ------------~-------------' i:f - .0 · ... L 11129/04 6) Is lhls a Pub lic Buildi ng? Cl YES D NO Fed•ral Faclllty? 0 YES El NO Industrial Sita-? O YES IJ NO NEStiAP-Only Fu:illty? D YES D NO Is Bulldlhg/Facllity Occupf.ed? 0 YES CJ NO 7) NoUfi~Uon Type CHECK ONLY ONE o Ortglna;I (1 o Working Day&) o Cati(:(tllation a .Amendmimt o Emersency{Ordarod If i h'l s l s an amendment , whi ch amendment number Is this?_ (Enclose copy cf orlglnal andJor last amendment) If an ·emergency, who di d yo1J talk with at TOH? .. Emerge~------ Oateand Hour af Ematgency (HHl'MMIODfYY)~· ------- Descr,ptlon of ttie sudden, Ullexpecled event and expl1111atlon or how the aven.t caused unsafe conditions or Woukl cause equ iprmmt dBmage (compuler.s, machinery, etc'----------------------- 8) Oescrl pllon Of J)roeedl.lre'$ to tie followed In ttle event 1ha.t unexpected asbestos is fo\Jnd or previolJ5iy non•frillble ·asbestos material becomes aumb1ad, pulverized. ot tedU()(ld to powder. ____________ -- l.l) VV$$. ~!'! Aebestos S\lrveyperformed? D YES D NO Data ~ / · I TDH lnspecb' UQen,e No.,_• ----- •·.• j Analytical Melhod: D PLM D TEM D Assumed IDH Ull>ot'~ll>1y lfoeose No: ' ' · .... {For TAHPA {publlc bulding) praJeela: an nsumptlon m1Jst be made by a TOH Licensed lnsp~r) :: .. o;: tiescr1p1ion of planned derool~ ar renovation Wi)rk, twe of m•nar, and method(s) to be used.._; ________ _. 11) Desctlpiiari of work praeuces end engineering controls to Ile used 10 prevm,t emlssi.ons of asbestos at the , demolltlcirvren~~ion·. · ................. · 1 .. . .. SC-59 PART D -SPECIAL CONDITIONS 12) A1.L appllcabla llams In th& follOWing tiflbl e must be completed ; IF NO ASB.ESTOS PRESENT CHE(:K H.ERE a Approximate amount of Check unit of measurement AsbHtoi!i.Contalning Building Materta.l ._, __ ~A5--,;blil$lo$;;.;:· =· ..-,.---1-----.---.------1 ifyp& ·"' RACM NOT removed I .non.fr iable removed I non-frfebfe removed ExN!l'iOr Cafe 11 rion-mable removed Cat II non•frlal>le NOT remo1Jad RACM Off-Facility component Pipes Surfsc:e .Aiea Ln ln I SCI R M ! ft 13) Waste Transporter Name: ----_..,-_________ TOH License Number.----- Addresa: ___________ ,City :.-.. =··-------~-"""!State: _Zip._· __ _ Cgnhu;t Per5on: . Phone Num~r.: .... · __._ _______ _ 14) waste msa::;~1 Site Name=--------..,..,,..-------------------Adcfrea a: ....... Cit~ ________ state : ___ Zip:----- Tefephone: ._( -· ·_J .... ·•-·-· ---~-TNRCC P~rnit Number. ______ _ . 15) For slruclurally unsound facllllles, attach a copy of demolllian order .and identify Govemmental OfficlaJ below: Name:......... · Registratio n No: ___________ _ Tille:. ___________ .,....__,. ___ _ Date of order (MM/00/YY) .. I J Date order to begin (MM/00/YY} --'--- 16) Scheduled Oates of Asbestos Abatement (MM/DOM') Start---'---''-. __ Complete; £ £ 17) Sc1ted4.1l$d D~e 0$111olllion/Renovation {MM/00/VV} Slart: .. 1 ... I Comfllet&: / . .,. Nota: If iha at.art dala an Ult• nl)liflc;.aUon ean not bo m•t, Iha TDH ~fonal or Local Program office Mun bit cantactad by phone prior to the &tart data . Failure lo dD lilO 11' a vtoa..tlon t.n accordanco to TAHPA. 8oetlon 295.et . I lieteby cer1ify that all Information I have pro1Jlded Is correct 1 compl~te, and trua to tha best Of my knowledge. I acknowledge ihat I am respons ib le for all M.P&ets ot tha notific:alio nr form, including, but not limiting, content and submlssfon dates. The ~imum penally i6 S10,000 par day per violation. (Sig nal~ of Building OWner( Operator . or Delegated Consutlant/Contractot) MAIL TO: (Printed Name) (Date) ASBESTOS NOTIFICATION SEC'l"JON roxrc $0e1STANCES COriTROl DIVISION TEXAS DEPARTMENT OF HEAL TH , PO BOX 143538 AUSTIN, TX 78714-3538 PH: 612-tl34-.6800, 1-800-572-5548 C ). (Telephone) (Fax Number) ' .·. •Fa-ns am nor 11:CCep:ted•· . · Farm APB#5, f:l~d 0712W02. Replaces TDH form datld 0711 ato1 . Fo, iU$i$~1$ m e¢mp/ffting :rotm, caJl f.80().572-5548 11129/04 SC-60 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS ............... 4 DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE (OMITTED) ................ 4 DA-3 PIPE ENLARGEMENT SYSTEM (OMITTED) ......................................................... .4 DA-4 FOLD AND FORM PIPE (OMITTED) ......................................................................... 4 DA-5 SLIPLININ.G (OMIITED) .............................................................................................. 4 DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT (OMITTED) ........................... .4 DA-7 TYPE OF CASING PIPE (OMITTED) ......................................................................... 4 DA-8 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR (OMITTED) ................ 4 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION (OMITTED) ...................................................................................................................................... 4 DA-10 MANHOLE REHABILITATION (OMITTED) .......................................................... .4 DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMITTED)4 -. DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM (OMITTED) ...................................................................................................................................... 4 DA-13 INTERIOR MANHOLE COATING -QUADEX SYSTEM (OMITTED) ................. 4 DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM (OMIITED) ....... 4 DA-15 INTERIOR MANHOLE COATING -RA VEN LINING SYSTEM (OMITTED) ... .4 DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER (OMITTED) ........................................................................................................................ 5 DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM (OMITTED) ...... .5 DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMIITED) ........................................ .5 DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMITTED) .................. .5 DA-20 PRESSURE GROUTING (OMIITED) ......................................................................... 5 DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMITTED) .............. 5 DA-22 FIBERGLASS MANHOLES (OMITTED) ................................................................... 5 DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ............ 5 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER ....................................... 5 DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS (OMITTED) ........................ .5 DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE (OMITTED) ................. 5 DA-27 GRADED CRUSHED STONES (OMITIED) .............................................................. 5 DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE (OMITTED) ............................... 5 DA-29 BUTT JOINTS -MILLED (OMITTED) ...................................................................... 5 DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) (OMITTED) .......................... 5 DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER (OMITTED) ............... 5 DA-32 NEW 7" CONCRETE VALLEY GUTTER (OMITTED) ........................................... 5 DA-33 NEW 4" STANDARD WHEELCHAIR RAMP (OMITTED) ..................................... 5 DA-34 8" PAVEMENT PULVERIZATION (OMITTED) ...................................................... 5 DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) (OMITTED) ...................................................................................................................................... 5 DA-36 RAISED PAVEMENT MARKERS (OMIITED) ......................................................... 5 DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMITTED) ...................................................................................................................................... 5 DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL (OMIITED) ...................................................................................................................................... 5 11/02104 ASC-1 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-39 ROCK RIPRAP-GROUT-FILTER FABRIC ............................................................ 5 DA-40 CONCRETE RIPRAP (OMITTED) .............................................................................. 9 DA-41 CONCRETE CYLINDER PIPE AND FITTINGS (OMITTED) ................................ 9 DA-42 CONCRETE PIPE FITTINGS AND SPECIALS (OMITTED) .................................. 9 DA-43 UNCLASSIFIED STREET EXCAVATION (OMITTED) .......................................... 9 DA-44 6" PERFORATED PIPE SUBDRAIN (OMITTED) ..................................................... 9 DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMITTED) .......................... 9 DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMITTED) ..................... 9 DA-47 PAVEMENT REPAIR IN PARKING AREA (OMITTED) ........................................ 9 DA-48 EASEMENTS AND PERMITS ....................................................................................... 9 DA-49 HIGHWAY REQUIREMENTS (OMITTED) ............................................................. I 0 DA-50 CONCRETE ENCASEMENT (OMITTED) ............................................................... 10 DA-51 CONNECTION TO EXISTING STRUCTURES (OMITTED) ................................ 10 DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMITTED) 10 DA-53 OPEN FIRE LINE INSTALLATIONS (OMITTED) ................................................. 10 DA-54 WATER SAMPLE STATION (OMITTED) ............................................................... 10 DA-55 CURB ON CONCRETE PAVEMENT (OMITTED) ................................................. 10 DA-56 SHOP DRAWINGS (OMITTED) ................................................................................. 10 DA-57 COST BREAKDOWN (OMITTED) ............................................................................ 10 DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY (OMITTED) .. 10 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP (OMITTED} ......................................... 10 DA-60 ASPHALT DRIVEWAY REPAIR (OMITTED) ........................................................ 10 DA-61 TOP SOIL ....................................................................................................................... 10 DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT ...... 10 DA-63 BID QUANTITIES ......................................................................................................... 11 DA-64 WORK IN HIGHWAY RIGHT OF WAY (OMITTED) ........................................... 11 DA-65 CRUSHED LIMESTONE (FLEX-BASE) (OMITTED) ............................................ 11 DA-66 OPTION TO RENEW (OMITTED) ............ , ............................................................... 11 DA-67 NON-EXCLUSIVE CONTRACT (OMITTED) .......................................................... 11 DA-68 CONCRETE VALLEY GUTTER (OMITTED) ......................................................... 11 DA-69 TRAFFIC BUTTONS .................................................................................................... 11 DA-70 PAVEMENT STRIPING ............................................................................................... 11 DA-71 H.M.A.C. TESTING PROCEDURES .......................................................................... 12 DA-72 SPECIFICATION REFERENCES .............................................................................. 12 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX (OMITTED) ................................................... 12 DA-74 RESILIENT-SEATED GATE VALVES (OMITTED) .............................................. 12 DA-75 EMERGENCY SITUATION,JOB MOVE-IN (OMITTED) .................................... 12 DA-76 1 Yi" & 2" COPPER SERVICES (OMITTED) ........................................................... 12 DA-77 SCOPE OF WORK (UTIL. CUT) (OMITTED) ......................................................... 12 DA-78 CONTRACTOR,S RESPONSIBILTY (UTIL. CUT) (OMITTED) ......................... 12 DA-79 CONTRACT TIME (UTIL. CUT) (OMITTED) ......................................................... 12 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMITTED).12 DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMITTED) .................... 12 11/02104 ASC-2 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMITTED} ............................................ 12 DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMITTED) ............................................. 12 DA-84 TRENCH BACKFILL (UTIL. CUT) (OMITTED) .................................................... 12 DA-85 CLEAN-UP (UTIL. CUT} (OMITTED) ....................................................................... 12 DA-86 PROPERTY ACCESS (UTIL. CUT) (OMITTED) .................................................... 12 DA-87 SUBMISSION OF BIDS (UTIL. CUT} (OMITTED) ................................................. 12 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMITTED) .................. 12 DA-89 CONCRETE BASE REP AIR FOR UNIT II & UNIT III (UTIL. CUT) (OMITTED) 12 DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT} (OMITTED} .................................. 12 DA-91 ADJUST WATER VAL VE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMITTED) .................................................................................................................................... 13 DA-92 MAINTENANCE BOND (UTIL. CUT) (OMITTED) ................................................ 13 DA-93 BRICK PAVEMENT (UTIL. CUT) (OMITTED) ...................................................... 13 DA~94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) ................................ 13 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) ......................... 13 DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) (OMITTED) ........... 13 DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) (OMITTED) ......................................... 13 DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMITTED) .............................................. 13 DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMITTED) ......................................................................................................................... 13 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMITTED) .. 13 DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) (OMITTED) ......................... 13 DA-102 PAYMENT (UTIL. CUT) (OMITTED) ................................................................... 13 DA-103 DEHOLES (MISC. EXT.) (OMITTED) .................................................................. 13 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMITTED) ........................ 13 DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMITTED) .............. 13 DA-106 BID QUANTITIES (MISC. EXT.) (OMITTED) .................................................... 13 DA-107 LIFE OF CONTRACT (MISC. EXT.) (OMITTED) .............................................. 13 DA-108 FLOWABLE FILL (MISC. EXT.) (OMITTED) .................................................... 13 DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) (OMITTED) .............................. 13 DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) (OMITTED) .............. 13 DA-112 MOVE IN CHARGES (MISC. REPL.) (OMITTED) ............................................. 13 DA-113 PROJECT SIGNS (MISC. REPL.) (OMITTED) .................................................... 13 DA-114 LIQUIDATED DAMAGES (MISC. REPL.) (OMITTED) .................................... 13 DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMITTED) ................ 14 DA-1.16 FIELD OFFICE (OMITTED) ................................................................................... 14 DA-117 TRAFFIC CONTROL PLAN (OMITTED) ............................................................ 14 DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS (OMITTED) .................................................................................................................................... 14 11/02104 ASC-3 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS The City reserves the right to abandon without obligation to the contractor. any part of the project, or the entire project, at any time before the contractor begins any construction work authorized by the City. Award, if made, shall be to the lowest responsible bidder. The following shall apply for contract documents with multiple units of work. Each unit represents a separate project, each with an individual M/WBE $pecification and proposal section. The proposal sections are arranged to allow prospective bidders to submit bids on one unit, some of the units. or all of the units. Award of contract(s), if made, shall be to the lowest responsible bidder for each individual unit. If a contractor is the low bidder on two units or more, a single set of contract documents consisting of all applicable units will be created and one single award of contract shall be made. The Contractor shall comply with the City's M/WBE Ordinance for the applicable unit or combination of units and shall submit monthly M/WBE reports for the applicable unit or combination of units. Construction time on all units will run concurrently. For situations involving approved contracts with multiple units, the total allowable construction completion time period far all the units shall be the same as the unit with the longest construction time period. DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE (OMITTED) DA-3 PIPE ENLARGEMENT SYSTEM (OMITIED) DA-4 FOLD AND FORM PIPE (OMITIED) DA-5 SLIPLINING (OMITIED) DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT (OMITIED) DA-7 TYPE OF CASING PIPE (OMITTED) DA-8 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR (OMITIED) DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION (OMITIED) DA-10 MANHOLE REHABILITATION (OMITIED) DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMITIED) DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM (OMITIED) DA-13 INTERIOR MANHOLE COATING -QUADEX SYSTEM (OMITIED) DA-141NTERIOR MANHOLE COATING -SPRAY WALL SYSTEM (OMITIED) DA-15 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM (OMITIED) 11/02104 ASC-4 - PART DA -ADDITIONAL SPECIAL CONDITIONS DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER (OMITTED) DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM (OMITTED) DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMITTED) DA-19 PVC LINED CONCRETE WALL RECO~STRUCTION (OMITTED) DA-20 PRESSURE GROUTING (OMITTED) DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMITTED) DA-22 FIBERGLASS MANHOLES (OMITTED) DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS (OMITTED) DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE (OMITTED) DA-27 GRADED CRUSHED STONES (OMITTED) DA-28 WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE (OMITTED) DA-29 BUTT JOINTS -MILLED (OMITTED) DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) (OMITTED) DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER (OMITTED) DA-32 NEW 7" CONCRETE VALLEY GUTTER (OMITTED) DA-33 NEW 4" STANDARD WHEELCHAIR RAMP (OMITTED) DA-34 8" PAVEMENT PULVERIZATION (OMITTED) DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) (OMITTED) DA-36 RAISED PAVEMENT MARKERS (OMITTED) DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMITTED) DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL (OMITTED) DA-39 ROCK RIPRAP -GROUT -FILTER FABRIC 11/02104 ASC-5 PART DA -ADDITIONAL SPECIAL CONDITIONS A. GENERAL: B. 1. General Conditions, Supplemental Conditions, applicable requirements of Division 1 - General Requirements and the North Central Texas Council of Governments (NCTCOG) Standard Specifications, are hereby made a part of this section. 2. This item shall govern for the installation of rock riprap of the various sizes shown on the plans. DESIGN CRITERIA: 1. The toe of the riprap revetment shall be entrenched in stable channel bottoms. If the channel bottom is not stable, the design shall incorporate other requirements needed to stabilize the revetment toe. 2. The channel side slope shall be as shown on the drawings. 3. Engineering filter fabric material shall be placed underneath the riprap. 4. Riprap shall extend up the bank to an elevation where vegetation will provide adequate protection. See cross sections. C. PRODUCT: 11/02104 1. RIPRAP MATERIAL: Stone for riprap shall be durable and of a suitable quality to insure permanence in the structure. It shall be free from cracks, seams and other defects that would tend to increase deterioration. Rock shall be reasonably well graded between the following prescribed limits: 24" Riprap 18" Riprap Sieve Size (Sguare Mesh) 24inch 18inch 12inch 6inch Sieve Size {Square Mesh} 18inch 12inch 6inch 3inch Percent Passing 100 80-90 45-55 0-20 Percent Passing 100 60-85 15-45 0-15 2. RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid cubic foot (min.) calculated from the bulk specific gravity (saturated surface dry). ASC-6 - - PART DA -ADDITIONAL SPECIAL CONDITIONS 3. FILTER FABRIC BLANKET: Approved Manufacturer: • Supac -Heavy Grade 8NP (UV) • Trevira 011/280 • Amoco4553 • or Equal Heavy Grade 4. RIPRAP GROUTING a. FINE AGGREGATE: Fine aggregate for grouting mix shall consist of natural sand, manufactured sand, or a combination of natural and manufactured sands. The grading and uniformity of the fine aggregate shall conform to the following requirements as delivered to the mixers: Sieve Designation, U.S. Standard Square Mesh 3/8 in. (9.5 mm) No. 4 (4.75 mm) No. 8 (2.36 mm) No. 16 (1 .18 mm) No. 30 (600 um) No. 50 (300 um) No. 100 (150 um) Permissible Limits Percent by Weight, Passing 100 95-100 80-95 55-75 30-60 12-30 2-10 D. EXECUTION: 11/02104 1. CONSTRUCTION: a. The channel side slope and the toe excavation shall be prepared to the required -- lines and grades. b. Filter fabric and riprap shall be placed in succession to the required thicknesses and elevations. Riprap shall be .hand placed around structures to prevent damage . to the structures. 2. INSTALLATION OF THE FILTER FABRIC (GEOTEXTILE): The geotextile shall be placed in the manner and at the locations shown on the drawings. At the time of installation, the geotextile shall be rejected if it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or storage. The surface to receive the geotextile shall be prepared to a relatively smooth condition free of obstructions, depressions. debris, and soft or low density pockets of material. Erosion features such as rills, gullies, etc. must be graded out of the surface before geotextile placement The geotextile shall be placed with the long dimension perpendicular to the centerline of the channel and laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 24-inches of overlap for each joint. Temporary pinning of the textile to help hold it in place until the rock riprap is placed. The temporary pins shall be removed as the riprap is placed to relieve high tensile stress which may occur during placement of material on the geotextile. The specified placement procedure requires that the length of the geotextile be greater than the actual slope length. The Contractor shall adjust ASC-7 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS the actual length of the geotextile used based on initial installation experience. The geotextile shall be protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any geotextile damaged during its installation or during placement of riprap shall be replaced by the Contractor at no cost to the Owner. The work shall be scheduled so that the covering of the geotextile with a layer of the specified material is accomplished within seven (7) calendar days after placement of the geotextile. Failure to comply shall require replacement of geotextile. The geotextile shall be protected from damage prior to and during the placement of rock riprap. Before. placement of gabion units, the Contractor shall demonstrate that the placement technique will prevent damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile. 3. RIPRAP PLACEMENT: Stone for riprap shall be placed on the filter fabric blanket in such a manner as to produce a reasonably well graded mass of rock with the minimum practicable percentage of voids and shall be constructed within the specified tolerance to the lines and grades shown on the drawings. Then intent of these specifications is to require placement of riprap to the thickness shown and to allow isolated stones to extend as much as six inches above grade. Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the fabric. The larger stones shall be well distributed and the entire mass of stones in their final position shall conform to the gradation specified hereinbefore. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry or other source, by controlled dumping of successive loads during final placing, or by other methods of placement which will produce the specified results. Rearranging of individual stones, by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone specified above. The Contractor shall maintain the riprap protection until accepted. Any material displaced by any cause shall be replaced at his erosion to the lines and grades shown on the Drawings. 4. GROUT PLACEMENT: Grout shall be composed of cement, water and air-entraining admixture and sand mixed in the proportions of 1 part of Port.land cement to 3 parts of sand, sufficient water to produce a workable mixture, and that amount of admixture which will entrain sufficient air to produce durable grout, as determined by the ENGINEER. Sand for grouting shall conform to the requirements . of paragraph: FINE AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for concrete except that the time of mixing shall be increased to that necessary to produce a mixt.ure having a consistency such as to permit gravity flow into the interstices of the riprap with the help of limited spading and brooming. The grout shall be used in the work within a period of one (1) hour after mixing. Retempering of ground will not be permitted. Riprap shall not be grouted when the ambient temperature is below 35 degree F. or above 95 degrees F. unless approved by the ENGINEER in writing; nor when the grout, without special protection, is likely to be subjected to freezing temperatures before final set has occurred . Prior to grouting, all surfaces of riprap shall be wetted. The riprap shall be grouted in successive longitudinal strips, approximately 10 feet in width, commencing at the lowest strip and working up the slope. Grout shall be brought to the place of final deposit by approved means, and in no case will grout be ASC-8 PART DA -ADDITIONAL SPECIAL CONDITIONS permitted to flow on the riprapped surface a distance in excess of 10 feet. Immediately after dumping the batch of grout, it shall be distributed over the surface of the strip by the use of brooms and the grout worked into place between stones with suitable spades, trowels , or vibrating equipment. As a final operation, the grout shall be removed from the top surfaces of the upper stones and from pockets and depressions in the surface of the stone protection. After completion of any strip as specified, no workman or any load shall be permitted on the grouted surface for a period of at least 24 hours. The grouted surface shall be protected from rain, flowing water, and mechanical injury. The surface of all grouted riprap shall be cured by keeping the surface continuously wet for a period of not less than 7 days. E. MEASUREMENT AND PAYMENT 1. FILTER FABRIC: Filter fabric will be measured by the square yard for material used including that required at toes and thickened edges of riprap. Payment for filter fabric will be made at the contract unit price per square yard which includes all plant, labor, material , and all installation costs in-place, complete. 2. STONE RIPRAP: Stone (rack) riprap will be measured by the cubic yard using actual plan dimensions. Payment for riprap will be made at the contract unit price per cubic yard which includes all plant, labor, material, and installation costs in-place, complete. 3. GROUT: Grout for rock riprap will be measured by the square yard using actual plan dimensions. Payment for grout will be made at the contract unit price per square yard which includes all plant, labor, material, and installation costs in-place, complete. DA-40 CONCRETE RIPRAP (OMITTED) DA-41 CONCRETE CYLINDER PIPE AND FITTINGS (OMITTED) DA-42 CONCRETE PIPE FITTINGS AND SPECIALS (OMITTED) DA-43 UNCLASSIFIED STREET EXCAVATION (OMITTED) DA-44 6" PERFORATED PIPE SUBDRAIN (OMITTED) DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMITTED) DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMITTED) DA-47 PAVEMENT REPAIR IN PARKING AREA (OMITTED) DA-48 EASEMENTS AND PERMITS Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, bath temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement 11/02104 ASC-9 PART DA -ADDITIONAL SPECIAL CONDITIONS description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. DA-49 HIGHWAY REQUIREMENTS (OMITTED) DA-50 CONCRETE ENCASEMENT (OMITTED) DA-51 CONNECTION TO EXISTING STRUCTURES (OMITTED) DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMITTED) DA-53 OPEN FIRE LINE INSTALLATIONS (OMITTED) DA-54 WATER SAMPLE STATION (OMITTED) DA-55 CURB ON CONCRETE PAVEMENT (OMITTED) DA-56 SHOP DRAWINGS (OMITTED) DA-57 COST BREAKDOWN (OMITTED) DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY (OMITTED) DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP (OMITTED) DA-60 ASPHALT DRIVEWAY REPAIR (OMITTED) DA-61 TOP SOIL Where directed by the Engineer, top soil shall be applied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction , Item 116, except as follows: All labor, equipment, tools and incidentals shall be included in the square yard bid price for the top soil. DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT This item shall include raising or lowering an existing meter box to the parkway grade specified No payment will be made for adjusting existing boxes which are within 0.001 feet of specified parkway grade. The unit price bid shall be full and sufficient payment for all labor, equipment and materials used in the adjustment of the meter box. 11/02/04 ASC-10 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-63 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. 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. In particular, the Contractor shall be aware that it is the City's intention that the quantities in Unit I be used on an "emergency" basis only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $200,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in not case exceed $200,000 (see Options to Renew) including all change orders. DA-64 WORK IN HIGHWAY RIGHT OF WAY (OMITTED) DA-65 CRUSHED LIMESTONE (FLEX-BASE) (OMITTED) DA-66 OPTION TO RENEW (OMITTED) DA-67 NON-EXCLUSIVE CONTRACT (OMITTED) DA-68 CONCRETE VALLEY GUTTER (OMITTED) DA-69 TRAFFIC BUTTONS The Contractor shall supply all materials and labor necessary to install traffic buttons of the same type as were previously installed at locations designated by the Engineer. The buttons to be supplied shall be generally, but not limited to Type W-4 and Type II C-R4 and installed with a Type Ill Epoxy. The unit price bid for this item shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-70 PAVEMENT STRIPING Pavement striping, whenever and wherever encountered, shall be replaced to match the existing striping or as directed by the Engineer. Materials used shall be of 420 Type intersection grade tape (in 18-inch width) such as Stamark as manufactured by 3M company or approved equal. 11102104 ASC-11 PART DA -ADDITIONAL SPECIAL CONDITIONS The unit price bid for this item shall be full compensation for all materials, labor, equipment and incidentals necessary to comp lete t he work . DA-71 H.M.A.C. TESTING PROCEDURES DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shall be unde rstood that the latest revision of such specification , prior to the date of these general specifications or revisions thereof, shall apply . DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX (OMITIED) DA-74 RESILIENT-SEATED GATE VALVES (OMITIED) DA-75 EMERGENCY SITUATION, JOB MOVE-IN (OMITIED) DA-76 1 %" & 2" COPPER SERVICES (OMITIED) DA-77 SCOPE OF WORK (UTIL. CUT) (OMITIED) DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) (OMITIED) DA-79 CONTRACT TIME (UTIL. CUT) (OMITIED) DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMITIED) DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMITIED) DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMITIED) DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMITIED) DA-84 TRENCH BACKFILL (UTIL. CUT) (OMITIED) DA-85 CLEAN-UP (UTIL. CUT) (OMITIED) DA-86 PROPERTY ACCESS (UTIL. CUT) (OMITIED) DA-87 SUBMISSION OF BIDS (UTIL. CUT) (OMITIED) DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMITIED) DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT 111 (UTIL. CUT) (OMITIED) DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMITIED) 11/02104 ASC-12 - - PART DA -ADDITIONAL SPECIAL CONDITIONS DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMITTED) DA-92 MAINTENANCE BOND (UTIL. CUT) (OMITTED) DA-93 BRICK PAVEMENT (UTIL. CUT) (OMITTED) DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) (OMITTED) DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) (OMITTED) DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMITTED) DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMITTED) DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMITTED) DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) (OMITTED) DA-102 PAYMENT (UTIL. CUT) (OMITTED) DA-103 DEHOLES (MISC. EXT.) (OMITTED) DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMITTED) DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMITTED) DA-106 BID QUANTITIES (MISC. EXT.) (OMITTED) DA-107 LIFE OF CONTRACT (MISC. EXT.) (OMITTED) DA-108 FLOWABLE FILL (MISC. EXT.) (OMITTED) DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) (OMITTED) DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) (OMITTED) DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) (OMITTED) DA-112 MOVE IN CHARGES (MISC. REPL.) (OMITTED) DA-113 PROJECT SIGNS (MISC. REPL.) (OMITTED) DA-114 LIQUIDATED DAMAGES (MISC. R~PL.) (OMITTED) 11102104 ASC-13 PART DA -ADDITIONAL SPE.CIAL CONDITIONS DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMITTED) DA-116 FIELD OFFICE (OMITTED) DA-117 TRAFFIC CONTROL PLAN (OMITTED) DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS (OMITTED) 11/02104 ASC-14 SECTION C UNIT Ill -DRAINAGE IMPROVEMENTS UNIT IV -PAVING IMPROVEMENTS Special Instructions to Bidders Special Provisions for Street and Storm Drain SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on .the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety · must (1) hold a certificate of authority from the 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 United 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 so le discretion, will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond, a payment bond and a maintenance bond , in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 , Texas Government Code . In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the 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 United 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 proofrequired herein . The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediatdy provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. Sl-1 All contracts shall require a maintenance bond in the amount of one hundred percent ( 100 %) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. 3 . LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6 , of the "General Provisions " of the Standard Specifications foi: Constructiop of the City of Fort Worth , Texas, concerning liquidated damages for late completion of projects. 4 . AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No . 7400 (Fort Worth City Code Section 13-A-21 through 13-A- 29) prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code , including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 , T exas Government Code. Such prevailing wage rates are included in these contract documents . (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each wo rker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit" pertain to this inspection . ( c) The contractor shall include in its subcontracts and/or shall otherwise require a ll of its subcontractors to comply with paragraphs (a) and (b) above. ( d) With each partial payment estimate or payroll period, whichever is less, an affi davit stating that the contractor has complied with the requirements of Chapter 2258, T exas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7 . FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in Sl-2 determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury- $500,000 each _.person, $1 ,000 ,000 each occurrence ($2,000 ,000 aggregate limit); Property Damage -$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy . 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 ~cceptable in the event of non-payment of premium. e . Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits , or self-funded retention limits, on each policy must not exceed $10 ,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Sl-3 k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident 's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state , but excludes a contractor whose ultimate parent company or majority owner has its princ ipal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state , and includes a contractor whose ultimate parent company or majority owner has its princ ipal place of business in this state. This provision does not apply if this contract involve s federarfunds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In 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 UTil.JZA TION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("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 Sl-4 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 i~ the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 12 . AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities . No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM , PRIME CONTRACTOR WANER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made , will be within ninety (90) days after this documentation is received , but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for each pay period . Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Plans Desk of the Department of Engineering at (817) 392-7910. Bids that so not acknowledge all applicable addenda may be rejected as non-r~sponsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81 , TWCC-82, TWCC-83 , or TWCC-84), showing statutory worker 's compensation insurance coverage for the person's or entity 's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators , employees of any such entity , or Sl-5 employees of any entity which furnishes persons to provide services on the project. "Services " include, without limitation, providing, hauling, or delivering equipment or materials , or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based o~ 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) for 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 ent ity 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 en d of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended . e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage , prior to that person beginning work on the proj ect, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified ma il or personal delivery, within ten (10) days after the contractor knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice , in the text, form and manner prescribed by the Texas Worker 's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contract s to provide services on a project, to: (1) provide coverage , based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the Sl-6 statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts , and provide to the contractor: (a) a certificate of coverage , prior to the other person beginning work on the project; and (b) a new certificate of coverage showin g extension of coverage , prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. ( 6) notify the governmental entity in wmng by certified mail or personal delivery , within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts , to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J . By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker 's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative , criminal , civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the Sl-7 contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not sati sfy other posting requirements imposed by the Texas Worker 's Compensation Act or other Texas Worker 's Compensation Commisston rules. T41s notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials , or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee ". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage , to verify whether your employer has provided the required coverage , or to report an employer's failure to provide coverage ". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race , religion, color, or national origin and shall comply with the provisions of City Ordinance 7278 , as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Execut ive Branch of the federal government, contractor covenants that neither it nor any of its officers , members, agents , or employees, who engage in performing this contract shall , in connect ion with the employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members , agents , or employees , or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA "), Contractor warrants that it will not Sl-8 unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The Contractor will receive full payment (less retainage) from the City for each pay period . b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c . The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the Contractor and the City. d . The warranty period shall begin as of the date that the final punch list has been completed. e . Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the City and there is a dispute regarding (i) final quantities, or (ii) liquidated damages , City shall make a progress payment in the amount that City deems due and payable . g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. Sl-9 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK ................................................................................................................................... SP-4 2. AW ARD OF CONTRACT ....................................................................................................................... SP-4 3. PRECONSTRUCTION CONFERENCE .................................................................................................. SP-4 4. EXAMINATION OF SITE ...................................................................................................................... SP-4 5. BID SUBMITTAL .................................................................................................................................... SP-5 6. WATER FOR CONSTRUCTION ............................................................................................................ SP-5 7. SANITARY FACILITIES FOR WORKMERS ........................................................................................ SP-5 8. PAYMENT ................................................................................................................................................ SP-5 9. SUBSIDIARY WORK .............................................................................................................................. SP-5 I 0. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ...................................................................................................................................... SP-5 11. WAGE RATES ......................................................................................................................................... SP-5 12. EXISTING UTILITIES ............................................................................................................................. SP-5 13. PARKWAY CONSTRUCTION ............................................................................................................... SP-5 14 . MATERIAL STORAGE ........................................................................................................................... SP-5 15 . PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS .......................................................................................................................... SP-6 16. INCREASE OR DECREASE IN QUANTITIES ...................................................................................... SP-6 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS .......................................................... SP-6 18. EQUAL EMPLOYMENT PROVISIONS ................................................................................................ SP-6 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ........................................................................................................................ SP-7 20. FINAL CLEAN UP ................................................................................................................................... SP-8 21 . CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW .......................................................................................................................... SP-8 22. SUBSTITUTIONS .................................................................................................................................... SP-11 23. MECHANICS AND MATERIALSMEN'S LIEN .................................................................................... SP-11 24. WORK ORDER DELAY ......................................................................................................................... SP-11 25. WORKING DAYS ................................................................................................................................... SP-11 26. RIGHT TO ABANDON ........................................................................................................................... SP-11 27. CONSTRUCTION SPECIFICATIONS ................................................................................................... SP-11 28 . MAINTENANCE STATEMENT .............................. : ............................................................................. SP-11 29. DELAYS ................................................................................................................................... SP-11 30. DETOURS AND BARRICADES ............................................................................................................ SP-12 31. DISPOSAL OF SPOIL/FILL MATERIAL .............................................................................................. SP-12 ~ 32. QUALITY CONTROL TESTING ........................................................................................................... SP-12 33. PROPERTY ACCESS .............................................................................................................................. SP-13 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ............................................... SP-13 35. WATER DEPARTMENT PRE-QUALIFICATIONS ............................................................................. SP-13 36. RIGHT TO AUDIT .................................................................................................................................. SP-13 37. CONSTRUCTION STAKES ................................................................................................................... SP-14 38. LOCATION OF NEW WALKS AND DRIVEWAYS .......................................................................... SP-14 39. EARLY WARNING SYSTEM FOR CONSTRUCTION ......................................................................... SP-14 40. AIR POLLUTION WATCH DAYS ......................................................................................................... SP-15 05/27/05 SP-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41. PAY ITEM-UNCLASSIFIED STREET EXCAVATION ...................................................................... SP-15 42. PAY ITEM -12" REINFORCED CONCRETE PAVEMENT ................................................................. SP-16 43. PAY ITEM -SILICONE JOINT SEALING ............................................................................................. SP-16 44. PAY ITEM -7" CONCRETE CURB ........................................................................................................ SP-20 45. PAY ITEM -RETAINING WALL ........................................................................................................... SP-20 46. PAY ITEM -REPLACE EXIST. CURB AND GUTTER ........................................................................ SP-20 47. PAY ITEM -HMAC TRANSITION ......................................................................................................... SP-20 48. PAY ITEM -6" PIPE SUBDRAIN ........................................................................................................... SP-20 49. PAY ITEM -TRENCH SAFETY ............................................................................................................. SP-20 50. PAY ITEM -6" THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION ...................................................................................................... : ......... SP-21 51. PAY ITEM -6" HMAC PAVEMENT (THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES) .................................................................................................................. SP-21 52. PAY ITEM -CONCRETE FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS) ....................................... SP-22 53. PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS, LEADWALKS AND WHEELCHAIRRAMPS .................................................................. SP-22 54 . PAY ITEM-REMOVE EXISTING CURB AND GUTTER ................................................................... SP-22 55. PAY ITEM-REMOVE EXISTING CURB INLET ................................................................................. SP-22 56. PAY ITEM -6" REINFORCED CONCRETE DRIVEWAY ................................................................... SP-23 57. PAY ITEM -REMOVE AND CONSTRUCT CONCRETE STEPS ........................................................ SP-23 58. PAY ITEM-4' STANDARD CONCRETE SIDEWALK, LEADW ALK AND WHEELCHAIR RAMP ....................................................................................................... SP-23 59. PAY ITEM -REMOVE AND REPLACE FENCE ................................................................................... SP-23 60. PAY ITEM -STANDARD 7" CURB AND 18" GUTTER ...................................................................... SP-24 61. PAY ITEM -REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS ........................... SP-24 62. PAY ITEM -BORROW ........................................................................................................................... SP-24 63. PAY ITEM -CEMENT STABILIZATION .............................................................................................. SP-24 64. PAY ITEM -CEMENT ........................................................................................................................... SP-24 65. PAY ITEM -NEW 7" CONCRETE VALLEY GUTTER ........................................................................ SP-24 66. PAY ITEM-STORM DRAIN INLETS ................................................................................................... SP-25 67. PAY ITEM -TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN ......................................................................................................... SP-25 68. PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE) .................................................................... SP-25 69. PRE BID ITEM-PROJECT DESIGNATION SIGN ............................................................................... SP-27 70. PRE BID ITEM -UTILITY ADJUSTMENT ........................................................................................... SP-27 71. PRE BID ITEM -TOP SOIL .................................................................................................................... SP-27 72. PRE BID ITEM -ADJUST WATER VAL VE BOX ................................................................................ SP-28 73. PRE BID ITEM -MANHOLE ADJUSTMENT ....................................................................................... SP-28 74. PRE BID ITEM -ADJUST WATER METER BOX ................................................................................ SP-28 75. NON-PAY ITEM -CLEARING AND GRUBBING .. , ............................................................................. SP-28 76. NON-PAY ITEM -SPRINKLING FOR DUST CONTROL ................................................................... SP-28 77. NON-PAY ITEM -PROTECTION OF TREES, PLANTS AND SOILS ................................................ SP-28 78. NON-PAY ITEM -CONCRETE COLORED SURF ACE ....................................................................... SP-29 05/27/05 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 79 . NON-PAY ITEM -PROJECT CLEAN-UP .............................................................................................. SP-29 80. NON-PAY ITEM -PROJECT SCHEDULE ............................................................................................ SP-29 81. NON-PAY ITEM -NOTIFICATION OF RESIDENTS .......................................................................... SP-29 82. NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNlNG CONSTRUCTION .............. SP-29 83. NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING ........................................ SP-30 84 . NON-PAY ITEM -WASHED ROCK ...................................................................................................... SP-30 85. NON-PAY ITEM -SA WCUT OF EXISTING CONCRETE ................................................................... SP-30 86. NON-PAY ITEM -LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES .......................................................................................... SP-30 87. NON-PAY ITEM -TIE-IN INTO STORM DRAIN STRUCTURE ........................................................ SP~31 88 . NON-PAY ITEM -SPRINKLER HEAD ADJUSTMENT ...................................................................... SP-31 89 . NON-PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS .............................. SP-31 90 . NON PAY ITEM-TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN I ACRE) .... SP-31 91. NONPAYITEM-TRAFFICCONTROL .............................................................................................. SP-32 05/27/05 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: PAVING RECONSTRUCTION: 0 .0 .E. NO. 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following : Reconstruction of 12" Reinforced Concrete Paving on Lime Stabilized Subqrade and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids: Unit 1 and Unit II constitute a package. If the Contractor submits a bid on both Unit 1 and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. The Contractor can bid either the HMAC alternate and/or the Concrete alternate. The additive alternate must be included in any bid. Bidders are hereby informed that the Director of the Department of Engineering reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City-City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein, the term "Engineer" shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed . Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining 05/27/05 SP-4 contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids as appropriate and as determined by the Director of the Department of Engineering. 6. WATER FOR CONSTRUCTION : Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of wor kers at the project site . Specific attention is directed to this equipment. 8 . PAYMENT : The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work spec ifically governed by documentary requ irement for the projects , such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents , in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work , the cost of which shall be included in the price bid in the Proposal for each bid item , including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing " and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11 . WAGE RATES : 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), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevail ing 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 the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258.023. Complaints of Violations and 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 ' 05/27/05 SP-5 wages due under the prevailing wage rates, such amounts being subtracted from successive prog ress 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 arb itration 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 fo r 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 Compl iance. 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 .) 12 . EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated .. Excess excavation will be disposed of at locations approved by the Director of the Department of Engineering . 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 05/27/05 SP-6 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design , from the Owners of the utilities involved and from evidences found on the ground . 16 . INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities . Final payment will be based upon field measurements . The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17 . CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition , Contractor covenants and agrees to indemnify , hold harmless and defend, at its own expense, the City, its officers , servants and employees , from and against any and all claims or suits for property loss , property damage, personal injury, including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers , agents , employees, subcontractors, licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage , loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS : Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12- A-29) prohibiting discrimination in employments practices . The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer 05/27/05 SP-7 any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. · 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference . A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable , must be submitted within fine (5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids . Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications . Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/VVBE participation in the joint venture for a clearly defined port ion of the work to be performed . All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. 05/27/05 Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, SP-8 - 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3 . Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers . Justification for change may be granted for the following : a . Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. c . Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan . d . Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP : Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed . No more than seven days shall elapse after completion of const ruction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials , and in general preparing the site of the work in an orderly manner and appearance. 21 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A Workers Compensation Insurance Coverage a. DEFINITIONS : b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the t ime from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project , regardless of whether that person contracted directly with the Contractor and regardless · of whether that person has employees . This includes, without limitation, independent Contractors , subcontractors, leasing companies, motor carriers, City-operators , employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling , or delivering equipment or materials , or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable to ilets. 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 05/27/05 SP-9 • I 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 sbowing that coverage has been extended. e . The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. f . The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g . The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known , or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 05/27/05 (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of t he project; (4) obtain form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage , prior to the other person beginning work on the project; and SP-10 - j. k. B. (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person. providing services on the project; and (e) contractually require each person with whom it contracts , to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage , the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts , and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self- insured , with the commission's Div ision of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's 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 05/27/05 The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials , or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". SP-11 22 . SUBSTITUTIONS: The specifications for materials set out the m inimum standard of quality that 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 t he material that has been specified . Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved iooii equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN 'S LIEN : The Contractor shall be required to execute a re lease of mechanics and materialmen 's liens upon receipt of payment. 24 . WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. T he work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained . The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS : The Contractor agrees to complete the Contract within the allotted number of working days . 26 . RIGHT TO ABANDON : The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City . 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions : STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2"d Floor, Municipal Building , Fort Worth, Texas 76102 . The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work , except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City 05/27/05 SP-12 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 Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval ; and the action thereon by the Council shall be final and binding . If delay is caused by spec ific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time , his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs ," Item 524 and/or as shown on the plans . Construction signing and barricades shall conform w ith "1980 Texas Manual on Uniform Traffic Control Devices , Vol. No. 1." 31 . DISPOSAL OF SPOIUFILL MATERIAL: Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth 's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain . Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain . Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site , upon notification by the Director of Engineering, Contractor i;hall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section . 32 . QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto . (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. ~ (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project 05/27/05 SP-13 specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested . (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, de rricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections . (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers , de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case . (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 35 . WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT : (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly 05/27/05 SP-14 pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor. agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall , under the exp iration of three (3) years after final payment under the subcontract , have access to and the right to examine and photocopy any directly pertinent books , documents , papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hou rs to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits . (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed . 37. CONSTRUCTION STAKES; The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent w ith professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework . These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage , etc.), one set of excavation/or stabilization stakes , and one set of stakes for curb and gutter and/or paving . It shall be the sole responsibility of the Contractor to preserve , maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opin ion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed , or disturbed , that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place , then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes , at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees . 39. EARLY WARNING SYSTEM FOR CONSTRUCTION : Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored . On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. 05/27/05 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 SP-15 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 co uncil 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 pe rform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS : The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON , within the Metroplex area , runs from May 1, through OCTOBER 31, with 6 :00 a.m . -10:00 a.m . being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ}, in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated A ir Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a .m . if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6 :00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month . CONSTRUCTION 41 . PAY ITEM -UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item . Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. 05/27/05 SP-16 During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated . Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 1 O percent , then actual quantities will be paid for at the unit prices bid . The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42 . PAY ITEM -12 " REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement ," shall apply . The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections . The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work . (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage , the following policy will apply: (1) When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed . (2) If the crack is due to distress (structural), the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining port ion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 .. feet to prevent future spall ing of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43 . PAY ITEM -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT : 1. SCOPE CITY OF FORT WORTH , TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Rev is ion 1, October 18 , 1989) (Revision 2, May 12, 1994) This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2 . (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH , and Item 2.210 "Joint Sealing " of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH TEXAS COUNCIL OF GOVERNMENTS. 2 . MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification . Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint 05/27/05 SP-17 sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, Ml 48686-0994, or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** MIL-S-8802 ASTM D 1475 **** **** **** · AS CURED -AFTER ASTM D 412, Die C ASTM D 3583 (Sect. 14 Mod .) ASTM C 719 ASTM D 3583 (Sect. 14 Mod.) ASTM D 3583 (Sect. 14 Mod.) Non Volatile Content, % min . Extrusion Rate, grams/minute Specific Gravity Skin-Over Time, minutes max. Cure Time, days Full Adhesion, days Mod. Elongation, % min . Modulus @ 150% Elongation, psi max. Movement, 10 cycles@ +100/-50% Adhesion to Concrete,% Elongation min . Adhesion to Asphalt, % Elongation min. 96 to 99 275 to 550 1.206 to 1.340 60 14 to 21 14 to 21 1400 9 No Failure 600 600 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION 05/27/05 On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch SP-18 width "green" saw-cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation . Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days . Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned , and the joint sealant installed . During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising . 4 . EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows : 4 .2 Concrete Saw : The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4 .4 Air Compressors : The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm . There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool : This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contam ination . They shall be compatible with the join depth and width requirements . 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting , cleaning , bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing , the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. 05/27/05 SP-19 When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a d istance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes . Upon the termination of the sandblasting , the joints shall be blown-out using compressed air. The blow tube shall fit into the joints . The blown joint shall be checked for residual dust or other contamination . If any dust or contamination is found , the sandblasting and blowing shall be repeated until the joint is cleaned . Solvents will not be permitted to remove stains and contamination . Immediately upon cleaning , the bond breaker and sealant shall be placed in the joint. Open , cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape , the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperatu re is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled . Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition . Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation . The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints . The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7 . BASIS OF PAYMENT 05/27/05 Payment will be made at the Contract bid item unit price bid per linear foot (L.F .) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of SP-20 shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. 44. PAY ITEM -7" CONCRETE CURB : The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows : Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab . If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 45 . PAY ITEM -RETAINING WALL: This item will consist of plac ing retaining walls in locations and at he ights determined by the engineer in the field . All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows : Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall With Sidewalk" where applicable . All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected . Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 46. PAY ITEM -REPLACE EXIST . CURB AND GUTTER: This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in the field . The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed . Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "REPLACE EXIST. CURB AND GUTTER " as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 47. PAY ITEM -HMAC TRANSITION : This item will consist of the furnish ing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans , as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312 . The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 48. PAY ITEM --6" PIPE SUBDRAIN : No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 49 . PAY ITEM -TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench . The Contractor shall develop , design and implement the trench excavation safety protection system . The Contractor shall bear the sole 05/27/05 SP-21 responsibility for the adequacy of the trench safety system and providing "a safe place to work" for t he workman . The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification . The Contractor shall, in addition, comply with all other applicable Federal , State and local rules , regulations and ordinances . Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal , which shall be total compensation for furnishing design, materials , tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured f rom the top of the existing ground to the bottom of the pipe. 50. PAY ITEM -6" THICK LIME STABILIZED SUBGRADE & CEMENT FOR SUBGRADE STABILIZATION : See Standard Specifications Item No. 210, "Lime Treatment (Material Manipulation)" and Specification Item No. 212, "Hydrated Lime and Lime Slurry" for specifications governing this item. Quantities for this pay item are approximate and are given only to establish a unit price for the work . The price bid per square yard for "6 " THICK LIME STABILIZED SUBGRADE" as shown in the Proposal w ill be full payment for all labor, equipment, tools and incidentals necessary to complete the work. The price bid per ton for "LIME FOR SUBGRADE STABILIZATION" as shown in the Proposal will be f u ll payment for materials necessary to complete the work . 51. PAY ITEM -6" H.M.A.C. PAVEMENT (Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 4 " deep Type "B" course placed in one lift. The surface course shall be a 2" deep Type "D" course placed in one lift. All provisions of Standard Specification No. 312 .7 'Construction Tolerance' shall apply except as modified herein : 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than X of the roadway width . 2) When the th ickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness . This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 05/27/05 SP-22 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2) years old . Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing . For type "B " asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory , through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities . The required Density for Type "B" and for Type "D " asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing . · After a rolling pattern is established , densities should be taken at locations not more than 300 feet apart. The above requirement appl ies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied . Cores to determine thickness of Type "B'' asphalt must be taken before Type "D " asphalt is applied . Upon completion of the application of Type "D " asphalt additional cores must be taken to determine the applied thickness . 52 . PAY ITEM -CONCRETE FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks , wheelchair ramps and driveways as shown in the plans. This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item . Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed . No payment will be made for flatwork until the pay item has been completed, which includes backfilling and finished grading. 53. PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS, LEADWALKS AND WHEEL CHAIR RAMPS: This item includes removal of existing concrete sidewalks, driveways, steps, leadwalks and wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item No. 104 "Removing Old Concrete", for Specifications governing this item . 54. PAY ITEM -REMOVE EXISTING CURB AND GUTTER: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. 55. PAY ITEM-REMOVE EXISTING CURB INLET: 05/27/05 SP-23 This item shall include all labor, materials, and equipment necessary to remove and dispose of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. 56. PAY ITEM -6" THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504, "Concrete Sidewalks and Driveways" for specifications governing this item as well as details S-S5 and S-S5A. The price bid per square foot for "6" THICK REINFORCED CONCRETE DRIVEWAY" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 57 . PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS: See Standard Specification Item No. 516, "Concrete Steps" for specifications governing this item as well as details SM-3 . The price bid per each for "REMOVE CONCRETE STEPS" and "CONSTRUCT CONCRETE STEPS" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 58 . PAY ITEM-4' STANDARD CONCRETE SIDEWALK, LEADWALKAND WHEELCHAIR RAMP : All applicable provisions of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified . The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details , or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division , T PW (Phone 871-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M . Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufacturers instructions . "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification . The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." 59 . PAY ITEM-REMOVE AND REPLACE FENCE : This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or 05/27/05 SP-24 subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 60. PAY ITEM -STANDARD 7" CURB AND 18 " GUTTER: All provisions of Standard Specification No . 502 'Concrete Curb and Gutter' shall apply except as modified herein : Subsid iary to the unit price bid per linear foot shall be the following : a . A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. b. If the Contractor fails to backfill either in from of the gutter or beh ind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete . Standard Specifications Item No . 502 , shall apply except as herein modified . Concrete shall have minimum compressive strength of three thousand (3 ,000) pounds per square inch in twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches . A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required . 61 . PAY ITEM-REMOVE AND RECONSTRUCT MAILBOXES/ M ISCELLANEOUS : This item includes the removal and reconstruction of existing mailboxes , brick walls , flowerbed trim and m iscellaneous items w ithin the right of way which may be damaged or removed during construction. When possible , the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition . All applicable provisions of City of Fort Worth Construction Standards shall apply. 62 . PAY ITEM -BORROW: The non-expansive earth fill should consist of soil materials with a liquid limit of 35 or less , a plasticity index between 8 and 20, a minimum of 35 percent passing the No . 200 sieve , a minimum of 85 percent passing the No. 4 sieve, and which are free of organics or other deleterious materials . When compacted to the recommended moisture and density , the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec, as determined by laboratory testing of remolded specimens of the actual materials proposed for the non- expansive earth fill . 63. PAY ITEM-CEMENT STABILZATION : All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 64. PAY ITEM-CEMENT: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply . 65. PAY ITEM -NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field . 05/27/05 SP-25 Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2 :27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No . 314", Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No . 104, "Removing Old Concrete", Item No . 106, "Unclassified Street Excavation" Item No . 208 "Flexible Base ." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2 :27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch . Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic . Work shall be completed on each half within seven (7) calendar days. 66 . PAY ITEM -STORM DRAIN INLETS : An alternative method of construction for these items will be "Pre-Cast" manholes and inlets. If the Contractor desires to use this method, he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable . The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, "Manholes and Inlets" and said construction shall be in compliance with all other requirements of Item 444 where applicable . 67. PAY ITEM-TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN: Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area . Payment will be made for the quantity of earth excavated/backfilled . The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly . Unacceptable material shall be, but not limited to: rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. 68 . PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations , a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or · five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator'' by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical 05/27/05 SP-26 controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi}: If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOi shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $100 application fee . The NOi shall be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O . Box 13087 Austin , TX 78711-3087 A copy of the NOi shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth , TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O . Box 13087 Austin , TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion -- control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with th~ee copies of the SWPPP after award of contract, along_ with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality . LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities . The SWPPP shall be incorporated into in the contract documents. The Contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the Contractor must be prepared and submitted by the Contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized . 05/27/05 SP-27 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 pollut ion 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 . s~bmitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION : Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP . . FOR DISTURBED AREAS LESS THAN 1 ACRE , SPECIAL PROVISION 23 -40 SHALL BE APPLICABLE. 69. PRE BID ITEM -PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction . Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and pain ted in accordance with the enclosed detail. The quality of the paint , painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of%" fir plywood , grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction . The work, which includes the painting of the signs, installing and removing the signs , furnishing the materials , supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, too ls and incidentals necessary to complete the work. 70. PRE BID ITEM -UTILITY ADJUSTMENT : This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal ; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments dete rmined necessary by the Engineer. Should the Contractor damage service lines due to his negligence , where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense . The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 05/27/05 SP-28 71. PRE BID ITEM -TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site . Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the vo lume imported will be paid for and may be substantially less than the proposal quantities listed . 72 . PRE BID ITEM -ADJUST WATER VALVE BOX : Contractor w ill be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces . The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work . 73. PRE BID ITEM -MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No. 450 shall apply except as follows : Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current C ity Water Department Special Conditions. 74 . PRE BID ITEM -ADJUST WATER METER BOX : This item shall include ra ising or lowering an existing meter box to the parkway grade specified . No payment will be made for existing boxes , wh ich are within 0.1' of specified parkway grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work . 75 . NON-PAY ITEM -CLEARING AND GRUBBING : All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing ." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76 . NON-PAY ITEM -SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200 , "Sprinkling for Dust Control " shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77 . NON-PAY ITEM -PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards , shrubs , trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys . This permit can be obtained by calling the Forestry Office at 871- 5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negl igence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of A rboriculture. 05/27/05 SP-29 Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 78. NON-PAY ITEM-CONCRETE COLORED SURFACE : Concrete wheelchair ramp surfaces , excluding the side slopes and curb , shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimens ion, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample , upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item . No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen , sifter, sieve, or other means in order to provide for a uniform color distribution . 79 . NON-PAY ITEM -PROJECT CLEAN-UP : The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to t he 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 red uced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed . No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80 . NON-PAY ITEM -PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction confere nce . This schedule shall detail all phases of construction , including project clean up, and allow the Contractor to complete the work in the allotted time . Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in . Project schedule will be updated and resubmitted at the end of every estimating period . All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM -NOTIFICATION OF RESIDENTS : In order to cut down on the number of complaints from residents due to the dust generated when saw- Gutting joints in concrete pavement, the Contractor shall notify residents , in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects . All costs involved with providing such written notice shall be considered subsidiary to this contract. · 82. NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: 05/27/05 SP-30 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 add ition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 83. NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING : After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet w ith all affected residents and present the projected schedule , including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. 84 . NON-PAY ITEM -WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed,· crushed stone and shall meet the following gradation and abras ion : (Actual washing not required if gradation is met) Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S .T .M . Designation C-131 . 85 . NON-PAY ITEM -SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C . is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item . 86 . NON PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES : The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. The Contractor shall attempt to include the construction engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure . 05/27/05 SP-31 It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Southwestern Bell Telephone Texas Utilities Lone Star Telephone Number (817) 338-6275 (817) 336-9411 ext. 2121 (817) 336-8381 ext. 372 Contact Person "Hot Line" Mr. Roy Kruger Mr. Jim Bennett Of course, under the terms of this contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 87. NON PAY ITEM -TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. · 88 . NON PAY ITEM -SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section . No other compensation will be provided. 89. NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street · use permits is in effect. In addition, a separate fee for re-inspections for parkway construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: The street permit fee is $50.00 per permit with payment due at the time of permit application. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection . Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 90. NON PAY ITEM -TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dames, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and 05/27/05 SP-32 to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes , ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes , dams, sediment basins , slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading , mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil- erosion-control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will m inimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3 . When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 4 . All waterways shall be cleared as soon as practicable of false work, piling , debris or other obstructions placed during construction operations that are not part of the finished work. 5 . The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs w ith fuels, oils, bitumens , calcium chloride or other harmful materials . He shall conduct and schedule his operations so as to avoid or minimize siltation of streams , lakes and reservoirs and to avoid interference with movement of mig ratory fish . E. SUBMITTAL: Prior to the start of the applicable construction , the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a m inimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. 91. NON PAY ITEM -TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition -· Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Un iform Act Regulating Traffic on Highways," codified as 05/27/05 SP-33 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) 392-8712, at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign , street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit requ ired construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign . In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the .. City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." 05/27/05 SP-34 (To be printed on Contractor's Letterhead) Date: ____ _ CONSTRUCTION NOTICE DOE No : xxxx Project Name: A. Mapsco Location: <XXE> Limits of project.: <example: A lpha St. between Beta Street and Gamma Ln .) Estimated Duration of Construction on your Street : <XX> days This notice is to inform you that under a contract with the City of. Fort Worth, our company will <replace water and/or sewer lines -reconstruct the street etc ... > on or around your property. Weather permitting; construction will begin in approximately ___ days from the date of this notice. If you have any questions about access, security, safety or any other issue, please call: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO .> AFTER 4:30 P.M. OR ON WEEKENDS, PLEASE CALL 392-8100 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL. 05/27/05 SP-35 Fecha: ____ _ NOTA DE CONSTRUCCION Numero DOE: xxxx Nombre del proyecto: Ubicaci6n de Mapsco: Limites del proyecto: <example: Alpha St. entre Beta Street a Gamma Ln .) Estimaci6n de la duraci6n de la construcci6n en su calle: <XX> dias Esta nota es para informarle que bajo un contrato con la Ciudad de Fort Worth, nuestra compania hara <reparaciones de lineas de agua y/o alcantarillado -reconstruira la calle etc ... > En o alrededor de su propiedad. Permitiendo el estado de tiempo; construcci6n empezara en aproximadamente dias de la fecha de esta nota. Si usted tiene cualquier pregunta acerca de acceso, seguridad o cualquier otro asunto, por favor llama a: Sr. <CONTRACTOR'S SUPERINTENDENT> Al <TELEPHONE NO.> 0 . Sr. <CITY INSPECTOR> Al <TELEPHONE NO.>. Para solicitar informaci6n sabre este proyecto en espanol llame al 871- 8306. Despues de las 4:30 p.m. o en los fines de semana, llame al 392-8100. POR FAVOR MANTENGA ESTE AVISO CERCA CUANDO USTED LLAME. (To be printed on Contractor's Letterhead) 05/27/05 SP-36 SECTION D UNIT I -WATER IMPROVEMENTS UNIT II -SANITARY SEWER IMPROVEMENTS UNIT Ill -DRAINAGE IMPROVEMENTS • UNIT IV-PAVING IMPROVEMENTS - Certificate of Insurance Performance Bond .Payment Bond Maintenance Bond Contract Contractor Compliance with Worker's Compensation Law Conflict of Interest Questionnaire Conflict of Interest Questionnaire Requirement CERTIFICATE OF INSURANCE TO : CITY OF FORT WORTH Date~ NAME OF PROJECT: Paving, Drainage, Water and Sewer Improvements on Phase 1 of Keller-Hicks Road from 750' West of Ridgeview thru Alta Vista Intersection PROJECT NUMBER : P264-602 l 50065383/P27 4-702130065383 IS TO CERTIFY THAT: Conatser Construction TX, LP is , at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described . Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker 's Compensation Comprehensive General Bodily Injury : Liability Insurance (Public Ea. Occurrence: $ Liability) Property Damage: Ea . Occurrence: $ Blasting Ea . Occurrence: $ Collapse of Building or structures adjacent to Ea . Occurrence : $ --- excavations Damage to Underground Utilities Ea . Occurrence : $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea . Person: $ Ea . Occurrence : $ Property Damage : Ea . Occurrence : $ Bodily Injury: Contractual Liability Ea. Occurrence : $ Property Damage: Ea. Occurrence : $ Other Locations covered : ----------------------------------- Des c rip ti on of operations covered:----------------------------- The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5 ) days after the insured has received written notice of such change/or cancellation . Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured , the above policies contain such special requirements , either in the body thereof or by appropriate endorsement thereto attached . The City, its officers , employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer 's liability insurance coverage under Contractor 's workers ' compensation insurance policy. A enc Insurance Company: ___________ _ ~Fo=rt'--=---'W'-'---=-o~rt=h~A~g~e=n~t ______________ By ___________________ _ Address Title ------------------------------------ CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406 .96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No .5317 and City of Fort Worth Project No . P264- 602150065383/P27 4-702130065383. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR N Title: 'V)(t °W6.,d tn:t Date : 1 }3 l 01 Before me , the undersigned authority, on this day personally appeared roo.x'L ~s ' known to me to be the person whose name is subscribed to the foregoing i~ment, and acknowledged to me that he executed the same as the act and deed of Conatser Construction TX. LP for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this _3__ day of . )JA \~ SYDNEY JONES Notary Public, State of Te xas My Commission Exp ire s Moy 09, 2010 . 20 rn . I u Bond No : 0220209 5 0 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Liberty Mutual That we (1) Conatser Construction TX, LP as Principal herein, and (2) Insurance Canpany , a corporation organized under the laws of the State of (3) MA , and who is authorized to issue surety bonds in the State of Texas , Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas , Obligee herein , in the sum of: One Million Seven Hundred Four Thousand One Hundred Ninety-seven and 50/100 ............................. ... ($1,704,197.50) Dollars 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 contract with the Obligee dated the JUN o1 g ZOOJ 2007 a copy of which is attached hereto and made a part hereof, for the construction of: Paving, Drainage, Water and Sewer Improvements on Phase 1 of Keller-Hicks Road frol'n 750' West of Ridgeview thru Alta Vista Intersection NOW THEREFORE , the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans , specifications , and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void ; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. JUN 19 2007 SIGNED and SEALED this __ of 2007. ATTEST: (Principal) Secretary (SEAL) itne as toincipal 5327 Wichita St drFort 'Worth, TX 76119 Ad ess ATTEST: (Surety) Secretary (SEAL) (Address) Fort Worth, TX 76109 Fort Worth, TX 76119 (Address) Liberty Mutual Insurance Company BY~~ (AttorneynTact)(sj Glenna S. Davis 175 Berkeley Street Boston, MA 021 17 Tel !~?dress) 972.233.9588 NOTE: Date offfooa must not 6e prior to date of Contract (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond No: 022020950 PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, (1) Conatser Construction TX, LP, as Principal herein, and (2) Liberty Mutual Insurance Canpany ___ , a corporation organized and existing under the Jaws of the State of(3) MA , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Million Seven Hundred Four Thousand One Hundred Ninety- seven and 50/100 ................................ Dollars ($1,704,197.50) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents : JUN 1 9 2007 WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the __ day of _____ ,, 2007, 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: Paving, Drainage, Water and Sewer Improvements on Phase 1 of Keller-Hicks Road from 750' West of Ridgeview thru Alta Vista Intersection NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code , as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void ; otherwise, to remain in full force and effect. PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended , and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. JUN 19 2007 SIGNED and SEALED this __ day of,-----2007 . J ATTEST: (Principal) Secretary Vice President of Conatser (SE AL) ATTEST: Secretary (SEAL) Title: Mana 2eirent Group, Inc,, GP Address: PO Box 15448 Fort Worth, TX 76119 Liberty Mutua l Insurance C~y :~~~ Name: Glenna S. Davis Attorney in Fact Address: )75 Berkeley Street Boston, MA 021 JZ WitnessisSurety Telephone Number: 972 .233.9588 Carolyn Maples NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bo nd No : 0 22 0 2 0 9 50 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § That Conatser Construction TX, LP ("Contractor''), as principal, and Liberty Mutual Insurance Canpany • a corporation organized under the laws of the State of MA , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City ") in Tarrant County , Texas, the sum of One Million Seven Hundred Four Thousand One Hundred Ninety-seven and 50/100 ................................................................................................................................... Dollars ($1.704,197.50), lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves , their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned , however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the __ of JUN 1 9 2007 , 2007, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Paving, Drainage, Water and Sewer Improvements on Phase 1 of Keller-Hicks Road from 750' West of Ridgeview thru Alta Vista Intersection the same being referred to herein and in said contract as the Work and being designated as project number(s) P264-602150065383/P274-702130065383 and said contract, including all of the specifications, conditions, addenda , change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City ; and WHEREAS , said Contractor binds its-elf to maintain said work in good repair and condition fo r said term of Two (2) years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering , it be necessary; and , J WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided . NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract , these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect , and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted . IN WITNESS WHEREOF , this instrument is exf~a1T ed in 6 counterparts, each of which shall be deemed an original, this __ day o~UN 19 , A.D~ 2007. ATTEST: (SE AL) Secretary ATTEST: (SE AL) Secretary Vice President of Conatser Managerrent Group, Jue , , GP Liberty Mutual Insurance Ccxnpany Surety By•~dx{l~ Name: Glenna S. Davis Title: Attorney-in-Fact 175 Berke ley Street Boston, MA 02117 Address Tel No. 972.233.9588 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2133684 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint MICHAEL A. DELABANO, GREG A. WILKERSON, GLENNA S. DAVIS, CATHY VINSON, CAROLYN MAPLES, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS ......................................................................................................................... . , each individually if there be more than one named, its true and lawful attorney-in-fact to make , execute , seal , acknowledge and deliver, for and on its behalf as surety_ and as its act and deed, anv and all undertakings , bonds , recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100**'***************** DOLLARS ($ 25,000,000.00***** ) each, and the execution of such undertakings , bonds , recognizances and other surety obligations , in pursuance of these presents , shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII -Execution of Contracts : Section 5 . Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe , shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make , execute, seal , acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Such attorneys-in-fact , subject to the limitations set forth in their respective powers of attorney , shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII , Section 5 of the By-Laws, Garnet W . Elliott , Assistant Secretary of Liberty Mutual Insurance Company , is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make , execute, seal, acknowledge and deliver as surety any and all undertakings , bonds , recognizances and other surety obligations . That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. Ill Ill G> s:: ·;; ::, .c > s:: cu =s Bi->-cn G>W EE IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of O Q. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting , Pennsylvania this 3rd day of May , :t: 0 ~ITT <M 0~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY 55 LIBERTY MUTUAL INSURANCE COMPANY By~~M-w<~ Garnet W. Elliott, Assistant Secretary On this~ day of May , 2007 , before me , a Notary Public , personally came Garnet W . Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company ; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation . first above written . CERTIFICATE COMMONWEAi.TH OF PENNSYLVANIA NQlaria! Seal Tere6;t?a\.1ella. N(;tuy PUbk f'ty'lncxilh TWp., Monlgome!y Cwl\y My Corrmi$oon E,pires Mar. 2.8.2009 By~ Ter6sa Pastella , Notary Public I, the undersigned , Assistant ecretary of Liberty Mutual Insurance Company , do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy , is in full force and effect on the date of this certificate ; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII , Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March , 1980 . VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds , shall be valid and binding upon the company with the same force and effect as though manually affixed . JUN 1 9 200 7 IN TESTIMONY WHEREOF , I have hereunto subscribed my name and affixed the corporate seal of the said company, this--------day of ._ "C I G> s:: ~ cu if la .!!?o .s::o -·· _en 0 s:: ~m :S,! = G> ~.c G> 0 =~ e'? .!::~ -co S:: I Oo CJ ..... o<D 1-,.!. ~Liberty ~ lVlu.tual.. Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: . Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462~8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved , you may contact the Texas Department of Insurance . This not(ce is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253. 048, Government Code, and Section 53. 202, Property Code, Effective September 1, 2001 THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH. TEXAS CONTRACT KNOW ALL BY THESE PRESENTS JUN 19 2007 This agreement made and entered into this the __ day of A.D., 2007, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924 , under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas , and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Conatser Construction TX, LP, HEREINAFTER CALLED Contractor. WITNESS ETH: That said parties have agreed as follows: I. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Paving, Drainage. Water and Sewer Improvements on Phase I of Keller-Hicks Road from 750' West of Ridgeview thru Alta Vista Intersection 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten ( 10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 120 working days . If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated , plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him , the sum of $420 Per working day, not as a penalty but as liquidated damages , the Contractor and his Surety shall be liable to the Owner for such deficiency . 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement o f the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for C ontractor's sole negligence. In addition , Contractor covenants and agrees to indemnify, hold harmless and defend , at its own ex pense, 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 likew ise 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 o r destruction to property of the Owner arising from the performance of an y of the term s 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. T he Director may, if he deems it appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees , on the execution of this Contract, and before beginning work, to make , execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised C ivil Statutes of Texas , as amended , in the form included in the Contract Documents, and such bonds shat I be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth . 8 . Said City agrees and binds itself to pay , and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted by the s uccessful bidder hereto attached and mad e a part hereof. Pay ment w ill be made in monthly installments upon actual work completed by contractor and accepted by t he Owner and receipt of invoice from the Contractor. The agre e d upon total contract amount (includin g/excluding) alternates n/a , shall be One Million Seven Hundred Four Thousand One Hundred Ninety-seven and 50/100 .................................................................................................................. Dollars, ($1,704,197.50). 9 . It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified , promulgated and set out by the City of Fort Worth , Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein . 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to full y comply w ith all the pro v isions o f the same . IN WITNESS THEREOF, the C ity of Fort Worth has caused this instrument to be signed in ~ counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached . The Contractor has executed this instrument through its duly authorized officers in ~ counterparts with its corporate seal attached. JUN 19 2007 Done in Fort Worth , Texas, this the __ day of _____ ..._A.D., 2007. RECOM~~1yr - BY: ~~~ti-- DIRECTOR, DEPARTMENT OF ENGINEERING APPROVED :~ef I TRANSPORTATION/PUBLIC WORKS DIRECTOR Conatser Construction TX, LP PO Box 15448 Fort Worth, TX 76119 CONTRACTOR TITLE p.Q . :&2b 'S4LfD' ft ~!KID, Ii 1lll\C\ ADDRESS November 1960 Revised May 1986 Revised September 1992 CITY OF FORT WORTH CITY MANAGER Marc A . Ott, Assistant City Manager ATTEST : CITY SECRET ARY (SE AL) APPROVED AS TO FORM AND LEGALITY : - - - - - CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business wi.th local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006 , Local Government Code . A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor . ..!J Name of person doing business with local governmental entity. D Check this box if you are filing an update to a previously filed questionnaire. FORM CIQ OFFICE USE ONLY Date Received (The law requires that you file an updated completed questionnaire with the approp riate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code , is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate .) ~ Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. .!J Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Ame nd ed 01/13/2006 - - - - - CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 12.J Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section , item 5 including subparts A , 8 , C & D, must be completed for each officer with whom the filer has affiliation or business relationship . Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this secti on receiving or likely to receive taxable income from the filer of the questionnaire? DYes DNo 8 . Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the loca l government officer named in this section AND the taxable income is not from the local governmental entity? DYes DNo C . Is the filer of this questionnaire affiliated with a corporation or other business en tity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? DYes DNo D . Describe each affiliation or business relationship . ~ Descri be any other affiliation or business relationship that might cause a conflict of i nterest. ZJ Signature of person do ing bus iness wit h the governmental entity Date Amended 0 1/13/2 006 - ..... - - - CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 17 6 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIO.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 .