Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 38211
so CITY SECRETARY Cs2 -'.Cry SECRET"Af y.. • D.O.E. FILE C)NTRACT NO , FICATIO CANS AND CONTRACT DOCUMENTS LONTRgCTOR`S O CONSTRUCTION'S Copy FOR 2004 CAPITAL IMPROVEMENTS PROJECTS CLIENT DEPARTMENT •• College Avenue (Page Street to West Capps Street) Orange Street aw (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) 4w Wayside Avenue (N. Dead End to West Cantey Street) •• Unit I: Street Reconstruction Unit II: Water and Sanitary Sewer Improvements no IN THE CITY OF FORT WORTH, TEXAS TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO. 5411 .. Mike Moncrief Mayor ..r Greg Simmons, P.E Acting Director "r Transportation and Public Works Department .. so r so of Dale A. Fisseler, P.E. City Manager S. Frank Crumb, P.E. A. Douglas Rademaker, P.E. Director Director Water Department Department of Engineering PREPARED BY DUNAV,fAy 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107 Phone 817.335.1121 Fax -S17.335,7437 2008 Z) ORIGINAL DA No. 2006151.01 02-04-09 PO4:52 IN OWSECRETARY ul r... H ..... r......... STEPHEN R. JAMES ,... ••.63384 Q;�vQtk _ &.7, i K:' I v 6`. D+, Ob M&C Review Page 1 of 3 COUNCIL ACTION: Approved on 1/13/2009 - Ord. No. 18446-01-2009 DATE: 1/13/2009 REFERENCE NO.: C-23275 LOG NAME: 2000LLEGE00455 CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Contract in the Amount of $2,221,902.75 with Texas United Excavators, LLC, for Street Reconstruction, Water and Sanitary Sewer Replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue; Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $711,657.73 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $686,572.88 and Sewer Capital Projects Fund in the amount of $25,084.85; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $686,572.88 and the Sewer Capital Projects Fund in the amount of $25,084.85 from available funds; and 3. Authorize the City Manager to execute a contract with Texas United Excavators, LLC, in the amount of $2,221,902.75 for street reconstruction, water and sanitary sewer replacement on College Avenue (Page Street to West Capps Street), Orange Street (Stanley Avenue to Townsend Drive), Lipscomb Street (West Capps Street to West Berry Street) and Wayside Avenue (North Dead End to West Cantey Street). DISCUSSION: On September 26, 2006, (M&C C-21712) the City Council authorized the City Manager to execute an Engineering Agreement with Dunaway Associates, L.P., for pavement reconstruction, water and sanitary sewer replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue. The 2004 Capital Improvement Program (CIP) includes funds for pavement reconstruction on all streets mentioned above. Street improvements include pavement reconstruction, construction of standard concrete curb and gutter, driveway approaches and sidewalks as indicated on the plans. The Water Department has determined that severely deteriorated water and sanitary sewer lines should be replaced prior to street reconstruction. The project was advertised on May 29, 2008, and June 5, 2008, in the Fort Worth Star -Telegram. On August 21, 2008, the following bids were received: Bidders Amount Texas United Excavators, LLC $2,221,902.75 Stabile and Winn, Inc. $2,380,306.24 Conatser Construction TX, LP $2,507,788.75 McClendon Construction Company $2,534,140.46 JLB Contracting, LP $2,579,571.55 McMahon Construction, LP $2,664,128.70 Jackson Construction, Ltd. $2,976,884.60 Ed A. Wilson, Inc. $2,983,140.50 Time of Completion: 240 - Working Days. The new pavement will consist of seven inch concrete over six inch lime stabilized subgrade with seven inch http://apps.cfwnet.org/council_packettmc review.asp?1D=10431&councildate=111312O09 1/14/2009 m&L, Keview concrete curb. Page 2 of Funding in the amount of $65,255.58 is included for associated water and sewer construction survey, project management, pre -construction, material testing, inspection and project close out (water $58,212.73 and sewer $7,042.85). The contingency funds to cover change orders total $26,640.80 (water $25,000.00 and sewer $1,640.80). Funding in the amount of $165,314.67 is required for associated paving and drainage construction survey, project management, pre -construction, material testing, inspection and project close out. Contingency for pavement reconstruction is $48,064.60. Texas United Excavators, LLC, is in compliance with the City's M/WBE Ordinance by committing to 42 percent M/WBE participation. The City`s goal on this project is 25 percent. This project is located in COUNCIL DISTRICT 9, Mapsco 76T, 76V, 76Z and 90C. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund, the Street Improvements 2004 Overrun Fund and the Critical Capital Projects Fund. TO Fund/Account/Centers 1&2)P253 476045 6091700455ZZ $686,572.88 1&2)P258 476045 7091700455ZZ $25,084.45 2)P253 531350 609170045519 $1,795.40 2)P253 531350 609170045552 $12,068.00 2)P253 531350 609170045580 $905.13 2)P253 531350 609170045582 60410 2_)P253.541200 609170045583 $628 360.15 2)P253 531350 609170045584 $6,034.00 2)P253 531350 609170045585 $36,202.00 2)P253 531350 609170045591 $604.10 2)P258 531350 709170045552 $1,000.00 2)P258 531350 709170045580 $232.65 2)P258 531350 709170045582 $155.10 2)P258 541200 709170045583 $18,042.00 2)P258 531350 709170045584 $1,000.00 2)P258 531350 709170045585 $4,500.00 2)P258 531350 709170045591 $155.10 Submitted for City Manager's Office bW Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1)PE45 538040 0609020 $686,572.88 1)PE45 538040 0709020 $25,084.85 3)P253 541200 609170045583 $603,360.15 3)P258 541200 709170045583 $16,401.20 3)C203 541200 209400045583 $1,524,141.40 3C116 541200 020116040633 $78,000.00 Fernando Costa (8476) A. Douglas Rademaker (6157) Joseph Bergeron (2384) http://apps.cfwnet.org/council_packet/mc—review.asp?ID=1043 I &council date= I /13/2009 1/14/2009 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO. 1 2004 CIP CONTRACT 53 College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO. 5411 CITY PROJECT NO. 00455 ADDENDUM RELEASE DATE: June 23, 2008 BIDS RECEIVED DATE: July 10, 2008 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: Proposal. Delete in Unit I, Street Reconstruction -Concrete Pavement, Pay Item 46, "Flagman - Railroad Right -Of -Way — Services". (See attached for revised sheet.) 2. Proposal: Delete in Unit I, Street Reconstruction -Concrete Pavement Pay Item 51, "Insurance as required by Railroad Company". (See attached for revised sheet.) 3. Comprehensive Notice to Bidders: Add the following statement, "Flagging and Insurance requirements as required by BNSF Railroad will be considered subsidiary to the project cost". .r 4. Proposal: Add in Unit 1, Street Reconstruction -Concrete Pavement an alternate Unit I subtotal amount for construction of this project with the use of concrete without the green cement policy requirements. (See attached for revised sheet.) 5. Proposal: Add in Unit II, Section A - Water Improvements an alternate Unit I1— Section A Water Improvements subtotal for construction of this project with the use of concrete without the green cement policy requirements. (See attached for revised sheet.) 6. Proposal: Add in Unit 11, Section B - Sanitary Sewer Improvements an alternate Unit Ii — Section B - Sanitary Sewer Improvements subtotal for construction of this project with the use of concrete without the green cement policy requirements. (See attached for revised sheet.) 2006151_Adden&m 108.05221 Addendum No. 1, Page I of 7 so ow 7. PrOPosal: Add in Final. Bid Summary an alternate Total Amount Did fnr construction of this project with the use of concrete without the green cement policy requirements. (See attached for revised sheet.) & Notice to Bidder-, & Comprehensive Notice to Bidders: Add the following statement, "A pre -bid meeting will be held on June 24, 2008, from 11:00 a.m. to 12:00 p.m. in the Transportation & Public Works Conference Room, Room 270 at City Hall, 1000 Throckmorton Street,.Fort Worth, Texas". 9. Notice to Bidders: Revise the Bid Opening Date to "July 10, 2008". I0. Noi.ice tq Bidders: Revise the Advertisement Dates io "June 5, 2008 and. June 12, 2008". Please acknowledge receipt of the Addendum in the following locations: (I) In the space provided below (2) In the Proposal, Units I & II: Water, Sewer, Paving and Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: jRF.CETWM & ACKNOWLEDGED ADDENDUM NO. I" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. .. RECEIPTACKNOWLEDGED: A. DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPARTMENT OF ENGINEERING Dena Johnson, P.E. Title:" + Program Manager .•' of r SO ib r ....................... ! ,, , KERVW M. CAMPBELL R '19 98431• ter AL� 2006151.„Addvadum1_0#-%20 (2) Addendum No. t, Page 2 of 7 ow so CITY OF FORT WORTH r DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO.2 2004 CIP CONTRACT 53 College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO. 5411 .. CITY PROJECT NO. 00455 ADDENDUM RELEASE DATE: July 3, 2008 r BIDS RECEIVED DATE: July 10, 2008 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: r PROPOSAL 1. For Unit I, Street Reconstruction -Concrete Pavement, Pay Item 5, "Grass -Sod — Install', the unit r of measure should read SY in lieu of SF. (See attached for revised sheet.) 2, The purpose of this revision is to clarify where "Green Cement" is required oil this project, r Unit I — Pay Item 18, "Pavement --- 7.5-inch -Install' in the base bid is the only bid item that requires use of "Green Cement", 'r Contractor must also provide an alternate total price for Unit I construction using "Non -Green" Cement for Pay Item 18. r Unit II Section A & B — Use of "Green Cement" is not required in any bid items. Delete pages 2, 6, 9, 10, and 11 from the Proposal and substitute the attached, revised pages 2, 6, 9, 10, and 11. 2006151_Ad&,mJu 2_08-0703m Addendum No. 2, Page I of 7 no no No No Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal, Units I & H: Water, Sewer, Paving and Drainage Improvements MP (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 2" i r Failure to acknowledge the receipt of Addendum No. 2 could cause the sabjeet•bidder to be considered "NON -RESPONSIVE", resulting in disqualification. RECEIPT ACKNO I,EDUFD: Bv: c CI 'title: A, _ .r OF Tgy;�' r......................:..1� r KERVili'l M. CAMPBELL is....... ......¢ 98431• No wo 2OW151 _Add-d-2 CA-U?(D mm no A. DOUGLAS RADEMAKER, P.E. DIREC'('OR, DEPARTMENT OF ENGINEERING By; f�ena vi.nson,.P.E. Pr�vm Manager Addendum No. 2, Page 2 of 7 MW MW 208 MW r ow CITY OF .FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO. 3 2004 CIP CONTRACT 53 College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N..Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO, P258 541200 7091700455 DOE NO. 5411 CITY PROJECT NO.00455 ADDENDUM RELEASE DATE: July 9, 2008 BIDS RECEIVED DATE: July 10, 2008 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: NOTICE TO BIDDERS AND COMPREHENSIVE NOTICE TO BIDDERS I. Revise the bid opening date to Thursday, July 31, 2008. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal, Units I & II: Water, Sewer, Paving and Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 3" Failure to acknowledge the receipt of Addendum No. 3 could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED: n By: Title: A. DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPARTMENT OF ENGINEERING B Dena on, P.E. .096 P m Manager 2006161_Addendum3_08-0788111kme Addendum No. 3, Page 1 of 1 W eey CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO.4 2004 CIA CONTRACT 53 College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 .. SEWER PROJECT NO. P258 541200 7091700455 DOE NO. 5411 CITY PROJECT NO.00455 ADDENDUM RELEASE DATE: July 29, 2008 BIDS RECEIVED DATE: August 14, 2008 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: NOTICE TO BIDDERS AND COMPREHENSIVE NOTICE TO BIDDERS 1. Revise the bid opening date to Thursday, August 14, 2008. .. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below .. (2) In the Proposal, Units I & II: Water, Sewer, Paving and Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 4" ` Failure to acknowledge the receipt of Addendum No. 4 could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED: By: Title: M151_4d6e r4=#4 0"729_k nc A. DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPARTMENT OF ENGINEERING By: ha en Johnson, P.E. Program Manager Addendum No. 4, Page 1 of 1 ow Aug. 11. 2008 12:45PM No.5072 P. 2/51 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO.5 2004 CIP CONTRACT 53 College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 WATER .PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO.5411 CITY PROJECT NO. 00455 ADDENDUM RELEASE DATE: August 8, 2008 BIDS RECEIVED DATE: August 14, 2008 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: COMPREHENSIVE NOTICE TO BIDDERS 1. Delete the last sentence, "In addition, Bidders shall hold their unit prices until the City has completed the acquisition of all permits." from the first paragraph on the top of the second page of the comprehensive notice to bidders document. 2. Contractor to refer to enclosed BNSF permit, in particular Exhibits "C" and "Cl" for insurance and flagging requirements. PROPOSAL 3, Delete Pay Item 5, "Grass -Sod -- Install' from Unit I, Street Reconstruction -Concrete Pavement. City of Fort Worth will be responsible for supplying and installing all grass sod for this project. 4. Delete duplicate Pay Item 14 from Proposal Sheet 2, Pay Item 14 is included on Proposal Sheet 3. 5. Pay Item 17, item description should read "Conduit -- Schedule 40, PVC 3-Inch Bore — Install" in lieu of "Conduit 3-Inch — Install'. 6. Add an alternate bid item 1813 Pavement-7.5 Inch —Install (using non -green cement) 2006151_Add=dam5 09-o8o8 Iona Addendum No. 5, Page I of 50 .. Aug.11. 2008 12:46PM No.5072 P. 3/51 7. Pay Item 22, item description should read "Pavement -Transition -Men 6 Inch HMAC Install" in lieu of "Pavement -Transition -Min 2 Incb HMAC -- Install". 8. Pay Item 23, "Pavement - 12-inch HMAC — Install" shall apply to all aspbalt pavement required within the BNSF ROW on Lipscomb St 9. Contractor to add Pay item 52 Pipe-21 Inch-CL III — Install & 53 Pipe-24 Jncb-CL III -- Install to the Unit l Street Reconstruction —Concrete Pavement. Delete pages 2, 3 & 6 from the Proposal and substitute the attached, revised pages 2, 3 & 6. SPECIAL PROVISIONS 10. The purpose of this revision is to clarify where Traffic Control Plans are required on this project. Contractor will be required to .provide and maintain Traffic Control per the Traffic Control Plsn furnished as a part of this addendum for utility construction at the Berry and Lipscomb Street intersection only (See traffic control plan sheet enclosed). 11. Concrete pavement should consist of concrete having a 2S-day compressive strength of at least 4,000 psi. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal, Units I & II: Water, Sewer, Paving and Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 5" Failure to acknowledge the receipt of Addendum No. 5 could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. RECEIPT ACKNRWLEDGED: A. DOUOLAS RADEMAKER, P.E. P i, i , I V DIRECTOR, DEPARTMENT OF ENGINEERING sy:) T4L,��It_ 13y:- �t. ohason, P.B. Title: kU �nv1 ay Program Manager 2po61$1 A4da &=S t>&W3 laic Addendum No. 5, Page 2 of 50 Aug. 11. 2008 12:46PM No.5072 P. 7/51 GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT [AGENCY ORIGINAL COPY] BNSF File No 020484 Uascomb Street U.S. D.O_T No, 020484V Railroad Line Segment 7500 Railroad Milepost 343.23 This Agreement ("Agreement"), is executed to be effective as of this 31"' day of July, 2008 (uEffective Date'l, by and between BNSF RAILWAY COMPANY, a Delaware corporation (" BNSF'), and the CITY OF FORT WORTH, a political subdivision of the State of Texas (0A9ency")_ RECITALS: WHEREAS, BNSF owns and operates a line of reifoad in and through the City of Fort Worth, State of Texas; WHEREAS, in the Interest of aiding vehicular travel and public safety, the Agency is undertaking a project to improve the existing Lipscomb Street at -grade crossing, located at BNSF Line Segment 7500 and Milepost 343.23, and designated by D.O.T. No. 020484V, by reconsbucting the roadway approaches and constructing a new siidewalk within the existing roadway easement across the BNSF right-of-way as indicated on the Exhibit attached hereto and incorporated herein: and WHEREAS, the Agency also desires BNSF to install one new crossing surface at Lipscomb Street with a new concrete and rubber crossing surface; WHEREAS, the Agency is paying for the acquisition and installation of the new crossing surface at Lipscomb Street. WHEREAS, the BNSF agrees to purchase and install, at AGENCY'S expense, the new crossing surface described in the scope of work herein, and upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE i — SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to the reconstruction of the roadway approaches and the construction of the sidewalk of the Lipscomb Street by Agency and Installation of one new and one existing crossing surface at U.S. D.O.T No 020484V, (hereinafter referred to as the "Crossing") by BNSF, more particularly described on the Exhibit A, including, but not limited to, any and all changes to telephone, telegraph signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation, ARTICLE it — BNSF OBLIGATIONS In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: Form 071d Rev. 09/21/06 Upsm, SbeetAgreement (7r3ans) Page, Addendum No. S. Page 6 of 50 MW Aug, 11. 2008 12.46PM No.5072 P. 8/51 1. In consideration of the faithful performance of the Agency's covenants contained herein, BNSF hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, permission and license to enter upon and use the portion of BNSF's right-of-way as is necessary to reconstruct the roadway aporoaches and construct the sidewalk and thereafter maintain, the Crossing as described further on.Exhibit A. excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of- way; (b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation, such facilities as the BNSF may from time to time deem appropriate; (c) Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate. Th15 Tight is given by BNSF without warranty of title of any kind, expressed or Implietl; and no covenant on waranty of title shall be implied from the use of any word or words herein contained. In the event Agencji I evicted by anyone owning, or claiming tine to or sny interest In said right=of way, BNSF will not be lielile to Agency for any damages, losses or any expenses of any nature whatsoever_ The granting of similar. rights to others, subsequent to the date of this Agreement, will not Impair or lnterfere with the rights granted to Agency herein. 2. BNSF will fumish all labor, materials, tools, and equipment for railroad work required for the constriction of the Project, such railroad work and the estimated cost thereof being as shown on EK= D attached hereto and made a part hereof. in the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentloned therein may be Included as a part of this Agreement upon written approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must Include the following railroad work by BNSF: (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services during construction of the Project as required and set forth in further detal on Exhibit C, attached to this Agreement and made apart hereof, (d) Fumishing engineering and inspection as required in connection with the construction of the Project; (e) Provide asphalt for Agency to place beneath the two tracks to provide further sub -grade stability prior to BNSF installing new concrete crossing surfaces; (f) Installation of one pew 88-foot concrete crossing surface for the SIDING TRACK (south track) complete with new rall, ties, ballast, fasteners, along with appropriate surfacing, to carry the improved roadway and sidewalks; (g) Installation of one existing 88-foot concrete crossing surface for the MAIN TRACK (north track) complete with new rail, ties, ballast, fasteners, along with appropriate surfacing, to carry the improved roadway; (h) Removal of one abandoned track panel from roadway on south side of Crossing LlpsCpmb Street Agreement paV0 /38) Page 2 Form 0118 Rev. MIJ06 Addendum No, 5, Psge 7 of 50 Aug.11. 2008 12:46FM No.5072 F. 9/51 () Make such changes In the alignment, location and elevation of its telephone, telegraph, signal and/or wire lines and appurtenances along, over or under the tracks, both temporary and permanent, as may become necessary by reason of the construction of th® Project, 3, BNSF will do all railroad work set forth in Article 11, Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements 4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency's contractor in connection with the Project which BNSF deems Is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. 5. BNSF may charge Agency for insurance expenses, including seif-+nsurance expenses, when such expenses cover the cost of Employer's liability (including, without limitation, liability under the Federal Employers Liability Act) in connection with the construction of the Project Such charges will be considered part of the actual cost of the -Project regardless of the nature or amount of ultimate liability for Injury, loss or death to BNSF's employees, if any. 6. During the construction of the project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for completed force -account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency a detailed invoice of final Costs, segregated as to labor and materials for each Item in the recapitulation shown on Exhibit D. Pursuant to this section and Article iV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of A33% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment Is made or the date postmarked on the payment Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts In dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. ARTICLE Ill -- AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as fellows: 1 Agency must furnish to BNSF plans and specifications far the Project. Said plans (reduced size 11" x 17'), showing the plan and profile of the roadway work on BNSF right-of-way and marked as Exhibit A& attached hereto and made a part hereof, must be submitted to BNSF for the development of railroad cost estimates. 2. Agency must make any required application and obtain all required permits and approvals for the const action of the Project. 3_ Agency must acquire all rights of way necessary for the construction of the Project 4, Agency must make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project 5. Agency must construct the Project as shown on the attached Exhibit A and do all work (°Agencys Work") provided for in the plans and specifications for the Project, except railroad work that will W performed by BNSF hereunder, Agency must furnish all labor, materials, tools and equipment for the performance of Agency's Work The principal elements of Agency's Work are as follows: Form 0118 Rev. 09121/09 Llpscorn6 3freet Agreement (7130/08) Page 3 Addendum No. 5, Page 8 of 50 Aug.11. 2008 12:47PM No.5072 P. 10/51 MW (a) Design and Reconstruction/Construction of Lipscomb Street and sidewalk; 3 (b) Installation of a pavement marldng stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, `MUTCDI; (c) Installation of advance warning signs in accordance with the MUTCD (d) Perform all necessary grading and paving, including bafckflfl of excavations and restoration of disturbed vegetation on BNSFs right-of-way; (e) Provide suitable drainage, both temporary and permanent; (f) Provide all barricades, lights, flagmen or traffic control devices necessary for preventing vehicular traffic from using a portion of the Crossing, during the installation of the concrete crossing surface- (g) Place asphalt (orovldod by_SME) beneath the two tracks to provide further sub grade stabllily prior to BNSF installing new concrete crossing surfaces; (h) Provide and place subgrade materials In the area of the removed abandoned track panel from south side of Crossing. (i) Construct asphalt/ooncrete roadway surface on approaches to each track. a a) Provide and place twelve (12) inch wide section of asphalt between roadway concrete headers and sidewalks and the new and existing concrete crossing surfaces, Including that portion of Lipscomb Street located between the Main Track and Siding Track, (k) Job site cleanup including removal of all construction materials, concrete debris, surplus sail, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF; 6. INTENTIONALLY LEFT BLANK. 7. The Agency must have advanced railroad crossing signs and standard pavement markings in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the acceptance of this Project by the Agency. 8. The Agency must give SNSF's Manager Public Projects written notice to proceed ("Notice to Proceed") with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the rallroad work (including, without fimitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. 9. The Agency's Work must be performed by Agency or Agency's contractor In a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities, 10. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to execute the C documents. Prior to performing any future maintenance with its own personnel, Agency shall. comply with all of BNSF's applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the SNSF's Internet Webs'rte %ontractororientation corn'; notify BNSF when, pursuant to the requirements of exhibit C, a flagger is required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad Protective Liability Insurance, Form 0118 Rev. =1/D6 Lbscwnb Street Agreement (7rJW) Page 4 Addendum No. 5, Page 9 of 50 Aug. 11. 2008 12:47PM No.5072 P. 11/51 11_ Agency must require b contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.. 12. Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: (a) The Contractor Is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the 'Lines') owned by various telecommunications companies may be buried on BNSF9 property or rightof-". The locations of these Lines have been Included on the plans based on information from the telecommunications companies The contractor will be responsible for contacting SNSF's Communications Network Control Center at 8Qa-533.2891 and/or the telecommunications companies and notifying them of any work that may damage these lines or facilities and/or interfere with their service. The contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering representative to stop construction at no cost to the Agency or BNSF until these items are completed. In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (Including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omisslon of Contractor, Its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSFs property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its Contractor, agents and/or employees, on BNSF's property or within BNSF's right -of --way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of servk;e by a customer or user of such telecommunication eompany(tes).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, iF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. (c) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements, 13, Agency must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit CA and Incorporate in each prime contract for construction of the Project, or the speciflcaWns therefor (q the provisions set forth in Article lit; (ii) the provisions set forth in Article 1V; and (ill) the provisions set forth In Exhibit C and Exhibit C-, attached hereto and by reference made a part hereof. 14. 0ccept as otherwise provided below In this Section 13, all construction work performed hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such contracts must include the following: (a) All work performed under such contract or contracts within the limits of SNSF's right-of- way must be performed in a good and workmanlike manner In accordance with plans and specifigtions approved by BNSF; Form 0118 Rev, M21/06 Lipscomb Street Agreement (7/30/08) Page 5 Addendum No. 5, Page 10 of 50 Aug.11. 2008 12:47PM No.5072 P. 12/51 s (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within SNSF's right-of-way until each of the prime contractors employed In connection with said work must have () executed and delivered to BNSF a letter agreement in the form of Exhibit C4 and (il) delivered to and secured BNSPs approval of the required insurance; and (d) If it is in Agency's best interest, Agency may direct that the construction of the Project be done by day tabor under the direction and control of Agency, or if at any time, In the opinion of Agency, the contractor has Palled to prosecute with diligence the work specified in and by the terns of said contract, Agency may terminate its contract with the contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided, however, that any contractors) replacing the original contactor(s) must comply with the obligations In favor of BNSF set forth above and, provided further, that if such oonstruction is performed by day labor, Agency will, at its expense, procure and maintain 66 behelf of BNSF the insurance required by Exhibit C-1. (e) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's Roadmaster 60 days advance notice of fhe'proposed times and dates for work windows. BNSF and Agency's contractor will establish mutually agreeable work windows for the Project. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligabons BNSF will not be responsible for any additional costs and expenses resulting from a change In work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the contractor's expenses for the Project. 15, Agency must advise the appropriate BNSF Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, Agency must notify BNSPs Manager Public Projects, in writing, of the date on which Agency andfor its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SiTE, (11) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, rrS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (110 THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS 1N, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE Il OF THIS AGREEMENT, M ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED iN ARTICLE 11 OF THIS AGREEMENT, (VQ AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR iTS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY Form 0113 Rev OW1106 Lipscomb StmetAgreerrwrrt tw3ow) PaSa 6 Addendum No. 5, Page 11 of 50 Aug.11. 2008 12:48FM No.5072 P. 13/51 AGENCY WiLL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. ARTICLE IV —JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1. All work contemplated In this Agreement must be performed In a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modtflcations during oonstruction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. 2. The wotk hereunder must be done in accordance with the Exhibit A and the detailed plans and specifications approved by BNSF. 3. Agency must require its contractor(s) to reasonably adhere to the Profeas construction schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work In accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule. BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immedlate restoration of railroad operations (BNSF or its related railroads) or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or Indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF will have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF: (n) Agency (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a manner which is hazardous to BNSF property, fadlitiss or the safe and expeditious movement of railroad traffic; (Iii) the Insurance described in the attached Exhibit C-1 Is canoeled during the course of the Project; or (Iv) Agency fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article 11, Section 1 of this Agreement The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or until additional insurance has been delivered to and accepted by BNSF. In the event of a breach of @ this Agreement, (H) the Temporary Construction License, or (iiii) the Easement, BNSF may immediately terminate the Temporary Construction License or the Easement Any such work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual In writing: Joseph Bergeron Project Manager City of Fort Worth Department of Engineering 1000 Throckmorton Street Fort Worth, Texas 76102 5. Agency must supervise and inspect the operations of all Agency contractors to assure compliance with the plans and spedficatlons approved by BNSF, the terms of this Agreement and all safety requirements of the BNSF railroad, if BNSF determines that proper supervision and inspection is Form 0118 Rsv, 0921/06 L=ft SUM Agmment (MGM) Page 7 Addendum No. 5, Page 12 of 50 Aug. 11. 2008 12:48PM .. No.5072 P. 14/51 -- not being performed by Agency personnel at any time during conswatton of the Project, BNSF has the right to stop construction (within or adjacent to Its operating rigid -of -way). Construction of fhe Project will not proceed until Agency corrects the situation to BNSF's reasonable satisfaction, if BNSF feels the situation is not being corrected In an expeditious manner, BNSF will immediately notify Joseph t3ar_n_eron for appropriate corrective action- B. Pursuant to this section and Article II, Section 6 herein, Agency must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement, less BNSF's Share as set forth in Article IV, Section 6 herein. 7. All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein wilt comply with the terms and provisions of the Federal Aid Highway Program Manual. U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference.. The parties mutually agree that BNSPS preliminary engineering, design, and contract preparation costs described in Article 11, section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement a. The construction of the Project will not commence until Agency gives BNSP's Manager Pubtio Projects thirty (30) days prior written notice of such commencement. The commencement notice will reference BNSF's file number 020494 and D.O.T. Crossing No. 020494V and must state the time that construction activities wi11 begin. 9. In addition to the terns and conditions set forth elsewhere in this Agreement, BNSF and the Agency agree to the following terms upon completion of construction of the Project (a) Agency will own and be fully responsible for repairs, maintenance, future construction or reconstruction of the Lipscomb Street roadway, including the portion of roadway located between the tracks. (b) Agency will maintain the elevation of the Lipscomb Street roadway approaches to match the elevation on the railroad track crossing surfaces. (c) To the extent allowed by law, Agency will maintain the advanced railroad crossing warning sig% and pavement markings and agrees to hold harmless and indemnify BNSF for any claims, damages or losses, in whole or in part, caused by or due to the Agency's failure to maintain the advanced warning signs and markings or other requirements of the MUTCD. NOTHING IN THIS AGREEMENT SHALL EVER BE CONSTRUED 80 AS TO REQUIRE AGENCY TO CREATE A SINKING FUND OR TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND iTS OBLIGATIONS UNDER PARAGRAPH 9 (c) OF THIS AGREEMENT. (d) Agency will do nothing and permit nothing to be done in the maintenance of the Lipscomb Street roadway, which will Interfere with or endanger facilities of BNSF, (e) It is expressly understood by Agency and BNSF that any right to install utilities will be governed by a separate permit or Poem agreement between the parties hereto, (f) BNSF will, at its sole oast and expense, maintain the new crossing surfaces, from end -of. tie to end -of t1e, in proper condkton_ (9) Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the Agency or any other govemmentai or legislative authortly increase the Agency's portion of maintenance cast under this Agreement, BNSF will receive the benefit of any such regulations, ordinances, ads, rules or other laws and the Agency's increased portion of maintenance costs will be incorporated into and made a part of this Agreement Fart 0118 Rav 0921A6 Lipscomb Street Ageement (7«M Page a Addendum No. 5, Page 13 of 50 Aug.l', 2,A 12:48PM No, 5072 P. 15/51 (h) If a rallway or highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment, Crossing Signal House, or the new crossing surfaces Installed hereunder.. the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes, 10. Agency must notify and obtain prior authorization from SNSF's Manager of Public Projects before entering BNSF's right-of-way for inspection and Maintenance purposes and the BNSF Manager of Public Projects will determine if flagging is required, If the construction work hereunder is contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exbiblt G1, as the same may be revised from time to time. Agency will be responsible for its contractor(s) compliance with such obligations. 11. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Texas and the Federal Highway Administration, for a period of one (1) year from the date of the final BNSF invoice under this Agreement. 12. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party.. 13. In the event construction of the Project does not commence within 6 months of the Effective Date, this Agreement will become null and void.. 14. To the extent allowed by law, neither termination nor expiration of this Agreement will release either party from any liability or obligation under this Agreement, whether of indemnhy or otherwise, resulting from any acts, omissions or events happening prior to the data of termination or expiration. NOTHING IN THiS AGREEMENT SHALL, EVER BE CONSTRUED SO AS TO REQUIRE AGENCY TO CREATE A SINKING FUND OR TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER PARAGRAPH 14) OF THiS AGREEMENT„ 15. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, If any provision of this Agreement is prohlbFted by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable.. 18, This Agreement (Including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between BNSF and Agency with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. 17. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mall, return receipt requested, to the parties at the following addresses: BNSF Railway Company: BNSF's Manager Public projects 5800 NORTH MAiN STREET SAGINAW, TEXAS 76170 Agency: Project Manager City of Fort Worth Department of Engineering 1000 Throckmorton Street Fort Worth, Texas 76102 Form 0118 Rev. 08121106 L4noorM S matAgmenmrd ( ) Page g Addendum No. 5, Page 14 of 50 Aug. 11. 2008 12:48PM No. 5072 P. 16/5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by Its duly qualified and authorized ofl9cials as of the day and year first above written, AGENCY CITY OF FORT WORTH ATTEST: Marty Hendrix City Secretary Contmot Authorizatlon Date: BNSF RAILWAY COMPANY By: Prin ama: TI OTHY J. HUYA Title: MANAGER PUBLIC PROJECTS APPROVED: Femando Costa Acting Assistant City Manager Date: a APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED: Amy Ramsey - Assistant City Attorney Date: Greg Simmons Acting Director, Transportatkm/Public Works Department Date: All invoices for the project will be sent to, Joseph Bergeron Project Manager City of Fort Worth Department of Engineering 1000 Throckmorton Street Fort Worth. Texas 76102 Phone: 817-352-2384 Lipscomb Street Agreement (7/3 01 Page 10 Form 0118 Rev 08121/De Addendum No. 5, Page 15 of 50 .. Aug, 11. 2008 12:49PM No.5072 P. 18/51 EXMIT "C" CONTRACTOR REQUIREMENTS 1.01 General • 1.91.01 the Contractor must cooperate with BNS1F' RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjaocnt to Railway property and/or right-of-way, hereafter referred to as "Railway property", during the reconstruction of the roadarayeppmrehes and construction of new sidewalk at Lipscomb Street M01 No. 20484n LS 7500, MP 34322a ig Fort Worth TX. • L01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-l" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit' -V, Questions regarding procurement of the Railroad Protective Liability huwance should be directed to Rosa�Martinez at Mm%12, USA, 214-303-5519. • 1,01.03 The Contractor must plan, schedule and conduct all work activities so as not to hAcrfera with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to eater Railways Property is subject to the absolute right of Railway to cause the Contractor's work on Railways Property to cease it in the opinion of Railway, Contractor's activities create a hazard to Railways Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place; (r) Contractor (or arty of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (b) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilitios or the safe and expeditious movement of railroad traffic; (ni) the insurance described in the attached Exhibit C-1 is canceled during the course of the Piuject; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Finarnent, the work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to roc* the situation to the satisfaction of Mlway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreemeat, (ii) the Temporary Construction License, or (M) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of RaNsy Railway's tight to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits In the everxt that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Joseph Bergeron Project Manager City of Fort Worth Department of Engineering 1000 Throckmorton Street Fort Worth, Texas 76102 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Govemmeutal laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean, water Act, the Oil Pollution Act; the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations, The Contractor hereby indeouaes, defends and holds harmless Rahway for, from and against all fines or penalties imposed or- assessed by F ederal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. Lipscomb Street — Bxhibit C (7131/09) Addendum No. 5, Page 17 of 50 Aug, 11. 2008 12:50PM No. 5072 P. 19/51 • 1,01.06 the Contractor must notify the City of Fort Worth (Joseph Bergeron) at 817-392-2394 and Railway's Manager Public Project% telephone number 817-352-2902 at least thirty (30) calendar days before commencing any work on Railway Property, Contractors notification to Railway, must refer to Railroad's file 9204U 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever- is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top ofml on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Cofactor must furnish the Railway five seiB of working drawing's showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsewaik shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in sharing design, and all calculations and submittals must be in accordance with the current 193NSF-UPRR Guidclines for Iemporary Shoring" AU submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surehaige Ioading and must be designed to meet American Railway Engineeiiiig and Mamtcnanc". -Way Association (previously brown as American Railway Engineering Association) Coopers B-80 live loading stmdard All drawings and calculations must be stamped by a registered professional enginccr- licensed to practice in the state the project is located The Contractor must not begin work until notified by the Railway that plans have been approved_ The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework oven Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railways trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway 1.02 Contractor Safety Orientation • 1,02.,01 No employee of the Contractor, Its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientatlon.com.. The Contractor must ensure that each of its employees, subcontractors, agents or Invitees completes Railways Engineeting Contractor Safety Orientation thr'ougb Internet sesslons before any work is performed on the Project, Additionally, the Contractor must ensure that eacb and every one of its employees, subcontractors, agents or Invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Rallway Property. The Contractor is tuponsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarifration can be found on the web site or from the Railway's Representative. 1.0.3 Railway Requirement's • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, fine of sand debris, and other foreign objects and materials resulting from his operations, Any damage to railway facilities resulting frotn Contractor's operations will be repahvd or replaced by Railway and the cost of such repairs or mplacement must be paid for by the Agency.. • 1.03.02 Lhe Contractor trust notify the Railway's Division General Manager at 811-224-7001 and provide blasting plans to the Railway for review swan (7) calendar, days prior to conducting any blasting operations adjacent to or on Railway's Property, • 11.0.1.03 The Contractor must abide by the following temporary clearances during construction. Lipscomb Street — Exhibit C (7/31/08) 2 Addendum No. 5, Page 18 of 50 Aug.11. 2008 12:50PM No.5072 P. 20/51 • 15, Horizontally from centerline of nearest track ,- ■ 21'-6" Vertically above top ofrail ■ 274" Vertically above top of tail for electric wires carrying less than '750 volts • 28'-0" Vertically above top ofrail for elec is wires carrying 750 volts to 15,000 volts • 30'•0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 341-0" Vertically above top of rail for electric wires carrying morn than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 25' Horizontally ftom centerline of nearest track ■ 23'-3 %" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City ort Worth and must not be undertaken until approved in writing by the Railway, and until the QV of End —Worth has obtained any necessary authorization from the State Regulatory Authority for the infiitigemeni. No extra compensation will be allowed in the event the Contractors work is delayed pending Railway approval, and/or "State Regulatory Authority's approval.. • 1.0106 In the case of impaired vertical top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems' necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency • 1,03.07 T1w details of construction affecting the Railways Property and tracks not included in the contract plans must be submitted to the Railway by City of Fort for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across RaUway's tracks until permission has been obtained from the Railway. The Contractor mast obtain a "Temporary Construction Crossing Agreement" flnm the Railway prior to movltrg his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not requited for use by the Contractor. the temporary crossing for use of the Contractor will be constructed and, at the completion of'the project, removed at the expense of the Contractor, • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is probr'bited and Contractor must immediately notify the Railways Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity.. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue_ • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railways representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan 1.04 01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protectionfon Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation.. Ibis Program must provide Roadway Worker protecdon/on track training for all employees of the Contractor, its subeoni actors, agents or invitees. This training is reinforced at the job site through job safety baiefings_ Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.cot tmctor2dg tioe con. which will be made available to Railway prior to commencement of any work oa Railway Property. During the performance of work, the Contractor Upscotnb Street -- Exhibit C (M 1 /08) 3 Addendum No. 5, Page 19 of 5o Aug, 11. 2008 12:50PM No. 5072 P. 21/51 .w must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasbeets (MSDS), at the job site. • Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services on railroad property under this Agreement. the background screening shall at a minimum meet the criteria defined by the e-RAILSAFE program outlined at h=Jhvww.e-railin addition to any other applicable regulatory requirements. The e-RAILSAFE program uses rail industry background screening standards. Contractor shall obtain consent from all employees screened in compliance with the e-RATLSAFE program criteria to release completed background information to SNSF. Contractor shall be subject to periodic audit to ensure compliance Contractor shall not parnit any of its employees, subcontractors or agents to perform services on property hereunder who are not approved under, ee-RAILSAFE program standards, Railroad shall have the right to deny entry onto Its premises to any of Contractoes employees, Subcontractors or- agents who do trot display the 40thorixed identification badge issued by a background screening service meeting the stimdatds set forth for the i�RAII.SAFE proguaut or who pose a threat, in Railroad's reasonable opinion, to the safety or security of R.k1road's operations. bmftacwrs shall ensure its employees, subcontractors and agents are United States citizens or legally working iri'this country under a work VISA. 1.05 Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster, (Phil Dodson) at Office # 8174S2-2541 or Cell # 817-313-2450 or e-mail ohil.dodsonQbnsf com a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (Le., bulletin the flagger's position). If flagging services arc scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, umdei and/or within twenty-five (25) feet measured borizontally from centerline of the nearest track and when cmnes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Reprosentative, other conditions warrant. • 1.05.02b When any excavation is petfcamad below the bottom of tie elevation, if, in the opinion of Railways representative, track or other Railway facilities may be Subject to movement or settlement • 1,05.02c When work in any way interferes with the safe operation of trains at timetable speeds, • 1.03.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or, blasting in the vicinity. • 1.0102e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in maldng the track impassable . • 1.05.03 Flagging servioes will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee_ However, additional personnel may be required to protect Railway Propetty and operations, if deemed necessary by the Railways Representative. Lipscomb Street— Exhibit C (7131/08) 4 Addendum No. 5, Page 20 of 50 2W Aug.11, 2008 12:50PM No.5072 P. 22/51 • L05.03b E=h time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. 1.05.03c The cost of flagger services provided by the Railway will be borne by the CONTRACTOR, The estimated cost for one (1) dagger is approximately $800.00 for an eight (8) hour basic day with time and one- I&or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and pmperty damage insmance, health and welfare benefits, vehicle, transportation, meals, lodging radio, equipment, supervision and other costs incidental to performing flagging services Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or - estimated flagging rates. TIM FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRA,CT'OR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average ttain traffic on this route is 28 freight trains per 24-hour period at a timetable speed 55 MPH and 2 passenger trains at a timetable speed of 79 MPH. 1.06 Contractor Genera] Safety Requiiremeau • 1,06.01 Work In the prnxlmity of railway track(s) is potentially hazardous where movement oftrains and equipment can occur at any time and in any direetlon. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted witb all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing = include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect Its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s}. 1.06.,03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Repivventative When authority is provided, every contractor, employee must know: (1) who the Raihvay flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or, equipment entering flag/work limits that were not previously job briefed, must notify the dagger immediately, and be given a job briefing when working within 25 feet of the center line of track. 1.06.04 When Contractor employees aloe required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative In charge of the project must be notified. A minimum of two employees must be present at all times. 1.0t~.05 Arty employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railways Property and subsequently released to the custody of a representative of Contractor management Future access to the Railway's Property by that employee will be denied. • L,06,06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structme (bridge) and could result in a train derailment must be repotted immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832.5452 Local emergency numbers arc to be obtained firm the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or otber deadly weapons in their possession while working on Railways Property Lipscomb Street —Extrrbit C (7/31/08) Addendum No, 5, Page 21 of 50 Aug. 11. 200B 12:51 PM No.5072 P. 23/51 1.06.08 All personnel protective equ]pmctrt (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. ons. Current Railway personnel protective equipment requirements are listed on the web site, www.ean1ra0hmdentation.eom. however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (ao yellow lenses); b) bard hats c) safety &hoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-vimbitity work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. Q,IQTE — Should there be a discrepancy between the Information contained on the web site and the -Information in this paramph, the web site will govern.] 1,06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHNERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MA'r'ERLUS, MACHINERY OR EQUIPWNT MUST NOT BE STORED OR LEFT WIT M 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT' IHE VIEW OF A IRAIN APPROACHLYG THE CROSSING.. PRIOR TO.* BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WI rH CONCURRENCE OF THE RAILROAD'S REPRESENTATIVE. 1.06.10 Machines or vehicles must not be left unattended with the engine running_ Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railways Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation prograrn for more detailed specifications) • LOti11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations,. 1.06.12 All power lice wires must be considered dangerous and of high voltage imless informed to the contrary by proper authority. For all power limes the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet, Ifeapacity of the line is not ]mown, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means 1.07 Excavation 1.07.01 Before excavating, the Contractor- must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area.. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits Before commencing excavation, the Contractor mug contact WSE"a Roadmaster no Mpgn) at 117-352-2541 and BNSF's Sign Construction Supervlsor (Dwayne Tiffin) at 817-740-7384. All underground and overhead wires wit] be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line_ it is the Contractor's responsibility to notify any other companies that have underground utilitles in the 3zva and arrange for the lacation of all underground utilities before excavating. • 1.07.02 Ilse Contractor must cease all work and notify the Railway immediately before continuing excavation in the am if obstructions are encountered which do not appear on drawings. if the obstruction is a utility and the owner, of tine utility can be ident fled, then the Contractor must also no* The owner immediately, If there is any doubt about the locative of underground cables or- lines of any kind, no wotk must be perforated until the exact location has been determined. There will be no exceptions to these instructions. Lipscomb Street — Exhibit C (7131/08) Addendum No. 5, Page 22 of 50 .. Rug. 11. 2008 12:51PM No, 5072 P. 24/51 4, • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, mast be shored where there is' any clanger to tracks, structures or personnel. • 1.07,04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaviug work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working of passing through the area are protected fi= all hazards. All excavations must be back filled as soon as possiblo_ 1.08 Hazardous Waste, Substances and Material Reporting 1-0&01 If Contractor discovers any h=dous waste, hazardous substance, petroleum or other deleterious nmterial, including but not limited to any non -containerized commodity or material, on or adjacans to Rm1way7s Property, in or new, any surface water, swmnp, wetlands or watetways, while performing any work under this Agreement, Contractor must immediately; (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discoirwy: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third patties: and (c) exercisB due care with respect to the release, including the taking of any appropriate measure to minimize the.impact of such release„ 1.09 Personal Injury Reporting 1.09,01 The Railway is required to tepoit certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be repotted immediately (by phone mail if unable to contact in person) to the Railways representative in charge of'the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no latcr than the close of shift on the date of the wary Lipscomb Street — Exhibit C (7/31/09) Addendum No. 5, Page 23 of 50 no Aug. 11. 2008 12: 51 PM No.5072 P, 25/51 ,V NON -EMPLOYEE PERSONAL INJURY DATA COLLECIION INFORMAIION REQUIRED IO BE COLLECIED PURSUANT TO FEDERAL REGULATION. II SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND 1S NOT INIENDED TO PRESUME ACCEPTANCE OF RESPONSIBIL TI Y OR L IABIL ITY- 1- Accident City/St 2 Date: Iime: County: _ _ _ 3 Temperature: 4 Weather (ifnon-Railway location) 5. Social Sxurity # 6. Name (Iasi, first, mi) 7. Address: Street: City: St. Zip: 8. Date of Birth: and/or Age Gender: (ifavtn7able)'� 9 (a) Injury: (b) Body Part: (i & (a) Laceration (b) Hand) 11. Dw iptlon ofAccideat (Io include loradtim, action, resort, etc): 12 Imtment ? First Aid Only 7 Required Medical Ireatmcnt ? Othcr Medical Treatment 13. Dr. Name 30. Date: 14, Dr. Address: Street: City . St: Zip: l S Hospital Name: 16. Hospital Address: Street: City: St Zip: 17. Diagnosis: FAX IO RAILWAY AT (91-7) 352-7595 AND COPY TO RAILWAY ROADMASTER FAX (817) 352-7169 RAILWAY MANAGER PUBLIC PROJECTS FAX (817) 357,2912 0 Lipscomb Street-- Exhibit C (7/31/08) 8 Addendum No_ 5, Page 24 of 50 I Aug. 11, 2008 12: 51 PM No.5072 P. 26/51 F.)MBIT "C-I." Agreement Between BNSF RAILWAY COMPANNY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: 0200 Agency Project: Lipscomb Street (DOT No. SQ484D — reconstruct roadway avprtfa'ches and eonstrnet new sidewalk Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated , 200, with the City of Fort Worth for the performance of certain work in connection with the following project: Linscomb Street — reconstruct roadway approaches and construct neww sidewalk. Performance of such work will necessarily require contractor to titer BNSF RAILWAY COMPANY ("Railway") right of way and property ("Rarlway Property")_ The Contract provides that no work will be commenced within Railway Property until the Contiactor employed in connection with said work for the City of Fort Worth (z7 executes and delivers to Railway an Agreement in the form hereof; and (R) provides insurance of the coverage and limits specified in such Agreeanent and Section 3 herein If this AgreemeW is executed by a party who is not the Owner, General Partner, President or Vice President of Conteactar, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agee metit on behalf of Contzactor Accordingly, is consideration ofRailway granting permission to Contractor to corer upon Railway Property and as an inducement for such entry, Contzactor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indomifies, defends and holds harmless Railway for all judgments, awards, claims, demmds, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contiactors subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. 1HE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONS BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS Al2E MOX MATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY, TITS INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUPTS OR JUDGMENTS BROUG$T AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER IBM SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER $O CLAIMED. Lipscomb Street C-1(7/31/08) 1 (Revised Ob 2008, Exhibit C-1) Addendum No. 5, Page 25 of 50 as Aug, 11. 2008 12: 51 PM No.5072 P. 27/51 Contractor ftnther agrees, at its expense, in the name and on behalf of Railway, that it will adjust and seak all claims made against Railway, and will, at Railways discretion, appear and defend airy suits or actions of law or in equity brought against Railway on any claim or cause of action arising or, growing out of or in any manner connected with any liability assumed by Contractor under, this Agreement for which Railway is liable or is alleged to be liable. Railway will Five notice to Contractor, in writing, of the receipt or dependency of such claims and themupon Contractor must proceed to adjust and )candle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railways discretion, must defbnd, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorneys fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits.. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as it result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railroad to the fullest extent permitted by applicable law. THROUGH IH1S AGItEEMENt'.-THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILROAD p'& RAILROAD'S ACTS OF NEGLIGENCE. It is M*itually understood and agreed that the mssumptiou of liabilities and indemnification provided for in this Agreemertf ,survive any termination of this Agreement, Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (if) full and complete payment to Railway of any and all sums or- other amounts owing and due hereunder, Section 3. INSURANCE Contractor must, at its sole cost and expense, proctue and mainWrt during the life of this Agreement the following immanee coverage: A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least S4,000,000 Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ F ire legal liability ♦ Products and completed operations Ihis policy must also contain the following endorsements, wbich must be indicated on the certificate of • Insurance: ♦ It is sgruW that arty workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or, a Railroad Wage Continuation Program or similar- programs and any payments made are deemed not to be either payments made or - obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. ♦ the definition of insured contract must be amended to remove any exclusion or other - limitation for any work being done within 50 fact of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards must be removed No other endorsements limiting coverage as respects obligations under this Ageement may be included on the policy. Lipscomb Street C-1(181/08) 2 (Revised 06-2009, Exhibit C-1) Addendum No. 5, Page 28 of 50 Aug.11, 2008 12:52PM No.5072 P. 28/51 B., Business Automobile insurance. Ihis insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but trot limited to the following; ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Cou tractor's statutory liability under the worker's coropeusation laws of the statc(s) in which the work is to be performed. If optional under State law, the insurance crust cover all employees anyway. ♦ Employers' Liability (Part B) witb limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D, Railroad Protective Liability irwtuance naming only the Railroad as the Insured with coverage of at least $2,000,000 per oc6utmnee and $6,000,000 in the aggregate The policy Must be issued on a standard ISO form CO 00 3510 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO foim CG 28 31 10 93) ♦ Endorsed to inclWe the Limited Seepage and Pollution Endorsernerd. ♦ Endorsed to remove any exclusion for punitive damages_ ♦ No other, endorsements restricting coverage may be added, ♦ The original policy must be provided to the Railroad prior to performing any work or services under this Agtmment Other Requirements: All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of insurance must reflect that no exclusion exists. Contractor agrtres to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy of policy endorsement, waive their tight of subrogation against Railroad for all claims and suits. the certificate of insurance must reflect the waiver of subrogation endorsement, Contractor further waives its right of recovery, and its insurers also waive thee, right of subrogation against Railroad for loss of its owned or, leased property or property under contractor's we, custody or control Contractor's insurance policies through policy endorsement, must include wording which states that the policy is primary and non-contributing with respect to any insurance carried by Aailroad, The certificate of insurance must reflect that the above wording is included in evidenced policies All policy(W) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a sevembility of interest endorsement and Railroad must be named as an additional insured with respect to work performed under- this agreement, SevcrabiMy of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self -insure without the prior written consent of Railroad if granted by Ra&oad, any deductible, self -insured retention or other financial responsibility for claims must be covered dntetly by contractor- in lieu of insurance.. Any and all Ralkead liabilities that would othe¢wise, in accordance with the provisions of this Agreemettr, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims . Prior to commencing the Work, contractor must frunish to Rarboad an acceptable cettifieate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amencirm and referencing the contract andi0older number if available. The policy(ies) must contain a provision that obligates the insurance company(iss) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation Lipscomb Street Gl (7/31/09) 3 (Revised 06-2008, Exhibit C-1) Addendum No, 5, Page 27 of 50 Aug. 11. 2008 12:52PM k 5072 P. 29/51 provision must be indicated on the certificate of insurance. Upon request from ,Railroad, a certified duplicate original of any required policy must be furnished, Contractor should send the certificate(s) to the following address; Ebix BF PO Box 12010--13N Hemet. CA_92546-8010 Fax_number: 951-766-2299 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a cutrent Best's Guide Rating of A- and Class VE or better, and authorized to do business in the state(s) in which the service is to be provide. Contractor represents that this AgrewiW has been thoroughly reviewed by contractor's insurance ageut(s)/bmker(s), who have been instructed by contractor to procure the insurance coverage required by this Agree meni. Allocated Loss Expense must be is addition to all policy Iimits for coverages referenced above Not more frequently than once every five years, Railroad may reasonably modify the required insutat ce coverage to reflect then-crnreat risk management practices in the railroad industry and underwriting practices in the insurance industry. ' If any portion of the operation is to be subcontracted by contractor, contractor roust require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is mgaimd to release, defend and indemnify Railroad heraiu.. Failure to provide evidence as required by this section will entitle, but not requirc, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a .. waiver of contractot's obligations hereunder. the fact that insurance (Including, without limitation, self-inswance) is obtained by eontrectar will not be deemed to release or- diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreemeit, Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. For purposes of this section, Railroad means 'Burlington Northern Santa Fe Corporation", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBII "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appintmances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 8. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) far, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations, Contractor will be billed, as ftuther provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Rahway performing work under this Agreement. Railway agz:es that it will not perform any act to unnecessarily cause train delay_ Lipscomb Street C-1 (7/31/08) 4 (Revised 06-2008, Exhibit C-1) Addendum No. 5, Page 28 of 50 Aug, 11, 2008 12.52PM No.5072 P. 30/51 For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from y's records Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties aclmowledge that passenger, U.S. mail trains and certain othez gxaln, intermodal, coal and Wght trains operate under incentive/penalty contracts hetweers Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performanco and incentive penalties or other eontractua] economic losses actually incurred by Railway which are attributable to a tram delay caused by Contractor or its subcontractors. the contractual relationsbip between Railway and its customers is proprietary and confidential.. in the event of a train delay covered by this Agreemeut; Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $392.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY 'THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENI. Contractor and its subeontraetom must give Rall"y's Roadmaster (Phil Dodson) 4 weeks advance notice of the times and dates for proposed work windows Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting nom a change in work windows shall be accounted for in Cantmetor's expenses for the project, Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Kindly acknowledge receipt ofNs letter by signing and returning to the Railway two original copies ofthis letter, which, upon execution by Railway, will constitute an Agreement between us. (Contractor) BNSF Railway Company By: er• Printed Name: Name: Title: Manager Public Projects Contact Person: Address: City: State _Zip: Fax: Phone: B-mail: Lipscomb Street G1(7/31108) Accepted and effective this day of 20 . (Revised 06.2008, Exhibit C-1) Addendum No, 5, Page 29 of 50 Addendum No. 5, Page 30 of 50 . __ .. _.- - -•- - -I - •._.._.... .. .... -.: i--...- -�-- ..._.. N � !c11AAa: SCxt M ra, Iu # on 'm S Q 1 i i o .vee-..is•a-e fu ��� 1 W i i go irol V � rmr r AirAir • Iv aro d ifffli a a e W �� i iA�L --_i'KY w tr Fie r I J �1f x• _j _ U sw W BERRY ST— — ss wa sr �- _ is -� r w PLODA me K m®� w rs-re»• 1 3 claw civ *An. jr ioe[ »' r .ar IEE ar a rar ' ' . AYit.➢r• . _ f!ta1 _ _ - _ _ .. i i ` a Fcfen ® i l J K A9 ntv Aiir n9r C9 r• iiin Al-, ruts i r» �ti a. i 0 w a nw Yvr �eai irJ r' N41 »� a.• x 7 7 • - - - W � 4 -- - V P6w& r p ryM I •- Q i ._.. ..- -- - •._ _.. i rsaw ruvurArr � jamNoFwnaimr - I I I wAnae I Cy IC`/�/'1 ! arir CWA rJCLV xara Amur �0"`rwsurwrvria¢ iA4MPARK till I V x cm ' 801VIEST rp1Y.uowuoeiuv Y¢ ra �vuran7xw�.ert.,w�awY ` _ Mu aim srwr mwrW ar we Ras ade+or niun�vtuirw r�p6t� nvArna i nor W - loot vNekEdOrtt Al1tV.< Ror M - rtksenwr t7CArN MrtWiM trlGVr E AiiAYLiPY A,i /q®UY A(yu{9(k'7r /dr »Lii,Y►MrrxOYf NtrIRla � i ! � p M AGYfOANC[ � AZ PrYOF W111 uarLr 716RM1 IAr00�Mt _ Act rrO.00[s 71tlL (ais st rl/Sr • AINA7 manor AV nt iw 2 W-• 9 O �.t O - A W -W =f 4WAL Jr /A.k6= Arrn9 Aur•.iarp0 xan SW Oililriuii/7 MOIr A(IrIS LIC WlW W ?Alf rr ) rM ADWAf Oro r —. -• .------ Q © `� { %Y. BERRY ST reeArwvo ► Ar IV ti w s■srmAic !© c -• - --!.. _ ._ _ . _ t --' ' .. _ trwirx I wos" LAgaanaaw 7aLiom ntt s' IpY1r as [v Aerax _ 1Ufr © ®© L1 'Fir n7R4r7A:rNrOaKrA6mNu/uSer�RsureN L��AVE7A1pCTVn/aGLARWr1lnRIB.MCdx'llsirr nNECT AAr rG9t1r krA7 irL J. Aqm a—w-OF r.& MowH rAGAiL7Frxr>vx OiIGiW ! \ [ ` F rrAair oral ramwl im mRr° a�ere�w MMC vl 10 JwstAu.Pwlamr�a�fi4/.v a Mrrprrcrrw � � urroR sr. smmntr i _..--I lL � i ! Novo ♦ "'� I.,--.. . _ .-__. __..� Y •-. _ _ __ -... _._ I __ .. _ .. Rat >oRW �[� Yi�L N NiA4F8 sa°i I I'!:%+ cO txr qy [� A KWN�AY taalrrearXae%to�cetler-trnraicev�atwlartx»im wat ��r�,,,r CITY of FORT WORT", TENAS iseim -� 2004 CIP - OONIRACT 53 LiPWDMB STREET Dort t • •• TAAIF[C CONTROL PLAN ro rtrisxri w air Addendum No. 5, Page 31 of 50 �HH■ H • sy.�K1: rk?k'L l'ivk agar - PAVEMENT MARKING PATTERNS CENTEN LINE L ND-FASSING ZCNE BARRIER LINES FOR TIED -LANE, TINO-WAY MGNNAYS. ,. » IS. �y 79■. 1 O1p11aIa ,p » ■:- ryp tt�ktik 4 r.� ! Y • a •.oi s 1■ opu�■ao. p• �� ■� - - ,—�—■ '� ` i.oiiP••.ar.■oor }■s�eos•o■ev. p• r.11pr Nlloy h� Two It -A -A VA. Y 60"am SOLMpM 09 ►A,BBII IMMMNf - ►AITIRI A ARCUO ,AYIMT VINGIS - MV10191 A 4b"T WHOM ------rar�y � •1I. • .v•r.7■o1 e. o•seaw•ad v �,rr��,,r F s ..a • . s� i • s • ■ 11 t a aae■ •�op�••• ■ , 04.4 ti/ 4 1e f' � lyyl Y tvatfw S f.I• ■` Tyl. II•A,a SOUL MUM PMEWIT N AUM - rA= M ■ NA910 PAY96111' YVII11W - rAT1IIW ■ h.l�d 4j, —Imp Id M.afl W. I W rl� I, I. -I W 1h, telpw, EWE L LAW LIKS FOR DIVIDED NICHNAY 77 po 1-0 Tpr 1, Y.IIw pIjIICR>LIIED rgllslr 1pA.ipra NtilY+kipt./bklrp.Ar Ia .dvdriul.d,.r Mlw/elsl pr1.I■k eI'f[(1a. / open a. eo .eu. ooeo aToesi. .e •eo �T'v M sulaek AwI tK ar jI-C-R �7 1 • ■ a■vo • eras s�i•.a . o..• p Tsve I-A� Type 7 kutr■n. ■s..9s.re...•o•o.■v se•.e. seobs. ovs.. oa. s. o e.• p •■o•••v • o•■eo vo� s. ss o. ■•a•■ 7y�p. IM/r Type Y fvFI1H a so. a o s sae `•esp s f■•. e hp• M hellor• � IIP• 7'.-C cr' i74-R ppa101.r■laeso, •.No•r•••. p•■...e o...op••.o AaucP,AIB¢IIY WlNllts TIp. I-c LANE : CENT" LINES FOR WLTILAW UNDIVIDW NIGRNAYS r� >tiM S fMIMII■W. I-G tll t.%� ..■. ��� . ...� . .N4 . o.•• .I •.N .... �yyYYpk- L.f1A Town 7 bL*N r `siii eioii iiiiii■i4i si:i'■ioio of ii AC> 'I/ �_ fIITtI/__ �� [41Igr �. J�� � .f. ■ .■■. ■ NM a .Nr 9 •.N \ �b9s y Y fllllplla Typ. t{ Nrilar III rANNEMI IIM1116S MISER IAVIM IIM OMR rAAlfrlvow rcww rp S• eA.god■r Far rwimow ll.r 9u■.a.■..L f.. 7710-11AY LEFT TARN LANE •� rw •� a.� rudr 917fECI01IlA0 rAWE11T IM■allcs InldkNdM .9MItp. a* PI ■rlvtcvw w Mr Notches wwwt vent.µ ■ sv • ..v. ■ Nee � v... a p•vv 1 aW�ol■ 1tlpo IS e.a•.N Os..r.ic1ou ••a. ■ao. 1•.� Mo ■ 7• ■yfly■:.•. Iall-A .�10.•■ :aeav.r oa•a.•.40 °siv oe�•�o .`a■•(/�e•.4.ite.•s N.� p paN a •..e � .■9p ■ ...v p ,e�1 't/ ISp1 N fdllvp rAW I-S AAISID ►Av1OM NILINW STANDARD WORK ZONE PAVEMENT MARKINGS DETAILS ID, - 71 IYp• II -A-& n�p/o I kp,o s . . • o o� o d/o 1 0 DOUBLE ,,`� �..■ •,o IV�~ Tv o e p u o o e o oo�� e o 0 NO -PASSING 4' I1uvlwr L ENE 4 to 11'5. 5- Iol is EDDE LINE 7ID• L-O . It -A w It -A-. flp• r or ► faflr■ SQL 7� OR SIMILEt-- fD' t r i_INES NO-PASSM4 E-WE ■M.ILI f• eNl• er rkIw TI10� I{ t� Sa' : s' tIN• f.Ir'.II1 S.I�o� • o. o o M e t a LINE ■,""�'rop■ 1 Y e o o e a o o s o 0 0 raQ �1V �sermoslw. va raw r.w. a�ra.r.1•e/rUw=. �IH. oos. n o.os s �p10 � I--er-.Ll--yr��' Typ.I-c a- It-kf �1 I- BROKEN IYP* V or Y Wow* 1'r,� L LIME 1 �„� �• . I---�i u e•Is.o• a �� 0 0 �■.. e w'"o' � (►-10'-.�.--70'��►! ldN ar Y•I br NOm r.ItNlr adl REMOVABLE NARNINCS IITH RAISED I.-Ia—L— FAVBIENE MARILFJtS II I." Ie'alrlarfsa sa rd tl■IDW pa+a1./ I9rkrr. i0 W644 dp607a11E rorhlrg5 1ta refvla *.II w .MI t•d f. 1h. or a 6 I.l .4 u d 1pr� I1-1 r d m fmI A➢rnll'0 rar w1ld Irp 1p1•dw•pMwwv Lo'AI� low1 At tayi d rolpd pv.■a.l mrt.r• pr] e.dlrl In d•. m r - 1■I f1 Id w vdp ,Iw Iohad t■..m ■r1•in vrd a 1.drd ,..alntnsrt7rprytt rArerir..11.rp eiuIi MNSW n t/f mla�rta-pua ar Addendum No. S. Page 32 of 50 TWO" TYPE41-1 AEFLECTWE 00WAOY6 DMNR1PHDrBwL a aBrr �6 i ITPE-I MOM4dTU%lTRIE SPECIAL LAME MARKINGS BUS LANE LIMIUMG SPACING (� •AK W161M.�IDIMA PCRTw1AKY[ wrl+r�a�nyws avia�s� u ARROW -ONLY -ARROW SPACLNO aC A r N M• k B_ U 1_ 4 amx PLI BIKE LANE MARNRO SPAaw IR W e1NiM eAm I1a +•---� a im mrx • � s _ rrlVr.FDemmrrlmlelD_ �KTUCNTMaf��iW IPAIPDIYtIiMYpVy -IA/M01BLU11EMMIMUM OOrt1W1L4QJOa�a.o.t/M.1)pt Wti Wii.i101C�Ys YiLwe.re..endlF LRmISO WLD'OOEAwv.iowlmMulalera..naenl�. 1RNILLE6EIm VBM WRYlP6 WKiW OAP.iMORLNFa1BAADi LA1MnEr�iwmD WaO[AErF6tY 0WrD 11 Ft1riAt®. IACAaoIlDBt1911W�11 ranetwEMevealmeSt FFAIIFtiFDEAr/fYLrePE N PtaVildA IO�FTOPN YR$g0. D D M M. i r-r LANE MARKERS B EPDXY ADHESIVE TO BE USED IN THE CITY OF FORT WORTH TYPE III a 111-1d {HAM0 kW PA04111E MIN) PAVEMENTTEIAP_, •F APPRWL SET TIME (HE) TYPE OE 6 111-M fu T to 00 EB P B q n NOTES: [E ALL MAMAS NLMMN04 3ML WE 19MRALIEn ACOCMW2 70 THE CIAMi11r CP7G$ MAMJAL ON W IrORY TRAP NC CONTROL DEM1fIC6 wiD gJtTL'r1pRlkTP 41"O► FORT NDSMALL ATII 11PECMICATION! A ALL DE ATTIIDYlD SY CYFV OF f 0AT YlONTN BONE i MAAIBNO6 BE["gOM 111T-tlIJTOt) PMIOA T91NRA11ATN7d. (27OPVIONAMLOCIATION TNVIKEA>t BE PLACED DN PATPETNEIFF. AM MAMBO VAOLL BE 111 LI HE Ad T1/ AO INYLLRAC E B OW R7HAN MELIOPBAXY FCRPAaPFR A+IICFMEMrcF Tliva Lot?" LSS MAIRIM la BNYL Min REPLACED ON MAW JOWT V Or CONCRETE PYLVEMESM OUT 04ALL ME rAV M INCHES OFF OF TIE BRAT OWrµF AP►ID no MY M7OMs a MARKINCM DIV,[, NNALL BEECLEA1L ANY VL99FACEO L FAM OF LOOSE PIS PARIR TICLES, OINi alY.Y11AIMRSOFTARa DL16A0. OA OTH[R BflJtlbtlDuB ]NT711ALEL N=MAAN" AM It"HE PLACED ON PORWM CPNENY IS cm FAV OWEAT LE M WAN I YEAR OLD, IMF PARBIFiITaR^K eE bLLiww OFALL NLiIOIIE a CUNAVO CM POUNDS PAll• TO THE MACEMEMT OP TP! PYAIKIYS LNIEAIAL aloar" NIA 45J UOLEL1L1N t11AlLP=A.V4 DdlfWhCE SETLVfaiNaARKEiIIll m RME WAN" FTACm a O E BY WDE T O FORK AIDOUFIi LIME aLa.+r IIAYEA4' OIRCE BETTN]rAl MAMBO w 11A1RE LF. a PLACED AIDE lR SOETO FOTIN A vnve Lr1*E e1FbArLt BE A0.WBEMTo EACH Ottrtll MOM CRON44wag wrim LaNc1T DDMIAL w%s SHALL BE INf® AT %MVLCCPLLYLaB3V+Bt AND NOII PIIOTF3aTID QSO VMQL I�nI U � � o I= 0 v r.� �� F 1T triDlUTIED STANDARD CROSSWALKS AND STOP BAR PAVEMENT MARIONGS ROADWAY MARKERS SPECIFICATIONS COLOR Of MARKERS: A: VllW VMODY,AMBiM MWteGTOA r. YEALOH aOvraLON PIEr"=nE a NIEIE.ODY.cRYTTAL alTtMOTDFI F,C YOM WDV4WN RBFUCTWE R FED DDDY•11E11 It"LECTOR REFLECTIVE FAM: 1:CREFACEDEALKOWMED W BORIFA06MMEFLL+OPMOW SILL-S 6 EOINDS OF NARKER& ♦ : 41 LANE MARKER EXAMPLES OF ROADWAY IMAAKERS: TYPE IFCR4 : A'AMECTOMEO LANE? NARKEIR. ONE FACE REFLECTS MUM, ONE MOR REFLECTS RED LIOIIT. TYPE •4 :4' NOM_REFLECLVE YELLOW LANE WARNER ROADWAY MARKERS TO BE USED IN THE CITY OF FORT WORTH LANE MARKER&: TYPETV TTPISFO-E TITEILA" TYPEYAS TYl "F" STOP BARS, CROSSWALKS, AND PAVEMENT MESSAGES ALL ATOP DIMS, CRUNIVAMA. B VA%% SrW NEiaAOET SHAMNEET CFTr OF FORrg4fCtN IKONS B PA4ININSS CfV. IPEfJFMATY]AS aaFORE ILL6TAUJMPL DakTAOr CrTYOfFCHY VAWM BLDAIS a LNAYYpOS wv. SOR SPEf71cATCONS p uT-i B�1_ l HUn ESNMACIITAPE&1 LLNFWEOPDASTOP BARE ATOdNSBWFLAO YATN LAT141T1AOAYLLIK". TMQTE HtlN TAPE BIl41L BE YSlOwT alOOBMOLLTLS YOIFI PARAl1Q IIRFE. ATI GPE OOTBIMAMa1I61MLL TE ALLCYTEA r WILM M TAPE WALLOW OBELI FOR LANE IAES, TFA"LICAaE. TAPE YD YE U®6 � SThAUNK MTD oR APAiOYED LaDtW. 11A6MMFJ7 T1.IBNCPLA9TGC T7JBtlAreEV/ES OIATlN9 can WEArAFA TUTN RECRA►PgDSpL TT(DY TIBNO S RLAROTLOi. A"MATCEIIMOT LIU MET AIL IL FMYAMTMiTUPHI6 AOWOR11OA INNT MANJAL D� AL►PM7FI TRKA CORTFWL SMALL 111MUE IPER THE MAIRLAL ONONIFDeC 1FYIMIC CONTROL 11EYICEi P ER THE LA113FTAElENOLELIi_ AMOV Ir1441 rVAMO MT L pOCLO V NMrM.swSsw+00 AFBurr WAND 140SIpOFPH DIIA TEOrN■ nLT tFJPLAMa611 RA'A A4MFB0.4A0EM,V11T4 MFJ0T1WDEM II OF TRANSPORTATION P II AND PUBLIC WORKS TBernr rlrlNFPales1MO WMT w. 1 DP 3 TYPICAL PAVEMENT MARKINGS A 1.0. lion p�1 MOBE� [A1Mat Nr. FHLET MI a OQ -o W W ll-1 Addendum No. 5, Page 33 of 50 raaaae�---d�lalae•�••e11 ►ap••••ntan••••suara nx 1.aua TYPI I Y4 cattle....yjy'arle....ttaTaraFa ..►t(iee....rauea ..... .�.... .i. (11M x+... .. ...., TYPICAL MULTI -LANE, WX( -WAY MARKWO WITH CENTER TWO-WAY LEFT ltlRtt LANE 3 TYPICALrAD•LANE_TWO.VAYI,t JWNG Y/TTHPASSINO PERMITTED ..,1.. .... vMV4 ,.�.rYreu,N. e�sa'lele`ytla�ta.61~lot r rl.1 IF cratseta n elaelatsetrar�4' aelyct•••• a ►I.t CTrI[lt1•Gs IW STOMP"r(WL.a14 `IR W4 r�xrc It• f an to to is esa 11t1at IA satla Yt�.Yuet rtl tternlrraetel 11j17....nlaer `rractw / TYPICAL WJL79-LANE. TWO-WAY MARKINO V&H r TRANBITIoR FRws CENTER Two-Yb1Y LEZ-• TURN LANE TO SINGLE LEFT TURN ETDRAOE LANE r"KY4 IrY • I2811r7lrlBeetl le to ales rlr Earleeaat est lr ►a call ltlp 191 rre� ■#/r: w •IWL1-C4 •••• ••••a � ..y. TYPICAL MULTILANE 14►a1WJ4Y A11AWONC �mr- lm AWiwl asrMasRaoau•+i� ---_-- v �ttraw Canelc . lrlaraal[aa eraraieeitaulal 11" taeLa /e te.eaaellr lel"tlelr el9l iaee rTYPE Kr Il elarae 1Y' rtjacl ralslaalatf rr n lea�G �sr salts teacras111a . .. .. a� ..... ..... ..... ..... ..... fir.` ,�"-! .... MESA" l ..... .. IV. TYPICALMULMANE, TWO -MY MARIONG LYIIH SINOLE LEFT TURN CHANNELIZATWN ..`m-. - r(Iae PAWN relrla IILW..lt[l. r Addendum No. 5. Page 34 of 50 1 0 it � ' �•r r.rra,• nrawa I Ri.caaca "PICAL DrAVEW I WI MYVAIH KVGW MW OHANNEUZATION AND DUAL LEFT VMH WIRWNGS. EAC% SIDE OF MEDIAN WJN0 3R- U• �. C. aaa■saLla� ••••. ••••• eruleaaaruaa1C. set saa0S i -— nre a M nrrr+ 81NGLE LANE 7WO-M YTRAH81Y10N SO MULTILANE DWIDED ROADWAY . .... r l ..... ..... ..... �nasaaarrr�raaeeuaa ++rare■. s .. :.... ... IYPICALDInOEO RIMOL\PV NAR)dNG EAS" SQe OP MEOW! www W-4r Xr" a4-;!' 1 **--'!.... I ....imrnaa .r •r.rar.awrrra w..■r r■■.rrr4r,rw4419011h wa■Iarraarvr■■r■ar L.v wn..■:.r..rnn m..�c. un■r a.P.■■pna R c ■nsanr asaslaafaarsrra�r�ras r■rau�rt�rr■r�ora5. o+ imp nrsri�aassnerilasarits. aYsa■nr■.ra�°yaar.ear■�i. 1)"Ww aYP M TRANSITION M&RWHG FOR CENTER TWO-V 1Y UErr WINN LANE r■.®..LrAl■r.■.■.nwara. M.G■.O ffl1 R. FAW Aug.11, 2008 12:54PM No.5072 P. 36/51 PIPELINE LiCENSE Tracking No. 06-36389 MS LICENSE ("License"), made as of the day of 2008, ("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF FORT WORTH, a Texas corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, Interests, and estates of third parties, Including, without limitation, any leases, licenses, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct operate, within the Premises (as defined below), and maintain, in strict accordance with the drawings and spedfications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one' (1) Pipe Line(s), twelve (12) Inches in diameter Inside a twenty-four (24) inch steel casing ("PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Fort Worth, County of Tarrant, State of Texas,, Line Segment 7500, Mile Post 343.22 as shown on the attached Drawing No. 1-44064, dated June 11, 2008, attached hereto as Exhibit "A" and made a part hereof ("Premises'). 2. Licensee shall not disturb any Improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such Improvements. 3. Licensee shall use the Premises solely for construction, operation within the Premises, and maintenance of a PIPE LINE in accordance with the,Drawings and Specifications carrying potable water. Licensee shall not use the PIPE LiNE to cant' any other commodity or -use the Premises for any other purpose. (a) Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or In the future be defined by any federal, state, or local governmental agency .. or body through the PiPE LINE on Licensor's property. in the event the PIPE LINE is now or in the future used In handling, or transporting "hazardous substances", Licenses agrees to obtain written approval from licensor and further agrees to comply fully with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee Is In such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding•anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPE LINE and restore Licensoes property as herein elsewhere provided. (b) Notwithstanding anything contained in the liability section hereof, in case of a breach of the obligations contained in ibis Section, or any of them, Licensee agrees to assume liability for and to save and hold harmless Licensor from and against all 1 of 15 Form 424; Rev, OM7102 Addendum No, 5, Page 35 of 50 Aug. 11. 2008 12:54PM No.5072 P. 37/51 M Tracking No. 08-36389 injuries to any person and damage to property, Including without limitation, employees and property of Licensor and Llcensee and all related expenses, resulting In whole or In part from Licensee's failure to comply with any Standard issued by any governmental authority concerning "hazardous substances". Licensee, at its cast, shall assume the defense of 'all claims, suits or actions brohght for damages, and fines or penalties hereunder, regardless of whether they are asserted against Licensor or Licensee. Licensee also agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's handling, transporting, or disposing of "hazardous substances" on the property of Licensor. .4. In case of the eviction of Licensee by.anyone owning or claiming title to or any interest In the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation, paid hereunder, except for the pro- rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPE LiNE or entering the Premises,on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License shall commence on the Effective Date and shall continue for a period of Twenty-five (25) years, subject to prior termination as hereinafter described, and shall continue thereafter on a month -to -month basis unless terminated by either party giving thirty (30) days prior written notice. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefore) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PiPE LINE, including but not limited to the fumishing of Licensor's Flagman ($500.00 per eight hour day, $95.00 per hour thereafter). Licensor shall give Licensee at least 48 hours notice of its intent to provide flagmen to the extent the same is reasonably practicable. (c) Al invoices are due thirty (30) days after the date of invoice. In the event that - Licensee shall fail to pay'any monies due to Licensor within thirty (30)-days after the - - invoice date, then Llcensee shall pay interest on such unpaid sum from thirty (30) days after its Invoice date to the date of payment by Licensee at an annual rate' equal to (1) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the 2 of 15 Form 4Z4; Ray. 06/27/02 Addendum No. 5, Page 36 of 50 Aug, 11. 2008 12:54PM No, 5072 P. 38/51 Traeldng No. 08&36388 prime rate last published in The, Wall street Journal In the,preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (1i) the maximum rate permitted by law, whichever is less. COMPLIANCE WiTH LAWS 8. (a) Licensee shall observe and comply wlth any and all laws, statutes, regulations, ordinances, orders, covenants or restrictions ("Legal Requirements") relating to the construction, maintenance and use of the PIPE LINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply Wiith all Licensor's applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require Its contractor to complete the safety training program at the following internet Website "http:/Aw w.contractorodentation.com". This training must be completed no more than one year in advance of Licensee's entry on the Premises, DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost or "costs" "expense" or "expenses' includes, but is not limited to, actual labor, and material costs including all assignable additives, and material and supply costs at current value where used. FZIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner, as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material Interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensor's Roadmaster at 5800 North Main, Saginaw, TX. ... _ 76179 telephone (817) 35?,2541, or cell pbon@ (817) 313-2460, at„ least five (5) business days prior to installation of the PIPE LINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensoe's tracks to the other. 3 of 15 Form 424: Rev. 007/02 Addendum No. 5, Page 37 of 5o Aug. 11. 2C08 12:55PM No, 5072 P. 39/51 Tracking No. 08-36389 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, Investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty -fire (26) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee. shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or Interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease- using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall Immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure -that Licensee's use of the Premises Is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense, construct, operate within the Premises, and maintain the PIPE LiNE in such a manner and of such material that It will not at any time be a source of danger to or interference with- the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. Further, when the PIPE LINE is used for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, said PIPE LINE shall be constructed, installed, operated within the Premises and maintained in conformity with the plans and specifications shown on the print attached hereto as Exhibit B and made a part hereof (which, if present, are to be deemed part of the Drawings and Specifications), Licensor may direct one of its field engineers . to observe or Inspect the construction and/or maintenance of the PIPE LINE at any time for compliance with the Drawings and SpectiSeations. If ordered at any time to haft construction or maintenance of the PIPE LINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall Immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or Inspect, or to halt work on, the PIPE LiNE, It being solely Licensee's responsibility to ensure that the PIPE LINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof, Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, and after giving written notice to Licensee, arrange for the performance of such work as It deems necessary for the safety of its aperatlons and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon. recelpt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and operation any subsequent maintenance performed on the PIPE LiNE within the Premises, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its 4 of 15 Form 424; Rev. 08/27/02 Addendum No. 5, Page 38 of 5o Aug.11. 2008 12:55PM No.5012 P. 40/51 Tracidng No. 08-36389 railroad. Upon completion of the construction of the PIPE LINE and after performing -any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former -state as of the Effective Date of this License. 14. If at any time during the term of this License,, Licensor shall, desire the use of its rail corridor in such a manner as would, In Licenser's reasonable opinion, be interfered with by the PiPE LINE, Licensee shall, at its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect, make such changes in the PIPE LINE as in the sole discretion of Licensor -may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without -limitation, the relocation of the existing or the ., construction of a new PIPE LINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such -work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment, Upon Licensee's written request, which shall be made thirty (W) business days in advance of Licensee's requested construction of the PIPE LINE, Licensor will provide Licenses any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed PIPE LiNE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liabliity provisions herein. (b) For all bores greater than 20-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine If granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licenser's reasonable opinion that granular material Is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved, any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terns thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or 5 of is Form 424; Rev. 0827/02 Addendum No. 5, Page 39 of 50 Aug, 11. 2008 12:55PM No. 5072 P. 41/5 w a" Tracking No. OB-3B389 (b) otherMse secured or retired in accordance with any.applicable Legal Requirement. No excavated materials may remain on Licensor's prpperly for more than ten (10) days, but must be properly disposed of by Licensee in accordance with. applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommisslon the PIPELINE with a method satisfactory to Licensor, (b) report and restore any damage to the Premises alsing from, growing out of, or connected with Licensee's use of the Premises, (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises In the conditlon which existed as of the Effective Date of this License, normal wear and tear excepted. 18. Licensee's on -site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19, (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE• 1TS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES- OF ACTION, SUITS_ , DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS, OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (11) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (lii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, a Ofi5 Form 424; Rev. 08/27/02 Addendum No. 5, Page 40 bf 50 Aug, 11. 2008 12:55PM No. 5072 P. 42/51 Tracking No. OB-38389 (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, . OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. THE INDEMNIFICATION AND RELEASE REQUIRED ABOVE SHALL NOT APPLY IN THE EVENT THE DISCHARGE, RELEASE OR ESCAPE OF HAZARDOUS SUBSTANCES OR CONTAMINANTS, OR ASBESTOS IS PROXIMATELY AND WHOLLY CAUSED BY LICENSOWS SOLE NEGLIGENCE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR iDTRANSPORTER" WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF PERCLA OR.OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND -HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. TO THE FULLEST EXTENT PERMITTED BY LAIN, LICENSEE FURTHER AGREES,THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ' ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE. OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY ' LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER 'OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR 7 of 15 Form 424; Rev. 08&7/02 Addendum No. 5, Page 41 of 50 Aug. 11. 2008 12; 56PM No.5072 P. 43/51 Tmcidng No. 08,•36389 OTHERWISE. THiS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR' ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH. AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought.against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall. pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNiTEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE 1N WHORE OR 1N PART TO THE NEGLIGENCE OF ANY iNDEMNITEE. INSURANCE 21. licensor acknowledges that the. City of Fort Worth Is basically a self -funded entity and as such, generally, it does not maintain a ' commercial liability insurance policy ,to cover premises liability. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly and 'primarily by the City of Fort Worth and not by a commercial insurance company. Notwithstanding Licensees' status, Licensee shall require its Contractors at Contractors' sole cost and expense to procure and maintain during the construction of the pipellne the following insurance: A Commercial General Liability insurance. This Insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 iSO occurrence or equivalent and include coverage for, but not limited to, the following: • Bodlly Injury and Property Damage ♦ Personal Injury and Advertising injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: I 8 of 15 Form 424; Rev, 08/27/02 1 Addendum No. 5, Page 42 of 50 Aug• 11, 2008 12:56PM No.5072 P. 44/51 . Tracldng No. 0&38389 ♦ It Is agreed that any workers' compensation exclusion does not apply to Licensors payments related to the Federal Employers Liability Act or a Licensor Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. ♦ The definition of Insured contract shall be amended to remove any exclusion or other limltation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and Underground hazards shall be removed.' No other endorsements limlting coverage may be included on the policy. 13. Business Automobile insurance. This insuranco�shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage Any and all vehicles owned, used or hired C. WorkersCompensation and Employers Liability insurance Including coverage for, but not limited to: ♦ Licensee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the, Insurance must cover all empioyees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $600,000 by disease each employee D. Railroad Protective Liability insurance. This insurance shall name only the Licensor as the insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the Initial installation and/or construction of the PIPE LINE. The policy shall be Issued on a standard ISO form CG • 00 35.10 93 and include the following: ♦ Endorsed to include the Pollution- Exclusion Amendment (ISO form CG 28.31 10 93) Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to Include Evacuation Expense Coverage Endorsement. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Licensor prior to performing any work or services under this Agreement 9 of 15 Form 424; Rev. 08/27/02 Addendum No, 5, Page 43 of 50 Aug. 11. 2008 12:56PM No.5072 P. 45/51 Tracking No. 08-3W89 In lieu of providing a Railroad Protective Liability Policy, Licensee• may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor, The limits of coverage are the same as above. The cost Is $1,000.00. 0 1 elect to participate in Licensors Blanket Polley; Q I elect not to participate in Licensor's Blanket Policy. Other Requirements: All 'policies (applying to coverage listed above) shall contain no exclusion. for punitive damages and certifiicates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against- Licensor for all claims and suits against Licensor. in addition, Its insurers, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate 'd insurance must reflect waiver of subrogation endorsement.. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Its owned or leased property or property under its care, custody or control. Licensee's Insurance policies through policy endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to 'any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included In evidenced policies. All policy(les) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and Staubach Global Services, inc. as an additional insured with respect to work performed under this agreement Severability of interest and naming Licensor and Staubach Global Services, Inc. as additional lnsureds.shall be indicated on the certificate of insurance. If Licensee elects to include any deductible, 'self -Insured retention or other financial responsibility for claims, Licensee shall itself dlreetly cover, In lieu of insurance, any and all Licensor's liabilities that would otherwise, in accordance with the provisions of this License, be covered by Licensee's insurance as if Licensee elected not to include a deductible, self - insured retention or other financial responsibility for claims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certifioate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing. the contract audiiUfolder number If available. The pollcy(ies) shall contain a provision that obligates the insurance company(les) Issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished: Any insurance policy shall be written by a reputable Insurance company acceptable to Licensor or with a current Best's Guide Rating of A and- Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. 10 of is Form 424; Rev, 08/27/02 Addendum No. 5, Page 44 of 50 Aug. 11, 2008 12:57PM No, 5072 P. 46/51 • TracRing No. 08-3MBS Licensee WARRANTS that this License has been thoroughly reviewed by Licensee's _ insurance agent(s)/broker(s), who have been instructed by licensee to. procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every fine years, Licensor may reasonably modif/ ,the required insurance, coverage to reflect then -current risk management practices irr the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee; Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that- the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and Indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. The fact that insurance (Including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the Indemnity provisions of this License. Damages recoverable by �. Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe Corporation 'The Burlington Northern and Santa Fe Railway Company, and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including,. but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws°). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing • Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice - - of alf measures undertakerron behalf of Licensee to investigate, remediate,'re5pond to or otherwise cure such release or violation. 11 of 15 Form 424; Rev. 08/27/02 Addendum No. 5, Page 45 of 50 Aug, 11. 2008 12:57PM No.5072 P. 47/51 W Tr6cidn5 No. 08.38389 In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws on the Premises which occurred or may occur during the term of this License, Licensor may, require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensoes right- of-way. (d) Licensee shall promptly report to Licensor In writing any conditions or activities upon the Premises which create a risk of harm to persons,. property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions -or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever Imposed on it by this License. 'Licensee shall promptly respond to Licensor's request for information rEigarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildinbs or other structures adjacent'to the Premises without Licensees prior written consent . NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, :NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY -LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, . WITH • RESPECT TO THE PREMISES OR WHICH MAY EXIST 13Y OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. if default shall be made In any of the covenants or agreements of Licensee contained in this document, or In case of any assignment or transfer of this License by operation of law, _. _. Licensor shall give:licensee ten (10) days written • notice of 'such default and shall give — Licensee sixty (60) days to cure or such additional period as agreed to by Licensor. If Licensee has commenced to cure'such default but -is unable to complete such cure due to circumstances beyond the Licensee's reasonable control, Licensor shall extend Licensee's time to cure an additional thirty (30) days or such additional time as agreed to by Licensor. Licensor may, at its option, terminate this License by serving written notice upon Licensee 12 of 15 Form 424; Rev. 08127/02 Addendum No. S. Page 46 of 50 Aug. 11. 2008 12:57PM No.5012 P. 48/51 LIENS Tracldng No. OB-38388 ten (10) days after the Licensee falls to cure such default during the specified cure period. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, .nor shall any'such waiver in any way affect Licensors ability to enforce any Section of this License. The remedy sat forth In this Section 26 shall be in addition to, and *not in limitation of, any other remedies that Licensor may have at law or in equity. 27, Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that Is or may be permitted by law to prev.,ent. the attachment of any such liens to Premises; provided, however, that failure of licensor to take any such -action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving ninety (90) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified In such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee falls to surrender to Licensor the Promises, upon any termination of this License, all liabilities and, obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events. happening prior to the date of termination. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall assign or transfer`this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensor's sole discretion, NOTICES 31. Any notice required or permitted to be given 'hereunder by one party*to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (1) placed in the United States mail, certified, retum receipt requested, or ,i) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to _• be-notified..at the address for. such party specified below, or, to such other -address -as the .....- party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. 13 of 15 Form 424, Rev. 08/27/02. Addendum No. 5, Page 47 of 50 Aug. 11. 2008 12:57PM No.5072 P. 49/51 .. ., If to Licensor. Staubach Global Services 5650 N. Mverside Drive, Suite 101 Ft. Worth, Texas 76137 Attn: Licenses/Permits Tracking No: 06-36389 with a. copy to: BNSF Railway Company 2500 Lou Monk Dr. — AOB3 Ft. Worth, Texas 76131 Attn: Manager — Land Revenue. Management If to Licensee: With a copy to: SURVIVAL Clty,of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPE LiNE and Improvements are removed and the Premises are restored to its condition as of the Effective Date. R,ECORDATiON 33. it is understood and agreed that this License shall not be placed on public record. APPLICABLE LAiN 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of.the State of Texas and venue for any lawsuit that may arise shall be in Tarrant County. SEVERABII-ITY 35. To -the maximum extent possible, each provision of this License shall be interpreted In such manner as to be effective and valid under applicable law, but if -any provision of this License shall be prohibited by, or held to be invalid under, applicable law; such provision shall be ineffective solely to the extent -of -such prohibition or invalidity; and this shall not invalidate the remainder of such provision or any other provision of this License. 14 of 95 Form 424; Rev. 08/.27/02 Addendum No. 5, Page 48 of 50 Aug, 11. 2008 12:58PM INTEGRATION No.5072 P. 50/51. Tracldng No. 0&38389 36. This License Is the full and complete agreement between Licensor and Licensee -with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the partles hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is Intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless In any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein. contained shall be the joint and several covenants, and agreements of such parties. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall In no way Impair the right of Licensor to enforce that provision for any subsequent breach thereof. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY P.O. Box 961050 Fort Worth, Texas 76161-0050 By; Dalen E. Wintermute Manager— Land Revenue Management CITY OF FORT WORTH 1000 Throckmortori Fort Worth, Texas 76102 By: Title, 15 of 15 Form 424; Rev. 08/27/02 Addendum No. 5, Page 49 of 50 Rus.11. 2008 12:58PM J .. Mw .. No.5072 P. 51/51 Addendum No. 5, Page 50 of 50 TRACKING N0.08--3636 E-XHIBIT "A ATTACHED TO CONTRACT BETWEEN BNSF RAILWAY COMPANY„ AND CITY OF FORT WORTH SCALE: 1 IN.=IDD FT. 7X-21 TEXAS DIV. 5-04b FORT WOR�'H SUBDIV. L.S.7500 DATE 06/11/2008 'WOOD Wi;6 L�au , PROPERTY LINE. 9_�r, nrw�...•.� r'tl TOlamp17..�.' . Vol. ,"r"" To GAI _ESVILLE� . \ MP PROP J4.5.1ERTY LINE ESQ„ 18122+30 �,•a� ,"; !+p"• ••. � u]•l�+�vl+��nl�'•"� rM. I,,,r''r��+ +O"a r"'m" �I,U w14. `1i '� '� •'M , � ! 'ICII�' dC7 I �w h� W . 0 r • owl �` DESCRIPTION OF P I PEL I NE PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: 12"' . —2_ LENGTH ON R/W: 195' 195' CONTENTS: POTABLE VVA ER WORKING PRESSURE: 150 PSI PIPE MATERIAL: PVC STEEL --- L BURY: BASE/RAIL TO TOP OF CASING 5.5' SPECIFICATION / GRADE: C--900 BURY: NATURAL GROUND 5.5 WALL THIT+KNESS: .739" __1_5—M BURY: ROADWAY DITCHES COATING: NSA N1A CATHODIC PROTECTION —NZA VENTS: NUMBER N/A SIZE — HEIGHT OF VENT ABOVE GROUND — NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT FORT WORTH COUNTY OF TARRANT STATE OF TX AFV DRAWING NO. 1-440G4 Aug.12, 2008 2:12PM No.4449 P. 2/5 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING .. ENGINEERING SERVICES DIVISION ADDENDUM NO.6 2004 CIP CONTRACT 53 • College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO, 5411 CITY PROJECT NO.00455 ADDENDUM RELEASE DATE: August 12, 2008 BIDS RECEIVED DATE: August 21, 2008 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: NOTICE TO BIDDERS AND COMPREHENSIVE NOTICE TO BIDDERS Revise the bid opening date to Thursday, August 21, 2008. PROPOSAL For Unit 1, Street Reconstruction -Concrete Pavement: 1. Pay Item 7, the item description should read "Conduit — Schedule 40, PVC 3-Inch Bore — Install" in lieu of "Conduit 3-Inch Install". [This was misstated in Addendum #5 as referring to Pay Item 17.] 2. Pre -Bid Pay Item 44, Valve Box -Adjustment — Services, the quantity should read 30 EA in lieu of 154 EA. 3. Pre -Bid Pay Item 45, Meter Box -Adjustment -- Services, the quantity should read YS8 EA in lieu of 568 EA. 4. Contractor to add Pay Item 54, Manhole -Adjustment Services. Delete pages 5 & 6 from the Proposal and substitute the attached, revised pages 5 & 6. 2006151 Addead=6 08-08-11 Addendum No. 6, Page 1 of 4 Aug, 12. 2008 2:13PM No.4449 P. 3/5 -, Please acknowledge receipt of the Addendum in the following locations: (1) In the glace provided below (2) In the Propogal, Units I & II: Water, Sew+et, Paving and Dndnage Improvements (3) bxlicato in upper case letters on the outside of the sealed bid envelope: "RECEMD & ACKNOWLEDGED ADDEN U-MNO.* Failure to a0mowledge the receipt of Addendum No.6could cause the subject bidder to be considered `NON -RESPONSIVE", resulting in disquall$cation. R1:CEIPT ACKNO WIL DGED: By Z1tle; A. DOUGLAS RADEMAKM P.E. DIRECTOR, DEPARTMENT OF ENGINEERING .ti f i 1 �1 94 PEE 0p T�e°y�elItoA KERVIN M. CAMPBELL .............1.......... 98431 'Q 2006151-AWa d=6 0"& 11 AddeWUM No. 6, Psge 2 of 4 NO .q —s Aug.12. 2008 2:13FM No.4449 P. 5/5 PROPOSAL UNIT I: STREET RECONSTRUCTION - CONCRETE PAVEMENT 2004 Capital Improvements Projects, Contract 53 — Reeonstruetion of College Avcnuc, Lipatomb St., Orange St, and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Pmjtct No. P258 541200 7091700455 Dot No. 5411 PAY CPMS APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH BID PRICES WK T)EN IN WORDS VALUE VALUE 49. BID-00121 1 LA Conc Flume w/Steel Plate Top Dollars And Cents per EA $ S 50, BID-00121 67 SF Open concrete flume Dollars and Cents per SF S $ 51. 1 LS Insurance as requircd by Railroad Company ollUS and Cents per LS S 52, BID-00081 51 LF Pipe-21 Inch-C. III — Install Dollars and Cents per LF $ S 53. BID-00082 107 LF Pipe-24 Inch-CL III — Install Dollars and Cents per LF S $ 54. BID-00849 2 FA Manhole -Adjustment — Scrviccs Dollars and Cents per EA S $ SUBTOTAL UNIT I: STREET RECONSTRUCTION — CONCRETE PAVEMENT S (Using Green Cement for Pay Item 18) SUBTOTAL UNIT I: STREET RECONSTRUCTION — CONCRETE PAVEMENT ALTERNATE (Using Non -Green Cement for Pay Item 18) S 2006151—Addendurn6_08-08-11 Proposal — 6 Revised Addendum No. 6, Page 4 of 4 Aug, 20. 2008 10:00AM N o. 4461 P. 2/6 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO.7 am 2004 CIP CONTRACT 53 College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO, P258 541200 7091700455 DOE NO.5411 CITY PROJECT NO.00455 ADDENDUM RELEASE DATE: August 20, 2008 BIDS RECEIVED DATE: August 21, 2008 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: NOTICE TO BIDDERS AND COMPREHENSIVE NOTICE TO BIDDERS The bid opening date is Thursday, August 21, 2008, PART D-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 1. Add PRE -BID PAY ITEM 93 - Associated Costs for Construction within Railroad/Agency Right -of -Way. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing, understanding and complying with all provisions of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). �. It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. The contractor will provide written notice to the City inspector when flagmen will be required under the conditions of the permit. Reimbursement for flagmen expense will be based on invoices or other satisfactory evidence from the railroad that payment has been made. Failure to notify the City inspector when flagmen were required under the permit will be grounds for refusing reimbursement under this pay item. 2006151`Addend=7 0"819 Addendum No. 7, Page 1 of 5 Im Aug.20. 2008 10:OOAM No.4461 P. 3/6 The Contractor will provide insurance as required for work within and a4aoent to the railroad as required by the permit. Reimbursement under this item will be based on mbrni►tttal from the issuing insurance agency showing the amount of premium paid specifneally to meet the railroad insurance requirement. For railroad permits; any and all incidental costs necessary to meet the conditions associated wlth permit(s) ooMliaace othea than the compensation provided under this pap item shall be considered subsidiary to the cost of work performed under the railroad permit. No additional compensation shall be allowed on this pay item ,PROPOSAL, For Unit I, Street Reconstruction - Concrete Pavement: 1. Delete Pay Item 5, "Grass -Sod -- ir�' City of Foxe Worth, will be responsible for supplying and installing all grass sod for this grojec L (T'his item was deleted with addendum #5 and the correded roacement page is now attached.} 2. Add Pr6-Bld Pay Item 55, "Associated Costs for Construction within Railroad Right-of-way per SP-93 Special Provisions for Street and Storm Drain Improvements listed above." For Unit 11, Section A: Water Improvements: 3. Add Pre -Bid Pay Rom 26, "Associated Costs for Construction within Railroad Rigbt-of-way per Paragraph D-64 of Part D- Special Conditions." Delete pages 2. 6 & 9 from the proposal and substitute the attached, revised pages 2, 6,i 9. Please acknowledge receipt of the Addendum in the following locations- (1) In the space provided below (2) In the Proposal, Units I & 11: Wxtar, Sewer, Paving and Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED &c ACKNOVMEDGED A.DDRNDUI f No. T" Failure to acknowledge the receipt of Addendum No. 7 could cause the subject bidder to be considered "NON -RESPONSIVE", resenting in disgttalific ation. RECEIPT By., w Y✓��✓p Title: A. DoUGI.AS RADEMAKER, P.E. DIRFC R, DEPARTURNT OF ENGINEERING By: J61mom, P. . Program Managw •%'//Awl -'a, - s 2006161_Mderdmr Qa.aat9 Addendum No.1, Pogo 2 of 5 so so to W .s w SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2004 CAPITAL IMPROVEMENTS PROJECTS College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) Unit I: Street Reconstruction Unit II: Water and Sanitary Sewer Improvements IN THE CITY OF FORT WORTH, TEXAS TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO. 5411 aw Mike Moncrief Dale A. Fisseler, P.E. Mayor City Manager Greg Simmons, P.E S. Frank Crumb, P.E. A. Douglas Rademaker, P.E. Acting Director Director Director Transportation and Water Department Department of Engineering Public Works Department we Im M aw PREPARED BY DUNAWA Y 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107 Phone 817.335.1121 Fax 817.335.7437 2008 DA No. 2006151-01 f: STEPHEN R. JAMES .••63384 �Q.�h� co No 6`. D$. 013 TABLE OF CONTENTS PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS (TPW) „-1 SPECIAL INSTRUCTIONS TO BIDDERS (WATER) CONFLICT OF INTEREST QUESTIONNAIRE GREEN CEMENT POLICY STATEMENT PART B MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL CITY APPROVED PRODUCT AND METHOD PART C GENERAL CONDITIONS PART Cl SUPPLEMENTARY CONDITIONS TO PART C PART D SPECIAL CONDITIONS PART DA ADDITIONAL SPECIAL CONDITIONS PART D-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS PART E SECTION E SPECIFICATIONS SECTION E100 - MATERIAL SPECIFICATIONS SECTION E-1-18A - REINFORCED PLASTIC WATER METER BOXES PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW VENDOR COMPLIANCE TO STATE LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND 2-TOC_56 W MM TABLE OF CONTENTS PART G CONTRACT APPENDIX A DETAILS APPENDIX B STORM WATER POLLUTION PREVENTION PLAN APPENDIX C GEOTECHNICAL REPORT APPENDIX D CITY OF FORT WORTH TYPICAL PAVEMENT MARKINGS APPENDIX E BNSF PERMIT so 2-TOC SFr MM.doc PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS (TPW) SPECIAL INSTRUCTIONS TO BIDDERS (WATER) CONFLICT OF INTEREST QUESTIONNAIRE GREEN CEMENT POLICY STATEMENT 2-TOC 5-fr08 Wdoc �_, NOTICE TO BIDDERS Sealed Proposals for the following: FOR: 2004 CAPITAL IMPROVEMENT PROJECTS College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) T TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Project No. P258 541200 7091700455 DOE No. 5411 UNIT I: STREET RECONSTRUCTION 21,831 SY 7.5-inch Reinforced Concrete Pavement UNIT II: WATER & SANITARY SEWER REPLACEMENT 5,221 LF 8-inch Water line 568 LF 12-inch Water line r- 113 LF 8-inch Sewer line 2 EA Manholes Addressed to Mr. Dale A. Fisseler, P.E., City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., June 26, 2008, 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 purchased at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents may be purchased for a non-refundable cost of Sixty Dollars ($60.00) per set. These documents contain additional information for prospective bidders. As mandated by Fort Worth City Council Resolution 3535, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker produced. Bidder shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is included in the Contract Documents. Failure to comply with the `Green' Cement Policy shall be grounds for rejecting the bid as non -responsive. For additional information, please contact Mr. Stephen James, P.E. with Dunaway Associates, L.P. at (817) 335-1121, or or Mr. Joseph Bergeron, P.E. at (817) 39?-2384. T Advertising Dates: May 29, 2008 June 5, 2008 3-ParWNT8S06-0B_MM COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the following: FOR: 2004 CAPITAL IMPROVEMENT PROJECTS College Avenue (Page Street to West Capps Street) Orange Street (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) Wayside Avenue (N. Dead End to West Cantey Street) TPW PROJECT NO. C200 541200 2094000455 _. WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO. 5411 y t Addressed to Mr. Dale A. Fisseler, P.E., City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., July 10, 2008, and then publicly opened and read aloud at 2:00 p.m. 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. One set of plans and documents may be purchased for a non-refundable cost of Sixty Dollars ($60.00) per set. These documents contain additional information for prospective bidders. 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 -referenced project shall consist of the following: UNIT I: STREET RECONSTRUCTION 21,831 SY 7.5-inch Reinforced Concrete Pavement UNIT II: WATER & SANITARY SEWER REPLACEMENT 5,221 LF 568 LF 113 LF 2 EA 8-inch Water line 12-inch 8-inch Sewer line Manholes Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. w 4-PartA-CNTB S29-OB krm A COMPREHENSIVE NOTICE TO BIDDERS Bidders are advised that the City of Fort Worth has not acquired all the necessary BNSF permits for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary BNSF permits by the start of construction. In the event the permits are not obtained, the City reserves the right to terminate the award of the contract at any time before the contractor begins any construction work on the project(s). In addition, Bidders shall hold their unit prices until the City has completed the acquisition of all permits. The contractor shall be prepared to commence construction without all permits and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits. Contractor is required to obtain and maintain required insurance per the railroad company's requirements. Contractor is also required to adhere to the railroad company's requirements for flagging, some of which are listed below. Flagging When working within twenty-five (25) feet of the centerline of the track, railroad flagging will be required. A) Railroad flagging will be required: 1) During the period of construction when it is necessary for the Contractor to operate equipment in the vicinity of, or over, BNSF property which may endanger railroad operations, or 2) Two or more railroad flagmen may be required at other times that the Railway Company Roadmaster's sole discretion shall deem necessary. B) Flagging services shall be performed by BNSF employees and the total cost borne by the Contractor. C) The Contractor will be billed monthly at a rate to be determined by BNSF to include labor and payroll associated costs plus any expenses incurred by BNSF for flagging services. D) A written request for flagging services will be required at least 72 hours prior to the time when such services are needed. This request is made to the BNSF Roadmaster, as noted in the contract. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the necessary No 4-PartA-C NT8_529.08_kmc No COMPREHENSIVE NOTICE TO BIDDERS investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non -responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time -line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non- responsive. As mandated by Fort Worth City Council Resolution 3535, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker produced. Bidder shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is included in the Contract Documents. Failure to comply with the `Green' Cement Policy shall be grounds for rejecting the bid as non -responsive. -' For additional information, please contact Mr. Stephen James, P.E. with Dunaway Associates, L.P. at (817) 335-1121, or Mr. Joseph Bergeron, P.E. at (817) 392-2384. ow a-PartA-CNTB 5-29-W kmc .n COMPREHENSIVE NOTICE TO BIDDERS Dale A. Fisseler, P.E. CITY MANAGER MARTY HENDRIX CITY SECRETARY ADVERTISING DATES: A. DOUGLAS RADEMAKER, P.E. DIRECTOR - DEPARTMENT OF ENGINEERING June 5,2008 June 12, 2008 Dena nson, P.E. a-Parw.-crrra szs-oe_io„� .. �r SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, "' in an amount of not less than five (51/o) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the .s+ 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. .�s In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the .w proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any 'W time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. ,M 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. 'o 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 w Worth. 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 for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. r 10/27/04 we .. No 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. .. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. V" 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 VW work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit" pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times- ." Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. rt 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the lowDepartment of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. MW ■r 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. wo 10/27/04 Pa 1-J 11r c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein - VW 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. .s 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. VW 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 VW alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. „W 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 w 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 "W 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. Im 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 601 g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. w "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. 10/27/04 ar Wr The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained Im from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT w VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall *= render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) s and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT .. VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified_ 13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for each pay period_ Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the No bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at (817) 871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non -responsive. or 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: No w w 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, 10/27/04 w ss 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. ur 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 w the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project_ "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as ,..� food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory VV 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. w 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. w e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: w (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 w (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 VW g. The contractor shall notify the goverrunental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any r change that materially affects the provision of coverage of any person providing services on the project. w .r 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 10/27/04 ON UM „W 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. 1. The contractor shall contractually require each person with whom it contracts to provide ... services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll ar 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, V. (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; rr (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 VW 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: Ur (a) a certificate of coverage, prior to the other person beginning work on the project; and WW (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; MW (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. w (6) notify the governmental 'entity in wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Ur 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. 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 fled 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 does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 0/27/04 6 we VW B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". ,r Call the Texas Worker's Compensation Commission at 512440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or Ir 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. wo 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of "' their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement .. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of +� Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. .. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-rcferenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS, FINAL PAYMENT PROJECT ACCEPTANCE. AND WARRANTY: a. 10/27/04 The contractor will receive full payment (less retainage) fn w us 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 1W 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 VW 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 VW attempt to resolve the differences within 30 calendar days. .A w w. ow w aw Wy SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are ... required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to , * submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least w 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 - VW 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 VW 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 sm or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received_ Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (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 &IM 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 06/04/03 .. 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. 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- 1W 3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. WW (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These "~ records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. "' (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. No (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. "W The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required 06/04/03 VW 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. ow 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 00 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 •W bases of a bona fide occupational qualification, retirement plan or statutory requirement. ,. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements_ Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. — 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to •w the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and ., any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its _ subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 06/04/03 aw 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 MBEIWBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work ... performed by an MBE and/or WBE_ The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. um .. 9W WN 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid delivered to the city and there is a liquidated damages, city shall make deems due and payable. 06/04/03 Affidavit and Consent of Surety have been dispute regarding (i) final quantities, or (ii) a progress payment in the amount that city uW MW a In the event of a dispute reaardina either final quantities or liquidated damages, the differences within 30 calendar days. 06/04/03 so an Y 08-28-08 P02:23 I; FORT WORTH City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the DBE goal is applicable. If the total dollar value of the contract is less than $25,000, the DBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is _2�% of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE program by either of the following: so 1. Meet or exceed the above stated DBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. no w SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the DBE documentation in person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if received by 5:00 p.m., five (5) City business days after the bid goal is met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is opening date, exclusive of the bid opening date. less than statedgoal: 3. Good Faith Effort Form, if no received by 5:00 p.m., five (5) City business days after the bid participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded: opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 3921104. Rev. 11111105 no IM i FOR_ T�R�TH. 08-28-08 P02:..+ i ATTACHMENT IA Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MAMBEs. Please list MAMBE firms first, use additional sheets if necessary. SUBCONTRACTORISUPPLIER Company Name Address T 1 e Certification (check one) N o n M Detail Subcontracting Work Detail Supplies Purchased Dollar Amount M yy N C T T X D Tele hone/Pax P r E E R C O T B E A 1 3V00 SD00 F- 0� i 7/r 0,00 C� 2 6 0 ? k'h/ -Ow 0077 W5-, , c x. ,�✓�� i Nev. 5/3u/o3 wil FORT WORTH ATTACHMENT IA Page 3 of 4 Primes are required to identify ALL subcontractorsisuppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list MMIBE firms first, use additional sheets if necessary. Certification (check one) N SUBCONTRACTORISUPPLIER Company Name T ; n Detail Detail N T Address M �y C T X D m VY Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B E B E R O B C T E A 1 / l L �%i/�-�w�10�✓ po �� -212z� it av 9#v,- 4qo — N93 Rev. 5/30/03 .o ✓ ATTACHMENT 1A P 1 Z :7 i I IV Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime DBE NOON?--M/W/DBE PROJECT NAME: _ - ^ / / // Y - Hl/d �I' r y,� ST �PSCD✓J/ Q �O/ D DATI E City's MNVBE Project Goal: a5"-ia Prime's MNVBE Project Utilization: % PROJECT NUMBER Doc ,,�5VII Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE film(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 goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. 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 2rd tier y 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). no If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full MANBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 M ' FORT r,� H M no ATTACHMENT IA Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers f $ Q00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 19g7 933 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the MIW/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 lays concerning false statements. Any failure to comply with this ordinance and create a material breach contract may result in a determination of an irresponsible Offeror and barred from participating in City wor for a period of me not less than one (1) year. (w ) (iL� I Autho7ed Signature Jr i �t S vc�>E tj Title —rew yluld Company Name IVIV Address 61,,JhA� Clly/etalzip Printed Signature Contact NanWr tle (if dttterent) Telephone andfor Fax E-mall Rddress '6l asl 2Coa we Rev. 5/30/03 am FORT WORTH City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 1 B Page 1 of 1 PRIME COMPANY NAME: � hh s /Check ', -//Y applicable block to describe rime MNVlDBE NON-M/W/DBE PROJECT NAME: City's MNVBE Project Goal: 2 � % PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if bp1h answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 6:00 p.m., five (6) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. NO Will you perform this entire contract without suppliers? 0 WPES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MNBE(s) on this contract, the payment therefore and any proposed changes to the original M/ BE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/ BEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not lestth4n one (1) year. DC l� -�- Title f Company Name 7,> AddZ4,1-o 41 &v,1, City/Stateop i Printed Signature Contact Name (if different) 7?Z- � '2_9W P,? - Y�� - Phone Number Fax Number Email Address Date Rev. 5130/03 i F� ATTACHMENT 1 C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: p 1 ✓ �J Check applicable block to describe prime PROJECT NAME: n NV/DBE NON-MM/DBE BID DATE City's MNYBE Project Goal: PC�-RROJECT NUMBER � Rio If you have failed to secure MIWBE 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 MfWBE 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 opportunityl 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 P tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities �X-C �-v ^�1��✓ �r -C � ,y R41 4�GrG lti Rev. 05/30/03 ATTACHMENT I 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. V/Ye3 Date of Listing I 0� lZAQ525 No 3.) Did you solicit bids from MIWBE 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? eS (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 r' ope ? Yes (If yes, attach list to include name of MIWBE firm, person contacted, phone number and date and time of contact) No w 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 MfWBE name, date, time, fax number and documentation faxed. NOTE: If the list of MIWBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (213) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential MlWBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? '✓ Yes No 6.) Submit documentation if MUWBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MI/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Re'ection j�,,i�✓�f r l � �'7Z �rl-1 /�� ! ilc,�S ��v.N�o.✓ �,� � a�6, i ov 0'./ Rev. 05/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain 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 Attachmen;t��F,-Officfe. C will be contacted and the reasons for not using them will be verified by the ity',s Author' Signa re Printed Signature _ Title' Company Name P�6x Address City/State2ip Contact Name and Title (if different) 9;�2 - 9V&1,-25X- ly72--�VV6--64,-1 Phone Number Fax Number r qe- A -Coy --- Email Add s S/7,5-1Z1VO,9 Date Rev. 06/30/03 no GREEN CEMENT POLICY COMPLIANCE STATEMENT (To be furnished by the Contractor to the City at the time of bid opening) (Submit separate forms for each supplier / product supplier) Name of Project: City Proj. No.: ©� 0.1 // .4, s-3 This is to certify that the cement to be utilized for the above project will meet the following criteria: The cement was manufactured in a kiln utilizing the dry process (list source below) or in a kiln that meets the emission standard of 1.71b or less of NOx / ton of clinker released into the atmosphere. Name of Manufacturer Address of Manufacturer: SUPPLIER Name i nie l / l i ,,,e _1&��vir"lCpl ZidvS C�� (A�,✓�•/.c� /G�!/GfioL Company Company 9-n - 41W - A syo Phone Number Phone Number Go* PROPOSAL TO: Mr. Dale A. Fisseler, P.E. City Manager Fort Worth, Texas FOR: 2004 CAPITAL IMPROVEMENTS PROJECTS, CONTRACT 53— RECONSTRUCTION OF COLLEGE AVENUE, LIPSCOMB ST., ORANGE ST. AND WAYSIDE AVE. TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 SEWER PROJECT NO. P258 541200 7091700455 DOE NO.: 5411 UNIT 1: STREET RECONSTRUCTION UNIT II: WATER AND SANITARY SEWER IMPROVEMENTS Pursuant to the foregoing "Notice to Bidders" the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond, and Payment Bond approved by the City of Fort Worth for performing and completing of the said work within the time stated and for the following sum, to -wit: Aug, 20. 2006 10:OOAM No.4461 P. 4/6 dw UA PROPOSAL UNIT I: STREET RECONSTRUCTION - CONCRETE PAVEMENT 2004 Capital Improvements Projects, Contract 53 -Reconstruction of College Avcnuq Lipscomb SL, Orange Se and Wayside Ave. TP'W Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Project No. P298 541200'1091700455 Doe No. 5411 PAY CPMS APPROX. ID ESCRCPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH BID PRIGS WRITTEN IN WORDS VALUE VALUE 1. 130-00100 1 LS Storm Water Pollution tin Plan > 1 Ae -- Install -� �evon7fe� bollars and �'� Cents per IS $ 2, BID-00102 7 EA 16n-Remove $ 77'� $ 3 096 and Cents RA 3. BID-00106 7 SA Inlet-Ipline-10 Install r,"_;,,101 3 -7�,A/ Dollars and �D Cents BA $ - $ C �/ 4. BID-00108 2 EA Inlet-Inline-2EFtlttstall /1 �/iVZ/ Doilars and �'ti CenLS EA C�,� ' ` 3/t/ D L $ �80 5 4SY Grass -Sod •- Install Dollars and Cents SP 6, BID-00147 165 CY Topsoil - Install Sixteen Dollars and 7AMt Cents per CY S 16.00 $ 2,640 7. BID-00389 215 LF Conduit - SchO ISAO PVC/3-1 th Bore - Install Dollars $ 0�/ $ and ✓ r T Cents per LF 8. BID-00395 2 EA Electrical Pull lynx - II �r, ✓E �'" Y i Dollm s S D D9a S I and 71 —Cents per EA 9. BID-00402 27,900 SF Driveway - Rernovc 00/t., Dollars S / S y ?00 o and 2�d Cents per SF 10. BID-00404 41.619 SF Driveway-6 Inch - Lrstall (concrete) Dollars and 72a'd Cents SF S $ �Og 11. BID-00405 23 LP Guardrail -- Install $ $ and Cents per LF 12. BID-00406 23 LF Guardrail - Remove /Gy J Dollars S �2/ S and Z�I'U Cents per LF 13. BID 00411 21 CY Retain" �Wal ithidow✓ C �l } 1 Dollars and Cents per CY 91 2006151-Addendum7_08-0819 Proposal — 2 Addendum No. 7, Page 3 of 5 Aug, 11, 2008 12:46PM No. 5072 P. 5/51 UNIT I; STREET RECONSTRUCTION - CONCRETE PAVEMENT 2W4 Capital Improvements Projects, Contract 53-, Reconstruction of College Avenue, Lipscomb St. Orange St. and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sever Project No, P258 541200 M91700dss Doe No. 5411 PAY CPMS APPROX. DESCRIPTION OF ITEAMS UNIT 'TOTAL ITEM NO. I I QUANTITY WITH BID PRICES WRITTEN IN WORDS I VALUE VALUE 14, SID-00414 1 LS Utility Adjumnont- Rcpair I Ten Thousand Dollars _ and Zcro Cents Ls S 10,000,00 $10,000.00 15. BID-00424 12,173 LF Curb do Gutter - Remove l Dollars S S AT 3 and �� Cents per LF 16, BID-00431 1,074 LF Pavomrrt Ma4dng-12lnch rosslk Line-Wbite - Tostall rGG Dollars S 3 s S and ��� ;'i �� Cants LF 17. BID-00438 288 LF PavcmcntMarking-Stop,Sar-White-18Inch -Install Dollars z ?gam S v J S and «� i Cents LF *180, 80-00452 21,831 SY Pavcmcrt-7,5 Inch- jpetall (Foncrgtej —f Gt i y ` 2U Dollars S 3V end Cents per 5Y 'Ift BID-00432 21,831 SY I Pavemcot-7,51nch� n�i)l(usinnon-green cement) r l Dollars and Cents per SY $ I $ (O�z 6 ( 19. BID-00462 228 LF Pavement -Header - Install,/ and 7.0 V Cents per LF $ 20. SID600466 12,600 SF Pavement -Paver On Conctacle J r - Remove C/Nc� Dollars S andCents per SF 21. SID40469 14,512 LF Pavcmcru-SiliconeJoint S ant -Install IlNE?i Dollars Ccnts per LF $ Sand 22_ BID-00471 41 TN Pav;Reot-Ti nsitiot�Mint IncirHYAC-Install r��f�< t'T� Dollars $ V— $ A;b and Cents per TN 23. BID-00471 138 SY PBve9%4nN-1htC VA'(t 1 11 f/ Nk �✓c Dollars S (�� S ` % l' ' and Cents per SY 24. BID-00472 3,976 CY Favemcnt-Unctass1_fUJGd Str t Excav on - Remove S v(n i 7G� Dollars (� $ �` S ` and 2164 Cents per CY 25. BID-00474 138 SY Pavement -Valley Gutter- Rern"!,�K and �/ Dollars 0' Cents per SY 26. BID-00479 3 EA Spacd Hump- RcmoveD and N, u"JDollars $ � S _'110 Z e1y Cents EA * Contractor to provide a bid for both items 18a and 18b and provide aubtotals as required on sheet Propoaal-6. 20D6151 Addendum5_08-0808kmc Proposal - 3 Addendwn No. 5, Page 4 of 50 ow "111r PROPOSAL UNIT I: STREET RECONSTRUCTION - CONCRETE PAVEMENT 2004 Capital Improvements Projects, Contract 53 - Reconstruction of College Avenue, Lipscomb St., Orange St. and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Project No. P258 541200 7091700455 Doe No. 5411 PAY CPMS APPROX DESCRIPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 27. BID-00480 3 EA Speed Hump-WAC �eed H p - Install .� '�Dollars and 7-e 'r1V Cents per EA $ IWO $ �� ' ✓ 28. BID-00481 3 EA Speed Hump- tripi on pel Cushion -install f iu- c A✓ Dollars $ ! ` $ J and Z Q.✓b Cents per EA 29. BID-00484 23,386 SY Subgrade-0 Inch -Lime for Stabilization - Install Dollars $ 3 $ 957 .}Two/ I and (fir / 7 ✓- Cents per SY 30. BID-00496 351 TN Subgrad�e fgr SfNlIr?stalry Dollars and Cents TN $ / ram` $ 31, BID-00501 1 LS Traffic Control PIS Dollars and u �0 Cents LS $ 4,� 00 t $ 32. BID-00504 8 EA Sign -Project Designation - Install Three Hundred Dollars and Zero Cents per EA $ 300.00 $ 2,400.00 33. BID-00505 1 E4 Sign -Street Dad E nsl� �Bagcad ��� ��D Dollars $ $ and Cents per EA 34, BID-00529 31,856 SF Walk - Remove 0A.1e/ Dollars and Cents per SF `�—' $ ✓ uup $ 35. BID-00530 29,967 SF Walk-4 Ft - Install(sidewalk) 1 /III a -Dollars and /,� lv y Cents per SF $ $ /!/ L2?7 lv U M. BID-00530 6,530 SF Walk-4 Ft - Install (leadwalk) rL $ 3 �v $ —Dollars and Cents per SF 37. BID-00531 4,715 SF Walk-5 Ft - Install (sift alk) Dollars $ 9 $ �� �3 and Cents per SF 38. BID-00532 1,847 SF Walk-ADA Wheels air Ramp - Install r "jAft- $ SD $ l/ —Dollars and 7 '' T Cents SFJ 9-PartB_Proposal_5-0-08_MM Proposal - 4 M 0 Aug, 12, 2008 2:13PM 90101241011 No.4449 F. 4/5 ftm 4W M UNIT I: STREET RECONSTRUCTION - CONCRETE PAVEMENT 20W Capital Improvements Projects, Contract 53 - Reconstruction of College Avenue, Lipscomb St., Orange Sr. and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091100455 Sewer Project No. P258 541200'1091700455 Doe No. 5411 PAY CPMS APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH )RID PRICES WRI -MN IN WORDS VALUE VALUE 39. BID-00533 705 SF Walk-ADA Wheelchair Ramp Remove Dollars $ and Cents per SF 40, BID-00536 80 SF Walk -Stops - Install Dollars and s Cents per SF $ 41. BID-00537 80 SF Walk -Sups -- Remove ~� Dollars and Cents per SF S Q 42. BID-00543 196 CY Fill Material -Borrow (select fill) - Install -72pi Dollms and'd Cents per CY $ lD J9 s `� L) 43. BID-00843 12,163 LF Curb-7Inch --Install Td Dollars and Cents per LF $ $� 44. BID-WB47 30 EA Valve Box-Adjustmont Services Two Huadrod Dollars and „ 7.fdtL_ Cents EA $ 200.00 $ 6,000Ao 45. BID-00848 168 EA Meter Box-Adjustmont- Services Thirty -Five Dollars and J,p1R Cents per EA $ 35.00 /S 5,530.00 2 1 LS Flagman -Railroad Right of Way - Services 11ars and —Cents I $ 47, BID-01009 2 EA Pavemmentt`Markin -RR X-in c Leggin/d Complew NP Tape - Install 1-1z_ f2 liars and Cutts per EA $ ✓ �" ` $ 760 4J 48. BID-01014 24 LF Pavement Marking-Stopbar 24 Inch- P-H-A Thermoplastic - Install ,,% ' e - Dollars and L Cents per LF $ ��� $ 2006151_Addendum6_08-08-11 Proposal - 5 Revised Addendwu No_ 6, Page 3 of 4 Aug, 20. 2008 10:00AM PROPOSAL No.4461 P. 5/6 M M r UNIT I: STREET RECONSTRUCTION - CONCRETE PAVEMENT 2004 Capital Improvcmemts Projects, Contract 53 —Reconstruction of College Avenue, Lipscomb St., Orange St. and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Project No. P20 541200 7091-/00455 Doc No. 5411 PAY CPMS APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITII BID PR1CRS WRITTEN IN WORDS VALUE VALUE 49. BID-00121 1 EA Cone FI w/steel ate Top Ilars and Z2 ✓d Cents per EA S ,�17,S—` � s ,? 17 50- BID-00121 67 SF Open concrete flume — / (2^r Dollars and Cents per SF S i $ 6.79 51. 1 LS Insurance as rcquircd by Railroad Company Dollars and Cents per LS $ 52. BID-00081 51 LF Pipe-21 In"L III — Install J L ✓SLR/ J! Dollars and Cents per LF $ 53. 13ID-00082 107 LF Pipe-24 Inch-CL III — install / �Q ✓1 N Dollars and �YJ Cents per LF �y� S / / C.Z $ 2 3% 54. BID-00849 2 EA ManholaAd' -Sayi� �i,..yt/. `fJY jr (/ J Dollars and �/✓D Cents per EA �� $ % yy� S / oeo $5. Special 1 LS Associated Costs for Construction within Railroad/Agency Might, of -Way per SP-93 JNjT=Thousand Dollars and Z= Cents per LS $ 20.000,00 $ 20,000.00 SUBTOTAL UNIT I: STREET RECONSTRUCTION — CONCRETE PAVEMENT (Using Green Cement for Pay Item 18) S / / �' �CI / / tP ALTERNATE SUBTOTAL UNIT I: STREET RECONSTRUCTION —CONCRETE PAVEMENT (Using Non -Green Cement for Pay Item IS) / - ��� 9� 5 133 20D61 51_Addendum 7_08-0819 Proposal — 6 Addendum No. 7, page 4 of 5 ow 00 low wr ow PROPOSAL UNIT II: SECTION A WATER IMPROVEMENTS 2004 Capital Improvements Projects, Contract 53 - Reconstruction of College Avenue, Lipscomb St., Orange St. and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Project No. P258 541200 7091700455 Doe No. 5411 PAY CPMS APPROX DESCRIPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 1 BID-00372 9,055 LF Trench Safety System 5 Foot Depth - Install 2-.0— V0 Ddi.►rs SD $ and ��� Cents per LF 2. BID-00442 8,620 LF Pavement-2 Inch HMAC on 6 Inch Flex Base -Temporary - Install , ✓/Avg oar 9 oa f %7 �g6 / and ZPJ'r% Cents per LF 3_ BID-00443 435 LF Pavement-2 Inch Min HMAC on 2127 Concrete Base (2000- 1A) -Install 6JAI It-" I A/ _Dollars and Z-e-" Cents per LF $ $ l 4. BID 00458 40 LF Pavement -Concrete /on 2f2�7 Cete Base (2000 2) -install �h�f I�f /L✓y Dollars and Cents per LF 5_ B{D-00546 9 EA Fuefiy1rant - Ir►st _i'- oln Dollars 0� PP $ Q� (� and Cents per EA 6_ B►D-00547 6 EA Fire Hydrant - Remo 1 "��7 '7 Dauars $ and �✓d Cents per EA 7. B{D-00549 26 EA Meter Box -Relocate Dollars �J $ `! l $ and Cents per EA 8. BID-00550 117 EA Meter Box A - C'��r � l�`L� pol8rs $ lo�L $ / and 2-,ew Cents per EA 9. BID-00555 15 EA Meter Box-C� -f 1' D t' " Dollars $ " 4o $ and BYO Cents per EA 10. BID 00568 5 TN P'rFg1in < Than g 1 I Pipe -install MF FV& Dollars $ �dJ� $ and Cents per TN 11_ BID-00581 195 LF Pipe -Cast 24 IrFh-C#S/ Cu/- Install l✓GL �� Dollars $ /� fr / � / zr and !� v Cents LF 9-PadE_Proposal_5-6-08_MM Proposal - 7 VW 1W .0 w wr PROPOSAL UNIT II: SECTION A WATER IMPROVEMENTS 2004 Capital Improvements Projects, Contract 53 - Reconstruction of College Avenue, Lipscomb St., Orange St. and Wayside Ave. TPW ProjectNo. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Project No. P258 541200 7091700455 Doe No. 5411 PAY CPMS APPROX DESCRIPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 12. BID-00591 568 LF Pipe-Pressure-11�2 Inch - Install i'f E r% -Dollars and✓D Cents LF $ C� V $ a p !j ` 13. BID-00616 140 LF Pipe-Pressure-6 Inch - Install Ddlars and S�DC � Cents LF 14. BID-00618 5,221 lF Pipe-Pressure-8 InInstal Inch - Insta 111 r i'l �oa /tom Ddlars and Q l� i✓ Cents LF $fig= $ 15. BID-00717 3 EA Valve-12 Inch -Gate VallIvew/Box - InsollQ o'G�Sw� d(�Wr� +�% Dollars and0 Cents EA $ C $ SZZ(jj 16. BID-00745 10 FA Valve-6-Inch-,Gate Valve w ox - nstall -Dollars and Cents EA ; goo $ 0 600 17. BID-00749 17 FA Valve-B-IaMe wBou n Instal M7t�4 Dollars and Cents per EA $ 1 l'9 18. BID-00751 6 EA Valve -Gate - R� /,Vl/N r, 41!i and Cents per EA 9-PartB_Proposat_5-6-08-MM Proposal - 8 Aug, 20. 2008 10:OOAM No.4461 P. 6/6 a 14 w PROPOSAL UNIT II: SECTION A WATER IMPROVEMENTS 2004 Capital Improvements projects, Contract 53 — Reeonetrucdon of College Avenue, Lipscomb St., Orange St. and Wayside Ave. TPW Project No. C200 541200 2094000ASS Water Project No. P253 541200 6091700455 Sewer Project No. P258 541200 7091700455 Doe No. 5411 PAY CPMS APPROYL DESCRIPTION OI; ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH BID PRICES WRITTEN 1N WORDS VALUE 'VALUE 19. BID-00758 2.433 LF Water Service-1 Inch -- Install Dollars S S and �` ��" Cents per L.F 20. BID-00759 117 EA Water Service=Ik��4411 See ico-install OA — Dollars $ /(� $ and 7.e✓4p Cents per EA 21. B0-00760 15 EA WaitcyrService- ranch — Ins `'hi/Y.C� lil�J✓Itd/✓�p/C/ J/ Y/'� Dollars and Cents per EA .jr� $ J <V c $ ✓ �� / 22. BID-00762 132 EA 'WpbCrServOrce-1, Inch-jTpin to, rlqsw�v"O Dollars and Cents per EA �y $ , ` [j 23. BID-00768 1 LS Water Serviee-22IIneh-Tempor Insrell Dollars f ky $ ! $ and Cents per LS 24. BID-00771 693 LF Water Service-'/. Inch — Install ( in public ROW) s G � Dollars $ and Cents per LF 26. BID-00771 75 LF Water Service —3/, Inch —Install (on private property by licensed plumber) .4 � bollara end ?.6✓� Cents per LF v> S 26. Special 1 LS Associated Costs for Construction within Railroa&Agency Right. of -Way per D-64 Twenty Thousand I)ollars and Zero Cents per LS $ 20,000.00 1 $ 20,000.00 SUBTOTAL UNIT II — SECTION A WATER IMPROVEMENTS $ TE ER IMPROVE C .r 2006151—Addendum7-08-08ig Proposal - 9 Addendum No. 7, Page 5 of 5 .. PROPOSAL UNIT II: SECTION B SANITARY SEWER IMPROVEMENTS 2004 Capital Improvements Projects, Contract 53 — Reconstruction of College Avenue, Lipscomb St., Orange St. and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No, P253 541200 6091700455 Sewer Project No, P258 541200 7091700455 Doe No. 5411 uss uss uss to am uss PAY CPMS APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM NO. QUANTITY WITH BID PRICES WRIT 'EN 4 WORDS VALUE VALUE 1. BID-00196 2 EA Collar -Manhole —install t/6 Dollars $ $ h9a and Z_" Cents per EA 2. BID-00201 113 LF Inspection -Post ConstructiCleaning & TV -- Study 1JNe Dollars f $ and Ni��. Cents per LF 3. BID-00206 1 EA MZ nj Dollars and 71e Cents EA $ 7 U �- 4. BID-00213 2 EA Manb*-St Ft Diarn 6 F,� Dep I stall . / lw� �r��lL 1 <✓��� /V�ollars T ✓ D `4 $ J ! �d `� and ?fib Cents per EA 5. BID-00217 2 EA ManholcAacuu 'Pest—.yervic�s ,/�` �C- c ,JCS �'I f-I , Dollars $ / $ And 2E" Cents per FA 6. BID-00218 2 EA Manhole-Watcytight Ine Inst t, +i Dollars $ and ZZ✓P Cents per EA 7. BID-00351 113 LF Pipe -Se -lt inch W5 (All Depths) — Install* y Dollars u- $ $ and ✓y Cents per LF 8. BID-00354 20 LF Sewer Service-4 InM]I* ,, Dollars _ $ J (O ands Cents per LF 9. BID-00355 2 CA SeySe'ry ap �IfnstfV-e__ Dollars $ 7 �J T and �—� Cents per EA 10. BID-00356 2 LA Sewer Sergi=-4 c,h-Wa} Clean ut — histkol t IwLU`�vQ �a✓�y Dollars %� $ -7 ZL._1 $ U� and Cents per L`•A 11. BID-00372 113 LF Trench Safety Systen}y'�Foot Dcpth — Install a/� Dollars $ / / C� $ and Cents per LF 12. BID-00442 25 LF Pavement-21nch PMAq on 61nch Flex Bmr Temporary — Install Dollars and 74" Cents per LF SUBTOTAL UNIT II — SECTION B SANITARY SEWER IMPROVEMENTS S V29 �— AL S ARY SEW * Contractor must complete the following "City Approved Product' form on Part B — Proposal Page 13. 2006151 Addendum2_08-0703_mm Proposal — 10 Addendum No. 2, Page 6 of 7 .w UNIT I: 4° STREET RECONSTRUCTION — CONCRETE PAVEMENT (Using Green ` Cement for Pay Item 18) ALTERNATE STREET RECONSTRUCTION — CONCRETE PAVEMENT yu (Using Non — Green Cement for Pay Item 18) UNIT II: SECTION A WATER IMPROVEMENTS UNIT II: SECTION B SANITARY SEWER IMPROVEMENTS i d del 10)� TOTAL AMOUNT BID ALTERNATE TOTAL AMOUNT BID 25— .. USING NON -GREEN CEMENT (UNIT 1 & UNIT II, SECT. A & UNIT II, SECT. B) No no no no no no 2006151—Addendum 2 08-0703_mm Proposal —11 Addendum No. 2, Page 7 of 7 no ow .w no y LIST OF DUCTILE IRON FITTINGS FOR WATER LINE Number of Fittings Size of Fitting Type of Fitting Weight per Fitting (lb) Total Weight (lb) 11 6" MI SLEEVE Q �{ 1 8" MI SLEEVE 2 12" MJ SLEEVE 2 4 8" 45 BEND ZZ 2 6" 45 BEND 37 79 5 12" 45 BEND 3 3c� 3 8" x 8" TEE 7i 9 8" x 6" TEE & 1 12"x6" TEE %32j 133 1 12" x 12" TEE l (� 1 12" x 12" CROSS 2/ Z 2/ Z 8 8" CLEANING WYE 1360 10 8" x 6" REDUCER 1p 70 2 12" x 8" REDUCER Z� 1 12" x 6" REDUCER ( - Total Weight lbs. ("` Tons) Note: Contractor is responsible for the correct quantity totals of all fittings and specials. we 9-PartB_Proposal_5-8.08_MM Proposal - 12 'M r we 0 aw ww PROPOSAL CITY APPROVED PRODUCT FOR * * CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED Standar Spec No. Size E1-31 rthrough X E1-25 4'through 1T E1-27 4'through 1T E1-28 19through 2T E 100-2 19 through 48' Consult with "City of Fort Worth, Texas Standard Product Lisf to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. Failure to provide the information required above may result in rejection of bid as non- responsive. Only products listed above will be allowed for use in this proiect. Any substitutions shall result in reiection of bid as non -responsive. .s 9-PattB_Proposal_5-6-08_MM Proposal -13 a - .. ow r7l PROPOSAL Within ten (10) days of notification by City, the undersigned will execute the formal contract and deliver an approved Surety Bond and such other bonds as required by the Contract 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 240 working days after beginning construction as set forth in the written work order to be furnished by the Owner. The work order will be issued no later than 90 days after the award of contract. A. The principal place of business of our company is in the State of Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: Addendum No. 1 (initials) 1_" Addendum No. 2 (initials) Addendum No. 3 (initials) �SGi Respectfully submitted, By: Name: Title: Address::/ �7 � t'/i9 Aj (SEAL) if Bidder is Corporation Date: Telephone: '�'72 11V6- a6-00 9-PartB_Proposal_5-6-08_MM Proposal - 14 PROPOSAL STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT $ ALL OTHER CHARGES $ *TOTAL _ *this total must agree with the total figure shown in Proposal, TOTAL AMOUNT BID in the bound contract. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. NOTE: ONLY THE COPY OF THIS FORM ON THE BOUND CONTRACTS IS TO BE FILLED OUT. no a, .. .r 9-PartB_Proposal_5-6-08_MM Proposal - 15 rr r r r low r AM 2-Toc ss-oe MM.doc r PART C GENERAL CONDITIONS w 0 w w no w no .r .0 w ur no r no .r w No PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS Cl-1 DEFINITIONS CI--1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (1) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) CI-1.5 Bidder C1-1 (2) C1-1.6 General -Conditions Cl-1 (2) C1-1.7 Soecial Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C1-1:.10 Contract Cl-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council Cl-1 (3) C1-1.14 Mayor Cl-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (4) C1-1.18 Director, City Water Department C1-1 (4) C1-1.19 Engineer C1-1 (4) C1-1.20 Contractor Cl-1 (4) Cl-1.21 Sureties Cl-1 (4) C1-1.22 The Work or Project Cl-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Holiday C1-1 (4) C1-1.26 Abbreviations C1 1 (5) C1-1.27 Change Order Cl-1 (6) C1-1.28 Paved Streets and Alleys C1-1 (6) C1-1.29 Unpaved Streets and Alleys C1-1 (6) C1-1.30 City Streets C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) (1) w No C2-2,7 Delivery of Proposal C2-2 (4) C2-2.8 Withdrawing Proposals C2-2 (4) C2-2.9 Telegraphic Modification of Proposals C2-2 (4) C2-2,10 Public Opening of Proposal. C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (5) C3--3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise Women -Owned Business Enterprise compliance C3-3 (1) C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3..7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4) C3-3.9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3--3 (4) C3-3.11 Insurance C3-3 (4) C3-3,12 Contractor's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4,.2 Special Provisions C4--4 (1) C4-4,.3 Increased or Decreased Quantities C4-4 (1). C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5,-5 (2) C5-5.5 Emergency and/or Rectification Work C.5:-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5--5:10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5,13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5.17 Cleanup C5-5 (8). C5-5.18 Final Inspection C5-5 (9) woo MW .. *or no MW W ,r (2) M me me me .w me me to me so me wo 1W C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6--6.1 Laws to be Observed C6-6 (l.) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Material`s.and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right -of -Way C6-6 (3) C6-6.7 Railway Crossings C6-6 (4) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4) C6-6.9 Use,of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6) C6-6.11 Independent Contractor C6-6 (8) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8) C6-6.13 Contractor's Claim for Damages C6-6 (10) C6-6.1.4 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water. Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (4) C7-7.8 Extension of time of Completion C7-7 (4) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (6) C7-7.12 Temporary Suspension C7-7 (6) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7..16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) aw (3) C8-8.3 Lump Sum C8-8.4 Scope of Payment C8-8.5 Partial Estimates and Retainage C8-8.5 Withholding Payment C8-8.7 Final Acceptance C8-8.8 Final Payment C8-8.9 Adquacy of Design C8-8.10 General Guaranty C8-8.11 Subsidiary Work C8-8.12 Miscellaneous Placement of Material C8-8.13 Record Documents (4) C8-8 (1) C8-8 (1) C8-8 ( 2 ) C8-8 (3) CS-8 (3) C8-8 (3) C8-8 (4) C8-8 (4) C8-8 (S) C8-8 (5) C8-8 (5) .. .. PART C - GENERAL CONDITIONS .. C1-1 DEFINITIONS SECTION Cl-1 DEFINITIONS C1--1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract •• Documents govern all Water Department Projects and include the following items: PART A - NOTICE;TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown .. PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS 'El -White E2-Golden Rod E2A-White .. PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White .r b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as ., above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART-G - CONTRACT PART H - PLANS (Usually bound separately) W C1-1 (1) MW r bw C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and .. read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through .. a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the - usual construction and.con:tract requirements which govern the :performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict 'between. the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the j specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein.. C1-1.9 BOND: The bond or bonds are the written cuarantee.or security furnished by the Contractor for the prompt and C1:-1 (2) M s U-1 faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) ,r b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement batween the Owner- and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions .. therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The .. plans are usually bound'separately from 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. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly so authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized .. representative. so Cl-1 ( 3 ) 0r MW C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, 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. A sub -contractor is a person., firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for -the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and ap-proved changes therein. C1-1.22 THE WORK OR PROJECT: in and covered by the Contract limited to the furnishing of equipment, and incidentals nec and serviceable project. The completed work contemplated Documents, including but not all labor, materials, tools, 2ssary to produce a completed C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m, and 6:00 p.m., with exceptions a.s permitted in paragraph C7-7.6. C1-1.24 CALENDARDAY-S: .A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort north for observance by City employees as follows: M" am r aw bw Y . *W rJ MW M No ME# C1-1 (4) W 1. New Year's Day January 1 2. M. L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monda-y--in May, .. 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday .. shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar r holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined +� herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State.Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per .r Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter ,. HI - Hydraulic Institute O.D. - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. -<Inch CL - Center Line Ft. - Foot .. GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron no C1-1 (5) M C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit. quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED; STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not inc-luding an oiled surface, with or without separate basa material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.3.1 ROADWAY: The roadway is defined as the area between parallel lines two (21) feet back of' the curb limes or four (41) €.eet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. ar M +r No on M M err rM C1-1 (5) r W M .r .r SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL .. C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state .. the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's .. "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This ., statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be received. 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 for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work — performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time reauii;ed for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima -facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C 2 - 2 ( 2 ) r— so .. 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 by correctly filled in and the Bidder shall state the price, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. .. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be .. given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address :rust be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign .. proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or .. contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it iA 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. C 2 - 2 ( 3 ) C2--2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the*"Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC 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 City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the M C2-2(4) on M no so .s Owner reserves the right to waive any and all irregularities and to crake the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an Go irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, .s but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. no b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. 1W 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. 'o 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 MW unsatisfactory manner. f 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) no M so so PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS so SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the -application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of .the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. No 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 aw 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 1W 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 s 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. i C3-3 (1 ) .. The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal. Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4"WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) drays after the date on which the proposals were opened. C3--3.5 AWARD OF CONTRACT: The Owner reserves.the right to wxthholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. . The award of the contract, if an award is made, will be to the lowest and best responsible'bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3--3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: with the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, a-nd for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) no bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain r 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. r 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 ,r of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the me time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the .. City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (33 J" M new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be "* due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the , Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute .and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been ` attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. _ C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered. by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by #. reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. t The filing of a proposal will be considered as an acceptance f� of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the �+ contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractors' +� C3-3 (4) i. M .r to certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the owner that the ■w insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall `ft maintain, during the life of this contract, Workers' Comoensation Insurance on all of his employees to be engaged in work on the project .r under this contract, and for all sub -contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. r b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of. this contract Contractor's " Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: .s 1. Contingent Liability (covers General Contractor's Liability for acts of sub -contractors). r 2. Blasting, prior to any blasting being done. • 3. Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same). .. 4. Damage to underground utilities for $500,000. .. C3-3 (5) MP FW 5. Builder's risk (where above -ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not 1e.ss than $250,0,00 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. e.. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him., and also :against ,any of the following special hazards which may be encountered in the performance. of the.Contzact. f. PROOF OF CARRIAGE, OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts an.d by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub -contractor, should the Prime Contractor's insurance not cover the sub -contractor's work operations. g. L.00AL 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 within the city limits of the C3-3 (6) OR 40 r City of Fort worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the ow insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the •� insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth -Dallas .s area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. JW C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3--3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Wo Owner's representative within seven (7) days after the close of each payroll period: A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the am project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the .wage rates NO. shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, AV 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 No have or shall establish a fully operational business office within the Fort worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) w matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth -Dallas metropolitan area, notification 'F of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local �. authority. This same requirement is impos.ed on insurance and surety coverage. Should the Contractor's local representative Fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of --any action hereinunder shall be *' exclusively in Tarrant County, Texas. �Is C3-3 (8) AM 69 .E wo .. PART C — GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK 0 C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the so 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. ur 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 im 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 aw 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 "W 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 ow 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 no C4-4 (1) MW waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract -} Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or j for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: — a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is `not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and _ complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) I .r no suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. MW 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 10 compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. 10 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 VW 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 "o shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory 1W vouchers and certified payrolls covering all labor and materials exoended 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 showing the actual installation. No The compensation agreed upon for 'extra work' whether or not iniitiated by a 'change order' shall be a full, complete and no final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, .. ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. i.r C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work tinder this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work *or which estimates are to be expected. There MW C4--4 ( 3 ) am shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner_ C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit'to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. - The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,0.00. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) we 10 an C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. .w d. one critical path shall be shown on the construction schedule. .. e. Float time is defined as the amount of time between the earliest start date and the latest start date o`f a chain of activities of the CPM M. construction schedule. Float time is not for the exclusive use -or benefit of either the Contractor or the Owner. 1W f. Thirty days shall be used for submittal review unless otherwise specified.. 1W The construction schedule shall as a minimum.be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve "" activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall ,W identify all trades or subcontracts whose work is represented by, activities that follow the guidelines of this Section. WN For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in 1r their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals-. +♦ 2. Submittal review periods. 3. Shop fabrication and delivery. ow 4. Erection or installation. 5. Transmittal of manufacturer's operation and wr maintenance instructions. 6. Installed equipment and materials testing. .. 7. Owner's operator instruction (if applicable). 8. Final inspection. go No CC'4-4 ( 5 ) rw 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the T overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements r 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 4 time specified. for C4-4 (6) to �j PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS so SECTION C5-5 CONTROL OF WORK AND MATERIALS ur C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Cont.raet Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performedk rate of progress of the work', overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may r arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. .. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money "` due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out r, promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross -sections, 'r 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 1W the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. .. No C5-5 (1) W C5-5.3 C-OORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award o.f Contract, the Contractor shall be deemed to have quoted the most expensive 'resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the wo.rk the constant attention ,.. necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. r The. Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at: all times MP .at the site of the project a competent, Eriglish-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable- of reading and understanding the Contract Documents and shall receive and , fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, t.o 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, a't any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to CS--S ( 2 ) 06 W w no adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the .. project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the " workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the r, 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 *W 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 rr project specifications or plans, the Engineer shall give the Contractor written notice that such work or chances 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 to the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. Ur C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor_ with all lines, grades, and measurements necessary to the proper prosecution and control aw 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. M C5-5 (3) ow These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such. stakes or markings as may .be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any o.f his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND, DUTIES OF CITY INSPECTORS: City Inspectors will be. authorized to inspect all work done and to be done and all materials furnished. Such inspection may _ extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence kir that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such ,,.. inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have a,u h-ority to reject materials or equipment to suspend M work until the question at issue can be referre3 to and be decided by the Engi:n.eer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents,. nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract -- Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents., provided, however, should the _ Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written -- appeal to the Engineer for his decision on the cutter in controversy. C5-5 (4) r ow .. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements ow 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. VW 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 "W 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 s without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be +� remedied or removed and replaced in an acceptable manner by the Contractor at 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. Mork so done may be ordered removed at the .• Contractor's expense. Upon the failure on the part of the Contractor' to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any .money due or to become due to the Contractor. Failure to require the removal of any w defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: I; the up 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 conferenge, 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 UN specified; and identifying all variations of the proposed C5-5 (5) substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to '- furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectl-y 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_ C5-5.12 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 and equipment fully conforming to the *AM requirements of the -Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specif"ic requremen>ts of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and sh:,all not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for rop.lacing any concrete which does not meet the requirements of the Contract Documents. Tests. shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall ba olace^ on wooden platforms or other hard, clean durable surfaces a^d not on the C5-5 (6) WN IM rr = ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown•on the Plans relative to existing utilities are based on the best information available. Omission from, or " the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas ,y 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 aw 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 1W 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 No 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 ow provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing sw utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: s 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. M C5-5 (7) A a.r 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of and This inconvenience will be as short as possible. Thank you, Contractor Address Phones b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub -contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub -contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained., the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C.5-5.17 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 accomolished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty -fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the C5-5 (8) we s 1w unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. +�• Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded, "� materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and ,.. waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and "' equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. at C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the "' Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After VW such final inspection, if the work and matarial.s 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. M or M s C5-5 (9) IM .. ar PART C -- GENERAL CONDITIONS no C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY w SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times +M 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 VW 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 ,m 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 orb 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 .w claims for infringement by reason of the use of any such patented design, device, material or process, or any trade -mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall M* indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of .. the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. .n 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 garbage and waste as will tend to T prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be i constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. W All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the j work shall at all times'•b.e so conducted, as to cause no t greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor Ls, required to maintain at all times all phases of his worts in such a manner as not to impair the safety or r. 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 to render reasonable ingress and egress for normal vehicular wr traffic, except during actual trenching or pipe installation `^ operations., at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the } property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is a,p:proved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any locaaton, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and s.hail, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges For such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materi-als excavatedand the construction materials such as pipe used in the construction of the work shall be placed so as no:. to en.da;rigar the work or prevent :Free access to all fire hydrsnts, fire alarm boxes, police call boxes, water valves, C6-6 (2) we s gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty -Four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the : Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, WW 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. r 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. C.6-6.6 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 wo 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 aw reasonable amount of tools, materials., and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or MW stacked 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 0 C6-6 (3) VM No carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upop the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall •.• be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the — railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the. project which is. related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, ' and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at r night. From sunset to sunrise the Contractor shall furnish F and maintain at least one easily visible burning light at each " barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles .� from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and 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. C6-6 (4) EP r .. aw 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 'o 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 ■w 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 ow 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 comoleted. The Contractor will be held resoonsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may 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 w 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 s Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in as C6-6 (5) %W M advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to,the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's — insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the .r complaint has been addressed. Whenever explosives are stored or kept, they shall; be stored �+�+ in a safe and secure manner and all storage places sha•1.1 be: plainly marked "DANGEROUS EXPLOSIVES" and shall be under the - care of a competent watchman_ at all times. All vehicles in which explosives are. being transported shall 'be plainly marked a.s mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such i right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additionalr rights -of -way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such .additional rights -of -way or work area shall be acquired for ,. the benefit of the City. The City shall be notifLed in writing as to t,h.e rights so acquired before work begins i.n the — �.ffected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner ,of such property. The Contractor — will not by allowed.to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which, must be removed to make possible proper prosecutionof the work as a part of the project construction operations. The Contractor , shall by responsible for the.preservation of and shall use C6-6 (6) wo wr r- aw every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas ow 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 so 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 'w 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 permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the ^- permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing w 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 aw subsidiary to the various items bid in the project C6-6 (7) MW to proposal. Therefore, no separate payment shall be allowed for anv service associated with this work. in case of failure on the part of the Contractor to restore such property to make good such damage or injury,. the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.1.1 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work .. and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible Eor the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of resp,ondeat superior shall not apply as between Owner an-cl Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or �r suits for property damage or loss and/or personal injury, including death, to apy and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees., whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officersagents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or l indirectly, the work and services to be performed hereunder by uontra.c'tor,, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) 1W in whole or in part, by alleged negligence of officers, 'W agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold .. harmless Owner from and against any and all injuries loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in .. part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or ,invitees of the Owner. " In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction .. of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, us 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. aw 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 ow 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 MW 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 aw 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: .w 1. The claim has been settled and a release has been obtained from the claimant involved, or *. 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. .. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to *W 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 MW C6-6 (9) No no 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 Erom a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days — after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the 4` nature of the alleged damage, and on or before the 25t'n day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled 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 order's thereupon have been issued by the Engineer. The right is r reserved to the owners of public utilities to enter the ' geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. '! C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public — drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or 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 d_spose of drainage ana sewage Y C6-6 (10) ■. ow 'W received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and .. maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE ow 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. .n City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. A All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing *+ fire hydrant and/or valves, is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as ■w 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 w Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the .. work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. 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 wort{ or any part M C6-6 (11) .. thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subs-e.quent breach. The 0.wner 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 uponthe authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6--£.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used. or consumed in the performance of this contract by issuing to his supplier an exemption certificate. in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contractawardedby a developer for the con5:11Cruction of a publicly -owned improvement in a street right-of-way or other easement which ha.s been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 2G.04:(H) of the Texas limited Sales, Excise, and Use Tax Act., the Contractor can probably be exempted in the same manner stated above. C6-6 (12) W r r r r �w r sr sw w r w Ow No ON r w wr wr 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) .r .. PART C — GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS .. SECTION C7-7 PROSECUTION AND PROGRESS: .. C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his immediate super intendance, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets a.ny 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. Subcontractor's will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any. subcontractor on the work.' The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not Assign, transfer, sublet, convey, or otherwise disposeof the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the owner expressed by resolution of the City Council and concurred in .. by the Sureties. If the Contractor does without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract w 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 ow impracticable and extremely difficult to fix the actual damages. - C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any .. construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a aw brief outlining in detail and step by step the manner of .w C7-7 (1) aw prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure'its completion within the time limit. The sequence requested of all construction operations shall be at al.l times as specified in the Special Contract Documents. ,any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract t.im.e may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street.. C7-7.5 CHARACTER OF 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 operators, may be imported only after the local supply is .exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned_ to them, and the. Engineer may demand and secure the :summary dismissal o.f any person or persons employed by the Contractor in or about or .o.n, the work who, in the: opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) aw otherwise objectionable or neglectful in the proper no 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. IM All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and .r operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for ,W 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 VW that no injury to the work, workmen or adjacent property will result from its use. r C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1-1.23 "WORK.I:NG DAY" or the date stipulated in the "WORK ORDER for beginning work, whichever comes first. Nothing in th'ese Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or UW 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. UW 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 ftw Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. .. C7-7 (3) w .. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of th.,,e 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 whale work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time. of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the -time of completion be requested such request will be forwarded to the City Council for approval . L In adjusting thecontract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contr,actor,including but limited to acts of the public _enemy, acts of the Owner, f1re,• flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub -contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time- because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide _ attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and .completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused b_v the failure of the City to provide information or material, if C7-7 (4) r ow any, which is to be furnished by the City. when such extra .. compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the .. Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application ., for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7..10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in .the Proposal section of the contract documents. .. The number of days indicated shall be a realistic estimate of the time required to complete the 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 .w completion specified in the Contract Documents: For each calendar day that any work shall remain uncompleted .. after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following .. schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages aw suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5.,O00 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 C7-7 (5) Imm $ 500,001 to $1,000,000 inclusive $ 315.00 $1,000,001 to $2,000,000 inclusive $ 420.00 $2,000,001 and over $ 630.00 M ftw The parties hereto understand and agree that any harm to the _ City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation,. and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered 06 by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the *' Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. 00 C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. Duri.na temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become nec-essary to suspend work for an r indefinite period, the Contractor shall store all materials in such .manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take `~ every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the. project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7--7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to.r proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the costlw of mowing his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) W that construction may be resumed. Such reimbursement shall be "' based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. .w C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it �• becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City .. in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after .+ investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract .. and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. .. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended ow immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time s-pecifiee in the Work Order issued by the Owner. .. C7-7 (7) r. b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become Wd insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the -Contractor promptly to make good any E defect in materials or workmanship, or any defectsir of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction, of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against am the Owner. A copy of the suspension order or action of the City Council w, shall be served on the Contrlactor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written � C7-7 (8) .. consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified .w time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it •• may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and .. property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of No the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required .to obtain the lowest bid for the .. work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have " been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the �. Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. ,. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Docur..ents have C7-7 (9) .. MW been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work. under this contract may be terminated by .the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by.,the owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as thereign stated; and no proof in any claim, demand or suit shall be required -of the owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified- in the notice of termination; 2. place no further orders or subcontracts for materials,, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: C7--7 t10) Now EW ..t r WF W W WE a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the •• notice of termination; and 6, take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination_, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. r MW C7-7 (11) r f J D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to r. be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor.. shall be paid the agreed amount. No amount shall be du.e for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.,16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pu-rsuant to this section the Owner shall determine, on the basis of information available to it, the amount,.,. if any, due to the Co-ntractor by reason of +� the termination and shall pay to the Contractor the amounts deter.mi.ned. No amount shall be due for lost or anticipated profits. J F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all un.liquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this `r contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, .. pursuant to the provisions of this clause, and not 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 Enaine_er a request in writi4ng for an ,r C7-7 (12) to r equitable adjustment of the price or prices MW specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract .. price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter tha 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 r responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and .. property from injury, including death, or damage in connection with the work. M W .. MW C7-7 (13) PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-6.2 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 .r protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8--8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/'or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment .. for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) before its final acceptance by the owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations i of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or'damage shall have been discovered on R� or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and 5th day of each month the Contractor shall submit to the t Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the loth day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. (such payment will be allowed on a basis of 85% of the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request to aid C8-8 ( 2 ) W_ M him as a guide in the verification or the preparation or 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. C8-8.5 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 r fulfilled on the part 'of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory., in an acceptable condition, and has been completed in accordance with the terms of the Contra-ct Documents and all approved modifications thereof, the Engineer will initiate the process-,in..g of the final estimate and recommend final acceptance of the project and final payment .. therefor as outlined in CS--8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications •• thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work _ _will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are •• subject to necessary corrections or revisions in the final payment. CB-S (3) No The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the' City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. — The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. r.. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to _ prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own r design features, sufficiency of the Contract Documents, the �— safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the ore'-ises 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 work-.anship. The Contractor shall remedy any defects or damages in zhe work and C8-8 ( 4 ) +" pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORE: 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 ,w 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 No the actual amount used for the project. .. W C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. C8-8 (5) s to no r s rr i PART Cl SUPPLEMENTARY CONDITIONS TO PART C 2-TOC S6-0B MM.doc SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the loth 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. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" .. Revised Pg.1 10/24/02 .. a• E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: _ Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the .. Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such injury, damage or death is caused, in whole or in part, by the negligence or alle-ed negligence of Owner, its officers, servants, or employees. Contractor likewise .. covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and �+ conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. .. F. INCREASED OR DECREASED QUANTITIES: Part C - General Conditions, Section C44 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C44.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to .. extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. Revised Pg.2 10/24/02 .. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS" -- a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. .s 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 so A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. da 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. `r 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 aw 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. we j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Revised Pg.3 10/24/02 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. .. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. ab 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: T The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work .. contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work - in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by Y the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract .. and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: r Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work .. not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract Revised Pg.4 10/24/02 no which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. ,,. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of .. acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION No 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 'W 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 .o his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City .. Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated .. November 1, 1987; (City let projects) make the following revisions: Revised Pg.5 10/24/02 w am 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: - In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL .. AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: 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: no Revised Pg.6 10/24/02 w w 1. 50 copies and under - 10 cents per page 2, More than 50 copies - 85 cents for the first page plus .s fifteen cents for each page thereafter .. M. SITE PREPARATION: The Contractor shall clear rights -of -way or easements of obstruction which must be .. removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs " incurred will be considered to be included in the Linear Foot price of the pipe. '" N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES, WARNINGS_. AND WATCHMEN: " 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. w 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. .. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: .. Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a .. Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The " misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being _ determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. ow Revised Pg. 7 10/24/02 w .r 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 .r 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 or 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 ow 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. ow W .r W .. Revised Pg.8 10/24/02 w PART D SPECIAL CONDITIONS -TOC 5-6-08 Wdoc FPART D -SPECIAL CONDITIONS D-1 GENERAL................................................................................ .................3 D-2 COORDINATION MEETING.........................................................................................6 D`3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ................6 D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT................................8 D- 5 CROSSING OF EXISTING UTILITIES..........................................................................8 D- 6 EXISTING UTILITIES AND IMPROVEMENTS..............................................................9 ' D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES...........................................................9 D- 8 TRAFFIC CONTROL...................................................................................................10 D- 9 DETOURS...................................................................................................................11 D- 10 EXAMINATION OF SITE ...11 D- 11 ZONING COMPLIANCE...............................................................................................11 D- 12 WATER FOR CONSTRUCTION..................................................................................11 D- 13 .................................................................................. WASTE MATERIAL ...................11 Elmo D- 14 PROJECT CLEANUP AND FINAL ACCEPTANCE...................................................... 11 D- 15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK.................................12 D-.16 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES ............................12 D- 17 BID QUANTITIES........................................................................................................12 D- 18 CUTTING OF CONCRETE..........................................................................................13 D- 19 PROJECT DESIGNATION SIGN.................................................................................13 D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT......................................13 D- 21 MISCELLANEOUS PLACEMENT OF MATERIAL........................................................13 D- 22 CRUSHED LIMESTONE BACKFILL............................................................................14 �. D- 23 2:27 CONCRETE.........................................................................................................14 D- 24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION.........................................14 D- 25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS ............ 15 D- 26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) ................16 D-27 SANITARY SEWER MANHOLES................................................................................17 D- 28 SANITARY SEWER SERVICES..................................................................................20 D- 29 REMOVAL SALVAGE AND ABANDONMENT OF EXISTING FACILITIES................21 D- 30 DETECTABLE WARNING TAPES...............................................................................24 D- 31 PIPE CLEANING..........................................................................................................24 •r D- 32 DISPOSAL OF SPOIL/FILL MATERIAL ........................... :........................................... 24 D- 33 MECHANICS AND MATERIALMEN'S LIEN.................................................................24 D- 34 SUBSTITUTIONS........................................................................................................25 .. D- 35 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER.............25 D- 36 VACUUM TESTING OF SANITARY SEWER MANHOLES..........................................28 D- 37 BYPASS PUMPING.....................................................................................................29 D- 38 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ..........29 .. D- 39 SAMPLES AND QUALITY CONTROL TESTING ................. ........................................ 31 D- 40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE)................................................................32 ' D- 41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ........................33 D- 42 PROTECTION OF TREES, PLANTS AND SOIL.........................................................33 D- 43 SITE RESTORATION..................................................................................................33 ow D- 44 CITY OF FORT WORTH STANDARD PRODUCT LIST..............................................34 D- 45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING.............................................34 D- 46 CONFINED SPACE ENTRY PROGRAM ........................ ..................39 ............................ .. D- 47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ............................40 D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS)......................40 D- 49 CONCRETE ENCASEMENT OF SEWER PIPE..........................................................41 0411-Yo8 SC-1 aw ww ���� �� - ����~b1� ������F�Yl�Y������ PART ^^ ^ " ^° SPECIAL CONDITIONS .~�."^^ D-5O --------------------------------'—.---'41 Q-51 ---------------------'41 -- D-52 ---.--------.---.-------.41 521 ---------------.—.--------.41 m� 52.2 Blocking '----------.----.-----.----.--.---------.----..42 -- 52.3 ------------'--------------------'42 52/4 ------------------.---------.----.--------'42 52.5 Connection of Existing Mains —'..----------------------.----.42 52]5 ------------.--------------.----------.43 � 52.7 Water Services ----------.-----------------------.--..43 52.8 -----------.----.----.—.—.-----.45 52.9 Purging and Sterilization of Water Lines ---.—.--.----------------.4O -- 52]0 Work Near Pressure Plane Boundaries —'---------'------------'46 5211 Water Sample Station -------------.----------------.—..—.47 p 5212 --------.---.--.------------.47 -~ D-53 ------------.--------.----.4� O-54 DEWATERING ...................................... ..................................................................... 40 �= - Q-55 TRENCH EXCAVATION ON DEEP TRENCHES -------------..-----.40 -- O'56 TREE PRUNING -------.-------.—.-------------------.40 0 D-57 TREE REMOVAL ---------------------.---------.--.--4S Q-58 ---------.---'----.---------------.----49 -- Q- 59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND �NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING ,CONSTRUCTION---.----.-------.-------------'--.---..4S L}-tK} TRAFFIC BUTTONS ---_—.-------..---------'-----------5O O-G1 SANITARY SEWER SERVICE CLEANOUTS ---------'------..--.--5O 1w D'O2 TEMPORARY PAVEMENT REPAIR --------------'----------..51 Q-O3 . .. ' —...� ... 51 ..---.— .—� ' .. .. . ------------_—.—� -- Q'G4 EASEMENTS AND PERMITS —'--.---------------------.--.-51 �= Q-G5 --.--------.-----.52 D-8O WAGE RATES -------------------------.-----------..52 -- Q-O7 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ----------.--54THAN Q- 68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER 1 ACRE) .............................................................. ---... ........ ----'--54 -- Q-OS EXISTING WATER SYSTEMS -----------------'-------'---'~~ U� O-7O ADDITIONAL SUBMITTALS FOR CONTRACT AWARD --------------..57 -- D-71 EARLY WARNING SYSTEM FOR CONSTRUCTION ------.----------57 Q-72 AIR POLLUTION WATCH DAYS --.---.—.---------.-----_--_'..58 w� Q-73 ---.---------5O _ O-74 GREEN CEMENT POLICY '----------.--.------..-------.--'50 NOTICE OF TEMP. WATER SERVICE INTERRUPTION .--------.---.—.—OO TQH - DEMOLITION/RENOVATION NOTICE FORM ----------------'O1 PART D - SPECIAL CONDITIONS This Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 — aw 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 No Conditions and Part C1 — Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: College Avenue (Page Street to West Capps Street) Orange Street a„ (Stanley Avenue to Townsend Drive) Lipscomb Street (West Capps Street to West Berry Street) _ Wayside Avenue (N. Dead End to West Cantey Street) FORT WORTH, TEXAS .. TPW PROJECT NO. C200 541200 2094000455 WATER PROJECT NO. P253 541200 6091700455 so SEWER PROJECT NO. P258 541200 7091700455 DOE NO. 5411 D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: .. 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. .. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name, or identification include therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the contractor. The specifications and `" drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. 04115108 SC-3 ow PART D - SPECIAL CONDITIONS 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. aw This contract and project, where applicable, may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call -out for the pay item by the designer. If not shown, then applicable published specifications in either of these "' documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. .. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and .w rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: L_J 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 4 "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102. .. B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a .. proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non - consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by .. telegraphic communication at any time prior to the time set for opening proposals, provided 0411 108 SC-4 M PART D - SPECIAL CONDITIONS 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. .. Ur .. no .. .. s .. .w no t� no ., 04115108 SC-5 .. PART D - SPECIAL CONDITIONS Y 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. No D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: r 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, .w 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 No 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. ow 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 .o 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: 04115108 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 SC-6 r rn w PART D - SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. "' F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. u* G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the .. project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: No 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, *o for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of .r 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; MW 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 w 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 .n year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten No (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 .. PART D - SPECIAL CONDITIONS 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 misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. r 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) 463-3642 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 .. 04115108 SC-8 an PART D - SPECIAL CONDITIONS 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. MW D- 6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, .. service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support, protection and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction. The Contractor is liable for all damages done to such existing facilities .. as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL !" BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or .. repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall �. cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. w D- 7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new .. 04115108 SC-9 MW PART D - SPECIAL CONDITIONS No 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. aw 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 .m to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. UW 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 .o providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on .. Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. MW Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-87701 at or before the L' preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued 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 817-392-7738) 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 lump sum pay item for traffic control shall cover design and / or installation, and maintenance of the traffic control plan. No 04115108 SC-10 M to PART D - SPECIAL CONDITIONS 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. owD- 11 ZONING COMPLIANCE During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. ow D- 12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. un D- 13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the `o 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 MW 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 .w 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 0 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- .,. o4i1,5/oa SC-11 PART D - SPECIAL CONDITIONS No of -way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth Department of Engineering shall give final acceptance of the completed project work. D- 15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup. The Contractor shall not commence with water and/or sanitary sewer installation until such time that the survey cut -sheets have been received from the City inspector. D- 16 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES aw The following procedures will be followed regarding the subject item on this contract: ■. 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, .o 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." aw 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. No 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCOR) who will erect temporary mechanical barriers, de- ow 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 ONCOR, and shall record action taken in each case. .. 4. The Contractor is required to make arrangements with the ONCOR company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and .. expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D- 17 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. 04115 08 SC-12 .. PART D - SPECIAL CONDITIONS D- 18 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D- 19 PROJECT DESIGNATION SIGN .. Project signs are required at all locations. It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs, project signs ., shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades. Barricade signs shall be in accordance _ with Figure 30, except that they shall be V-0" by 2'-0" in size. The information box shall have the following information: For Questions on this Project Call: I (817) 392-8306 M-F 7:30 am to 4:30 p.m. or (817) 392-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional •• compensation will be allowed. D- 20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or I driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sw sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenances required, shall be included in the square yard price of the bid item for concrete sidewalk or .. driveway repair. 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. am 04115108 SC-13 PART D - SPECIAL CONDITIONS ow 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. ow D- 24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. .. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements, and any temporary construction .. easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no .. plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back -fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and .. shall meet the following gradation: ow 04115108 SC-14 -- PART D - SPECIAL CONDITIONS • 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 % Retained .. 1" 0-10 1 /2" 40-75 3/8" 55-90 _ #4 90-100 #8 95-100 All other provisions of this section shall remain the same. 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. .. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as .. described above must be within +-4% of its optimum moisture content. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will .. be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, with the exception of Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and •- sewer pipe. Type "B" backfill shall be paid for at a pre -bid unit price of $15.00 per cubic yard. D- 25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 2000-1 through 2000-3. The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets, are provided in these specifications and contract documents. 04115108 S C-15 PART D - SPECIAL CONDITIONS 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 Fm opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering Construction Services Section by .. the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Department of Engineering will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and .o inspected by the Department of Engineering. D- 26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) .. A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other ■• appurtenances. The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas. The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. .. B. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub -Part P - Excavations, are hereby .o 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 Fm bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one or a No series of horizontal level or steps, usually with vertical or near -vertical surfaces between levels. Fm 04115108 SC-16 .. PART D - SPECIAL CONDITIONS 3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM - Shields used in trenches are generally referred to as "trench boxes" or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be .. either pre -manufactured or job -built in accordance with OSHA standards. 5. SHORING SYSTEM - Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave- ins. Shoring systems are generally comprised of cross -braces, vertical rails, (uprights), horizontal rails (wales) and/or sheeting. D. MEASUREMENT - Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT - Payment shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D- 27 SANITARY SEWER MANHOLES A. GENERAL: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in sw accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. For —� new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines. The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS: Concrete collars will be required on all manholes specified as per Figure 121. 2. WATERTIGHT MANHOLE INSERTS: Watertight gasket manhole inserts shall be installed in all sanitary sewer manholes. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. Stainless Steel manhole inserts shall be required for all pipe diameters 18" and greater. 3. LIFT HOLES: All lift holes shall be plugged with a pre -cast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting 04/15/08 SC-17 PART D - SPECIAL CONDITIONS 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 `r area regarded near the manhole. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. MANHOLE COVERS: All lids shall have pick slots in lieu of pick holes. Manhole frames •• and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans. Certain teed Ductile Iron Manhole Lids and Frames are acceptable for use where locking lids are specified. 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. 7. MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole. .. 8. EXTERIOR SURFACE COATING: Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- +. 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness. 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed O-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre -formed and trowelable Bitumastic as manufactured by Kent -Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross -sectional area or flat -tape and shall be sized as recommended by " the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other 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: 04115/08 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 SC-18 r Im -- PART D - SPECIAL CONDITIONS the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. -� 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block materials other than pre -cast concrete rings, or where necessary and approved by the Engineer, shall be replaced with a pre -cast flattop section. Pre -cast concrete rings, or a pre -cast concrete 6i6m flattop section will be the only adjustments allowed. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. -� Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to -• assure a proper final grade elevation. 3. EXPOSED EXTERIOR SURFACES: All exposed exterior surfaces shall be coated with MW 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. I;..w 04/15/08 SC-19 ma PART D - SPECIAL CONDITIONS _ 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, NEW 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 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 such as backfill, saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer .w 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 04115/08 S C-20 .. PART D - SPECIAL CONDITIONS approved by the Engineer. For situations involving sewer service re-routing, whether on public or private property, the City shall provide line and grade for the sewer service lines as shown on the project plans. Prior to installing the applicable sewer main or lateral and the necessary service lines, the Contractor shall verify (by de -holing at the building clean -out) the elevations (shown on the plans) at the building clean -out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied. Elevations shall also be verified at all bend locations on the service re-route. All applicable sewer mains, laterals and affected service lines that are installed without pre -construction de -holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de -holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans, the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied. Prior to backfilling, the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted. All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense. The Contractor shall ensure that the service line is backfilled and compacted in -- accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M. C-425 with series 300 stainless steel compression straps. The Contractor shall ., remove the existing clean -out and plug the abandoned sewer service line. The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained 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 MW 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 04115108 SC-21 PART D - SPECIAL CONDITIONS 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 Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault, the vault shall be demolished in place to a point no less than 18" .. below final grade. E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade. F. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. .. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. G. ABANDONMENT OF MANHOLES: Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete. Manhole top or cone section shall .. be removed to the top of the full barrel diameter section, or to point not less than 18 inches below 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 04115108 SC-22 r r PART D - SPECIAL CONDITIONS washed sand of clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved in backfilling, plugging of pipe(s) and all other appurtenances required, shall be included in the appropriate bid item - Abandon Existing Sewer Manhole. H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section, all full barrel .. diameter section, and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill, as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. I. CUTTING AND PLUGGING EXISTING MAINS: At various locations on this project, it may be required to cut, plug, and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. J. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation, Storage Yard. C. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows: separate payment will be made for removal of all fire hydrants, gate valves, 16 inch and larger, and sanitary sewer manholes, regardless of location. Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES: Where plans call for abandonment of existing sewer mains after the construction of a new sewer main, the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new main. Once this determination has been made, the existing main will be abandoned as indicated above in Item I. ,,,� 04115108 SC-23 PART D - SPECIAL CONDITIONS - D- 30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils, and the width shall not be less than two inches with a minimum unit weight of 2% pounds/1 inch/100'. The tape shall be color coded and imprinted with the message as follows: Type of Utility Color Code Legends Water Safety Blue Caution! Buried Water Line Below Sewer Safety Green Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close .. to the grade as is practical for optimum protection and detectability. Allow a minimum of 18 inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes, and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D- 31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. D- 32 DISPOSAL OF SPOIL/FILL MATERIAL Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the .. City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies. No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with -� obtaining the fill permit, including any necessary Engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of .. Engineering Department, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D- 33 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. 04115108 SC-24 M PART D - SPECIAL CONDITIONS _ D- 34 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub -section as related to "substitutions" shall be applicable to all sections of these specifications. D- 35 PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: Prior to the reconstruction, ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured -in -place pipe, fold and form pipe, slip -line, etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment .. necessary for the cleaning and inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high -velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high -velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high -velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to .. a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment, which cannot be collapsed, is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 2. CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high - velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful 04115108 SC-25 PANT D - SPECIAL CONDITIONS cleaning cannot be performed or equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists, and the cleaning effort shall be abandoned. When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup, including the water usage bill. All expenses shalt be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid .. or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from "' the site no less often than at the end of each workday and disposed of at no additional cost to the City. .. 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES. .. 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the .. camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no '^ payment will be made for an unsatisfactory inspection. B. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection videotapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device. Marking on the cable, or the .. 04i15r08 SC-26 M PART D - SPECIAL CONDITIONS like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer 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 No and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. The Engineer will return tapes to the Contractor upon completion of review. Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re -televise and provide a good tape of the —' line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected. The Engineer will return tapes to the Contractor upon completion of review. All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre -Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall ,... 04115108 SC-27 .. PART D - SPECIAL CONDITIONS provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to existing sewer conditions and for providing appropriate means for review of the — tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation; when a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line shall be incidental and no payment shall be made. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for TV Inspections. The cost of retrieving the TV Camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to TV Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. .. D- 36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer • manholes. B. EXECUTION: 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged, and all drop -connections and gas sealing connections shall be installed prior to testing. The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop -connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the Table I below in accordance with ASTM C1244-93: Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (10"H9 - 9"Hg) (SEC) Depth of MH. 48-Inch Dia. 60-Inch Dia. (FT.) Manhole Manhole 0 to 16' 40 sec. 52 sec. 18' 45 sec. 59 sec. 04115108 SC-28 s, PART D - SPECIAL CONDITIONS .. no 20' 22' 24' 26' 28' 30' For Each Additional 2' 50 sec. 55 sec. 59 sec. 64 sec. 69 sec. 74 sec. 5 sec. 65 sec. 72 sec. 78 sec. 85 sec. 91 sec. 98 sec. 6 sec. 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. 13- 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. 13- 38 POST -CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub -Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall .., 04115108 SC-29 PART D - SPECIAL CONDITIONS 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: TELEVISION INSPECTION: The camera shall be moved through the line in either •• direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television .. inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device_ Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy .. of the distance meter shall be checked by use of a walking meter, roll -a -tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints. The television inspection must be done immediately following the lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected. 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to .. stationing as shown on the plans. A copy of these television logs will be supplied to the City. 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 04115108 SC-30 M PART D - SPECIAL CONDITIONS playback shall be at the same speed that it was recorded. The television tapes shall be "' furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. .. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re - televise and provide a good tape of the line at no additional cost to the City. If a good tape .. cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. wo 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 wo 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 ,o 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) .. 04/15/08 SC-31 AN PART D - SPECIAL CONDITIONS for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D- 40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) .. A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures .. unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible -earth material exposed by preparing right- of-way, clearing and grubbing, the surface area of erodible -earth material exposed by .. excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control .. features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, .. mulching, seeding, and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the Engineer. 2. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 3. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 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. 04115108 SC-32 No -- PART D - SPECIAL CONDITIONS 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumen, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes .. and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide .. temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. "a D- 41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left a• accessible at night, on weekends, and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D- 42 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors' operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than existed prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. _ By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights -of -Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 817-392-5738. All tree work shall be in compliance with pruning standards for Class 11 Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by .. the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. .• To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project_ D- 43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the .. Engineer will be grade restoration to plus minus one -tenth (0.1) of a foot. 04115V06 SC-33 PART D - SPECIAL CONDITIONS .. D- 44 CITY OF FORT WORTH STANDARD PRODUCT LIST Proposed products submitted in the bid documents must appear in the latest "City of Fort Worth Standard Product List, for the bid to be considered responsive. Products and processes listed in the "City of Fort Worth Standard Product List shall be considered to meet City of Fort Worth .. minimum technical requirements. D- 45 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil, Sodding and Seeding. 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS: Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which 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 04115106 SC-34 PART D - SPECIAL CONDITIONS watered to the extent required prior to excavating. Sod material shall be planted within three days after it is excavated. CONSTRUCTION METHODS: After the designated areas have been completed to the lines, �• grades, and cross -sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described. Sodding shall be either "spot" or "block'; either Bermuda, Buffalo or St. .. Augustine grass. a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully —' rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. b. Block Sodding. At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil, shall,. upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place. When necessary, the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun. Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance. The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the .. Engineer until completion and final acceptance of the project by the City of Fort Worth. 3. SEEDING DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. MATERIALS: .. 04/15/08 SC-35 PART D - SPECIAL CONDITIONS a. General. All seed used. must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination: Common Name Puritv Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM -SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates (Eastern Sections) (Western Sections) (All Sections) Feb 1 Bermudagrass 40 Buffalograss 80 Bermudagrass 60 to Buffalograss 60 Bermudagrass 20 Buffalograss 40 May 1 Total: 100 Total: 100 Total: 100 Table, 120.2.(2)b TEMPORARY COOL -SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total: 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines, grades, and cross -sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed. 04115108 SC-36 mo .r ., PART D - SPECIAL CONDITIONS b. Finishing. Where applicable, the shoulders, slopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section D- 45, Construction Methods, is not applicable since no seed bed preparation is required. DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. aw 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 a- 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 s„ area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six .� (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may .. be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one -quarter (1/4) inch. The planted surface area and giving a smooth surface ., without ruts or tracks. In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth. r 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 aw comparatively smooth. 04115108 SC-37 No PART D - SPECIAL CONDITIONS RE -SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a. The re -seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit -seeding equipment will be able to cut through the turf and achieve adequate soil penetration- * Slit -seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4. HYDROMULCH SEEDING: If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION: "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing .s 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 .o represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists. In the event it is necessary to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal, pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition. Fertilizer that is powdered to caked will be rejected. Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". .. MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secured from borrow sources. Acceptable material for "Seeding" will be measured by the linear foot, complete in place. .. 04115108 SC-38 ,m PART D - SPECIAL CONDITIONS Acceptable material for "Sodding" will be measured by the linear foot, complete in place. Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding. .. PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading, hauling, placing and furnishing all labor, equipment, tools, supplies, and incidentals necessary to complete work. All labor, equipment, tools and incidentals necessary to supply, transport, stockpile and place .. topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding" bid items and will not be paid for directly. "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all 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: no 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. 04115108 SC-39 PART D - SPECIAL CONDITIONS D- 47 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION .. 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. .. 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be required to address all other .. deficiencies, which are discovered at the time of final inspection. 11. Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection" of PART C - GENERAL CONDITIONS. D- 48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) to 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, tree trunks, and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the _ direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3. Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations. The Engineer shall be notified at least 24 hours prior to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5. Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a minimum depth of 2 feet. 6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 D.I. pipe shall be utilized. 7. Except in areas where clearing is allowed, all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense. 8. Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures. 04115108 SC-40 so .. PART D - SPECIAL CONDITIONS 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. on 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 conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the .. existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a no safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6. Payment for exploratory excavation (D-Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration, field surveys, and all incidentals necessary to complete the work, shall be the unit price bid. No payment shall be made for exploratory excavation(s) conducted after construction has begun. D- 52 INSTALLATION OF WATER FACILITIES 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work 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). ■n 04116108 SC-41 PART D - SPECIAL CONDITIONS .. 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 .. 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- am concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 52.4 Tie -Ins The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins. And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 52.5 Connection of Existing Mains The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the .. 04/1W8 SC-42 .. PART D - SPECIAL CONDITIONS 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 City Project Manager, Construction Services, Phone 817-392-8306, 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 1.0 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 No 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 .0 appurtenants required, shall be included in the price of the appropriate bid items. 52.7 Water Services The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1-17 & E1-18) contained in the General Contract Documents. no All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. .. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section C5-5.15 INTERRUPTION OF SERVICE. 04115108 SC-43 A PART D - SPECIAL CONDITIONS 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. .. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line_ 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, ,r 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. 04/15i08 SC-44 PART D - SPECIAL CONDITIONS 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with — section E1-18A — Reinforced Plastic Water Meter Boxes. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 00 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 'w meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). .. 52.8 2-Inch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide — temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with .. the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out -of -service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon — restoring permanent service, the Contractor shall re -install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. W 04115106 SC-45 so PART D - SPECIAL CONDITIONS The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. .. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants .. required, shall be included in the appropriate bid item. B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used .. during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible. At the pre -construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. .. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 52.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de -chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the .. pipe. 52.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 04/15/08 SC-46 PART D - SPECIAL CONDITIONS 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 aw necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main. ,W Payment for all work and materials necessary for the installation of the sampling station, modification to the vault, fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: E2-7.11 DUCTILE -IRON AND GRAY -IRON FITTINGS: All ductile -iron and gray -iron .. fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie -down concrete blocking, and concrete .. cradle necessary for construction as designed. All ductile -iron and gray -iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie -down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie -down concrete blocking, and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed. w PART D - SPECIAL CONDITIONS D- 53 SPRINKLING FOR DUST CONTROL r 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. r D- 54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the r 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-155ORC Root Pruner .. C. NATURAL RESOURCES PROTECTION FENCE No 3. Steel "T" = Bar stakes, 6 feet long. 4. Smooth Horse -Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). r 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. r 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. aw D. ROOT PRUNING 04/15i08 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. so SC-48 no .. PART D - SPECIAL CONDITIONS 9. Backfill and compact the trench immediately after trenching. 10. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. .. 11. Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, r 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 borings have been made and are provided for bidder's information, at the locations shown on the logs of borings in the appendix of this specification, it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs. It shall be the responsibility of the bidder to make such subsurface investigations, as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required •• excavation and of doing other work affected by the geology of the site. The cost of all rock removal and other associated appurtenances, if required, shall be included in La the linear foot bid price of the pipe. D- 59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION .w OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION 04115108 SC-49 PART D - SPECIAL CONDITIONS _ 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) 392- 8306. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. D- 60 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item. In the event that the contractor prefers for the Signals, Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, the contractor shall contact SSMD at (817) 392-8770 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 04115108 SC-50 NO .. wo un ,.r .. PART D - SPECIAL CONDITIONS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc. whenever possible. When it is not possible, the cleanout stack and cap shall be cast iron. Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. D- 62 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the :.. entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. The contractor shall be responsible for maintaining the temporary pavement until the paving .. contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. "" D- 63 CONSTRUCTION STAKES The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other r, customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction, and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc.), and one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost, destroyed, or disturbed, to prevent the proper prosecution and control of the work contracted for in the Contract Documents, it shall be the Contractor's responsibility, at the Contractor's sole expense, to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to .. lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. ow 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 0=1 04115108 SC-51 ow PART D - SPECIAL CONDITIONS property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the plans desk at the Department of Engineering, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing, understanding and complying with all provisions of such permits, including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. For railroad permits, any and all railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance, including payment for flagmen, shall included in the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way". No additional compensation shall be allowed on this pay item. D- 65 PRE -CONSTRUCTION NEIGHBORHOOD MEETING After the pre -construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the 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 Im 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 wage rates stipulated in these contract documents. 04115108 SC-52 .. PART D - SPECIAL CONDITIONS This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas .. Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether �,. good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates; such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before ow 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 .e 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. Postinq of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. (Wage rates are attached at the end of this section.) ow (Attached) no 04115106 SC-53 .. PART D - SPECIAL CONDITIONS No D- 67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A. It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all .. Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance, regulation or policy whose requirements are more stringent. .. B. ACP is defined under NESHAP as a Category 11, non -friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61.150. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non - friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled, pulverized or reduced to powder by hand pressures. C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore, it is the policy of the City .. of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of .. Fort Worth assumes no responsibility for compliance programs, which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) .. PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the .. 04115108 SC-54 No aw PART D - SPECIAL CONDITIONS permit can be obtained through the Internet at hfp://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: 'w Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 ow 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. No The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 ow P.O. Box 13087 Austin, TX 78711-3087 VW STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. 04/15i08 SC-55 PART D - SPECIAL CONDITIONS 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. ow M D-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the .. operation of an existing City water line system with the City's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and .. on to accommodate the construction of the project, the Contractor must coordinate this activity through the appropriate City representative. The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full d extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. 04115108 SC-56 MW PART D - SPECIAL CONDITIONS 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. MW 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. .. 04115108 SC-57 0 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. D74 e3:, "GREEN" CEMENT POLICY M .m Im ci bye Fort` 1tortrCtty Counctll solution 3536 all cement ufitized, for this project shall _. from a kiln utilizing; a dry kiln process or from any kiln that does:;not produce an .. 31b; of NOx emissions'' r.,:ton of clinker produced. All related costs for,complying with Cement Polcy�shall be considered subsidiaryrto thapplable tiro"ect: ayitems. Th% Ms aeolv.`fQ.all cerii t �>,r©c1 c� iricltiitina concrete�.:�nd.ea r�te:;r� u 0 M The contractor shall complete and submit the `Green' Cement Policy Compliance Statement (included' in the con, thet documents) at the -,time of bid opening of, the project. Failure to comply with `Green'' Cement" polbeicy shall grounds for rejecting the bidas non -responsive. During the term_ of the contract if cement meeting the above :requirement is. not available; and viriiere cement from az. non=compliant source 'must be utilized, the contractor shall' furnish good too 04115108 SC-58 .. PART D - SPECIAL CONDITIONS faith effort documentation in form of letters from two North Texas cement manufacturers of .. 'Green' Cement stating that no stock of `green` cement is available for the'.contractor at that fime. These letters shall be considered valid for a maximum of one week after which` new letters -must be submitted to the:Project Inspector if `green'`cement continues to", unavailable. r No No No 04115108 SC-59 FORTWORTH D&W: DOE NO. XXXX Project Plaome: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: am MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) .. OR MR. AT .. (CITY INSPECTOR) (TELEPHONE NUMBER) sw THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, .. CONTRACTOR Im No PART D - SPECIAL CONDITIONS _ F TEXAS DEPARTMENT OF HEALTH DEMOLITION i RENOVATION O - NOTIFICATION FORM r NOTE: CIRCLE ITEMS THAT ARE AMENDED 4 T D H NOTIFICATION# 1) Abatement Contractor: TDH License Number. Address City: State: Zlo• c Office Phone Number. [ Job Site Phone Number: Site Supervisor: TDH License Number_ .r, U ; Site Suporvisoc TDH License Number. s Trained On -Site NESHAP Individual; Certification pate: w `r Demolition Contractor. i Address: i Y 2) Project Consultant or Opermior Marling Address: Clry State: T A 3) Facility Owner. H Attention: Office Phone Numbed City: State: Zio: _ _ _ TVH UcensB Number. Zip: Office Phone Number. [ l Mowing Address; ACity^ State: Zip; Owner Phone Number[-) ~Note: Tho invoice for tho notification too will be sent to the owner of the building and the billing address for the Invoice will be obtained from the Infotmation 1hot Is provided In this section. N 4) Description or Faculty Name: Physical Address: County City: Zip; S Facllily Phone Number( I Facility Contact Person: H Description of AreafRoom Number: A Prior Use: Future Use: .r P Age of BuildinglFacility: Size: Number of Roars: Sc lhool (K -12): D YES i7 NO 11 5) Type of Work: 0 Demolition ❑ Renovation (Abatement) ❑ Annual Consolidated Work will be during: p Day ❑ Ever ft ❑ NWtt O mm" PMI's .r b Description of work schedule: $) Is this a Public Building? L YES ❑ NO Federal Facility? C1 YES C NO industrial Site? D YES D NO NESHAP-Only Facility? ❑ YES rJ NO Is BuildlN'Facility Occupied"? o YES El NO L 7) Nolification Type CHECK ONLY ONE 0 original (10 Working clays) Cancellation 0 Amendment ❑ EmergencyfOrdered If this is an amer:drment, arhich amendment number is this?,_ (Enclose copy of original anchor last amendment) if an emergency, who did you talk with at TDH? €met9ency�: Date and Hour of Emergency (HH1 ILVDD": DewipWn of the sudden, unexpected event and explanation of haw the event caused unsafe conditions of would cause equipment damage (computers, machkteM etc Description of procedures to be followed in the event that unexpected asbestos is round or previoustynon-tiabie asbestos material becomes crumbied. puluerizad. or reduced to ,powder: 9) Was an Asbestos survey performed? 0 YES D NO hate: J I TDH Inspecot License No: - Ana4ytical Meth: ❑ PLM O TE1.t ❑ Assumed TDH Laboratory License No: (For TAHPA (public builiding) projects: an assumption must be made by a TDH Licensed Inspector) 10) Description of planned demolition or renovation work, type of material, and method(s) to be used: __. 11) Description of work practices and engineering eontrots to be used to prevent emissions or asbestos at ttte damolitlorVAKWaftn: ,. �'e04/1 r08 SC-61 Im 12) ALL applicable Items In the foll6vving table must be completed: IF NO ASBESTOS PRESENT CHECK HERE Asbestos -Containing Building Material Type Approximate amount of Asbestos Check unit of measurement Pipes Surface Area Ln Ft Ln M Sty Ft SO 1J1 Cu Ft Cu rut RACM to be removed a RACM NOT removed Inle6or Cate on I non-friaVu removed Exterior Category I non-frabla removed t Cate -co i non -friable NOT removed Interior CategoryCvegory 11 non-friabio removed Exterior Category 11 non -friable removed Catepory 11 non -friable NOT removed RA.Cht Off -Facility Component Im No 13) Waste Transpottef Name. TDH L.ioense, Number: Address. city: State: ZIP:,,_ �_ Contact Person. Phone Number_ { 1 14) Waste Disposal Site Name: Addren. City: Stow -__ Zip: _ TiOepnone: ( _) TNRCC Permit Number, 15) For.structuraily unsound facilities, attach a copy of demolition order and identilyGovernmental Official below: Name: — -Registration No: Title: Date of order (MMOD1YY) 1 ! Date order to begin (NlWDQ/YY) i' ! IS) Scheduled Dates of Asbestos Abatement (PAMIDD1YY) Start: ! 1 complete: 17) Scheduled Dates Demolition/Renovation (MPAODIYY) Start: I 1 Complete: I ! " Note: H the start date on this notification can not bo mot. Me TDH Regional or Local Program office Must be contacted by phone prior to the start date. Failure to do so is a violation In accotdanco to TAHPA. Section 295.61. I hereby oerlity that all information I have provided is correct, complete, and true to the best of my knowledge. I acknowledge that I am responsible for all aspects of the notification form, including, but not limiting, content and submission dates. The maximum penalty is $10,001) per day per violation. �. 1 1 (Signature of Building Owner/ Operator (Printed Name) (Daw) (Telephone) or Delegated Consuftant'Contractor)(Fax MUott>43r) .. MAIL TO: ASBESTOS NOTIFICATION SECTION TOXIC SUBSTANCES CONTROL. DIVISION TEXAS DEPARTMENT OF HEALTH 'Faxonam net aeceptww PO BOX 143538 'Fioxcs are not acccptod` r AUSTIN, TX 78714353E PH: 512-834-6600, 7-81)Oa72-5548 Fdrm APB#.5. dafod 07/29MZ Replaces TDH f4wm slated 0711 a01. For assistants in completing form. cafl f-800-572-5546 .. 04115108 SC-62 PART DA ADDITIONAL SPECIAL CONDITIONS r 2-TOC 5 e-OB Wdoc -- PART DA - ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS ..........................4 5A-2 PIPELINE REHABILITATION CURED -IN -PLACE PIPE (OMIT)..................................4 DA-3 PIPE ENLARGEMENT SYSTEM (OMIT) .................................................................4 DA-4 FOLD AND FORM PIPE (OMIT)..................................................................................4 '- 5A-5 SLIPLINING (OMIT) .................... DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT.........................................................4 5A-7 TYPE OF CASING PIPE................................................................................................7 "' DA-8 SERVICE LINE POINT REPAIR / CLEANOUT REPAIR ............................... ............8 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION ................... 11 5A-10 MANHOLE REHABILITATION (OMIT) ..................................... .......13 mw DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMIT) .................. 13 DA-12 INTERIOR MANHOLE COATING - MICROSILICATE MORTAR SYSTEM (OMIT).... 13 DA-13 INTERIOR MANHOLE COATING - QUADEX SYSTEM (OMIT) ................................. 13 -• EX-14 INTERIOR MANHOLE COATING - SPRAY WALL SYSTEM (OMIT) .........................13 DA-15 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM (OMIT) ......................13 DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPDXY LINER (OMIT)..... 13 .+ 5A-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM(OMIT)........................13 DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMIT).....................................................13 6A-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMIT)..................................14 .. DA-20 PRESSURE GROUTING............................................................................................. 14 DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMIT)...............................17 DA-22 FIBERGLASS MANHOLES (OMIT)..........................................................................17 aw DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES.....................17 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER............................................18 DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS....................................................18 sm DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE.............................................18 DA-27 GRADED CRUSHED STONES................................................................................... 19 DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE (OMIT).............................................19 5A-29 BUTT JOINTS - MILLED (OMIT) ............................... ,r 5A-30 ........19 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) (OMIT).......................................19 DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER............................................19 DA-32 NEW 7" CONCRETE VALLEY GUTTER ................ ...........20 5A-33 NEW 4" STANDARD WHEELCHAIR RAMP................................................................21 DA-34 8" PAVEMENT PULVERIZATION..............................................................................21 DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT)..........................22 DA-36 RAISED PAVEMENT MARKERS...............................................................................23 EA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMIT)..., 23 DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL (OMIT) ........ 23 DA-39 ROCK RIPRAP - GROUT - FILTER FABRIC OMIT ..23 DA-40 CONCRETE RIPRAP................................................................................................23 BA-41 CONCRETE CYLINDER PIPE AND FITTINGS...........................................................24 a EA-42 CONCRETE PIPE FITTINGS AND SPECIALS (OMIT) .......24 DA-43 UNCLASSIFIED STREET EXCAVATION...................................................................24 DA-44 6" PERFORATED PIPE SUBDRAIN (OMIT)..............................................................24 DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMIT) .......................................24 6A-46 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMIT)...................................25 DA-47 PAVEMENT REPAIR IN PARKING AREA.................................................................. 25 DA-48 EASEMENTS AND PERMITS................................................25 11102104 ASC-1 .o go PART DA - ADDITIONAL SPECIAL CONDITIONS DA-49 HIGHWAY REQUIREMENTS......................................................................................25 DA-50 CONCRETE ENCASEMENT.......................................................................................25 5A-51 CONNECTION TO EXISTING STRUCTURES............................................................ 25 6A-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION ................................. 26 DA-53 OPEN FIRE LINE INSTALLATIONS........................................................................... 26 DA-54 WATER SAMPLE STATION........................................................................................26 DA-55 CURB ON CONCRETE PAVEMENT .......................................... .............................. 27 6A-56 SHOP DRAWINGS.....................................................................................................27 DA-57 COST BREAKDOWN..................................................................................................28 DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY .................................. 28 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP...................................................................28 5A-60 ASPHALT DRIVEWAY REPAIR..................................................................................28 5A-61 TOP SOIL................................................................................................................... 29 FA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT .................. 29 DA-63 BID QUANTITIES........................................................................................................29 5A-64 WORK IN HIGHWAY RIGHT OF WAY (OMIT).......................................................... 29 BA-65 CRUSHED LIMESTONE (FLEX -BASE) .................. FA-66 OPTION TO RENEW (OMIT).....................................................................................29 DA-67 NON-EXCLUSIVE CONTRACT................................................................................... 30 BA-68 CONCRETE VALLEY GUTTER.................................................................................. 30 DA-69 TRAFFIC BUTTONS.................................................................................................. 30 BA-70 PAVEMENT STRIPING............................................................................................... 30 DA-71 H.M.A.C. TESTING PROCEDURES............................................................................ 30 D7A-72 SPECIFICATION REFERENCES................................................................................ 31 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK -FLOW PREVENTER/CONTROL VALVEAND BOX....................................................................................................... 31 DA-74 RESILIENT -SEATED GATE VALVES......................................................................... 31 EA-75 EMERGENCY SITUATION, JOB MOVE-IN................................................................ 31 DA-76 1 %" & 2" COPPER SERVICES.................................................................................. 32 BA-77 SCOPE OF WORK (UTIL. CUT) (OMIT).................................................................... 32 DA-78 CONTRACTOR'S RESPONSIBILTY (UTIL. CUT) (OMIT) ......................................... 32 6A-79 CONTRACT TIME (UTIL. CUT) (OMIT).. .................. ................................................. 32 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMIT) .................... 32 DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMIT) ...................................... 32 DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMIT) .................... :..................................... 32 BA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMIT)..........................................................32 DA-84 TRENCH BACKFILL (UTIL. CUT) (OMIT).................................................................. 32 5A-85 CLEAN-UP (UTIL. CUT) (OMIT)................................................................................. 32 DA-86 PROPERTY ACCESS (UTIL. CUT) (OMIT)................................................................ 32 5A-87 SUBMISSION OF BIDS (UTIL. CUT) (OMIT)............................................................. 32 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMIT)...................................32 5A-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) (OMIT).................32 DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMIT) ................................................ 33 ., DA-91 ADJUST WATER VALVE BOXES MANHOLES, AND VAULTS (UTIL. CUT) (OMIT)........... 33 DA-92 MAINTENANCE BOND (UTIL. CUT) (OMIT).............................................................. 33 BA-93 BRICK PAVEMENT (UTIL. CUT) (OMIT)................................................................... 33 DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMIT)................................................33 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMIT) ......................................... 33 fto r r r r r r no r um r 11102104 ASC-2 No r _ PART DA - ADDITIONAL SPECIAL CONDITIONS DA-96 REPAIR OF STORM DRAM STRUCTURES (UTIL. CUT) (OMIT)............................33 DA-97 "QUICK -SET" CONCRETE (UTIL. CUT) (OMIT) DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMIT).............................................................33 DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMIT)..... 33 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMIT) .........................33 DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) (OMIT) ........................................... 33 DA-102 PAYMENT (UTIL. CUT) (OMIT)................................................................................33 ow DA-103 DEHOLES (MISC. EXT.) (OMIT)...............................................................................33 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMIT) ............................................. 33 DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMIT).................................33 .. DA-106 BID QUANTITIES (MISC. EXT.) (OMIT).................................................................... 33 DA-107 LIFE OF CONTRACT (MISC. EXT.)(OMIT) ..............................................................33 DA-108 FLOWABLE FILL (MISC. EXT.) (OMIT) ............................... .. 33 _ DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) (OMIT)................................................33 DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) (OMIT)...................33 DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) (OMIT)...................................33 DA-112 MOVE IN CHARGES (MISC. REPL.) (OMIT)............................................................33 DA-113 PROJECT SIGNS (MISC. REPL.)..............................................................................34 DA-114 LIQUIDATED DAMAGES (MISC. REPL.) (OMIT)......................................................34 ,o DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMIT)...................................34 DA-116 FIELD OFFICE (OMIT).............................................................................................. 34 DA-117 TRAFFIC CONTROL PLAN (OMIT) ....................... ...34 . ... ..... ..... . no DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS (OMIT).... 34 11102104 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 specification 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 for all the units shall be ow 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 (OMITTED) DA-4 FOLD AND FORM PIPE (OMITTED) DA-5 SLIPLINING (OMITTED) DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT .. A. GENERAL: No 1. Furnish materials and necessary accessories, with strengths, thickness, coatings, and fittings indicated, specified and/or necessary to complete the work. 2. All excavation shall provide an open area conforming to the outside diameter of the casing and/or carrier conduit. The excavation shall be to an alignment and grade which will allow the carrier conduit to be installed to proper line and grade as shown on the Plans and as established in the Specifications. 3. Work shall be performed in accordance with the requirements of the City of Fort Worth Water Department, the Texas Department of Transportation, or railroad •• company, as applicable. B. MATERIALS: 1. Casing Pipe: Casing pipe shall be steel conforming to ANSI B36.10 and the following: .. 11102104 ASC-4r PART DA - ADDITIONAL SPECIAL CONDITIONS a. Field Strength: 35,000 psi minimum. b. Wall thickness: 0.312 in. minimum (0.5 for railroad crossings). —� C. Diameter: As shown on the drawings (minimum size requirements). d. Joints: Continuous circumferential weld in accordance with AWS D1.1 2. Carrier Pipe in Casing: Carrier pipe shall be as shown on drawings and as specified in the General Contract Documents. 3. Sewer Pipe without Casing Pipe: Shall be minimum Class 51 ductile iron pipe, or as designated on the plans. 4. Grout: Grout shall be Portland Cement grout of min. 2000 psi compressive strength at 28 days. Proportioned not less than 1 cu. ft. of cement to 3 cu. ft. of fine sand with sufficient water added to provide a free flowing thick slurry. C. EXECUTION .. 1. Where sewer pipe is required to be installed under railroad embankments or under highways, streets or other facilities in other than open cut, construction shall be performed in such a manner so as to not interfere with the operation of the .• railroad, street, highway, or other facility, and so as not to weaken or damage any embankment or structure. During construction operations, barricades and lights to safeguard traffic and pedestrians shall be furnished and maintained, until such .. time as the backfill has been completed and then shall be removed from the site. 2. Pits and Trenches: a. If the grade of the pipe at the end is below the ground surface, suitable pits or trenches shall be excavated for the purpose of conducting the jacking or tunneling operations and for placing 'end joints of the pipe. Wherever end trenches are cut in the sides of the embankment or beyond it, such work shall be sheeted securely and braced in a manner to prevent earth from caving in. b. The location of the pit shall meet the approval of the Engineer. •• C. The pits of trenches excavated to facilitate these operations shall be backfilled immediately after the casing and carrier pipe installation has been completed. 3. Boring and Jacking Steel Casing Pipe: Steel casing pipe shall be installed by boring hole with the earth auger and simultaneously jacking pipe into place. a. The boring shall proceed from a pit provided for the boring equipment and workmen. The holes are to be bored mechanically. The boring shall be done using a pilot hole. By this method an approximate 2-inch hole shall be bored the entire length of the crossing and shall be checked for line and 11/0Z04 ASC-5 PART DA - ADDITIONAL SPECIAL CONDITIONS z grade on the opposite end of the bore from the work pit, This pilot hole shall serve as the centerline of the larger diameter hole to be bored. Other methods of maintaining line and grade on the casing may be approved if acceptable to the Engineer. Excavated material shall be placed near the top of the working pit and disposed of as required. The use of water or other fluids in connection with the boring operation will be permitted only to the extent required to lubricate cuttings. Jetting or sluicing will not be permitted. �. b. In unconsolidated soil formations, a gel -forming colloidal drilling fluid consisting of at least 10 percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. C. Allowable variation from the line and grade shall be as specified under paragraph A.2. All voids between bore and outside of casing shall be. pressure grouted. 4. Installation of Carrier Pipe in Casing: a. Sanitary sewer pipe located within the encasement pipe shall be supported by "skids" or "bands" to prevent the pipe and bells from snagging on the inside of the casing, and to keep the installed line from resting on the bells. b. All skids shall be treated with a wood preservative. Skids should extend for the full length of the pipe with the exception of the bell area and spigot area .. necessary for assembly unless otherwise specified. C. The Contractor shall prevent over -belling the pipe while installing it through the casing. A method of restricting the movement between the assembled bell and spigot where applicable shall be provided. d. At all bored, jacked, or tunneled installations, the annular space between the carrier pipe and casing shall be filled with grout. Care must be taken that not too much water is forced into the casing so as not to float the pipe. The backftll material will not be required unless specified on the plans and specified by the Engineer. e. Closure of the casing after the pipe has been installed shall be plugged at the ends of the casing as shown on the drawings or as required by the Engineer. 5. Boring and Jacking Ductile Iron Pipe without Casing Pipe: a. As indicated on drawings and as required and directed by the Engineer sewer shall be constructed of bore and jacked ductile iron pipe. " b. When a casing pipe is not designated on the drawings, the contractor shall provide a casing pipe if necessary to achieve line and grade. Casing pipe — 11102104 ASC-6 PART DA - ADDITIONAL SPECIAL CONDITIONS shall be provided at no additional cost and shall be subsidiary to the cost -' bid for installation By Other than Open Cut. C. Bore and jack in accordance with paragraph C.3. above. d. Short length of sewer consisting of a single pipe section may be installed by jacking without a bore hole if permitted by the Engineer and in soft soil ,.. layer. All voids outside of installed pipe shall be pressure grouted. 6. Tunneling: Where the characteristics of the soil, the size of the proposed pipe, or the use of monolithic sewer would make the use of tunneling more satisfactory than jacking or boring, or when shown on the plans, a tunneling method may be used, with the approval of the Engineer or railroadfhighway officials. a. When tunneling is permitted, the lining of the tunnel shall be of sufficient strength of support the overburden. The Contractor shall submit the proposed liner method to the Engineer for approval. The tunnel liner 4' design shall bear the seal of a licensed professional engineer in the State of Texas. Approval by the Engineer shall not relieve the Contractor of the responsibility for the adequacy of the liner method. b. The space between the tunnel liner and the limits of excavation shall be pressure grouted or mud -jacked. C. Access holes for placing concrete shall be space at maximum intervals of 10 feet. D. MEASUREMENT AND PAYMENT: Installation of pipe by other than open cut will be measured by the linear foot of pipe, complete in place. Such measurement will be made between the ends of the pipe along the central axis as installed. The work performed and .. materials furnished as prescribed by this item will be paid for at the Contract Unit Price bid per linear foot for Pipe Installed by Other Than Open Cut of the type, size, and class of pipe specified as shown on plans. The furnishing of all materials, pipe, liner materials required for installation, for all preparation, hauling and installing of same, and for all labor, tools, equipment and incidentals necessary to complete the work, including excavation, backfilling and disposal of surplus material shall be. included in the Contract Unit Price as shown in the Bid Proposal. Payment shall not include pavement replacement, which if required, shall be paid separately. r. DA-7 TYPE OF CASING PIPE 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of _ E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: 11/WO4 ASC-7 PART DA - ADDITIONAL SPECIAL CONDITIONS A. For the inside and outside of casing pipe, coal -tar protective coating in accordance with 0 the requirements of Sec. 2.2 and related sections in AWWA C-203. .. B. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch. Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company, Advanced Products and Systems, Inc., or an approved equal shall be used on all non - concrete pipes when installed in casing. Installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. DA-8 SERVICE LINE POINT REPAIR / CLEANOUT REPAIR A. GENERAL: The work covered by this item consists of furnishing all labor, material, equipment, supervision, etc. necessary to construct a point repair on the portion of a service line located within a utility easement, street right-of-way or on private property. Point repairs on private property shall only be addressed after the Contractor has received written permission from the property owner to do the work. A blank Right -of -Entry Agreement form to be completed by the Contractor and the individual property owners is included at the end of this section. The Contractor shall keep a record copy of all Right - of -Entry forms obtained and have it on hand at all times during construction. The street addresses and approximate location of service line repairs are shown in Table _ and the Field Survey Forms in Attachment . It shall be the Contractors responsibility to accurately field locate the exact point of repair. B. MATERIALS: The pipe replacement material shall be gasketed joint, gravity PVC sewer pipe (ASTM D- 3034, SDR 26) and have a minimum cell classification of 12454 A or B as defined in ASTM D-1784. Installation shall be in strict compliance with the manufacturer, recommendations and the Uni-Bell Plastic Pipe Association. The method of jointing the ends of the replaced pipe with the existing pipe shall be water tight. C. EXECUTION: 1, After the location of the point repair is determined, the Contractor shall excavate and remove the damaged pipe and replace with new pipe. The minimum length of pipe replaced shall be three (3) feet. All work shall be performed by a licensed 11102104 ASC-8 on W .. -- PART DA - ADDITIONAL SPECIAL CONDITIONS plumber. Determine whether additional lengths of line beyond "minimum length" criteria need replacement. Report need for additional replacement to City and obtain approval before proceeding. —� 2. The Contractor shall excavate, shape the bottom of the trench and place the required pipe bedding so that the grade of the replaced pipe matches the existing service line grade. 3. Numerous service line point repairs along with lateral line point repairs and obstruction removals are located in areas which in many instances will require the removal of existing landscaping, structures, sidewalks, driveways, etc. Items removed or disturbed shall replaced or restored to original conditions or better. 4. Removal of Debris: Excess excavated material and debris are to be removed from .. the work site daily. Cost of hauling excess excavation and debris is to be included in the price bid for "Service Line Point Repair". 5. Roof and Yard Drains: At the locations indicated in Table _ of the Attachments. The Contractor shall disconnect roof and yard drains from the sanitary sewer service line. For yard drains, the Contractor shall excavate and remove the drain — from the yard and plug the line at the property line. For roof drains, the Contractor shall remove the downspout from the drain line and plug the line to prevent inflow. in addition, the Contractor shall install an elbow fitting at the bottom of the .. downspout to direct runoff, away from the building, and a concrete splash pad to prevent erosion. �. 6. Disconnected Service Lines: At the locations indicated in Table_ of Attachments to the Special Contract Documents, the Contractor shall remove the service line no longer in use by excavating at the property line and plugging the service line. 7. Abandonment of Point Repair: If a pipe is exposed and found in good condition, not requiring a point repair, notify City Engineer who will record abandonment of point repair. Backfill the excavation, replace pavement or sidewalk and repair and seed or sod unpaved areas. 8. Cleanout Repair; The Contractor shall make appropriate repairs to cleanouts as indicated in Table _ and as shown on the PLANS. All cleanout repair work shall be performed by a licensed plumber. .. a. General This special condition describes the repair of sanitary sewer cleanouts U located on private property as designated on the 1/1 Elimination Repair plans. Repair of the cleanouts shall consist of replacing defective cleanout caps or installing new caps where none exist, such that inflow is eliminated. There will be no repairs made to the existing cleanouts that require 11/02/04 ASC-9 PART DA - ADDITIONAL SPECIAL CONDITIONS excavation, other than what is required to expose the top of the cleanout so that the new caps can be installed. b. Materials Replacement cleanout caps shall be Dal -Caps as manufactured by Dallas Specialty & Mfg. Company, or equal. The rubber caps are held down by stainless steel clamps. C. Excavation 1) The Contractor shall submit shop drawings on all materials and equipment to be installed. 2) The Contractor is responsible for obtaining right of entry from the property owners prior to performing any work. Property owners should be notified 48 hours in advance of any work on their property. 3) The Contractor shall restore any disturbed surface to its original or better condition at no separate pay. D. MEASUREMENT AND PAYMENT: 1. Payment for service line point repair shall be on a unit price basis for each repair performed on all sizes of service lines for the respective depths. The minimum length of service line point repair shall be three (3) feet. No separate pay if the work is done within the limits of a service line reconnect as defined in Special Condition, D-28, "Sanitary Sewer Services". 2. Measurements for extra length repair is on a linear foot basis for repairs in excess of the minimum 3 foot replacement length. 3. All pipe fittings, adapters, concrete collars, bedding, and removal and replacements of grass sodding required shall be considered incidental to service line point repair. 3, If no pay item is included for any work required to properly complete a service line point repair as specified, the cost to perform said work, including any required removal and replacement of materials, shall be considered incidental to the service line point repair. 5. Depth of Bury is to be measured from Natural Ground Level to the Flow Line of the Sanitary Sewer Service Line at the Point of Replacement, The minimum trench width shall be T-0". 6. All excavation, backfill, removal and replacement of grass sodding and landscaping, plugs, fittings, and splash pads shall be considered incidental to removal of yard drains, disconnecting roof drains and plugging disconnected service lines. ,,,Dy04 ASC-10 M M M ..- _ -- PART DA - ADDITIONAL SPECIAL CONDITIONS 7 No separate payment will be made for the Contractor to obtain written permission to enter private property. a. Payment will be made for Abandonment of Point Repairs at the Contract Unit Price for Excavation and Backfill Abandoned Point Repairs. 9. Payment shall be made at the Contract Unit Price for each sanitary sewer cleanout successfully repaired. Payment shall be full compensation for ail materials, equipment, and labor required to perform the work. DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION A. GENERAL: 1. Scope: This section governs all work, materials and testing required for the application of interior protective coating. Structures designated to received interior coating are listed on the construction drawings. The structures are to be coated, including interior wall, top and bench surfaces. Protective coating for corrosion protection shall meet the requirements of this Specification (and items DA-14 and DA-15) and the Manufacturers recommendations and specifications. 2. Description: The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of -� protective coating of structures in accordance with manufacturer's recommendations. aw 3. Manufacturer's Recommendations: Materials and procedures utilized for the lining process shall be in strict accordance with manufacturer's recommendations. No 4. Corrosion Protection: Corrosion protection may be required on all structures where high turbulence or high H2S content is expected. B. MATERIALS: 1. Scope: This section governs the materials required for completion of protective coating of designated structures. 2. Protective Coating: The protective coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq, Inc. or a two-part epoxy resin system using 100% solids based epoxy binder with fibrous and flake fillers, is manufactured by Raven Lining systems and designated as Raven 405. 3. Specialty Cement (If required for leveling or filling): The specialty cement -based coating material shall be either Quadex QM-1s as manufactured by Quadex, Inc. or .. Reliner MSP as manufactured by Standard Cement Materials, ir1M 4. Material Identification: The protective coating material sprayed onto the surface of the structure shall be a urethane or epoxy resin system formulated for the ASC-11 PART DA - ADDITIONAL SPECIAL CONDITIONS application to a sanitary sewer environment. The spray system shall exhibit the minimum physical properties as follows: Property Tensile Strength Standard ASTM D-638 Long Term Value 5,000 psi Flexural Stress ASTM D-790 10,000 psi Flexural Modulus ASTM D-790 550,000 psi 5. Mixing and Handling: Mixing and Handling of specialty cement material and protective coating material, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the coating material shall perform the spray coating operations and coating installations. C. EXECUTION: 1. General: Protective coating shall not be installed until the structure is complete and in place. 2. Preliminary Repairs: a. All foreign materials shall be removed from the interior of the structure using high pressure water spray (3500 psi to 4000 psi at spray tip). b. All unsealed lifting holes, unsealed step holes, and voids larger than approximately one-half (1/2) inch in thickness shall be filled with patching compound as recommended by the material supplier for this application. C. After all repairs have been completed, remove all loose material. 3. Protective Coating: a. The protective coating shall be applied to the structure from the bottom of the frame to the bench, down to the top of the trough. The top of the structure shall also be coated. b. The protective coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. 1) The surface shall be thoroughly cleaned of all foreign materials and matter. 2) Place covers over the invert to prevent extraneous material from entering the sewers. 11102104 ASC-`t 2 .. w .. -- PART DA - ADDITIONAL SPECIAL CONDITIONS we 3) If required for filling or leveling, apply specialty cement product to provide a smooth surface for the coasting material. 4) Spray the urethane or epoxy onto the structure wall and bench/trough to a minimum uniform thickness of 125 mils (0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. After the walls are coated, the wooden bench covers shall be removed. 5) The final application shall have a minimum of three (3) hours cure time or be set hard to the touch, before being subjected to active flow. 6) No applications shall be made to frozen surfaces or if freezing is expected to occur inside the structure within 24 hours after application. 4. Testing of Rehabilitated Manholes: Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in. accordance with the Section D-36 - VACUUM TESTING OF SANITARY SEWER MANHOLES, D. MEASUREMENT AND PAYMENT: Payment shall be based on the Contract Unit Price Bid per vertical foot, measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment and material testing required to complete the work. Pressure grouting, if necessary to stop active infiltration prior to application of the protective coating, shall be included in the above unit price. Grouting of the pipe seals, bench and trough, and lower portion of a particular structure, if required by the Engineer, shall be paid for separately, as specified in Section DA-10, MANHOLE REHABILITATION. DA-10 MANHOLE REHABILITATION (OMITTED) DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMITTED) DA-12 INTERIOR MANHOLE COATING - MICROSILICATE MORTAR SYSTEM (OMITTED) DA-13 INTERIOR MANHOLE COATING - QUADEX SYSTEM (OMITTED) .. DA-14 INTERIOR MANHOLE COATING - SPRAY WALL SYSTEM (OMITTED) DA-15 INTERIOR MANHOLE COATING - RAVEN LINING SYSTEM (OMITTED) DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPDXY LINER (OMITTED) DA-17 INTERIOR MANHOLE COATING -STRONG -SEAL -SYSTEM (OMITTED) DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMITTED) f 11OM4 ASC-13 PART DA - ADDITIONAL SPECIAL CONDITIONS DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMITTED) IF DA-20 PRESSURE GROUTING A. GENERAL 1. Scope. This Section governs all work, materials and testing required for the pressure grouting of manhole defects. Manholes or sections of manholes with active leaks shall be repaired as indicated in the Manhole Rehabilitation Schedule. 2. Description. The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment, and testing required for the completion of pressure grouting of manhole defects in accordance with the Contract Documents. 3. Manufacturer's Recommendations. Materials, additives, mixture ratios, and procedures utilized for the grouting process shall be in accordance with manufacturer's recommendations. 4. Manholes. Manholes to be grouted are of brick, concrete, or fiberglass construction. A. MATERIALS 1. Grouting Materials: ' a. Urethane Gel Grout: Urethane gel grout, such as Scotch -Seal 5610 gel or equal shall be a hydrophilic polymer. The chemical shall be mixed within the range of from 8 to 10 parts of water and shall contain a reinforcing agent supplied by the same manufacturer. The material shall gel and cure to a tough flexible elastomeric condition. When wet, the gel shall exhibit strength properties of at least 25 psi tensile at 150 percent elongation. The material shall not change in linear dimension more than eight percent when subjected to wet and dry cycles. b. The chemical grout shall be applied so as to have the grout material flow freely into the defects. To avoid any wastage of the material flowing through the defects, a gel control agent may be added. The following properties shall be exhibited by the grout: 1) Documented service of satisfactory performance in similar usage. 2) Controllable reaction times and shrinkage through the use of chemicals supplied by the same manufacturer. The minimum gel set time shall be established so that adequate grout travel is achieved. 3) Resistance to chemicals; resistant to most organic solvents, mild acids and alkali. 4) Compressive recovery return to original shape after repeated deformation. 5) The chemical shall be essentially non -toxic in a cured form. 11102104 ASC-14 No aw r wn PART DA - ADDITIONAL SPECIAL CONDITIONS 6) Sealing material shall not be rigid or brittle when subjected to dry atmosphere. The material shall be able to withstand freeze/thaw and moving load conditions. am 7) Sealing material shall be noncorrosive. a. A reinforcing agent such as Scotch -Seal Brand 5612 reinforcing agent or no equivalent shall be utilized in accordance with manufacturer's recommendations. Any 5612 reinforcing agent which contains lumps must be discarded. Care must be taken to be sure that the pH of the water in the No tank is from 5 to 9. As a precaution against the possibility of the pH being outside this range, take a small amount of water from the tank to which Gel Reinforcing Agent 5612 is to be added. Add a few drops of 5612 to this test sample. Scotch -Seal Brand Gel Reinforcing Agent 5612 should disperse r readily. If precipitation occurs, drain the tank and retest. Repeat as necessary until dispersion occurs. If dispersion does not occur, do not use the water source. r b. A filler material such as Celite 292 (diatomaceous earth) from Johns Mansville or equivalent shall be utilized. The addition of the filler material r shall not exceed the quantity specified by the manufacturer, and continuous agitation of the water side of the mixture is required. The filler material may also be utilized as a reinforcing agent in accordance with the urethane gel •• grout manufacturer's recommendations. 1. Additives: Grout additions may be utilized for catalyzing the gel reaction, inhibiting r the gel reaction, buffering the solution, lowering the freezing temperature of the solution, acting as a filler, providing strength or for inhibition of root growth. we 2. Root Control: A root inhibiting chemical such as dichlobenil shall be added to the chemical grout mixture at a safe level of concentration and shall have the ability to remain active within the grout for a minimum of 12 months. '+ 3. Material Identification: Contractor shall completely identify the types of grout, mortar, sealant, and/or root control chemicals used and provide case histories of successful use or defend the choice of grouting materials based on chemical and physical properties, ease of application, and expected performance, to the satisfaction of the Engineer. 11102104 4. Mixing and Handling: Mixing and handling of chemical grout and forming constituents, which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It is the responsibility of the Contractor to provide appropriate protective measures to ensure that chemicals or gels produced by the chemicals are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the grout material and additives shall perform the grouting operations. ASC-15 .W PART DA - ADDITIONAL SPECIAL CONDITIONS C. EXECUTION 1. General. Manhole grouting shall not be performed until sealing of manhole frame and grade adjustments, partial manhole replacement, or manhole repairs are complete. 2. Preliminary Repairs: a. Seal all unsealed lifting holes, unsealed step holes, voids larger than approximately one-half (1/2) inch in thickness. All cracked or deteriorated material shall be removed from the area to be patched and replaced with Octocrete, as manufactured by IPS Systems, Inc. or equal, in accordance with manufacturer's specifications. b. Cut and trim all roots within the manhole. 3. Temperature_ Normal grouting operations including application of interior coating shall be performed in accordance with manufacturer's recommendations. 4. Grouting Material Usage. Grouting of the manhole may include corbel, wall, pipe seals, manhole joints, wall to flattop joint, and/or bench/trough. Areas of the manhole designated to be grouted will be directed by the Engineer. If entire manhole is scheduled for grouting, grouting shall include the entire manhole including corbel, wall, pipe seals and bench/trough. Pipe seal grouting shall include all pipe seals in the specified manhole and grouting of the specified manhole including the bench/trough to the maximum height of 18 inches from the crown. 5. Drilling and Injection: a. Injection holes shall be drilled through the manhole wall at locations indicated in the appropriate detail(s). b. Grout shall be injected through the holes under pressure with a suitable probe. Injection pressure shall not cause damage to the manhole structure or surrounding surface features. Grout shall be injected through the lowest holes first. The procedure shall be repeated until the manhole is externally sealed with grout. C. Grouting from the ground surface shall not be allowed. d. Grout travel shall be verified by observation of grout to defects or adjacent injection holes. Provide additional injection holes, if necessary, to ensure grout travel. e. Injection holes shall be cleaned with a drill and patched with a waterproof quick setting mortar for brick and concrete manholes. 6. Testing of Rehabilitated Manholes. Testing of rehabilitated manholes for water tightness shall be performed by the Contractor in the presence of the Engineer in 11102104 ASC-16 .. .. 4" PART DA - ADDITIONAL SPECIAL CONDITIONS accordance with the requirement of Section DA-21, VACUUM TESTING OF REHABILITATED MANHOLES of these specifications. D. MEASUREMENT AND PAYMENT If the entire manhole is grouted, the Contract Unit Price shall be per vertical foot grouted as indicated on the Manhole Rehabilitation Schedule included in these specifications or as required by the Engineer. Payment for grouting pipe seals, bench and trough, and 18 inches above crown of pipe, and grouting flattop to wall joint, shall be based on the Contract Unit Price per each manhole .. rehabilitated as indicated on the Manhole Rehabilitation Schedule. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, equipment, preliminary repairs and testing necessary to complete the work including grouting with urethane grout. DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMITTED) DA-22 FIBERGLASS MANHOLES (OMITTED) DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the resurfacing process commences for a particular street. The contractor shall attempt to include the Construction Engineer (if he is available) in the ■- observation and marking activity. In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure, It shall be the contractors responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone 338-6275 "Hot Line" Texas Utilities 336-9411 Mr. Roy Kruger Ext. 2121 Lone Star 336-8381 Mr. Jim Bennett Ext. 6982 City of Fort Worth, 871-8100 Mr. Jim Bob Wakefield Street Light and Signal Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. 91/02/04 ASC-17 .w r. I so PART DA - ADDITIONAL SPECIAL CONDITIONS 7M Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind, as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete", item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S4. Pay limits for laydown curb and gutter are shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall saw cut the curb and gutter and pavement prior to removal. included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the curb and gutter. The pay limit will be 9" out from the gutter lip, with same day haul -off of the removed material to a suitable dump site. The street void shall be filled with H.M.A.C. "Type D" mix as per specification No. 300 "Asphalts, Oils and Emulsions", Item No. 304 "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities and top soil as per specification item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc. damaged during construction shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 `Removing Old Concrete.", Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE The contractor shall remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar 11102104 ASC-18 r so .. .. rw am W M %W MW PART DA - ADDITIONAL SPECIAL CONDITIONS means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut No vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub -base. The total depth of excavation could range from a couple of inches to include the no surface -base -some sub -base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with "Type W surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot -Mix Asphaltic Concrete" shall govern work. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and .. incidentals necessary to complete the work. DA-27 GRADED CRUSHED STONES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones. "W For specifications governing this item see Item No. 208 "Flexible Base". The unit price bid per cubic yard shall be full compensation for all materials, labor, ebw quipment and incidentals necessary to complete the work. DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0- WIDE (OMITTED) DA-29 BUTT JOINTS — MILLED (OMITTED) DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) (OMITTED) DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER This item shall include the removal and reconstruction of existing concrete valley gutters at locations to be determined in field: Removal of existing concrete valley, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2.27 concrete base and crushed limestone to a depth as directed by I1/OZV4 ASC-19 bw wr PART DA - ADDITIONAL SPECIAL CONDITIONS - 1 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". ar Asphalt base material may be required at times as directed by the Engineer to expedite the work at locations identified in the field. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley Gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. DA-32 NEW 7" CONCRETE VALLEY GUTTER Im This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary .. excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314", Concrete Pavement", Item 312 "Hot -Mix Asphaltic .. Concrete", Item No. 104, 'Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the Contractor fails to complete the work on each half within seven (7) calendar days, a $100 so dollars liquidated damage will be assessed per each half of valley gutter per day. 11102104 ASC-20 MW PART DA - ADDITIONAL SPECIAL CONDITIONS The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work: DA-33 NEW 4" STANDARD WHEELCHAIR RAMP ., The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The removal of existing substandard wheelchair ramps and sidewalk as required for the installation of new wheelchair ramps shall be subsidiary to this pay item. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in Pay Item 5 (Removal and Replacement of Curb and Gutter). Pay limits for laydown curb and gutter are as shown in the Standard Pay Limit Detail (WR-1). The pay limit will extend from 9" outside the lip of gutter to 15" back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15" back from the face of curb and encompass the remainder of the ramp and sidewalk. All applicable provision of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. All concrete flared surface shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry -shake .� type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER). "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." The unit price bid per square yard for 4" standard wheelchair ramp as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to compete -- the work. DA-34 8" PAVEMENT PULVERIZATION a Contractor shall pulverize the existing pavement to a depth of 8". After pulverization is completed, contractor shall temporarily remove and store the 8" deep pulverized material, then cut the base 2" to provide place for the new 2" H.M.A.C. surface. The 2" base cut shall start at a depth of 8" from the existing pulverized surface. After the undercut operation is completed, contractor shall spread, mix, and compact the pulverized material to a 95% compaction per City's Standard Specifications or as directed by the Engineer in the field. A 3.5% portland cement shall be used to mix the pulverized material.. 11102104 ASC-21 .. W. PART DA - ADDITIONAL SPECIAL CONDITIONS If the existing pavement has a combination of 10" H.M.A.C. and crushed stone/gravel, undercut will not be required, the contractor will pulverize 10" inches, the 2" inch cut will be taken from the 10" pulverized material. (see soil test report) Pulverization shall start within ten (10) calendar days after all concrete work has been completed on a street. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per block per day, After the pulverization material is cured, the contractor shall overlay it with 2" H.M.A.C. surface within five (5) calendar days. If the contractor fails to begin the work within five (5) calendar days, a $200 dollars liquidated damage will be assessed per block per day. The unit price bid per sq. yd. shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to pulverize, remove and store the pulverized material, undercut the base, mixing, compaction, haul off, sweep, and dispose of the undercut material. The 2" H.M.A.C. surface will be paid by separate item. DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) The following specifications are for the furnishing and placing of reinforced concrete pavement or base as shown on detail and as directed by the Engineer. A. GENERAL: Reinforced concrete pavement or base shall conform to Specification Item No. 314 herein except for finishing and curing. B. FINISHING: The reinforced concrete shall be brought to a uniform surface by working with a wooden float. The surface shall be flush with the adjacent pavement and shall have a finish similar to the surrounding pavement. The surface shall be even and shall provide a smooth ride. C. CURING: The reinforced concrete pavement surfaces shall be sprayed uniformly with a membrane curing compound conforming to the requirements of ASTM C-309, Type 2, white -pigmented compound, which shall not produce permanent discoloration of the concrete. Concrete shall be allowed to cure for seven days or test cylinders reach 3000 psi before removal of barricades. D. EXECUTION: Included in this item will be the removal of the existing reinforced concrete pavement. The existing pavement shall be sawed so as to maintain an even, straight pavement cut. The existing reinforcing steel at sawed line and construction joints shall be lapped 18 inches with the new reinforced concrete pavement. The existing steel shall be thoroughly cleaned before lapping. The fallowing; work method will be performed on each utility cut: 11102104 ASC-22 W_ 0- .. .. .. .. so Im aw Im No so .. .• PART DA - ADDITIONAL SPECIAL CONDITIONS 1. Place safety signs, barricades and/or other warning devices where necessary and as required. no 2. Replace pavement to nearest joint. 3. Mark out the damaged area with keel, chalk line or paint being sure to include all areas .w requiring repair. r .. 4. Saw cut along marked lines a minimum of two (2) inches deep. 5. Remove existing concrete. 6. Form joints and place reinforcing steel and Dowel Bars (as required) according to standard specifications. 7. Place and finish concrete. 8. Clean up job site, removing all debris. 9. Maintain traffic control devices to protect the area until the concrete has cured seven days or concrete reaches 3000 psi compressive strength. E. PAYMENT: Payment shall be made at the unit price per linear foot as shown on the proposal and shall be .. full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. DA-36 RAISED PAVEMENT MARKERS All applicable provisions of Standard Specifications for Roadway Markers (Buttons) shall apply. .. The Contractor shall install standard roadway markers according to city specifications as shown on plan sheet or as directed by the Engineer. Please refer to "Roadway Markers Specifications". my DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMITTED) DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL (OMITTED) DA-39 ROCK RIPRAP - GROUT - FILTER FABRIC (OMITTED) ow DA-40 CONCRETE RIPRAP 1 GENERAL, The following shall govern the furnishing and placing of concrete riprap as shown MW on the plans or as directed by the Engineer. 2 MATERIALS: Concrete for riprap shall be placed in accordance with the details and to the dimensions shown on the plans or as established by the Engineer. Unless otherwise shown on the plans, concrete riprap shall be reinforced using wire or bar reinforcement. 11102104 ASC-23 M PART DA - ADDITIONAL SPECIAL CONDITIONS - The concrete shall be 3000 PSI at 28 days, Class A. Wire reinforcement shall be six (6) by six (6) inch No. 6 plain electric welded reinforcing fabric or its equal. A minimum lap of six (6) inches shall be used at all splices. At the edge of the riprap, the wire fabric shall not be less than one (1) inch, no more than three (3) inches from the edge of the concrete and shall have no wire projecting beyond the last member parallel to the edge of the concrete. .. Reinforcement shall be supported properly throughout the placement to maintain its position equidistance from the top and bottom surface of the slab. If the slopes and bottom of the trench for toe walls are dry and not consolidated properly, the Engineer may require the entire area to be sprinkled, or sprinkled and consolidated before the concrete is placed. All surfaces shall be moist when concrete is placed, ow After the concrete has been placed, compacted, and shaped to conform to the dimensions shown on the plans, and after it has set sufficiently to avoid slumping, the surface shall be finished with a wooden float to secure a reasonably smooth surface. 3. PAYMENT: Payment for concrete riprap in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used. Bid price will be full compensation for placing all materials, and for all labor, tools, equipment, and incidentals necessary to complete the work. so Payment for all necessary excavation below natural ground, and bottom or slope of the excavated channel will be included in the bid price. No DA-41 CONCRETE CYLINDER PIPE AND FITTINGS Concrete cylinder pipe on this project shall be Class 150 A.W.W.A. C-303 pretensioned concrete cylinder pipe or Class 150 AWWA C-301 prestressed concrete cylinder pipe as specified on the plans and manufactured in accordance with Material Standard E1-4 contained in the General Contract documents; Payment for work such as backfill, bedding, blocking, excavation and all other associated appurtenances; required, shall be included in the Linear Foot price of the pipe ` and lump sum for the pipe fittings in the appropriate BID ITEM(S). .. DA-42 CONCRETE PIPE FITTINGS AND SPECIALS (OMITTED) DA-43 UNCLASSIFIED STREET EXCAVATION This item will be used if additional excavation is needed that is not covered by "8" PAVEMENT PULVERIZATION". Additional Excavation is the removal of the excessive crown and base to •• bring the new base to proper grade and City standard specifications for street reconstruction. All applicable provisions of Item No. 106 "Unclassified Street Excavation' shall apply, work shall be paid per cubic yard. DA-44 6" PERFORATED PIPE SUBDRAIN (OMITTED) DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMITTED) 11102104 ASC-24 .o PART DA - ADDITIONAL SPECIAL CONDITIONS "' DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMITTED) DA-47 PAVEMENT REPAIR IN PARKING AREA The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. All .. required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with crushed limestone base material, aw compacted and level with the finished adjacent surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. DA-48 EASEMENTS AND PERMITS Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and .. permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the .. Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. DA-49 HIGHWAY REQUIREMENTS _ The Texas Department of Transportation requirements pertaining to the construction of this project are enclosed herein and made part of these specifications. DA-60 CONCRETE ENCASEMENT Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements shall conform to Fig. 113; for water line encasements it shall conform to Fig, 20 of the General Contract Documents. Requirements for such encasement are specified in Sections E1-20 and E2-20 of the General Contract Documents. •w Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Encasement. DA-51 CONNECTION TO EXISTING STRUCTURES All connections between proposed and existing facilities, shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements 111OM4 ASC-25 .. PART DA - ADDITIONAL SPECIAL CONDITIONS of Section E1-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM-Nek or approved equal shall be installed around penetrating pipe. Payment for such work as connecting to existing facilities including all labor, tools, equipment, and material necessary to complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM. DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION All combination turbo meter installations will be per attached Figure 33 unless otherwise directed by the Engineer. The contractor shall use Bilco Type J-3 Model 30" x 36" Steel Single Leaf Doors or approved equal unless the vault door is subject to vehicular traffic i.e.: in a street, parking lot, or driveway. The appropriate size turbo meter with strainer and check valve if required will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up these item(s) at the Field Operations Warehouse. Payment for all work, materials, and all necessary appurtenances from bypass tee to bypass tee which are required to provide a complete and functional Combination Turbo Meter Installation complete with Bypass and Concrete Vault shall be included in the price bid for each. DA-53 OPEN FIRE LINE INSTALLATIONS All open fire line installations will be per attached Figure 32 unless otherwise directed by the Engineer. The appropriate size detector check meter, 3/4-inch meter and class 'B' meter box will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up the items at the Field Operations Warehouse. Payment for all work, materials, and all necessary appurtenances from the City side flange coupling adapter to the customer side gate valve and box; including incidental 5 linear feet of pipe, which are required to provide a complete and functional open fire line installation shall be included in the price bid for each. Payment for the City side gate valve or tap valve depending on which is required will be paid for under the appropriate bid item(s). DA-54 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 11102104 ASC-26 .. .. PART DA - ADDITIONAL SPECIAL CONDITIONS included in the price bid for copper Service Line from Main to Meter. r 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 a, required to provide a complete and functional water sampling station shall be included in the price bid for the water main. .. 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. no 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. r DA-55 CURB ON CONCRETE PAVEMENT Standard Specification Item 502 shall apply except as herein modified. MW INTEGRAL CURB: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. .. SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mixing water so shall not exceed seven (7) U.S. gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. 00 PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this Project under the appropriate bid item and shall be in compliance with Public Works Department standard requirement Item 502. .. DA-56 SHOP DRAWINGS .. 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such _. review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute _ concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding 11102104 ASC-27 PART DA - ADDITIONAL SPECIAL CONDITIONS by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern_ The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work.. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Shop drawings shall be submitted for the following items prior to installation: List the required submittals here Additional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals - The submittals shall be addressed to the Project Manager: (Project Manager) City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 DA-57 COST BREAKDOWN In order to establish a basis upon which partial payments to the Contractor may be authorized, immediately after execution of the contract the Contractor shall furnish a detailed cost breakdown of his contract price arranged and itemized to meet the approval of the Engineer. DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY All work involving paving and/or drainage shall conform to the two following published specifications, except as modified herein: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION — CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP When H.M.A.C, greater than 9 inches in depth is encountered, it shall be replaced with a combination of H.M.A.C. and 2:27 concrete base, as determined by the Engineer, to achieve the required thickness of pavement. DA-60 ASPHALT DRIVEWAY REPAIR 11102104 ASC-28 .. .. .. fto ow .. aw wo as ft .. PART DA - ADDITIONAL SPECIAL CONDITIONS At locations where H.M.A.C. driveways are encountered, such driveways shall be completely .. replaced for the full extent of utility cut with H.M.A.C. equal to or better than the existing driveway. DA-61 TOPSOIL 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 IMP 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. 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. sm 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) ow DA-65 CRUSHED LIMESTONE (FLEX -BASE) Crushed limestone required for use as a flexible base material shall conform to Specification Item MW No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-66 OPTION TO RENEW no (OMITTED) 11102104 ASC-29 PART DA - ADDITIONAL SPECIAL CONDITIONS .. DA-67 NON-EXCLUSIVE CONTRACT This contract is non-exclusive. During the term of this contract or any renewal hereof, the City reserves the right to advertise and award another contract for like or similar work. If a second contract is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, without recourse. DA-68 CONCRETE VALLEY GUTTER This item shall include the repair/replacement of existing concrete valley gutters as directed by the Engineer. The proposed valley gutters will be constructed according to the detail included in these documents as well as conforming to Specification Item No. 314 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. The unit price bid for this item shall be full compensation for all materials (including applicable sub -base), labor, equipment and incidentals necessary to complete the, work. 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 III 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. The unit price bid for this item shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-71 H.M.A.C. TESTING PROCEDURES The contractor is required to 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 11/02104 ASC-30 No .. fto .. .. No "M PART DA - ADDITIONAL SPECIAL CONDITIONS rolling pattern that will provide the required densities. The required Density for Type "B" and for o' Type "D" asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. -W After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. no 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 ow determine the applied thickness. DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shall be understood that the latest revision of such specification, prior to the date of these general specifications or revisions thereof, shall apply. DA-73 RELOCATION OF SPRINKLER SYSTEM BACK -FLOW PREVENTER/CONTROL VALVE AND BOX r The relocation and reconnection of sprinkler system control valve and box will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to ow those located in the field and identified by the Engineer. A minimum of twenty-four (24) hours advance notice shall be given when service interruption will .. be required. When the relocation is required, separate payment will be allowed for the relocation of sprinkler back -flow preventer or control valve and box.. Payment for all work and material such as back -fill, fittings, five (5) feet of PVC Schedule 40 and all material labor, and equipment used by and for the licensed plumber shall be included in the price bid for the relocation of sprinkler back -flow preventer or control valve and box. All other costs will be included in other appropriate bid item(s). w DA-74 RESILIENT -SEATED GATE VALVES Any resilient -seated gate valves supplied for this contract shall conform to Material Standard E1-26, STANDARD SPECIFICATIONS FOR RESILIENT -SEATED GATE VALVES, with the exception of size requirements in sections E-26.1. All resilient -seated gate valves shall be mechanical joints and be approved on the City of Fort Worth Standard Product List. r DA-75 EMERGENCY SITUATION, JOB MOVE -IN The Owner or Engineer shall determine when an emergency situation shall exist. When water emergency work is required, the Contractor shall mobilize to the said location within twenty-four (24) hours after given notification from the Inspector and/or Project Manager. The Contractor .w shall make all necessary arrangements for bypass pumping, setting up barricades, notifying citizens, etc., while waiting for other utilities to be located as directed by the Engineer. The Contractor shall work continuously until the emergency work order has been completed at a time agreed to by the Project Manager, Inspector, and Contractor. After the emergency work order f 1102/04 ASC-31 ow PART DA - ADDITIONAL SPECIAL CONDITIONS has been completed, there will be no additional "Job Move -In" charges paid to remobilize back to the previous project location site. DA-76 1 %" & 2" COPPER SERVICES The following is an addendum to E1-17, Copper Water Service Lines and Copper Alloy Couplings: i All fittings used for 1 Y2" and 2" water services lines shall be compression fittings of the type [* produced with an internal "gripper ring" as manufactured by the Ford Meter Box Co., Inc., Mueller Company, or approved equal. Approved equal products shall submit shop drawings and manufacturer's catalog information for approval. Contractor shall make all cuts to the copper tubing with a copper tubing cutter tool specifically designed for this purpose in order to provide a clean, square cut. The use of hacksaws or any other type of cutter will not be allowed. Prior to installing the compression fittings, the copper tubing will be made round by the use of a "rounding tube" specifically made for that purpose. Payment for all work and materials associated with 1 12 " and 2" copper services shall be included in the price of the appropriate bid item. DA-77 SCOPE OF WORK (UTIL. CUT) (OMITTED) DA-78 CONTRACTOR'S RESPONSIBILTY (UTIL. CUT) (OMITTED) DA-79 CONTRACT TIME (UTIL. CUT) (OMITTED) DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMITTED) DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMITTED) DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMITTED) DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMITTED) DA-84 TRENCH BACKFILL (UTIL. CUT) (OMITTED) DA-85 CLEAN-UP (UTIL. CUT) (OMITTED) DA-86 PROPERTY ACCESS (UTIL. CUT) (OMITTED) DA-87 SUBMISSION OF BIDS (UTIL. CUT) (OMITTED) DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMITTED) DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) (OMITTED) 11/02104 — - A.SC-32 --- .. ftw 1. Im .. W r w aw PART DA - ADDITIONAL SPECIAL CONDITIONS DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMITTED) .. DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMITTED) mw 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 DRAINI STRUCTURES (UTIL. CUT) (OMITTED) ow DA-97 "QUICK -SET" CONCRETE (UTIL. CUT) (OMITTED) ow 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) 11102104 ASC-33 .. PART DA - ADDITIONAL SPECIAL CONDITIONS am DA-113 PROJECT SIGNS (MISC. REPL.) .. Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30 (dated 9-18-96) of the General Contract Documents. The signs may be mounted on am skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no .w additional compensation will be allowed. DA-114 LIQUIDATED DAMAGES (MISC. REPL.) (OMITTED) aw DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMITTED) am DA-116 FIELD OFFICE (OMITTED) DA-117 TRAFFIC CONTROL PLAN (OMITTED) DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS (OMITTED) 04C PART D-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 2-1 CC 5-6-08 hiM doc .. SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK................................................................................................... SP-4 2. AWARD 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 WORKERS 8. PAYMENT................................................................................................................. SP-5 9. SUBSIDIARY WORK................................................................................................ SP-5 aw 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC....................................................................................................... SP-5 11. WAGE RATES.......................................................................................................... SP-5 -� 12. EXISTING UTILITIES................................................................................................ SP-7 13. PARKWAY CONSTRUCTION.................................................................................. SP-7 14. .............................. MATERIAL STORAGE........................................................... ..... SP-7 .,. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS............................................................................................. SP-7 16. .................. INCREASE OR DECREASE IN QUANTITIES ............................. ........... SP-7 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS .................................. SP-8 „w 18. EQUAL EMPLOYMENT PROVISIONS..................................................................... SP-8 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE........................................................................................... SP-8 20. FINAL CLEAN UP 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW........................................................................................... SP-10 "' 22. SUBSTITUTIONS.................................................. SP-13 23. MECHANICS AND MATERIALSMEN'S LIEN........................................................... SP-13 24. WORK ORDER DELAY.......................................................................................... SP-13 25. WORKING DAYS.................................................................................................... SP-14 26. RIGHT TO ABANDON............................................................................................ SP-14 27. CONSTRUCTION SPECIFICATIONS..................................................................... SP-14 .. 28. MAINTENANCE STATEMENT................................................................................ SP-14 29. DELAYS....................................................................................................... SP-14 30. DETOURS AND BARRICADES.............................................................................. SP-15 31. DISPOSAL OF SPOIL/FILL MATERIAL.................................................................. SP-15 32. QUALITY CONTROL TESTING.............................................................................. SP-15 33. PROPERTY ACCESS............................................................................................. SP-16 34. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ...................... SP-16 35. WATER DEPARTMENT PRE -QUALIFICATIONS 36. RIGHT TO AUDIT................................................................................................... SP-17 37. CONSTRUCTION STAKES.................................................................................... SP-17 38. LOCATION OF NEW WALKS AND DRIVEWAYS ............. ..................................... SP-17 39. EARLY WARNING SYSTEM FOR CONSTRUCTION .............................................. SP-18 40. AIR POLLUTION WATCH DAYS............................................................................. SP-18 ,,, 04/15/08 Sp-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents UUrvs 1 Kuu I ION ITEMS: ow mm 41. PAY ITEM - UNCLASSIFIED STREET EXCAVATION ............................................. SP-19 42. PAY ITEM - 6" REINFORCED CONCRETE PAVEMENT ........................................ SP-19 "m 43. PAY ITEM - SILICONE JOINT SEALING................................................................. SP-20 44, PAY ITEM - 7" CONCRETE CURB.......................................................................... SP-24 45. PAY ITEM - RETAINING WALL............................................................................... SP-24 46. PAY ITEM - REPLACE EXIST, CURB AND GUTTER ............................................ SP-24 47. PAY ITEM - HMAC TRANSITION............................................................................ SP-25 48. PAY ITEM - 6" PIPE SUBDRAIN.............................................................................. SP-25 ... 49. PAY ITEM - TRENCH SAFETY................................................................................ SP-25 50. PAY ITEM - 8" THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION.................................................................................. SP-25 51. PAY ITEM - 6" HMAC PAVEMENT (THICKNESS TOLERANCES AND HMAC ,.. TESTING PROCEDURES)...................................................................................... SP-26 52. PAY ITEM - CONCRETE FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS) .................................... SP-27 .. 53. PAY ITEM - REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS, LEADWALKS AND WHEELCHAIR RAMPS............................................................. SP-27 54. PAY ITEM - REMOVE EXISTING CURB AND GUTTER ......................................... SP-27 55. PAY ITEM - REMOVE EXISTING CURB INLET ...................................................... SP-27 56. PAY ITEM - 6" REINFORCED CONCRETE DRIVEWAY ......................................... SP-27 57. PAY ITEM - REMOVE AND CONSTRUCT CONCRETE STEPS...... ....................... SP-28 .. 58. PAY ITEM - 4' STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP.............................................................................................. SP-28 59. PAY ITEM - REMOVE AND REPLACE FENCE ....................................................... SP-28 .. 60. PAY ITEM - STANDARD 7° CURB AND 18" GUTTER ............................................ SP-29 61. PAY ITEM - REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS..... SP-29 62. PAY ITEM - BORROW............................................................................................. SP-29 63. PAY ITEM - CEMENT STABILIZATION................................................................... SP-29 64. PAY ITEM - CEMENT.............................................................................................. SP-29 65. PAY ITEM - NEW 7" CONCRETE VALLEY GUTTER .............................................. SP-30 66. PAY ITEM - STORM DRAIN INLETS _ 67, PAY ITEM - TRENCH EXCAVATION AND BACKFILL FORSTORM DRAIN................................................................................................ SP-30 68. PAY ITEM - STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE) ................................................ SP-31 69. PRE BID ITEM - PROJECT DESIGNATION SIGN .................................................. SP-33 70. PRE BID ITEM - UTILITY ADJUSTMENT................................................................ SP-33 .. 71, PRE BID ITEM - TOP SOIL...................................................................................... SP-33 72. PRE BID ITEM - ADJUST WATER VALVE BOX ...................................................... SP-34 73. PRE BID ITEM - MANHOLE ADJUSTMENT............................................................ SP-34 74. PRE BID ITEM - ADJUST WATER METER BOX ..................................................... SP-34 75. NON -PAY ITEM - CLEARING AND GRUBBING...................................................... SP-34 76. NON -PAY ITEM - SPRINKLING FOR DUST CONTROL .................................. I...... SP-34 ., 77. NON -PAY ITEM - PROTECTION OF TREES, PLANTS AND SOILS ....................... SP-34 04/15/08 SP-2 .,. 78. NON -PAY ITEM -- CONCRETE COLORED SURFACE ........................................... SP-35 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 79. NON -PAY ITEM - PROJECT CLEAN-UP................................................................. SP-35 80. NON -PAY ITEM - PROJECT SCHEDULE............................................................... SP-35 81. NON -PAY ITEM - NOTIFICATION OF RESIDENTS ................................................ SP-36 82. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION.................................................................................................... SP-36 83. NON -PAY ITEM - PRE -CONSTRUCTION NEIGHBORHOOD MEETING ................ SP-36 84. NON -PAY ITEM - WASHED ROCK......................................................................... SP-37 85. NON -PAY ITEM - SAWCUT OF EXISTING CONCRETE ........................................ SP-37 86. NON -PAY ITEM - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES............................................................................................. SP-37 87. NON -PAY ITEM - TIE-IN INTO STORM DRAIN STRUCTURE... ............................. SP-38 88. NON -PAY ITEM - SPRINKLER HEAD ADJUSTMENT ............................................. SP-38 89. NON -PAY ITEM - FEE FOR STREET USE PERMITS AND RE -INSPECTIONS ..... SP-38 90. NON -PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE)........... SP-38 91. ..................... ........... NON -PAY ITEM - `GREEN' CEMENT POLICY ........................................................ SP-39 92, PAY ITEM - TRAFFIC CONTROL ......................................... ................... SP-40 04/15/08 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 2004 Capital Improvements Projects, Contract 53 — Reconstruction of College Avenue, Lipscomb St., Orange St. and Wayside Ave. TPW Project No. C200 541200 2094000455 Water Project No. P253 541200 6091700455 Sewer Project No. P258 541200 7091700455 Doe No. 5411 City Project No. 00455 SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Reconstruction of College Avenue (Page Street to Capps Street), Orange Street (Stanley Avenue to Townsend Drive), Lipscomb Street (W. Capps Street to W. Berry Street), Wayside (N. Dead End to W. Cantey Street) 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 Engineering Department 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. 04/15/08 SP-4 .. ow ow ftw aw ow 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 no sheets from the contract documents 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 as appropriate and as determined by the Director of the -r Engineering Department. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the sm Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. -- 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: 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 prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. 04/15/08 SP-5 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 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration 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 Waste Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of •• the project at all times. 04/15/08 SP-6 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.) 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 Engineering Department. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall am 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. 04/15/08 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 am Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 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) UW 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 04/15/08 SP-8 actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to .. demonstrate "good faith effort", shall result in a bid being rendered non -responsive to specifications. ,., Contractor shall provide copies of subcontracts or co -signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or .� currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non- responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3 Submit a REQUEST FOR APPROVAL OF CHAtirF F:nRnn if 4hc t ^r%4rn^+^r desires to change or delete any of the M/WBl Justification for change may be granted for the f 04/15/08 SP-9 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 construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the 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 04/ 15108 SP-10 r. ■m on am aw IVA am No IM .w r .. .. am ., activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage .., period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and - (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. .. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: _. (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 04/15/08 SP-11 L IM (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; am (4) obtain form each other person with whom it contracts, and provide to the Contractor: no (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; (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 No providing services. j. By signing this contract or providing or causing to be provided a certificate of •' coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self -insured, with the .. commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. r, 04/15/08 SP-12 .. No k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. .. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas 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, 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'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 512-463-3642 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". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the - Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub -section as related to "substitutions" shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right- 04/15/08 SP-13 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 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 Engineering Department and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. .. Im No .. M am .. .. 04/15/08 SP-14 No am 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. - Construction signing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material_ Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. r 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as 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. 04/15/08 SP-15 bw w F (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, 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.n (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. Ilk 04/15/08 SP-16 r. .w i rr 4 an .. M r w 36. RIGHT TO AUDIT: no (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 workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, _ that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES; The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway the approval of the engineer the Contractor may re -locate proposed new driveway: walks around existing trees to minimize damage to trees. Un 04/15/08 SP-17 Or FOR CONSTRUCTION: Time is of the essence in th n order to insure that the Contractor is responsive whe 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: 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 r, and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as ow "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 y OZONE FORMATION. 04/15/08 SP-18 .. .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been �. designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. CONSTRUCTION 41. PAY ITEM - UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and •• shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM - 6" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage, the following policy will apply: (1) When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed. 04/15/08 SP-19 (2) If the crack is due to distress (structural), the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43. PAY ITEM - SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-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 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 Coming Corporation, Midland, MI 48686- 0994, or an approved equal. 04/15/08 SP-20 Self -Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin -Over Time, minutes max. 60 **** Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED - ASTM D 412, Die Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 -� (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw -cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail' sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail' sheet or as directed by the Engineer within 12 hours of -� the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch 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. ,„04/15/08 SP-21 am 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw -cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow -tube shall fir into the saw -cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, IIIIIIIIIIE 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. 04/15/08 SP-22 am ow aw aw UN aw r No no w When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown -out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If UW 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. No 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 temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. .. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. MW The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack -free. w 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. 04/15/08 SP-23 r 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot (L.F.) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of 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 placing retaining walls in locations and at heights 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. 04/15/08 SP-24 .. .. .. .. .. No .. ■M .. 47. PAY ITEM - HMAC TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the Engineer. Wo 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 responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the .• minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which _ shall be total compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems -is the vertical depth as "' measured from the top of the existing ground to the bottom of the pipe. 50. PAY ITEM - 8" THICK LIME STABILIZED SUBGRADE R CEMENT FOR SUBGRADE no 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. Im The price bid per square yard for W THICK LIME STABILIZED SUBGRADE" as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the worts. The price bid per ton for "LIME FOR SUBGRADE STABILIZATION" as shown in the Proposal will be full payment for materials necessary to complete th . RM 04/15/08 SP-25 51. PAY ITEM - 6" H.M.A.C. PAVEMENT (Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course placed in one lift. All provisions of Standard Specification No. 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 % of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot -mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre -Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" 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. 04/15/08 SP-26 After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. r 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 aw 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. so 55. PAY ITEM — REMOVE EXISTING CURB INLET: 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 shown in the Proposal will be full payment for materials inclu and incidentals necessary to complete the work. 04/15/08 SP-27 57. PAY ITEM — REMOVE AND CONSTRUCT CONCRETE STEPS: i� See Standard Specification Item No. 516, "Concrete Steps" for specifications governing this item as well as details SM-3. The price bid per each for "REMOVE CONCRETE STEPS" and "CONSTRUCT CONCRETE STEPS" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 58. PAY ITEM — 4' STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP: All applicable provisions of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division, TPW (Phone 817-392-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry -shake type, and shall be used in accordance with manufacturers instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." 59. PAY ITEM — REMOVE AND REPLACE FENCE: This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. .o rr No .. r r r 04/15/08 SP-28 r V" r 60. PAY ITEM — STANDARD 7" CURB AND 18" GUTTER: All provisions of Standard Specification No. 502 'Concrete Curb and Gutter' shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: wo 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. .. If the Contractor fails to backfill either in from of the gutter or behind 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. r 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. r 61. PAY ITEM — REMOVE AND RECONSTRUCT MAILBOXES / MISCELLANEOUS: This item includes the removal and reconstruction of existing mailboxes, brick walls, flowerbed trim and miscellaneous items within 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 VM 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. MW 63. PAY ITEM — CEMENT STABILZATION: All applicable provisions of Item 214, `Portland Cement Treatr 64. PAY ITEM — CEMENT: r. All applicable provisions of Item 214, `Portland Cement Treatr 04/15/08 SP-29 65. PAY ITEM — NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all. shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. ftw 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 .o at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds a' 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. 04/15/08 SP-30 No ow aw 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.htmi. 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 ow www.dfwstormwater.com/runoff.htmi. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or .. greater than 5 acres, the Contractor shall sign at the pre -construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $100 application fee. The NOI shall be mailed to: .� Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Im Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 Im 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 .. 04/15/08 ow SP-31 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be him 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 No 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. `o 04/15/08 SP-32 69. PRE BID ITEM - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times .. on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the -� lettering shall be in accordance with the enclosed detail. The sign shall be constructed of %" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of .. construction. The work, which includes the painting of the signs, installing and removing the signs, �, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. No The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70. PRE BID ITEM - UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to .. the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 71. PRE BID ITEM - TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on -site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 04/15/08 wo SP-33 72. PRE BID ITEM - ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 73. PRE BID ITEM - MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No. 450 shall apply except as follows: Included as part of this pay item shall be the application of a cold -applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. 74. PRE BID ITEM - ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.1' 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 It 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 04/15/08 SP-34 r ow .. %M va No .. MW No .. .. No V. _ 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 .w shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 78. NON -PAY ITEM - CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry -shake hardener •• manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting .,, the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non -Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 79. NON -PAY ITEM - PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is .. necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris •. • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property .. If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. r. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80. NON -PAY ITEM - PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre -construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. MW 04/15/08 SP-35 81. NON -PAY ITEM - NOTIFICATION OF RESIDENTS: aw In order to cut down on the number of complaints from residents due to the dust generated when saw -cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw -cutting joints during the construction of paving "' projects. All costs involved with providing such written notice shall be considered subsidiary to this .. contract. 82. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: .. Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the `pre -construction notification' flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed .. to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 817- 392-8306. All work involved with the pre -construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 83. NON -PAY ITEM — PRE -CONSTRUCTION NEIGHBORHOOD MEETING: After the pre -construction conference has been held but before- construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood .. meeting within the two weeks following the pre -construction conference but in no case will construction be allowed to begin until this meeting is held. Wo aw 04/15/08 SP-36 84. NON -PAY ITEM - WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-10 -� 1 /2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131. 85. NON -PAY ITEM - SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. _ The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 86. NON PAY ITEM - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process -� commences for a particular street. The Contractor shall attempt to include the construction engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. r It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day) the _ Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number AT&T 817-338-6275 TXU 1-800-233-2133 ATMOS Energy 817-215-0366 -� Dig TESS 880- 344-8377 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. 04/15/08 SP-37 The Contractor shall be responsible for all materials, equipment and labor to perform a most no 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 -into the storm drain structure shall be subsidiary to the bid price for the respective lines. No 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 No 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. IM 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. .. MW 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 .o 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 to direct the CONTRACTOR to provide temporary .0 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 IM control features on the project. The Engineer will limit the area of preparing right-of-way, 04/15/08 SP-38 so No 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 r constructed in a manner that will minimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the ` muddying of a -stream. 4. All waterways shall be cleared as soon as practicable of false work, piling, wo debris or other obstructions placed during construction operations that are not part of the finished work. no 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations .o so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil -erosion -control work and his plan to keep the area of erodible -earth material to a minimum. He shall also submit for acceptance his proposed method of soil -erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil -erosion control schedules and methods of operations have been reviewed and approved by the Engineer. r 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 'GREEN' CEMENT POLICY: As mandated by Fort Worth City Council Resalutt all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from arty tlaln that does not produce an excess of 1.71b of' NOx emissions per. _ton of clinker - produced.` Ali related costs for complying with the `Green' .Cement_ Policy shall be am 04/15/08 SP-39 wo W considered subsidiary to the applicable project pay items. This policy shall also apply to alb cement products including concrete; and concrete products. �' The contractor shall complete and submit, the 'Green` Cement PolicyCompliance Statement (included in the contract documents) at the time of bid opening of the project, Failure.to .w comply with the 'Green' Cement policy. shall be grounds for rejecting the bid ass'lhop- responsive. r. During the term of the contract if cement meeting the above requirement I is not available, and where cement from a non -compliant source must be utilized, the contractor shall furnish good faith effort documentation in form of letters from two "North Texas cement .. manufacturers of `Green' Cement stating that no stock of `green' cement is available forthe contractor at that time. These letters shall be considered valid for a maximum of one week after which new letters must be submittedIo ;the Project. Inspector, if 'green' cement continues to remain unavailable. 92. PAY ITEM - TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit"' prior to starting work. Unless otherwise included as a partof the Construction; documents, the Contractor shall submifa traffic control plan (duly sealed' signed and dated by a Registered Professional Engineer in the state-bf Texas), to the City Traffic; Engineer (Tel (817)3927877b ator before the preconstruction conference: Although work wW not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued to the"Contractor` The traffic control plan shall be consistent with the provisions set forth in the uLatest 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,H codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos 27, 29, 30 and 31 The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) 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 lump sun pay item for traffic control shall cover design, and f or installation and maintenance of the traffic control plans, "' 04/15/08 SP-40 .. O (To be printed on Contractor's Letterhead) Date: DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street : days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 04/15/08 SP-41 .. PART E SECTION E SPECIFICATIONS SECTION E100 - MATERIAL SPECIFICATIONS SECTION E-1-18A - REINFORCED PLASTIC WATER METER BOXES 240C 5-6.OH Wdoc SECTION E SPECIFICATIONS (January 1, 1978) All materials, construction methods and procedures used in this project shall conform to Sections E1, E2, and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet.) Sections E1, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX in E1 MATERIAL SPECIFICATIONS 0 E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981, follow: E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. values as follows:) C. Additional backfili requirements when approved for use in streets: 1. Type 'B' Backfill (c) Maximum plastic index (PI) shall be 8. ,* 2. Type 'C' Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by jetting. (b) Material meeting requirements and having a PI of 9 or more shall be considered for use only with mechanical compaction. E2-2.11 Trench Backfill: (Correct Minimum compaction requirement wherever it appears in this section to 95% Proctor density except for paragraph a.1. where the "95% go modified Proctor density" shall remain unchanged.) ME No 2006151 Specs_Par1E1-07-04.doc E - 1 t SECTION E100 — MATERIAL SPECIFICATIONS MATERIAL SPECIFICATIONS January 1,1978 (Added 5113190) E100-4 WATERTIGHT MANHOLE INSERTS E100-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the Fort Worth sanitary sewer collection system. E100-4.2 MATERIALS AND DESIGN: a. The manhole insert shall be of corrosion -proof high density polyethelene that meets or exceeds the requirements of ASTM D1248, Category 5, Type III. b. The minimum thickness of the manhole insert shall be 1/8". C. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprene rubber and meet the requirement of ASTM D1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide woven polypropylene or nylon webbing, with the ends treated to prevent unraveling. Stainless steel hardware shall be used to securely attach strap to the insert. e. The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. E 100-4.3 INSTALLATION: a. The manhole frame shall be cleaned of all dirt and debris before placing the manhole insert on the rim. b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. 20M151_Specs_Par1E1-07-04.doc E - 2 -11 SECTION E-1-18A — REINFORCED PLASTIC WATER METER BOXES (Revised March 27, 2003) E1.18A.1 SCOPE: This specification covers three types of water meter boxes, Type A and B; and Type C. El. 1 8A. 1. 1 Class A Standard Meter Box: utilizing 5/8" x %", %" and 1" meters. E1.18A.1.2 Class B Standard Meter Box: utilizing 1-%" and 2" meters E1.18A.1.3 Class C Standard Meter Box: utilizing two 5/8" x 3/" or 3/" meters. Intended for use with services Intended for use with services Intended for use with services E1.18A.2 CONSTRUCTION: Reinforced plastic water meter boxes and iron cover lids under this specification will include three specific sizes of a rectangular shape. Those three sizes will be referred to as: CLASS 'A', 11" X 18" BOX, 12" HIGH CLASS 'B', 15.25 X 27" BOX, 12" HIGH CLASS 'C', 18" X 16' BOX, 12" HIGH E1.18A.3. REINFORCED PLASTIC METER BOX SPECIFICATION The meter box shall be constructed of Linear Medium Density Polyethylene (LMDPE) as defined in ASTM D-883-95A and have a minimum wall thickness of .500". The exterior shall be black to provide UV protection. Boxes shall be able to withstand a minimum 15,000 pounds vertical load and shall withstand a minimum 400 pounds sidewall load. The meter box exterior shall be free from seams or parting lines and all edges and corners are to be smooth and free from sharp edges so the unit can be handled safely without gloves. E1.18A.4. IRON METER BOX LID SPECIFICATION The meter box lids are to be made of cast iron according to ASTM A48-84, Class 35B or ductile iron according to ASTM A-536. The lids shall withstand a minimum vertical load of 15,000 pounds. Castings are coated with a bituminous emulsified asphalt unless otherwise specified, ground smooth, and cleaned with shot blasting, to get a uniform quality free from strength defects and distortions. Dimensions shall be within industry standards of plus or minus (+/-) one -sixteenth of an inch per foot. All castings will bear the Manufacturer's IS (name or logo) and Country of Origin. Castings weights may vary plus or minus (+/-) five percent from drawing weight per industry standards. Im E-3 to PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW VENDOR COMPLIANCE TO STATE LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND NOTICE The blank spaces in the Certificate of Insurance; Performance, Payment, and Maintenance Bonds; and Contract are not to be filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with such forms which the successful Bidder will be required to execute. 2-TOC SS-08 Wdoc CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTII Date.: 1 1-4-08 NAME OF PROJECT: Street Reconstruction, Water and Sanitary Sewer Replacement on Colleee Avenue, Oranne Street, Lipscomb Street and Wayside Avenue (Proiect No. 00455) PROJECT NUMBER: C200-2094000455/P253-60917Q0455/P258-7091700455 IS TO CERTIFY THAT: Texas United Excavators, LLC. 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 TN.r,TTRAN('F Policy Effective Expires Limits of Liability Worker's Compensation SRZ1798408 10 11 0 Comprehensive General Bodily Injury: Liability Insurance (Public DGL 1000 3 02 7/6/08 7/6/09 Ea. Occurrence: $., 000.00 Liability) Property Damage: Ea. Occurrence: $ Blasting Ea Occurrence: $ Collapse of Building or structures adjacent to DCLI000302 7/6/08 7/6/09 Ea. Occurrence: $__I_,_0.00� excavations Damage to Underground Utilities DGLI 000302 7/6/08 Ea. Occurrence: S I , 000 Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea. Person: $ 048859500 7/6/08 7/6/09 Ea. Occurrence,.$ 1,000, Property Damage: Ea. Occurrence: $ Bodily Injury: Contractual Liability Ea. Occurrence: $ 1 000, DGLI000302 7/6/08 7/6/04 , Property Damage: Ea. Occurrence: $ Other Umbrella , 5,000,000 Locations covered: All Locations Description of operations covered: Al l_ -Olie. r-a L i on s 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 politics contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. 000 30 at 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. IBC Insurance Agency Interstate Fire &Casualty, Allstate Ins. Agency Insurance Company: c�rv1/ Y io C ual ty r Fort Worth Aecnt By_, 1la rk nh ; Address 5300 ldalzem Rd. #200 Title Agent San Antonio, Tx 78218 M M CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date_ NAME OF PROJECT: Street Reconstruction, Water and Sanitary Sewer Replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue (Project No. 00455) PROJECT NUMBER: C200-2094000455/P253-6091700455/P258-7091700455 IS TO CERTIFY THAT: Texas United Excavators, LLC. 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 iNSIJRANCF Policy Effective Expires Limits of Liabili 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: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies .. excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. Agency Insurance Company: Fort Worth Agent By Address Title a. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW v 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.5411 and City of Fort Worth Project No. C200- 2094000455/P253-6091700455/P258-7091700455. CONTRACTOR Texas United Excavators LLC. By. Name: Lt ti H 1011a Tt Title: Date: ��I•SlG7 i STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Texas United Excavators, LLC. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this hS day of AL2 20 r— I A A �—c 1-A ' '--' 1. t r i � Re. . DIWLYNNCOWNS Notary Pu lic in and for the State of Texas MY COMMISSION EXPIRES 0krwwy 31, 2013 c_� VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. The law that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an mount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principle place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident vendors in (give state), or principal place of business, are not required to underbid resident bidders. Our principal place of business or corporate offices are in the State of Texas. BIDDER: TE)w 0.4o G K[17 iil� ?Sf L c By: Company (please print) Ojikey iIJA't Signature: ri a 1296 —(got) Title: t 'City State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION OEM do aw 2006151 Specs_PartF_Peges15.doc so F-4 EXPERIENCE RECORD List of Projects your Organization has successfully completed: AMOUNT OF CONTRACT TYPE OF WORK DATE ACCEPTED NAME AND ADDRESS OF AWARD OWNER List of Projects your Organization is now engaged in completing: AMOUNT OF CONTRACT AWARD TYPE OF WORK ANTICIPATED DATE OF COMPLETION NAME AND ADDRESS OF OWNER List Surety Bonds in force on above incomplete work: DATE OF CONTRACT AWARD TYPE OF WORK BOND AMOUNT OF BOND NAME AND ADDRESS OF SURETY 2006151_Speos_PartF Pagest-5.doc F - 5 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT Bond No. 929448633 KNOW ALL BY THESE PRESENTS: That we (1) Texas United Excavators, LLC, as Principal herein, and (2)Continental Casualty Company corporation organized under the laws of the State of (3) Illinois , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of: _ Two Million Two Hundred Twenty-one Thousand Nine Hundred Two and 75/100............................................ ($2,221,902.75) 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 — of 2008 a copy of which is attached hereto and made a part hereof, for the construction of - Street Reconstruction, Water and Sanitary Sewer Replacement on College Avenue, OranL-e Street, Lipscomb Street and Wayside Avenue (Proiect No. 00455) 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. � 1 PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Governnnent 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. JAN 13 Z009 SIGNED and SEALED this of .2008. .r ATTEST: M am M M M r (Principal) Secretary (SEAL) ATTEST: n (Surety) Secretary (SEAL --, r.. s v N, Witness as to Surety 12700 Park Central Dr., 17th Floor, Dallas, TX 75251 (Address) Texas Unit d Excavators. LLC. PRINCIP L (4) BY: l Title: 717-::??C< I bF N 7- 1451 Halsey Way Carrollton, TX 70511 (Address) CONTINENTAL CASUALTY COMPANY Surety BY: (Attorney -in -fact) (5 Michele Degnon 600 N Pearl St #1700, Dallas, TX 75201 (Address) NOTE: Date of Bond must not be 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. PAYMENT BOND THE STATE OF TEXAS Bond No. 929448633 .. § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Texas United Excavators, LLC., as Principal herein, and (2)Continental Casualty Company a corporation organized and existing under the laws of the State of (3) Illinois , 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 Two Million Two Hundred Twenty-one Thousand Nine Hundred Two and 75/100............................................ Dollars ($2,221,902.75) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the _day of , 2008, 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: Street Reconstruction, Water and Sanitary Sewer Replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue (Project No. 00455) 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 Goverment 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. wr i� SIGNED and SEALED this _ day of, 2008. E� ATTEST: (Principal)- Secretary i (S ) Witness as to Principal ATTEST: Secretary -tS4 A1) � u►.4fness, ps to Surety Texas United Excavators. LLC. PRINCI AL By: j 1,ij] D I . Name: lots 6 UC2, • ta Title: —j? FSI.bE N Address: 1451 Halsey Way Carrollton. TX 70511 CONTINENTAL CASUALTY COMPANY SURETY By: Name: Michele Degnon Attorney in Fact Address: 600 N Pearl St. #1700 Dallas, TX 75201 Telephone Number: (214) 220-5684 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. .. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. i 60 M THE STATE OF TEXAS COUNTY OF TARRANT MAINTENANCE BOND Bond No. 929448633 That Texas United Excavators, LLC. ("Contractor"), as principal, and Continental Casualty Company, a corporation organized under the laws of the State of Illinois , ("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 Two Million Two Hundred Twenty-one Thousand Nine Hundred Two and 751100. Dollars ($2,221,902.75), 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 2008, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Street Reconstruction, Water and Sanitary Sewer Replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue (Project No. 00455) the same being referred to herein and in said contract as the Work and being designated as project number(s) C200-2094000455/P253-6091700455/P258-7091700455 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 itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, no .. no WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this _ day of , A.D.2008. ATTEST: (S ) Secretary ATEST: {S E !� L) 1 ^� e'1. • ` ��" ' _ yr r1 rr Secretary MW am no r Title: 1(?15�t-Dt K t CONTINENTAL CASUALTY COMPANY Surety Nam'e.- Michele Degnon Title: Attorney -in -Fact' 600 N. Pearl St. #1700 Dallas TX 75201 Address rvwER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT M Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies' are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Kae Perdue, Michele Degnon, John D Fulkerson, Donnie D Doan, Tom P Ellis III, Debbie Smith, Individually Of Dallas, TX, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - d to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly Aidont4 as indicated, by the Boards of Directors of the corporations. J In Witness Whereo% the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 29th day of December, 2005. ®r.= Continental Casualty Company National Fire InsuranceCompany of Hartford American Casualty Company of Reading, Pennsylvania Michael Gengler Sen' r Vice President State of Illinois, County of Cook, ss: On this 29th day of December, 2005, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: "%at he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said 'instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. eeoeee000000eooe000eesa 'OFFICIAL SEAL' e e MARU K MSDOA e My Cooaritaioe 63!1 b70{ eeeeoeeeeoeeoeeeeeoeee� My Commission Expires March 15, 2009 Maria M. Medina Notary Public CERTIFICATE I, May A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations on the reverse hereof is still.in force. In testimony whereof I have hereunto subscnbed my name and affixed the seal of the said corporations this day of z 00 SEAL 7897 Iorm F6853-11/2001 Continental Casualty Company 0"1National Fire Insurance Company of Hartford *0W0R r� a American Casualty Company of Reading, Pennsylvania AILY 31. 1902 ! b Mary A- Rlbikai@ds Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article TX— execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice 1 President may, fioom time to time, appoint by written certificates attorneys -in -fad to act in behalf of the Company in the execution of policies of 1 insurance,I• i bonds, rmderhalangs and other obligatory instruments of IIlce nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company theresto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17°i day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article iX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed purcnant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI —Execution of Obligations and Appointment of Attorney -In -Fact Section 2. Appointment of Attorney -in -fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. ' Such att imeys4ri-fad, .subject to the limitations set forth in tbeirj respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the` seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney - in -fact. -This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a'day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affnted by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant` Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect 'to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF H 4RTFORD This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board` of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Auomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority, shallL have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attoraey-in-Fact- k This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17d, day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group- Vice Tosident and the seal of the6 Corporation may be affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Boa: d of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by fac$ir We to any certificate of any such Power, and any power or Certificate bearing such facsimile signature and seal shall be valid and binding, on the Any such power sot executed and sealed and certified by certificate so executed and seal shall with d Corporation. n. ` be valid and binding on the Corporation �'� to any bond or undertaking to which it is attached, continue to - IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact C N A Surety for information or to make a complaint at: C N A Surety 333 South Wabash Chicago, IL 60604 (312) 822 5000 Toll Free (877) 672 6115 Fax (312) 755-7276 You may contact the Texas Department of Insurance to obtain information on companies, coverages, right or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252 — 3439 Fax: (512) 475-1771 Web: http://wwwitdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.021(f), Government Code, and Section 53.202, Property Code, effective September 1, 2001. we THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the _ day of A.D., 2008, 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 11 "' 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, Texas United Excavators, LLC., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, �. the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Street Reconstruction, Water and Sanitary Sewer Replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue (Proiect No. 00455) 2. VW 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 .o within a period of 240 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 $630 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its off-, ers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful '� performance of the terms and stipulations of the Contract and for the payment to all claimants for labor Im and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the .. City Council of the City of Fort Worth. M ,. M 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be Two Million Two Hundred Twenty-one Thousand Nine Hundred Two and 75/100...............................................................................................................Dollars, ($2,221.902.75). 3 It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 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 8 counterparts with its corporate seal attached. '�IAM 3 ^n Done in Fort Worth, Texas, this the _ day of , A.D., 2008. no APPROVAL RECOMMENDED: DIRECTOR, DEPARTZNT OF TRANSPORTATION/PUBLIC WORKS ATTEST: Texas United Excavators, LLC. 1451 Halsey Way Carrollton, TX 70511 CONTRACTOR ,; . .. .. TITLE kpLa Q oc4v fy ADDRESS November 1960 Revised May 1986 Revised September 1992 .r CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER on &I A-�oN CITY SECRETARY (SEAL) Contrac 1-fliorization ) - 13-cDq Date APPROVED AS TO FORM AND LEGALITY: ,j v, -��, �- CjTyARY F(.WO, TX .■ APPENDIX A DETAILS 2-TOC_5608_Wdoc t JI i 1-1-7B 12 45' 3�) R 1 G.HT-O F WAY Roadway. 1'6"forClass A"Meter Box q, Meter Box w 1**2�forClassJB`Nleter Box �As shown on plans ✓ Copper Service Line NOTE:. -1. Qorp Cock'& I' Service Coupling -- Walk + Storm kG-as. Line Water Sewer Ir Main C4.)_-� Sanitary Sewer On Initial' Installation; No More Than One Splice Per, Copper Service -Line Will Be Allowed With No, -Splice Under Pavement, Service Line Installations Shall include A'Class "A" Or'Class "B" Meter Box As Applicable For The Size Service Intended. If Meter Box Is Not Insta)led At The Time Of Service Connection, A Strip Of blue Vinyl Tape At Least 3" Wide Andl10 MIL Thick Shall Be Fastened To The End OflThe Service And Ektended Through The .Backf i l l At The Meter Box, Locat ion. ' j UTILI-TIES SERYICE DETAIL F�,CURE I 2. 3: E1-17 Material 2-17 Construction e O t RATCRIAL LIST 314" or I" as applicable /Q - Standard Corporation Stop,,. (t1 - Standard Curb Stop G 90° Elbow. ti 1c - Meter Box and Meter to be installed by Other QO - Service Line j (E - Blue Vinyl Tape, 3" %glde, 6t1 above ground ! F - Area to be backfil1cd with sand WATER SERVICE DETAIL FIGURE 2 E1-17 Material >-1-� E2--1 f Constr- - n ■+ � ^^ ��^��� Pay i ng Or Other Surface Hateria aa'. .�- .,� a.. :� 'r".r •'. ,,1 :�yr70:••. k'I � �; !•i •-•O.;• t:"o••t;• �:^Q: ••:..`r� Roadway Base 1 1 1 i Valve Ope�at inq -Nut is .: J-Te Than 3' Below Pave- I ;` t Surface - Provide ens ion Stem To 1' Below 1 McKinley Iron and Steel Co.,. ''avement Surface. 1 No. YB5 three piece valve box i or equal. re` . ail Pertains to All Gate Valve �Le Va.lve Sizes 4" Thru 12" 7il Torque bolts prior to backf i l l . .., "lain _ .r TYPICAL GATE VALVE AND BOX, _ EXTENSION STEM DETAIL t FIGURE 3 f 1-ID Material -1-78 E 2-10 Construct ion 4 } s Concre .. Blocki Hai t Anchori ling fo t i on of �wvcrete P Diametc Larger ter Bury (1) !�Figure Im st ant yid With 1-It to imh .re 1 and a Bury scary . Graved y STA DARD FIRE HYDRANT DETAIL. E1--12 Mai FIGURE 5 E2-12 const (1 i' �r Plug I I:.Df•tf:P�, Q� I I 1 , - _ l lXl l 1• � HORIZONTAL BLOCKING TABLE 7 *Dimension "X" May Vary If Necessary To Provide Bearing Against Undisturbed Trench Wall NOTE: Bearing Areas shown are based on -1$0 -P. s.`l . G'tesf pressure a��000 P.S.F. soil bearing value. 9, p, B Cr Tee 1500## Concrete ��a ds t' = J �' i• - Bend "E"1�1500# Concrete ' /1 ' !' 11 • t t1 !1 • 1 IN Me 1 !1 11 • of NOTES: Minimum areas shown are in square feet. Volumes shown are in cubic yards. Vertical dimensions of all block bearing areas shall be identical to the horizontal dimension shown. 210 HORIZONTAL BLOCKING DETAIL r E-1-20 Material 1-i-78 FIGURE 0 E-2-20 Construction •s NOTE: Trench width: 1. Pipe 24" i.d. and smaller = 24" or �f Q� o.d. + 12" whichever is greater. - , \ ) 2. Pipe larger than 24" = o.d. of Pipe ,o' + 18" Cradle shall extend a min, of 6" beyond each side of pipe. 0'# 1. Co nc r e t 4b r l i Bell Bell Bend RUBBER GASKET JOINT M.J. - M. J. Bend ' Bell -Bell Bend —Z f e ir+ 1500 u Concrete r Keep a min. of 1'-0" clearance between conc. and joints or bol is on C. I . Pi pe. or in excess of 1'-0" as detailed. .r 1500# Concrete MECHANICAL JOINT -011 Ty 2'p. BELL AND SPIGOT JOINT CRADLE DETAIL FIGURE 10 Note: When cradle is shown or specified for installation on concrete pipe the full joint length of the pipe or fitting shall _b cradled. .. 1-1-78 E 1-20 Materials E 2-20 Construction Class "d" #4 steel B Keep concrete clear of pipe joints and bolts Wrap pipe with 15# roofing felt Form as necessary BENDS 900 450 221/2° 11 1/4° *Vol. Req'd. C.F. 39.99 21.64 11.03 5.54 A Ft. 2.50 1.42 1.0 0.75 6 B Ft. 4.0 3.88 3.36 2.75 -� C Ft. 4.0 3.88 3.36 2.75 *Vol. Req'd. C.F. 71.09 38.47 19.61 9.85 �- A Ft. 2.83 1.67 1.5 1.0 8 B Ft. 5.0 4.8 3.66 3.2 •� C Ft. 5.0 4.8 3.66 3.2 *Vol. Req'd. C.F. U L U 60.11 30.65 15.40 A Ft. 3.25 1.92 1.75 1.5 10 B Ft. 5.9 5.6 4.25 3.25 C Ft. 5.9 5.6 4.25 3.25 z *Vol. Req'd. C.F. 159.94 86.56 44.13 22.17 a: A Ft. 4.17 2.42 1.42 1.25 a 12 B Ft. 6.2 6.0 5.54 4.2 C Ft. 6.2 6.0 5.54 4.2 *Volume calculated on the basis of concrete reacting thrust on the respective bends under an internal pressure of 150 psig at the rate of 150 lb. wt_ per cu. ft. of concrete. VERTICAL 1-1-78 EXAMPLE TIE -DOWN FIGURE A BLOCK DETAIL I E1-20 Material E2-20 Construction .. 1W NOTE., Quantities will be specified on plans or directed by Engi- neer. Grout over exposed steel straps . s #4 Bar Steel Straps IIn variable quantity c depending on thrust. Keep concrete clear of pipe joints and bolts s—Form as Necessary 5-.2500_ concrete #4 bars both ways 6" c/ c EXAMPLE B VERTICAL TIE -DOWN BLOCK FIGURE I2 EI-20 Material -1--78 E2-20 Construction I Keep Concrete Clear of Pipe Joints and Bolts !P #4 Steel Bar Straps in variable quantity' depend- ing on thrust. -Provide Forming as Necessary 2500!"t Concrete #4 Bars Both Ways 6" c/c NOTE: Quantities will be specified on detail plans or directed by the Engineer EXAMPLE C VERTICAL TIE -DOWN BLOCK FIGURE 13 1-1-78 E 1-20 Iaterial E 2-20 Construction r:P Existing surface 1W ,a 0 !No 0 1 t 10 gig;•-' ,}:?,•� • ' t�� '•�* �. • •% •,, V` ckfill as specified J H 1D 611 min. dimension. 61' max. for pay purposes when bid per cubic yard. O611 min. dimension. Max. for pay purposes shall be 611 on main 24" and smaller, 9i1 on mains 30" and larger, when bid per cubic yard. (3 411 min. dimension. 411 max. for pay purposes when bid per cubic yard. 4� Class "E11 1500,E concrete. Concrete encasement shall stop 11 either side of joint, and when' encasing concrete pressure pipe, full lengths of •pipe shall be encased, joints excluded. CONCRETE ENCASEMENT DETAIL. 1-1-78 FIGURE 2 0 E 1'7' Material Q, E 2-7 Construction A f FYlctinn Utrfxc ;ewer Line Ql Variable trench width. Pipe length shall be measured as standard trench width, (Ref. E 2-2.16), plus four feet,(41). No joints will be allowed within this dimension. A minimum bearing of 24" shall be required on each side of the trench. O2 Sewer lines less than twelve inches (1211) in diameter shall be replaced with Class 150 cast Iron pipe or supported and encased by a reinforced concrete beam per' Figure 24. Sewer, service lines shall be replaced with extra strength cast iron ' soil pipe. �3 Tue joining of cast iron pipe to clay or concrete pipe shall be made with 4000# ' concrete collars per Figure 112, or with approved adaptors. The entire area excavated to accomplish the replacement shall be completely backfilled with crushed limestone and thoroughly compacted to.90% Proctor Modified Density. 0 The minimum clearance .of sewer to water lines shall be six inches SANITARY SEWER P.IPE REPLACEMENT DETAIL E 1-7 Materials /-l-78 FIGURE 23 -E 2-2 Construction ONo. 4 Bars, each way--,t- A f ---� Existing.surface Existing sewer line 11" Typ.. , i TYp • 6'�' Min . � .� 1, � 1 L _.i - I 12? c/c Typ. i I I • lift Typ.-, 311 Typ • ' 311 Typ. #6 gauge welded f 611 wire mesh, length of encasement minus 3" Outside diameter of bell' 1 fl �'� (, 1211 Typ• "--.4�-1 c/c Typ. Proposed Water Mai.. n 111'"'lSection "A11-"A11 A 10 Variable trench width. Class "B" 2500# reinforced concrete support beam and encasement length shall be measured as the standard trench width, (Ref. E 2-2,16), plus four feet (4'). A minimum bearing of 24" on undisturbed earth shall be required on each side of the trench. U2 Class "Bt1 2500# reinforced concrete shall be used in construction of a support beam and encasement for sewer lines twelve inches (1211) diameter and larger. Sewer lines less than twelve inches (1211) diameter, with exception of sewer service lines, shall be replaced by Class 150 cast iron or supported by aforementioned concrete encasement, per Note 2, Figure 23. The entire area excavated to accomplish the construction of concrete support beam and encasement shall be completely backfilled with crushed limestone and thoroughly compacted to 90% Proctor Modified Density. SANITARY SEWER PIPE TRENCH CROSSING DETAIL 1-1-78 FIGURE 24 'E 1-20 Materials E 2--20 Construction ..1 -`, NOTES: lO 6" blind flange tapped 2" with 2" brass plug. r' O2 125# pattern blind flange drilled and tapped ,r for 6" blind flange. 6" blind flange attached with -bronze bolts. Gaskets shall be full faced as otherwise required in E 2-4. �3 Lifting lugs shall be provided in quantities sufficient to loft and handle the flange as a balanced load. Q Attach the 125# pattern blind flange with steel bolts and bronze nuts then cover with cement grout after installation. O125# pattern flange, unless required otherwise. Flanges and blind flanges to be designed to withstand pressure rating of pipe. ® Wye branch to be one size larger „r than, but tapered to standard `I run normal diameter unless otherwise specified. Standard run diameter. w - - ,i it - c.I .. 45 ° STANDARD CLEANING WYE DETAIL �} Material Specificatio°i E 1-4 IConstruction Specificatio-- E 2--4 I FIGURE 28 1-1-78 qW I Rm When a fire hydrant is located at end of Mains 6" and 8" in diameter, wye may be omitted Contractor will make a reasonable effort to prevent back -flow of purged water (See E2-24) EXTEND PIPE RISER ABOVE GROUND LEVEL Polly -Pig" CAP -A•FTER DITCH HAS BEEN DEWATERED C 2. Closure on A-C pipe will require "Ring -Tight" to plain end adapter in addition to MJ Wye 3. Block Wye streight run end plug 4. After cleaning with "Polly -Pig" install branch end plug. CLEANING WYE DETAIL FOR NON -LOOPED 'SYSTEM 12" AND UNDER FIGURE 29 El-] Material -t-78 E2-7 Construction Pmz) i 67'�ycpoer) PMS.288 (Blue) I * 8 o _2 OKT'� .4 .j i 'Q1 44 It w Ra Es , 4i. —White 4 3.75 33 .75 --now. N /3" -Radius S c a I e I I constructi.on 3/4" LETTERING (RECESSED FLUSH) 11 1 /8" [283mm]—'r4 COVER SECTION 12 7/8" [327mm 1. 7/8" 11 3/8 t 8mm] [289mm]-1• 9 7/8". 120 [251 mm — [305mm] 15 ` 3,/8"18 3/8"[391 mm [467mm BOX SECTION 1s" • [457 m m 2 1/8" 7c58/mlm6l 1 3/4" [54mm [44mm] 5/16" COVER SECTION [8mm] 2o" - [508mm 18 1./4" 16 3/4" [425mmr"" ; I---�-- 21" [533mm [610mm BOX SECTION. FORT WORTH LOGO IS OPTIONAL Revised 3/21/2003 CITY OF FORT WORDI WATER OEPARTMEt�,l 1000 THROCKMORTON IS FORT WORTH, TX 7610 817-871-824.0 j FAX: 817-871-8195 CLASS 'A' STANi)ARD PLASTIC METER BOX WITH CAST IRON LID FOR 3/4" & 1" METER$ SCALE AS SHOWN 111 / 1 Ir111 11 11r11�11111113WWI 11 h1`I, Iyl � ►'Irk 1'Id ►`{ ��'` 1'Iil +I'1"1�1�1 �1 �I1 11' • I i'1��'1 1'I"11{h1'1�1'1�1'11/1 I1'1'1'1'1���11�1'I�I`I b1"!}IIy1'11`Iz1�11}IY� �1'1(1`!�1'1'1}II�Iy11>Iy� 1 1/2' PLAN VIEW [R36mm] 26 3/4' [679mm] I _ 7J if4' [337mm] [737mm] I 1 3f4' 1 � [4.1mm] COVER SECTION . 4L 5f 1°3 (6mm] 30 [762mm] BOX SECTION 1e' [457mm] 15 7/16' [392mm] BOX SECTION FORT WORTH LOGO IS 'OPTIONAL mm] im] Revised •3/21 /2001-15 CITY OF FORT WORTH WATER DEPARTMENT 1000 THROCKMORTON t FORT WORTH, 'TX 76110 817-871-824-0 14 FAX: 817--871--519E> CLASS 'B` ' STANDARD PLASTIC METER BOX WITH } CAST IRON LID FOR 1-1/2" & 2"� METERS 'SCALE AS SHOWN 5/8' [16mr 2' [R51mm] 2 1 /8" [54mm; 3/8' [10mm COVER SECTION 16 1/2' [419 mml— . I 14 1%2' 18 3/8' [368mm] [432mm] [467mm] t s CES MERING COVER SECTION it ale +, [21d�mm s BOX. SECTION 5/16" 1 1/2' II [8mm] [38mm] Ju5/18' • LBmm] 18 7/8' [478mm [38mm] BOX SECTION FORT WORTH LOGO IS OPT16NAL Revised 3/21 /200,3 CITY OF FORT WORTH WATER DEPARTMENT 1000 THROCKMORTON S'� FORT WORTH, TX 75102 817-871--8240 r0V• P1-7 Q_71 _. 01 nr CLASS 'C' `STANDARD PLASTIC METER BOX WITH CAST IRON LID FOR 2-3/4 " METERS SCALE AS SHOWN 4.y uoponlnsuo3 ill-Z3 lepaleW i71-13 LAloj s ytre�a.r�) -'Tof11jVPW aeYa-o1Yt�Y,,5* i/- d saJor ..o ..sfPjs .�.J�d y�»►iro'�zt' vaa4;,6�� t�o��Ji,•.�puo,� ,r�..o� ?'%9.,0' aye ..tq pa,Zev6vsap a�?�9 B oz .•a�-�eilruo.� �aMa,4 f� lI C, o•/ � "o / aJoyuew pre 6t.,�.re.� aq dew `Jen6a .moo `BLS. J `YYl �i•� o� fsi�ea✓ofcrdJ `s6ti» _ ape...6 aka✓.��'oJ paJ�o�u�a.i MA ON l.4 uo onl3suoa ft t-Z3 tats:;�IeW t7t-13 .Yam acid o� pvaJxa .. � •ys �t��s✓sJ t s! 32117012 . ,�l u g: �e �?.d pa�aa�uoa ���-"' h►'rAzr Qiy t i t i Olin 7�royvAw psa,�r!,a� (jnnba E pa�o�dabro�a�y-cv�/)�t�vas i„ �u�ol �i. js�un��g'�curo�aro sn�oiZ wnwiuihj t..V ilia �t ny `\ to . 1 Nor 1 1 T Existing surface Backfill as specified ,r �, t r m ' , • � � � • . � ,�• mot.;, �•o• ..i¢ lD 6" min. dimension. 6" max. for pay purposes when bid per cubic yard. 0 6" min. dimension. Max. for pay purposes shall be 6" on mains 24" and smaller, 9" on mains 30" and' larger, when bid per cubic yard. 0 4" min. dimension. 4" max. for pay purposes when bid per cubic yard. Q4 Cla"ss "E" 1500# concrete. CONCRETE ENCASEMENT DETAIL FIGURE � 3 E 1-7 Material 1-1_78 E 2-7 Construction MA N1 NP c"' °' a V, or 3/4 Roadway 6"d .•; I - Standard • �� Curb E Gutter 1} y L 21-611- •i I / (D > z 3, tali, I ' Dl 3•1rL i Roadway 1 _:. Mi n. �Watert i ght'P l ug s� 2- Grade ,ncServicl �Line,Min. / �I f C. I . Mi n. Grade 1% TYPICAL SECTION Note: Embedment and backfill as requ i red* for adjacent sewer main shall be included in the price bid per sewer service complete in place. Standard Cur Gutter Secti n Service Lli ne ( 1 } Seder service line location `--/ t:o be marked with red vinyl tape at least 3" wide and to mil thick attached to NOTE: the end of the service and Tees Will Be Used On Ali Service extending through the back — Lines Constructed At Same Time As fill at the point of house Public Sewer. service connection behind the proposed curb. SERVICE LINE DETAILS FIGURE 115 EI-9 Material E2-9 Construction ET IP T . a - r 0 4.0' .. cu . 8-f4 REBARS TYP. r 3" TYP_ `'- USE 3000f CLASS �, \ - ,� A CONCRETE. - - • CONC. COLLAR HEIGHT VARIES 3/4" CHAMFER TYP- CASE ! - To.COLLAR SHALL EXTEND TO TO.p OF 2- 27 CONCRETE SECTION A (REBAR' RE©. J CASE 2 V-oCOLLxR SHALL EXTEND 3' BELOW BOTTOX OF L ohEST GRADE RING (REBAR REG. ) HEIGHT VARIES FIGURE .121 CONCRETE MANHOLE COLLAR DETAIL E1720. 21 MATERIAL E2-20.21 CONSTRUCTION 3/05193 F ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION EXISTING CURB XISTING CURB & GUTTER NEW HMAC SURFACE & CUTTER (2" MIN.) WI;DOF. MILL 5 1' CC T WEDGE MILL 5 FEET . � FOR 2110DV,ERLAY � For. OVERLAY \\\ •, EXISTING HMAC \ \ .• ..' • XISTINC .BASE (1F ANY) NOTES 121 . DITCH WALL , 1, MATCH EXISTING HMAC PAVEMENT 2. PLACE II" OF 2:27 CONCRETE AS SHOWN. 3. WEDGE MILL 5 FEET (2" DEEP AT THE LIP OF THE CUTTER TO 0") PRIOR TO RESURFACING AS SHOWN. RESURFACE WITH A MINIMUM 2" OF TYPE D HMAC. ' .4, IF EXISTING BASE IS CONCRETE, USE REINFORCED CONCRETE, AND PROPERLY TIE IN. j 5, FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES IN \ DOWNTOWN STREETS, AND OPTIONAL IN OTHER AREAS. BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE ' STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH PIPE TYPICAL SECTION - TRENCH REPAIR HMAC PAVEMENT RECOMMENDED* BY: _ DATE: abs— I a1 FORTWORTH APPROVED BY GEORGE A. BEHMANESH, .� �,` HUGO MALANGA ASSISTANT DIRECTOR, TPW v DIRECTOR, TPW CITY OF FORT WORTH, TEXAS Rev. TRANSPORTATION/PUBLIC WORKS ENGINEERING DIVISION DATE:-Z - 1 FIG 2000-1 IOTES .THE FOUR SIDES OF THE CUT SHALL IE NEATLY SAWED WITHOUT ROUGH :DGES :. ANY REMAINING PAVEMENT BETWEEN ;POT REPAIRS MUST BE A MINIMUM )F V IN ALL DIRECTIONS. ASPHALT PAVEMENT CURB & GUTTER SPOT REPAIR 5' MIN, S' MIN. 5' MIN. CURB & GUTTER TYPICAL 28' WIDE PAVEMENT :COMMENDED BY�—�- _„ DATE, Z o _ 70RGE A. BEHMANESH, 3SISTANT DIRECTOR, TPW Zev, FokTWOP,TH CITY OF FORT WORTH, TEXAS TRANSPORTATION/PUBLIC WORKS ENGINEERING' DIVISION APPROVED BY; HUGO MALANGA DIRECTOR, TPW ASPHALT 28' DATE: v L 61 FIG 2000-48 OTES j .THE FOUR SIDES OF THE CUT SHALL E NEATLY SAWED WITHOUT ROUGH DOES' . ANY REMAINING PAVEMENT BETWEEN I I a POT REPAIRS MUST BE A MiN1MUM 1P WIN ANY DIRECTION. Long Services Short Services — For area < 5% go to curb square off. Long Ser Short Ser Replace to edge of panel where the distance between cut and edge of For area < panel is < 5'. go to curb square. off. L t +- c +- c a - o - >— ace entire I from erIIne to' Asphalt Concrete AspnaiT uoncrere 7 Emergency repair. PAVEMENT > 10, YEARS PAVEMENT < 10 YEARS :OMMENDED BY> —L/LUATE L. �} L� ( FO RT o p,-Tj APPROVED BY! "`""�U%�TE INK CRUMB,DALE FISSELER, ;ISTANT DIRECTOR, WATER DEPT, DIRECTOR, WATER DEPT. WATEP, DEPARTMENT CITY OF FORT WORTH, TEXAS FIG 2000-4W )TES• 'ROVIDE ADEQUATE OVERLAP OF PLATE ON ?HALT TO ASSURE NO SLIPPAGE OF ATE AND NO COLLAPSING OF TRENCH F TRENCH LENGTH IS LESS THAN S-FEET ) STEEL PLATES WILL GE IN PLACE LESS AN 48 HOURS, STEEL PLATES MAY BE ACED DIRECTLY ON EXISTING ASPHALT WITHOUT LING. PROVIDE TEMPORARY ASPHALT ANSITIONS EXTENDING 3-FEET BEYOND EDGE STEEL PLATES. COLD MIX - :COMMENDED BY ?ORGE A. BEHMANESH, 3SISTANT DIRECTOR, TPW' e v. EXISTING M.H. OR VALVE AT .GRADE STEEL PLATE COLO MIX TYPE "A" MUST APPROVAL OF STANDARD DETAIL FOR -TRENCHING TYP "A„PiNc TYPE "a" PLATING DATE:21 SI 4 FORTWORTH APPROVED B`� r• ar.„ -' HUCO MALANCA DIRECTOR, TPW CITY OF FORT WORTH, TEXAS TRANSPORTATION/PUBLIC WORKS ENGINEERING DIVISION —I Fi If ' 1 �n TEEL PLATE. 'ITN .COLD DATE:J, FIG 2000.5 PROJECT DESIGNATION SIGN 11 PM -2 71 42)) WIADT-AMMIftr, Jr��""+' 411 61 '� 2 PMS - 167 3" 3" Project Title _ 311 2ND LINE IF NECESSARY 3 �� 12 Contractor: ,» 22'��Contractor's Names 2 72 12" Scheduled Completion Date 1» 12" Year 2 5" .." M FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO - PMS 167 LETTERING - PMS 288 BACKGROUND -WHITE BORDER -BLUE I" w MINIMUM 6" INITIAL: BACKALL COVER MINIMUM 6"- EMBEDMENT III. — TYPE "C" 13ACKALL SEE SPEC. E1-2.4 G.C.D. SAND MATERIAL EMBEDMENT do INITIAL BACKFILL SEE SPEC. El-2.3 G.C.D. WATER: SIZES UP TO AND INCLUDING 12" w Q MINIMUM INITIAL SACKALL COVER: WATER — 6" SEWER — 12' STORM DRAIN — 12" SAND GRADATION e LESS THAN 10% PASSING #200 SIEVE a P.I. — 10 OR LESS II- �a, o. MINIMUM 6 TYPE 'C" BACKALL SEE SPEC. E1-2.4 G.C.D. CRUSHED STONE OR SAND MATERIAL INITIAL BACKFILL SEE SPEC. 0-2.4(b) OR E11-2.3 G.C.D. EMBEDMENT -j 11= — — CRUSHED STONE II=1 I IEI 11=1 I I=1I1—I i i-1 I I: SEE SPEC. E1-2.3 G.C.D. i WATER: SIZES 16" AND LARGER SEWER: ALL SIZES STORM DRAIN: ALL SIZES • E L t MATERIAL SPECIFICATIONS = CRUSHED STONE GRADATION SIEVE SIZE RETAINED 1" 0-10 1/2" 40-75 3/8' 55-90 ,4 90-100 ;k8 95-100 - J THE EMBEDMENT AND BACKFILL DETAILS PROVIDED ON THIS SHEET SHALL REPLACE APPROPRIATE PROVISIONS OF BOTH THE E1-2.4(b) AND E1-2.3 OF THE G.C.D. AND STD. SPEC. < ITEM 402 OF THE TPW STANDARD SPECIFICATIONS FOR F STREET do STORM DRAIN CONSTRUCTION. ALL OTHER _ PROVISIONS OF THESE ITEMS SHALL APPLY. � WATER, SEWER & SPORM DRAIN ` I• EMBEDMENT AND BACKFILL DETAILS L CITY OF FORT WORTH —CONSTRUCTION STANDARD c FIGURE A DATE:2-19-02 I MECHANICAL JOINT SOLID SLEEVE EX/SrING PIPE - DIP WATER MAIN (PIPE SIZE VARIES) MECHANICAL JOINT SOLID SLEEVE 45' BEND 2'-0" PIPE O.D- 2'-0" (7YP) MIN. MIN.' -D(IP SEWER PIPE 11PIPE SIZE VARIES) 1 6" 6- 1 45* BEND > (Typ) \-VERTICAL TIE DOWN BLOCKING (TYP) -CONCRETE CRADLE (Typ) WATER LINE ADJUSTMENT DETAIL N. T. S. EXISTING PIPE , PROPOSED WATER �.... MAIN PROPOSED 1" COPPER SERVICE PROPOSED 1" METER BOX -PROPOSED J14 " SERVICE „ „ EXISTING J14 " SERVICE r NOTE.• CONTRACTOR TO CONNECT .. PROPOSED SERVICE LINE TO EXISTING SERVICE LINE AT RIGHT OF WAY _ r SERVICE CONNECTIONS �, N. T. S. COMPACTED BENTON/T E CLAY OR 2.27 CONCRET T CLA Y DAM PROFILE PIPE EXISTING GROUND COMPACTED BENTONITE CLAY z OR 2:27 CONCRETE e MINIMUM TRENCH WORTH = PIPE DIA + 1 ' CLAY DAM SECTTON CLAY DAM CONSTRUCTION NOT TO SCALE DUNAWAY ASSOCIATES, .:Inc. BNGINsm - PLANmm - SURMORS 1501 mmtR uc CIRCLE, SU1TE 100 FORT WORTH, ?EYdS 78107 PH.(917)335-1121 YSTR�((817)429-2135 FA%(817)336-7457 low "7u�b-';-99 w1 1 S- E.ri�r. Cd o cater S¢rviee Lr�?a shell 40 reQuir % C91s�P ¢1eP b'd ult (►ate/1�a �rete�e/irt gad,-& f4�dp� /o /7010&Se cr Q/d9 Caf4�ecPicrs-' �/-orn hy-�oSs - P77c;7ee 6Y Cd 7, eCYG /: 0 CITY WATEF DEPARTMENT FORT WORTH.' TEXAS CONCrf e • Y ' ,r - S1oY9c�P'� Frnt�h�d- � a6. i' i , s CITY- WATER DEPARTMENT FGR% WORTH,��+TEXAS as ' •O Od 12" MIN � 6" MIN TYPICAL NO7L.- A. WHEN MAKING CONNECTION TO SANITARY SEWR MAINS, USE A WYE CONNEC7ON_ THE CLEANOUT STACK INSTALLED SHALL BE OF THE SAME PIPE MATERIAL AS 774E MAIN UNLESS THE EXIS77NG MAIN IS CONCRETE. NO CONCRETE CLEANOUT STACKS SHALL BE INSTALLED. B. 774E SAN17ARY SEWER MAINLINE CLEANOUT SHALL BE CONSTRUCTCD IN SUCH A MANNER AS TO CLEAR EXISTING UTILITIES AND PROPOSED FACIL177ES SUCH AS STORM SEWER MAINS, PAVING, SIDEWALKS, RETAINING WALLS, ETC. C_ THE CLEANOUT STACK AND CAS77MG MAY BE PLACED IN THE PARKWAY AND IN VEHICLE TRAFFIC AREAS NECESSARY. D_ FOR COMMERICAL MAINLINE CLEANOUTS, USE CAST IRON CLEANOUT CASTINGS ONLY. E. REPLACE ALL SEWER SERVICES TO THE PROPERTY LINE. F. IN VEHICLE TRAFFIC AREAS, SANITARY SEWER CLEANOUT SHALL BE OF CAST IRON. SANITARY SEWER MAINLINE CLEANOUT N.T.S_ ww t i t NOrE: Provide t:rp. Joint Onty it .Connectiep To Esittinq Concrete Drive � n s. e yGCj WE P. JOtNr r r h 11-� H, S 7 D E O PARKWAY (USUAL) IJ 1 /0` l I'USUAL 4' FLAGGINC of 4'-O "o.e.---\ LW I A j L I X EXPANSION JOINT ,FLAGGING at '6'-0"o.e.— `--EXPANSION Jo/Nr--' (arapt slip form) EXPANSION JOINTS of � any direction change and .'00 MfAilnom: all expansion joints to be dowelled per concrete povement requirements TYPICAL CONSTRUCTION LAYOUT of CURB and GUTTER, SIDEWALK and DRIVEWAY .Showing Flagging And Ezpanslon. Joint Location Not to Scott iJ r REv. J • e7 Cl T Y of FORT_ WORTH, u F.T.R. W.R.M. RCVsSCO' 9/1r/6t JA N 1W.R M. DRAWING NO.S-MIOA fi 1 i a d 5 NO FLAGGIMS .N WHEELCHAIR RAMPS ■ w I" e NOTE: Gutter to be shaped / to conform with concrete valley (or pavement) Expansion Joints L-Expansion Joints 4 4� I o I Inforsecfing jValley / "or as directed by the engineer No a/B"OCBw r in. or equal to r�� -: _. :. _:. ' _.•�^ :•S : - %-'s.} adiacent poveawn► deptn. x 8'-0" Residential .Streets The 7" reinforced concrete valley shall replace the top 7" of the pavement with the remaining portion of pavement to be constructed including sub -grade treatment, in accordance with Inc typical paving section. The concrete valley will be governed according to city standards for concrete curb 8 gutter, The concrete shall be of washed and screened aggregate with a min. of five (5) socks of cement per cubic yora o/ concrete in place with o min llexurol strength of 550 pounds per square inch at seven days with center /oodinp Not to Scott TRANSITION SECTION - For Valleys Crossing Mdjor Streets DISTANCE FROM CROWN 4[ OF VIP NOTE: This is some Orating as C-1066-R 0 0.000, REVISED 7-64 EFW/WRM J 0.041' REVISED 9/28/87 J.A-H./W.R.M. 20. 0.206. ' CONCRETE VALLEY Addendum 3 362 d .1 - I 'I - 1'- i PROPERTY LINE 4" CONCRETE 6" #3 BARS COLLAR 12„ CONCRETE COLLAR (PLAN VIEW) **CITY OF FORT WORTH STANDARD CLEANOUT CAP (PVC OR CAST IRON) —COLD JOINT REQUIRED STANDARD PARKWAY Y4"/FT. CONCRETE ' ANCHOR `� ..',,• R SERYNCE w_V -�' FERNCO FLEXIBLE COUPLING REQUIRED IF EXISTING SERVICE 1' MI IS PRESENT, OTHERWISE PLUG. PRODUCT INFORMATION EXIST. OR PROP. 4' SIDEWALK DOUBLE BAND STAINLESS STEEL COUPLING BACKFILL CLEANOUT STACK WITH NATIVE TOPSOIL COMPACTED TO 95% STANDARD PROCTOR DENSITY 4" STACK (IRON OR PVC) TWO WAY CLEANOUT TEE 16" MIN. ** From Stanley Roberts & Assoc., Information Subject To Change. DESCRIPTION WEIGHT PART NO, Cast Iron Lateral Cleanout 18 ibs ATL-424 W/ SS Bolts and Coupling Plastic Sewer Lateral Cleanout 2.25 Ibs ATL-1524 W/ SS Bolts and Coupling X' SS BOLTS —� 0 RING PROPERTY LINE PVC CLEANOUT SIDEWALK 5" ORT WORT CURB STREET EVC CLEANOUT BOOT CLEANOUT NOTES i 1. THE SWEEP TEE AND PIPE FITTINGS INSTALLED SHALL BE SDR-35 OR SDR-26 PVC MATERIAL. $ 2. CONNECTIONS TO THE EXISTING SERVICE SHALL BE MADE USING RUBBER SLEEVE COUPLINGS WITH STAINLESS STEEL .• DOUBLE BAND REPAIR SLEEVES. THE SLEEVES SHALL BE TIGHTENED TO THE TORQUE RECOMMENDED BY THE MANUFACTURER. 3. SLOPE OF THE SANITARY SEWER SERVICE SHALL BE A MINIMUM OF 2 PERCENT. 4. IN HIGH TRAFFIC AREAS (STREETS, DRIVEWAYS, SIDEWALKS & WALKWAYS), SERVICE CLEANOUT STACK AND CAP SHALL BE CAST IRON. 5. IN NON —TRAFFIC AREAS, SERVICE I SWEEP TEE CLEANOUT STACK AND CAP SHALL BE PVC MATERIAL. 6. PIPE AND FITTINGS SHALL BE SDR-35 NCE, OR SDR-26 PVC WHEN NOT IN HIGH TRAFFIC AREAS. 7. CONCRETE USED AROUND CLEANOUT ASSEMBLY SHALL BE 5 SACK, 3,000 PSI ; SEWER MAIN MIX. I PROPERTY LINE I---- DRIVEWAY — I — — — I CAST IRON —J CURB CLEANOUT DRIVEWAY APPROACH STREET CAST IRON CLEANOUT BOOT CITY OF FORT WORTH, TEXAS TWO WAY SERVICE CLEANOUT DATE: 09--2004 SAN-011 4.-0,. 1 O. Sid. S Sidewalk r 6' wide Curb t • a _ _ pa ti h T od L - 6- Wide Curb v� (/I" £xponsion ✓ inl i PLAN VIEW jly* '/ Bars a /:3 cc Barg Fare of Risers �`'-Enlrvnce 1/1.. £xponsan -/O�y ! 107 n 1�••£xpanspn ✓dnl b' Wide Curb, Bolb Subs rood Enhance Walk • •.. A Sld.3 idewalk lLeadK /j2'•ERpansian ✓avnl -r. Noy fo Sco/. t r 346 n r Sond CusA.an J y$/ Bois m f' -T" c-c, BofA Woys NOT£.htfmber of Risers bores to Mee! condilimJ oa Ground Slope Treoe PB per It SECTION VIEW CONCRETE STEPS CITY of FORT WORTH, TEXAS —CONSTRUCTION STANDARD DRAWING NO. 5 -- M 3 DATE DEC 1969 r tog T 71 350 WA L X K WHERE VEHICLES WILL PARK PERPENDICULAR TO 6" RAISED CURBS THE CURBS SHOULD BE PLACED 2 BEHIND THE FL OTHERWISE THE CURBS MAY BE PLACED AT THE R_ 6"RAISED CURBS - 15` MIN. 20` MINN 1 15• MIN.— 35 MAX. 35` MAX r TYPICAL DRIVEWAYS FOR LOT FRONTAGE GREATER THAN 75 If 1 i I WA L a 1 Z• 1 j 6 ` RAISED CURBS �P /`� IS MIN. MIN ' 7• 35' MAX 4 i R MIN.— MIN MIN WHERE VEHICLES WILL PARK PERPENDICULAR TO 6"RAISED CURBS THE CURBS SHOULD BE PLACED 2 BEHIND THE R OTHERWISE THE CL-RBS MAY BE PLACED AT THE R. Not to SCQ/I REPLACES DRAWING NO. S-M-7 DATED DEC.1969 TYPICAL DRIVEWAYS FOR LOT FRONTAGE LESS THAN 75 COYNERC/AL DRIVEWAYS CITY of FORT WORTH,TEXAS— CONSTRUCTION STANDARD DRAWING NO. S—M 7 DATE AUG. 19TO u NOTE: Provide E+p. Join! Only if Connecting To Existing Concrete Drive PARKWAY (USUAL) t0� s r- � m 1 o I -c to n /`USUAL 4` E P, ✓DINT r` FLAGGING of 4`^0 O.C. d S / 0 £ W A L K O EXPANSION 401NT FL AGOING of 6 `- 0"o. c. NO F,AGG4NG ;N WHEELCHAIR RAMPS EXPANSION JOINT (erupt slip form/ EXPANSION JOINTS o7•any direction Change and Poo,meeirnum: all expansion joints to be dowelled per concrete pavement requirements TYPICAL CONSTRUCTION L AYOUT of CURB and GUT TER, SIDEWALK and DRIVEWAY .Showing Flagging And Expansion. Joint Location L � Not to Scott L i a '.J R. 5.81 w [FEZR. W.R.M. REViSEO' 9117187 JA N 1W.R M, w U1 W 03 a m a r s w NOTE., Provide rxP, ✓o/nl Only /f Connecting 'To £xist/ng Concrete ortre PARKWAY (USUAL) -4 Ic i EXPANSION JOINT Q (of any obulling concrete) .T YPICA W EXP. JO/NTFLAGGING o16 '- 0"o.c. LA FLAGGINGA4 S- I D E W A L K EXPANSION JOINTS (e.ecepl al/,o form) EXPANSION JOINTS of ANY D/REC t/ ON CHANGE AND E DO' . MAX/MUM: all expansion Joints to be dowelled per concrete pavement requirements TYPICAL CONSTRUCTION L AYDUT OF CURB d GUT TER, COMB/NATION SIDEWALK AND DRIVEWAY Show/ng flogging And Exponslon Joint Locotlon Njol�(o Sco/e REVISED: 9/17/87 ✓.A,N/W.R.M. \NO FLAGGING IN WHEELCHAIR RAMPS f A 3 r• �r up j � l -30 e" I 2" CLEAR T Y P. ° x 4 2"SCH_40 PVC O ` Of WEEP HOLES f- AT 10'-O"OC = I a� : SIDEWALK SLOPE AT 1/4 /FOOT =___ _ - COMSTRUCTION sa== JOINT (OPT) N0.3AT 12"0C13W 4'- O" R 2.COMPACT SUB GRAOE TO 95%STD. PROCTOR_ L PAY PER CUBIC YARD, SCALE: 3/4= 1 RETAINING WALL WITH SIDEWALK REVISED 9117187 J.A.N./W.R_M. CITY OF FORT WORTH -CONSTRUCTION STANDARD EFW/WRM DRAWING NO. S-M 13 DATE: JULY 1984 Addendum 3 354b (~ r I r�l DUMMY JOINT IN RAMP OPTIONAL PROVIDE EXPANSION JOINT ONLY IN III- O" DRIVEWAY ONLY. IF CONNECTING TO EXISTING CONCRETE DRIVE. EXISTING CURB a GUTTER,IF ANY, MUST BE SAWED AS DIRECT- REINFORCE 6"DRIVE # 3 BARS ED BY THE ENGINEER, A AT IB O.C.S.W. rl REINFORCE 4" WALK # 3 BARS R.O.W. LINE -- -- AT IB" O.C.B.W. REFERENCE -- 1 i i j ffll'-Ot"FOR SI18-O"FOR 1 1 lodu6ce I I I DWY I I I 1 ' STANDARD SIDEWALK 10'-O'MIN. 1 IN DW 9-O 17'-0"MIN. Pp• P STANDARD CURB & GUTTERS �X EXP, JOINTS 20'-0" MIN.SINGLE DWY. EXCEPT SLIP -FORMED 27'-0"MIN. DOUBLE DWY. L A SIDEWALK SLOPE 1/4"PER PLAN VIEW FOOT TO FACE OF CURB OR AS �DIRECTED BY ENGINEERS PARKWAY WIDTH _A B (SEE TABLE) 4' SIDEWALK I ?"SAND CUSHION 'OR APPROVED SUBGRADE. 1�-R.O.W.LINE PKWY. WIDTH A I B (0' 1' 9' 11' TO 14' 2'To5' 9' 15' TO 19' 3 f o7' 12' 20'TO 22' 5'to7' 15' m OR MATCH AS DIRECTED EXP. JOINT EXCEPT SLIP -FORMED HALF LENGTH PAID AS ATTACHED CURB (CONC. PAVEMENT ONLY.) SEE STANDARD CURB a GUTTER SECTION. 18" 1'3" STANDARD DRIVEWAY AND CURB LAYDOWN a GUTTER PAY LIMIT CURB :��, •jam .�U-'':fr:id.:- ...:Q ::Q. '�� SECTION A -A STABILIZED DWY. PAY LIMIT SUBGRADE W/CONCRETE PAVEMENT SIDEWALK SECTION THRU DRIVEWAY•TO BE POURED SAME THICKNESS AS DRIVEWAY APPROACH a PAID FOR AS DRIVEWAY APPROACH. EXISTING SIDEWALK, IFANY, TO BE REMOVED AND REPLACED_ REVISED 9/2pie7 J.A.NJiOAM. DRIVEWAY APPROACH EVISED FEB., REVISED AUG, ,'81-D.79-D.J.J.S.lW.S. W:R,R,M.M. CITY of FORT WORTH, TEXAS - CONSTRUCTION STANDARD ! :VISED MAY, '8 3-E.FWJW.R.M.1DRAWING NO. S-S S 1 DATE: MAY, 1983 lr 361 Addendum 3 Er I MP Up NOTE: Gutter to be shaped to conform with concrete valley (or payemenI) Expansion Joints Expansion �4~ Joints- n4 V O Intersecting Y / /• Valley _Z. "ar as directed by the engineer No. 3 118 "OCBW _� s .r�4" min, or equal to adjacent pavement depth. 8•-0 Residential Streets The 7" reinforced concrete votley shall replace the top 7" of the pavement with the remaining portion of pavement to be constructed including sub -grade treatment, in accordance with the typical paving section. The concrete valley will be governed according to city standards for concrete curb 8 puller. The concrete shall be of washed and acreen!d aggregate with a men. of five (5) sacks of cement per cubic yard of concrete in place with a min flexural strength of 550 pounds per square inch of seven days with center loading. TRANSITION SECTION For Valleys Grassing Mdfor Streets DISTANCE FROM ( OF Dip CROWN 0' 0.000' 5' 0.041' t0' a063 20' , 0.206' JO 0.333' 40' 0.458' 50' 0.500, Nof to Scale NOTE: This is some Oruwing as C-1066-R REVISED 7-64 EFW/WRM REVISED 9/28/8T J.A.N./W_R.M. CONCRETE VALLEY CITY of FORT WORTN,TEXAS—CONSTRUCTION STANDARD DRAWING NO. S-S 6 1 DATE, DEC. 1969 Addendum 3 362 1 E - 0. 4 V4 `. .�. _SLOPE 1/4' PER FOOT SEAL WITH JOINT FILLER JW w p TOPSOIL /r SI�M Pw '\': .O .. 1OASPHALT PAVEMENT •C,' •. .. .�• �.t.. �,• ,.. .�•>i'.t,.:�,•.j^;i;.','!� ,Q: .. .D�', •, • .r''• •�� �ry •� �• THICKNESS •'a z SANDY ;t':, ^.WKFILL.: I, r' STAB. SUBGRApE MINIMUM EXCAVATION OUTLINE FOR STREET CONSTRUCTION I •3 BARS o. 11- a' v e' STANDARD 7" CURS > 1.5' GUTTER USE WITH TYPE NO. II PAVEMENT CITY OF FORT WORTH, TEXAS —CONSTRUCTION STANDARD l REVISED 9/28/E7 J A N /W,R M 1 Ororinr No. S-.S 3 ` Dot• July , 1969 NO SCALE P• m IF APPROVED BY ENGINEER SLIPFORM CURB 6 GUTTER 9 MAY REPLACE THESE 6THE FORMS FOR REINFORCED w CONCRETE PAYEMENTIWITH ADDITIONAL NX36"AT24" w OC, ACROSS CONSTRUCTION m JOINT. 1 3/4" 1 1 6 1/B" SLOPE 2 �NO. 33 BARS AT 2'-0" C —C 0 Oq0 STABILIIED SUBGR40E "� 'p gt1PERIMPOSED CURB 1/2"'R ' I rTHVS AR MUST 8EA$LACED AT THE TIME THE AVING SE TIOn SLAB IS POURED COLD 'm JOINT -L PAY L1 IT 2 12" 1 MONOLITHIC CURB ATTACHED CURBS CI�AW FORT WORTN,TEXAS-CONSTRUCTION STANDARD QA�10C�T-19T�?� DRN0. S^S12 0 SAW CUT EXCAVATION SQUARE WITH STREET PLAN t' T Not tt r NOTE: WATER VALVE NOT SHOWN BUT COLLAR IS SAME. 368a Addendum 3 SECTION 8" MIN. TYP. CLASS A (5-SACK) MANHOLE a WATER VALVE COLLAR TYR r' T f BACK OF T 2' T� T T M T T Striph install T T T T T Height: Ramp Gradient: Side Gradient: i PLAN VIEW BACK OF 3-1/2 inches 8.57 in 1 (30 inches / 3-1/2 inches height�ND EPARTMENT OF TRANSPORTATION PUBLIC WORKS V-Irr OF 3.43 in 1 (12 inches / 3-1/2 inches NeighR FFG6hCi+EERINC. FORT WOFT h SPEED CUSHIONS wux er: ..Ijjq Ej rtru .15, MOJ A•VROVEV 1: DRAWING NOT TO SCALE APPENDIX B STORM WATER POLLUTION PREVENTION PLAN 2-TOC 5b-0B MM.doc w STORM WATER POLLUTION PREVENTION PLAN MW Copies one inch ring binders of the Storm Water Pollution Prevention Plan for this project are available for examination at the plans desk of the Department of Engineering. The responsive low bidder will be furnished with a copy after award of contract. Bidders shall not remove the copies from the plans desk. M 2-TOC 56-OB Wdoc APPENDIX C GEOTECHNICAL REPORT NOTE TO CONTRACTOR: THE ENCLOSED GEOTECHNICAL REPORT WAS PREPARED SOLEY FOR USE BY THE ENGINER IN THE DESIGN OF THIS PROJECT. THE REPORT IS INCLUDED FOR THE CONTRACTOR'S INFOMRATION ONLY. RELIANCE ON THE CONCLUSIONS OR RECCOMENDATIONS OF THIS REPORT BY THE CONTRACTOR SHALL BE AT HIS/HER OWN RISK. 2-TOC 5-6-0 MM GEOTECHNICAL ENGINEERING STUDY STREET IMPROVEMENTS — CONTRACT #53 COLLEGE AVENUE, WAYSIDE AVENUE, LIPSCOMB STREET, AND ORANGE STREET Presented To: Dunaway Associates, L.P. Fort Worth, Texas July 2007 PROJECT NO. 128-07-22 No MR 7636 Pebble Drive rr C � ENGINEERING, INC. Fort Worth, Texas76118 WWW.CI jengrcom July 23, 2007 Report No. 128-07-22 Dunaway Associates, L.P. 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107 Attn: Mr. Kervin Campbell, E.I.T. GEOTECHNICAL ENGINEERING STUDY STREET IMPROVEMENTS — CONTRACT #53 COLLEGE AVENUE, WAYSIDE AVENUE, LIPSCOMB STREET, AND ORANGE STREET FORT WORTH, TEXAS Dear Mr. Campbell: No Submitted here are the results of a geotechnical engineering study for the referenced project. This study was performed in general accordance with our Proposal No. 07-1766 dated January 3, 2007. The geotechnical .services were authorized on May 9, 2007. L_ w .. Engineering analyses and recommendations are contained in the text section of the report. Results of our field and laboratory services are included in the appendix of the report. We would appreciate the opportunity to be considered for providing the construction material testing services during the construction phase of this project. We appreciate the opportunity to be of service to Dunaway Associates., L.P. Please contact us if you have any questions or if we may be of further service at this time. Respectfully submitted, CMJ ENGINEERING, INC. Charles M. Jackson, P.E. Senior Geotechnical Consultan Texas No. 46088 °oe °esssa°e° ,�•n a 0 ° ° ts .• •e••eee•••eeues ueee•••••� Or ARLES M. JACKSON E%11'll 4g0��0+ e° S•°••oao°ia etf'ONAL E� -1(1,3lcri copies submitted: (3) Mr. Kervin Campbell, E.I.T.; Dunaway Associates, L.P. Phone (W) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992 .. No APPENDIX A "0 .. r .n • w w am w s .r s ow w as r w UN w m PLAN OF BORINGS cMF-NGrNE.ERING, INC. STREET IMPROVEMENT PLATE CONTRACT #53 A.1. A CMJ PROJECT No. 128-07-22 11 FORT WORTH, TEXAS w "s we .r s • w .r r r w z 0 Q Qlj HAW RANGE STREET w oc 0 Q w Z o N `+ 1 n O N U z 0 0 z J w n \' w i m a c o LEGEND: v. ii Boring Location 0 r 0 100 200 Feet c u Approrima(e Scale CM JPLAN OF BORINGS ENCYWEE UNG, YNC. STREET IMPROVEMENT PLA TE CONTRACT #53 A.I.B CMJ PROJECT No. 128-07-22 FORT WORTH, TEXAS s s s No is .0 No w s =1 to ow ow PLAN OF BORINGS CMJENGINEERING,INC. STREET IMPROVEMENT PLATE CONTRACT #53 A. f , C CMJ PROJECT No. 128-07-22 FORT WORTH, TEXAS or s w No yr as ow r v s No s ■o ■r so _ kitKKY J 1 Kt>: 1 LEGEND: i ii Boring Location i E a c d 0 200 400 Feet Approximate Scate w PLAN OF BORINGS CMENGINEERING, INC. STREET IMPROVEMENT PLA TE .. CONTRACT #53 A. 1, p CMJ PROJECT No. IZ8-07-22 FORT WORTH, TEXAS i eat i wo ... Major Divisions Grp. Sym Typical Names Laboratory Classification Criteria Well-graded gravels, gravel- r GW sand mixtures, little or no y c� D, (D greater than 4: Ce= ---- between 1 and 3 A � o fines o ,a Dia x Deo c CM v dU m Poorly graded gravels, gravel 6 .6i m aoi E N m U j GP sand mixtures, little or no d6 CO rn Q Not meeting all gradation requirements for GW H m fines � c U o W C7 0 -a o o d Z a C o Silty gravels, gravel -sand -silt �; 3 y C7 Liquid and Plastic limits "A' Liquid and plastic limits N d w y GM mixtures Z ' m below line or P.I. greater than 4 plotting in hatched zone Z .3 between 4 and 7 are Clayey gravels, gravel -sand- Liquid and Plastic limits q y ; t° — o > m o N g Z a " borderline cases requiring use of dual o g Q GC clay mixtures c o ro above "A" line with P.I. symbols �a c m greater than 7 y E y b m m m SW Well -graded sands, gravelly p O � o60 (DX a? c sands, little or no fines m C� -- greater than s: C�= ------ between 1 and 3 D,o UE y y c c o D,a x D, (D N o af°i m ca �; Poorly graded sands; m L) v SP gravelly sands, little or no m Not meeting all gradation requirements for SW r > fines _y ` �' w ca Cy 0 o o a N act U O r m tv _� d y Silty sands, sand -silt fA N U o, CO iv ,c Liquid and Plastic limits E o o SM mixtures y to 2 � below 'A' line or P.I. less Liquid and plastic limits c_ a o o than 4 plotting between 4 and 7 ca 3 o �' o N Un are borderline cases Clayey Liquid and Plastic limits C CO m -0 requiring use of dual In rn SC sands, sand -clay a L above A line with P.I. s bols ym 0 a mixtures CD 0.� greater than 7 Q I) U Inorganic silts and very fine ML sands, rock flour, silty or clayey fine sands, or clayey y m silts with slight plasticity Inorganic clays of low to 6 y CL medium plasticity, gravelly o co clays, sandy clays, silty 5 N =" = clays, and lean clays o Z CH Cr Organic silts and organic silty a x y OL clays of low plasticity N o m Inorganic silts, micaceous or NE 3 ?� ti to MH diatomaceous fine sandy or ro silty soils, elastic silts .P off a d MH c as iLm E > M� 2 `o v CL c 2 CH Inorganic clays of hlgh t y °1 plasticity, fat clays 7 —' E tfn 4 ML a id OL 'S T Cr Organic clays of medium to 0 v OH high plasticity, organic silts o 10 ao 30 4-0 so so 70 eo so 100 uquid urnit r ( ' Pt Peat and other highly organic PlasticityChart O o soils UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.2 SOIL OR ROCK TYPES �m m .. GRAVEL LEAN CLAY LIMESTONE • • SAND • • SANDY _ SHALE s • w• • SILT SILTY SANDSTONE HIGHLY AYE. E CONGLOMERATE Shelby I Auger Split Rock Cone No PLASTIC CLAY Tube Spoon Core Pen Recovery TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No. 200 Sieve) Descriptive Item Penetrometer Reading, (tsf) Soft 0.0 to 1.0 Firm 1.0 to 1.5 Stiff 1.5 to 3.0 Very Stiff 3.0 to 4.5 Hard 4.5+ Coarse Grained SoilS (More than 50% Retained on No. 200 sieve) Penetration Resistance Descriptive Item Relative Density (blows/foot) 0 to 4 Very Loose 0 to 20% 4 to 10 Loose 20 to 4O% 10to 30 Medium Dense 40 to 700% 30 to 50 Dense 70 to 90% Over 50 Very Dense 90 to 100% Soil Structure Calcareous Contains appreciable deposits of calcium carbonate; generally nodular Slickensided Having inclined planes of weakness that are slick and glossy in appearance Laminated Composed of thin layers of varying color or texture Fissured Containing cracks, sometimes filled with fine sand or sift Interbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Can be remolded in hand; corresponds in consistency up to very stiff in soils Soft Can be scratched with fingernail Moderately Hard Can be scratched easily with knife; cannot be scratched with fingernail Hard Difficult to scratch with knife Very Hard Cannot be scratched with knife Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite, dolomite, sidente, and iron oxide are common cementing materials. Degree of Weathering Unweathered Rock in its natural state before being exposed to atmospheric agents Slightly Weathered Noted predominantly by color change with no disintegrated zones Weathered Complete color change with zones of slightly decomposed rock Extremely Weathered Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.3 .. ow s r of MW W IM tf I'm r no Wr Project No. 1 Bonin No. 9 Project LjvJJ L"NGINEEM fNC I Street Improvements -Contract #53 128-07-22 B-1 Fort Worth, Texas Location Water Observations See Plate A,1 Seepage at 4' during drilling; water at 1.5' at completion Completion Completion . Depth 6.0 Date 6-18-07 Surface Elevation Type Auger: B-34 L .0 O �. 6 N C LL a« N o N Stratum Description C O._ s O za O l.L •C m - U X m O U O.� w 0 02)Vi mat — mm n.rn of :3� 20 cam cav 0-5 oo 2v ca aJ coo Qa ASPHALTIC CONCRETF,(1"thick) 4.5+ 381 341 15 19 8 SILTY CLAY light reddish -brown, w/ limestone fragments, calcareous nodules, sand, and gravel, 00/0.25 d h�hard _ an, fractured, w/ thin clay seams, 100/0" 5 LIMESTONE tan, very hard — i LOG OF BORING NO. B-1 PLATE AA go W 1W M1 W W lop W ur s r-i VW 1W 1W No Project No. l 128-07-22 Boring No. 9 B-2 Project L LVLJ ENGINEER uvc Street Improvements -Contract #53 Fort Worth, Texas Location Water Observations See Plate A.1 Seepage at 4' during drilling; water at 4' at completion Completion Completion Depth 7.0' Data 6-18-07 Surface Elevation Type Auger: B-34 Stratum Description LLL t u o O N a E E tU.1 W o O o! p1 8 S m omN in a. O N o �,o Md am e cE JJ a a� my a5 ° oo �U LL �; 'cp �_ C LL v N � 8£oo ova ASPHALTIC CONCRETED" thick) 4.5+ SANG/GRAVEL tan 4.5+ 26 45 19 26 12 SILTY CLAY; light reddish -brown, w/ limestone fragments, calcareous nodules, sand, and gravel, 100/2.5" 5 hard 00/0.25 LIMESTONE tan, fractured, moderately hard LIMESTONE tan, very hard ----------------------- 100/0" LOG OF BORING NO. B-2 PLATE A.5 ON w w w s tw w rr w wr w w F—A YAW Project No. Boring No. 9,_fVlj ENGINEERING INC. Project Street Improvements - Contract #53 128-07-22 B-3 Fort Worth, Texas Location Water Observations See Plate A.1 Dry at completion Completion Completion Depth 5.01 Date 6-18-07 Surface Elevation Type Auger: B-34 w . no E w a C6 C o o N _ cLL O o N Stratum Description o ze _ N o U 3M� C .y V! _ 7 - N X in m m N C OV o a� E UJ (J tr mat-: 0- n aE a� a 20 y, �� V 7 �Ua ASPHALTIC CONCRETE(I thick) SAND/GRAVE4 tan LIMESTONE tan, fractured, very hard 00/0.25' LIMESTONI; tan, very hard 100/01, LOG OF BORING NO. B-3 PLATE A.6 w ow M 1W go up 1W VW up ow U_ � w w 1W 1W w Project No. 128-07-22 Boring No. B-4 Project Street Improvements - Contract #63 l.tVl rrv�,mettarvt, lrn_ Fort Worth, Texas Location Water Observations See Plate A,1 Dry at completion Completion Completion Depth 10.0• 1 Date 6-20-07 Surface Elevation Type Auger: B-34 Stratum Description t 0. o >` N C E N o U w o v O C! D' ` C; C 8._ � y�LL 3C o my ca06 O N O �� C N yj> m am 4 .a 7= cE _3:3 Vim_ in= E a� X a7N Av a= o .3. N TC 00 20 LL r � pU . N ea :� 'p C U.. Cj N Q ,; E'a C'aV C o 0 �vo_ ASPHALTIC CONCRETlF(1- thick) 4.5+ 21 5 SILTY CLAY brown, w/ calcareous nodules, gravel and limestone fragments, hard - stiff to very stiff 2' - 3' 4.5+ 73 64 221 42 13 _ 3.5 12 4.5+ 12 SILTY CLAY light brown and tan, w/ Calcareous nodules and limestone fragments, very stiff 4.5 16 4.0 18 110 3740 3.5 18 2.25 66 46 18 28 17 101 4.5+ 11 1 SHALY Ct. AI( light brown to tan, wJ calcareous nodules, very stiff to hard 4.5+ 18 LOG OF BORING NO. B-4 PLATE A.7 aw M TW w W W v 1W s W VW M W to Project No. 1 Borin No. 9 Project - l_1Vt) F.NUNSEIUNc INC 1 Street Improvements -Contract #53 128-07-22 B-rJ Fort Worth, Texas Location Water Observations See Plate A.1 Dry at completion Completion Completion Depth 10.0' 1 Date 6-20-07 Surface Elevation Type Auger: B-34 LL p = m 6 O N C LL p. o E Stratum Description O C O �o u 'p .N w a ;ct� C_ a U� �= U �m 7 He �; _ oU T�, C sEc w eY O � o0U) ma~ spar n.in L-E JJ 5E aY, ce�0 a c 00 20 ca :n_, c0q �Uo ASPHALTIC CONCRET�(4" thick) 3.25 20 101 SILTY CLAY brown, w/ limestone fragments and 3.0 32 52 18 34 19 calcareous nodules, stiff 1.75 15 SILTY CLAY light brown to tan, w/ calcareous 2,5 78 44 17 27 17 nodules and limestone fragments, firm to stiff 1.75 14 5 3.0 21 1.5 17 very stiff, 7 - 8' 4,5+ 14 SHALY CLAI( reddish -brown, brown and 4.0 20 grayish -brown, w/ gravel, limestone fragments, and 3.25 58 54 20 34 24 1 calcareous nodules, very stiff LOG OF BORING NO. B-rJ PLATE A.8 sr aw r r QP w r sr 1w fur w Nf 1w Project No. 1 128-07-22 Boring No. e B-6 Project 1..1V1) hN(AN)'XMN(; uvc. l Street Improvements -Contract #53 Fort Worth, Texas Location See Plate A.1 Water Observations Dry at completion Completion Depth 10 0. Completion Date 6-20.07 u_ L o o a—�i a E in Surface Elevation Type B-34 o U o `o a NULL C mn�H o c s H m y> ar�`n o :2 � 2 e a E-i �_ U x m a eLL m� a'i a - C �0 �; OV y » v.P v � N o a� V; J DUa -Auger: Stratum Description 5 ASPHALTIC CONCRETE (2.5" thick) SAND/GRAVEL tan (6" thick) LIMESTONE tan, w/ clay seams, moderately hard 100/2.5" 100/2" 100/3.5" LOG OF BORING NO. B-6 PLATE A.9 M W ow tM No r >w aw ter Project No. 128-07-22 Boring No. B-7 Project Street Improvements -Contract #53 Mj ENGINEERING INC Fort worth, Texas Location See Plate AA Water Observations Dry at completion Completion Depth 10.0' Completion 1 Date 6-20.07 ii L o D N fl- E Surface Elevation Type Auger: B-34 U o 0 a m C �o mu:.9 ocy> O N ze m m n o :g� > QE w� Erdo a a5 mB �o a cw �a C LL O a�o = E ° � �c>a Stratum Description 5 1 ASPHALTIC CONCRETE(3" thick) 4.5+ 1 44 53 18 35 15 102 CRUSHED STONg(4" thick) 2.25 19 SILTY CLAY grayish -brown and tan, w/ calcareous nodules and gravel, stiff - w/ limestone fragments, very stiff, 7" to 1' 2.0 24 102 2220 1.5 26 2.76 26 2.5 100 67 23 44 27 95 LIMESTONE tan, w/ clay seams, moderately hard _ _ 100/3" 100/3.5" LOG OF BORING NO. B-7 PLATE A.1 0 VW W .w ow w w IM wo ow w w Project No. Boring No. CMJ ENGLNEERINc uric. Project Street Improvements -Contract #53 128-07-22 B-8 Fort Worth, Texas Location Water Observations See Plate A.1 Dry at completion Completion Completion Depth 10.0' I Date 6-20-07 Surface Elevation Type Auger: B-34 U_ o E a E 6 C, N .� C U. O C. o Stratum Description o C O �,o e m ? 'O o U o O y u: ;c m a> o v_ _ �— � �_ a'- x mm m He �+j C7 U ,r n w c7 o v� mn ►= m a_> o rn vE JJ �u E 0. , 5v a o o 'cam c o o ASPHALTIC CONCRETS(2.5" thick) CONCRETE (5" thick) 0.75 48 441 18 26 201 97 SILTY CLAY light brown and gray, w/ calcareous 1.5 19 nodules and limestone fragments, firm to stiff 2.5 19 - soft, 7.5° - 2' 2.0 75 47 14 33 19 5 2.25 19 1.25 26 2.75 24 SHALY CLAI( light reddish -brown, w/ calcareous 2.75 1 100 70 231 47 25 99 nodules, stiff 4.0 25 1 - grades w/gray, very stiff, 9' - 10' _ _ _ _ _ _ ` J 1 LOG OF BORING NO. B-8 PLATE A.11 Mi ow ow w wn w No sw Uw ow r Project No. Boring No. Project Street Improvements -Contract #53 kNGINEERING INC. 128-07-22 B-9 Fort Worth, Texas Location Water Observations See Plate A.1 Dry at completion Completion Completion Depth 10.o. Date 6-20-07 Surface Elevation Type Auger: B-34 c 6 E (n — o, C o N cii o T N N Stratum Description cno \ ... z= N v U Ti LL w 7 0 3 0 ✓! =r N h V V E j W O y (n m fl_� ,p N 0-U) v E _JJ N E dJ N U n. C C O o �(� c .7J C o p �U[L ASPHALTIC CONCRETE((' thick) SAND/GRAN E4 tan (4" thick) 2.0 92 fib 22 44 31 91 SILTY CLAY dark brown, w/ calcareous nodules, 1.75 29 firm to stiff 2.0 28 951 2820 5 1.75 95 64 19 45 28 SILTY CLAY light brown and brown, w/ calcareous 1.75 27 nodules, firm to stiff 2.0 27 2.25 26 -grades shaly, 8' - 9' 2.5 26 LIMESTON>; tan, moderately hard 100/3.5" 1 ----------------------- LOG OF BORING NO. B-9 PLATE A.12 .. w M ar aw w w W wo ■r VW Project No. I 128-07-22 Boring No. s 13-10 Project 1uM) ENCINEMUNU Wc. I Street Improvements -Contract #53 Fort Worth, Texas Location Water Observations See Plate A.1 Dry at completion Completion Completion Depth 10 0. Date 6-20-07 Surface Elevation Type Auger: B-34 Stratum Description U. .L. o -6 N a W (j a oyVi ina H N ono i mat a m 5 of J J �� in- mE a .� axi m-o s !_^ c 00 �U �,� �� C.0 C 12 y 8 E 5, coo �Ua ASPHALTIC CONCRETE(3" thick) SANDIGRAVE4tan (5"thick) 3.25 93 70 24 46 30 91 5 SILTY CLAY dark brown, w/ calcareous nodules, stiff 2.75 16 1.5 19 SILTY CLAY light brown, w/ calcareous nodules and limestone fragments, stiff very stiff, 5' - 7' 3.0 83 47 15 32 18 109 4.5+ 18 4.5+ 18 LIMESTONE tan, w/ clay seams, moderately hard 00/2.75 LOG OF BORING NO. B-10 PLATE A.13 ow aw w A w MW sw aw we ..e w No Project No. � 128-07-22 Boring No. 9 B-1 1 Project k_JVJJ LNUINIE ilANC IN( Street Improvements -Contract #53 Fort Worth, Texas Location Water Observations See Plate A.1 Seepage at 3' during drilling; water at 3' at completion Completion Completion Depth 10.0' I Date 6-20-07 Surface Elevation Type Auger: B34 Stratum Description U. « o a (D E W o: o a o � 6._ ti mN mat o N O z� c o_tn o =vE �a m E a. -J �v (L.2 m o o 2U k z; "cam D C U_ N w w ma c o =o Ua ASPHALTIC CONCRETE(3" thick) SANDIGRAVE tan (5" thick) 2.75 60 82 27 55 14 106 5 SILTY CLAY dark brown, wi calcareous nodules, stiff 1.25 18 3.0 75 32 20 12 20 SILTY CLAY tight brown, wl calcareous nodules and limestone fragments, firm to stiff 1 5 22 108 1960 3.25 19 LIMESTONE tan, w/ clay seams, moderately hard 100/2.5" 9 100/2" LOG OF BORING NO. B-11 PLATE A.14 APPENDIX D CITY OF FORT WORTH TYPICAL PAVEMENT MARKING 2-TOC 5608 MM.doc CITY OF FORT WORTH, TEXAS SPECIFICATIONS FOR APPLICATION OF THERMOPLASTIC PAVEMENT MARKINGS 1. PURPOSE Application of thermoplastic pavement markings. 2. TYPES OF MARKINGS The types of markings covered by this agreement are Stoplines, Crosswalks, Chicken Tracks, Centerlines, Laneiines, Edgelines, Arrows, Onlys, and Railroad Markings. The majority of the markings to be applied under this agreement will be Stoplines and Crosswalks. Both the parallel lines and "zebra" style crosswalks will be used. The type to be used will be specified when the request for crosswalk replacement or installation is submitted. All markings shall meet the requirements of the MUTCD. 3. MATERIALS AND QUALITY REQUIREMENTS All materials used under this agreement shall conform to TXDOT Specification D-9-8220. Lines must have a minimum thickness of 0.090 inches (90 mil), and shall not exceed 0.180 (180 mil) per TXDOT Test Method Tex-854-B. All lines must have clean edges, square ends, and be of uniform cross-section. The density and quality of markings shall be uniform throughout their thickness. The applied markings shall have no more than five percent, by area, of holes or voids and shall be free of blisters. All markings shall be reflectorized both internally and externally. Glass beads shall be applied to the materials at a uniform rate sufficient to achieve uniform and distinctive retroreflective characteristics when observed in accordance with TXDOT test method Tex-828-B. Contractor's personnel shall be sufficiently skilled in the work of installing pavement markings. Markings that are not properly applied due to faulty application methods or defective product, and markings which are placed in the wrong position or alignment shall be removed and replaced by the contractor at the contractor's expense. If the mistake is such that it would be confusing or hazardous to motorists it shall be remedied the same day of notification. Notification will be made by phone and confirmed by fax. Other mistakes shall be remedied within five days of written notification. 4. SURFACE PREPARATION AND APPLICATION On the beginning of each workday the kettle shall be clean and removed of all materials used the previous day. Roadway surfaces shall be clean and free from dirt, grease, loose and/or flaking existing markings and other forms of contamination. New portland cement concrete surfaces shall be cleaned sufficiently to remove the curing membrane. 21_AppE_PvmtMark 5-7-0B.doc UL Pavement to which material is to be applied shall be completely dry. Pavement shall be considered dry if, on a sunny day after observation for 15 minutes, no condensation develops on the underside of a one square foot piece of clear plastic that has been placed on the pavement and weighted on the edges. Equipment and methods used for surface preparation shall not damage the pavement or present a hazard to motorists. Markings shall be applied within temperature limits recommended by the material manufacture, and shall be applied on clean, dry pavement having a surface temperature above 50 degrees Fahrenheit. When markings are applied on roadways open to traffic, care will be taken to ensure that proper safety precautions are followed, including the use of signs, cones, barricades, flaggers, etc. Work shall be performed with as little disruption to traffic as possible and freshly applied markings shall be protected from traffic damage and disfigurement. Temperature of the material must be equal to the temperature of the road surface before allowing traffic to travel on it. S. WARRANTY All markings applied under this agreement shall be fully guaranteed for one year, to be free from yellowing/darkening, crumbling and failure to adhere to the pavement surface. Retroreflectivity characteristics shall remain relatively constant. All defective materials shall be removed and replace at the contractor's expense. All replacements shall be completed within 30 days of receiving written notification. In lieu of all other specifications within this document, contractor shall be solely responsible for ensuring that all methods and materials used in removal and application, produce high quality markings capable of exceeding these warranty requirements. 21_AppE_PvnAMark_5-7-08. doc t I F I I II I I I E REFLECTIVE "NBONI71 OR APPROVED EQUAL o.vE}y�a.ar I 6 f TYPE - 4 NON-REFLECTNE AMERICAN CLAY CERAMIC OR APPROVED EQUAL SPECIAL LANE MARKINGS BUS LANE MARKING SPACING t- • r! IRAs lAM Ial rlM LOIk TAIO WI! lUE TRABIWI >o I >s I n(terrx NNKDI t_.»_y ARROW - ONLY - ARROW SPACING tl F•11FPOflm el®lYt a M rc 0 aror EM-)' BIKE LANE MARKING SPACING RCIftML WfiE lanlJlR---.....•` 1s YNL 4 F�.1 nitf�rotRO RPPDONrrI NIYII wrt, Nm aDaB11HM ro� ro cw44 RDAolrrrJ FREPERENIIALIAINA (SUB LAW SON TAKI L'An LIRINFIN t Po R10 tlA aNm•N W EIBF UM, NN1CrtdIBMRawA- 1.ADDUBUEban WD6 YaER LM WEBR akOBS110sPRONMTED. LAEM010an MADEWBTBLMVOMECRW6 MOWCOURAOED. 1. A @.OI WMMN WBE METE LM V*M CROSIM M PEAMRIED. a A aRNRE Oaf1Fa MgNMlYR/TE IIENHFJIE OKMIRNO B PERIIff1ED FOR ANO VEHK:LE TO RRPONM A RNNIT-TUR1N MANEU V ER 41 T — D uw IF LANE MARKERS EPDXY ADHESIVE TO BE USED IN THE CITY OF FORT WORTH TYPE III 6 III-M (HAND MIX) (MACHINE MIX) PAVEMENT TEMP., A F APPROX. SET TIME (HR) TYPE III & III-M (a) 116 (q 1 (ej 77 (4) 4 (E) BB (d) a (4) BB (B) NOTES: (1) ALL ROADWAY MARKINGS SHALL BE INSTALLED ACCORDING TO THE CURRENT TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES AND MEET CURRENT CITY OF FORT WORTH SPECIFICATIONS A SHALL BE APPROVED BY CITY OF FORT WORTH SIGNS B MARKINGS SECTION (E17-871.7661) PRIOR TO INSTALLATION. (2) A 1110- CHALK LINE SHALL BE USED TO MARK LOCATION OF MARKERS TO BE PLACED ON PAVEMENT. ALL MARKERS SHALL BE IN LINE WITH NO VARIANCES OTHER THAN NECESSARY FOR PROPER ALIGNMENT OF TRAVEL LANES, (3) MARKERS SHALL NOT BE PLACED ON SAW JOINTS OF CONCRETE PAVEMENTS, BUT SHALL RE TWO (2) INCHES OFF OF THE SAW JOINT (AS APPROVED BY SIGNS a MARKINGS DIV.). (4) THE SURFACES ON WHICH MARKINGS ARE TO BE APPLIED SHALL BE CLEAN, DRY BURFACES B FREE OF LOOSE PARTICLES, DIRT, ACCUMULATIONS OF TAR B GREASE OR OTHER DELETERIOUS MATERIALS. (6) WHEN MARKINGS ARE TO BE PLACED ON PORTLAND CEMENT CONCRETE PAVEMENT LEGS THAN 1 YEAR OLD, THE PAVEMENT SHALL BE CLEANED OF ALL RESIDUE B CURING COMPOUNDS PRIOR TO THE PLACEMENT OF THE MARKING MATERIAL. (6) YELLOW MARKERS PLACED SIDE BY SIDE TO FORM A DOUBLE LINE SHALL HAVE A 4' SPACE BETWEEN MARKERS (7) WHITE MARKERS PLACED SIOE BY SIDE TO FORM A DOUBLE LINE SHALL HAVE A 4' SPACE BETWEEN MARKERS (3) WHITE MARKERS PLACED BIDE BY SIDE TO FORM A MADE LINE SHALL BE ADJACENT TO EACH OTHER ROADWAY MARKERS SPECIFICATIONS COLOR OF MARKERS: A YELLOW EODY-AMBER REFLECTOR Y: YELLOW BODY'NON REFLECTIVE C: WHITE BODY -CRYSTAL REFLECTOR W. WHITE BODY -NON REFLECTIVE R. RED BODY -RED REFLECTOR REFLECTIVE FACES: I -ONE FACE REFLECTORIZED II: BOTH FACES REFLECTORIZED SIZES & KINDS OF MARKERS: 4. 4' LANE MARKER EXAMPLES OF ROADWAY MARKERS: TYPE II-CR4 :4' REFLECTORIZED LANE MARKER, ONE FACE REFLECTS CRYSTAL, ONE FACE REFLECTS RED LIGHT. TYPE Y-4: 4' NON -REFLECTIVE YELLOW LANE MARKER ROADWAY MARKERS TO BE USED IN THE CITY OF FORT WORTH LANE MARKERS: TYPE Y-4 TYPE I-" TYPE II -AAA TYPE W-4 TYPE II-CR-4 STOP BARS, CROSSWALKS, AND PAVEMENT MESSAGES ALL STOP BARS, CROSSWALKS, B PAVEMENT MESSAGES SHALL MEET CITY OF FORT WORTH SIGNS B MARKINGS DIV. SPECIFICATIONS. -- BEFORE INSTALLATION, CONTACT CITY OF FORT WORTH SIGNS B MARKINGS DIV. FOR SPECIFICATIONS O e71.7ae1. NOTE: EIGHTEEN INCH TAPE SHALL BE USED FOR STOP BARS, CROSSWALKS WITH LONGITUDINAL LINES AND CROSSWALKS WITH LONGITUDINAL LINES. SHALL BE USED AT MID -BLOCK CROSSINGS TWELVE INCH TAPE SHALL BE USED AT CROSSWALKS AND NON PROTECTED CROSSINGS, WITH PARALLEL LINES. NO TAPE COMBINATIONS MALL BE ALLOWED. FOUR INCH TAPE PALL BE USED FOR LANE LINES, IF APPLICABLE, n TAPE TO BE USED IS 3M STAMARK A-420 OR APPROVED EQUAL, PREFORMED THERMOPLASTIC TAPE MAY BE USED DURING COLD O Q WEATHER WITH PRIOR APPROVAL FROM SIGNS a MARKINGS. CONTACT CEMENT E44 MUST FOLLOW MANUFACTURERS C.� APPLICATION INSTRUCTIONS. ALL PAVEMENT MARKINGS SHALL CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES PER THE LATEST AMENDMENT. �O N O rL T R NOTE Nr F CROSBWALKS WITH PARALLEL LINES SHALL BE USED AT PROTECTED CROSSINGS. STANDARD CROSSWALKS AND STOP BAR PAVEMENT MARKINGS RME[D 1"141 raft HOT[[ a SP[CUU. LAN[ MARKINGS BY JOE RADENZ REVII[D 1-04-0O Folk TITLE HOCK a TUT EY JOE RADEKL REVUIED 4-aOE FDR CROBBWAUO BY JOE RADEK2 DEPT OF TRANSPORTATION 0 T%b AND PUBLIC WORKS TRAFFIC ENGINEERING SHEET No. 7 of 3 TYPICAL PAVEMENT MARKINGS .- .' NR, waters, an, LOC. No. 6GLE AYME DRABING No.i SHEET ND. APPENDIX E BNSF PERMIT 2-TOC 5-&OB MM.doc BNSF PERMIT Bidders are advised that the City of Fort Worth has not acquired all the necessary BNSF permits for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary BNSF permits by the start of construction. In the event the permits are not obtained, the City reserves the right to terminate the award of the contract at any time before the contractor begins any construction work, on the project(s). In addition, Bidders shall hold their unit prices until the City has completed the acquisition of all permits. The contractor shall be prepared to commence construction without all permits and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits. Contractor is required to obtain and maintain required insurance per the railroad company's requirements. Contractor is also required to adhere to the railroad company's requirements for flagging, some of which are listed below. Flagging When working within twenty-five (25) feet of the centerline of the track, railroad flagging will be required. A) Railroad flagging will be required: 1) During the period of construction when it is necessary for the Contractor to operate equipment in the vicinity of, or over, BNSF property which may endanger railroad r operations, or 2) Two or more railroad flagmen may be required at other times that the Railway Company Roadmaster's sole discretion shall deem necessary. B) Flagging services shall be performed by BNSF employees and the total cost borne by the Contractor. C) The Contractor will be billed monthly at a rate to be determined by BNSF to include labor and payroll associated costs plus any expenses incurred by BNSF for flagging services. D) A written request for flagging services will be required at least 72 hours prior to the time when such services are needed. This request is made to the BNSF Roadmaster, as noted in the contract. .. 2-TOC 5-6-08 MM BURIED GAS1 CON ACTOR TO C( RK IN 7HlS Al � ATMOS � S A=19t7 I LT ATCH EX I EX 7P=S9� 1 1 1 STA= r14.00' 1 � J ? , / PROP � �� �' / T K I I c PAVEMENT �iaei� - ;a'%. � r rl-r� _:I ,INS e::; wN �i,2:.^.::. �5?'G I .� -•- ` F9 � k e;m��g �mN PAV FOR SEE 3� �G 92`'n 'S ��g9� �� �mr e � � e � o STA=23t3296 \ 215 LF 3' CONDUI CAP 14.50'LT W/PUIl BOX EACH END OF PROP T/P=701.46 e R ROW � STA 4t14.29 STA=23t1500,• 14.00' LT 14.50' LT ` END CURB AND BEgN RAMP - \ ROP T =70219 � PROP T/C=701.70 � CP�57 � � EX FLUME 5 F .� . — 3y — �r o- mwym.nti me I � I u � h �GmtBWOM4Tz � `ate s� o , s.um nemµmll�ielgqn, wan I p E—�� 61k) Wfi0' Wt 24 W69 Nt/2 2J ii�2"1RF 5 z3°a=om � 2)W l:pacomb St I Q =o4�E a I I �6 s'" _ 0 I VEMENT o$IARKING j (Qj;�� TAILS FOR RR I p„ + 9SS1NG SEE 7A=25t9L38 I Q 21 23.1T LT V I MAT EXIST CURB � I i 1=24t25.00 � T/C=70081 )0' LT '�I 1 ! TIN CURB ' `� I / � / � )P T/C=70266 S=25t72.03 � (� 14.00' L7 '� {5°,RR SIGNAL PROP TIP=70(1.40 THE U711J7/ES SHOWN ON 7Hf PANS WERE GbMPILED }ROM VARIOUS SOURCES AND ARE INTENDED 70 SHOW 7HE GENERAL EXISTENCE ANO LOGiRON OF uT1LI11ES IN 7HE AREA OF CONSTRUCDON. IHE ENGINEER ASSUMES NO RESPONS/BIUIY FOR THf'.ALCURACY OF THE URLfTY /NFORMATXJN SHOWN ON 7NE PLWS. 7NE CONTRACTOR SHN1 VERIFY THE EXACT LOCARON OF ACL UDLNTES PRIOR Ta CONSTRUCT70N. 7HE CONTRACTOR SH41L CONTACT U7/UIY COMPANIES 48 HOURS /N ADVANCE OF ANY CONSTRUCTION ACTNlRES IN ORDER - TO DETERM/NE !F 7NERE (S ANY CONFLICT WITH T7/f PROPOSED FACI(JIIES. 7HE CONTRACTOR SHALL NO71FY TNE.ENG/NEII2 /MMED/ATIIY WHIN CONFLTC75 W77H IXlSRNG UTIC/RES ARE D/SCOVEAID. THE fOLLOW/NG PHONE NUMBERS ARE PROVIDED FOR CONVENIENCE CONS/DERA710N OF OTHER UIIUTT6 MAY eE REOWRED. FORT WORTH WATER Of Pi (B17) 87T-8296 FORT WORTH IPW (817) 392-8T00 CHARTER COMMUN/CAAONS (N CAeLE) (817) 246-5530 MG (OWNER OF WESTERN UNION LINES) (800) 624-9675 AT&i (600) 395-0440 7E7fA5 ONE CALL (IOCAT/NG SERN[f) (800) 245-4545 ATMOS ENERGY B00 692-4694 VER/ZON {800)) 183-1000 7XU ELECTRIC DEL/VElfY (886) 222-E1045 'lFl�!�:�lF�ili(F,,.�(F�,IRRFi���z- <.� o� :~,. � � , :::.EL..—a:.S�.� {C..^."�y5'�_,``��0:° fy4" �.1.�'^•nJL.TML::�:l�:Cvz\':C:,�'p.-.]�.vFh�.vSv.'T.+±..`.^..^.'S:.^:Y"'�IW L�:..rm�:: �:v—.:.;Ic.L1C��n .1 `ice+: .i' ��' ::.;+. <y�- / / �ri.��lcy�; � � ",�plllllidhuOE'tll;; ' ��`��. I � if : I,�X^�,.. , t .I: Y 1 � � '3 i - � - -------•,.....>,�s-- -- ..�::.._-- � ,, =�®tom �;-s �1�IV111 �11Ulru<`!� `� rs . • • � � ,.::.. ♦�•�•Ti•i'giT✓.�p4T•••�`� �.� .4: •'44❖: ���a��� • �•�•!%4�4.4 � • •.��� �•�.- b f �i,.1� :,,ds!� N • i i r• � vS•sd.�sF.�s•..!ecs:9!.OwA!...!.!.A.:d.!."'.'., :;:g3!���_ O.,•r� 00❖.❖.❖ - .�..� _. ��• �__ __ _ -- - _ _ --- ... - :_. ---x.6. B.i --- . N t�-. ' N n- `_N �.. __ _ - ;... n. _ -..._ __� :_Gi W :fi$ ti 4ii p o .. _..: --:. r- ::�: ._ — _�.. .._::- ._ :.:' ___ . -y W == :Ili Tii ... _ ., .. _ ..� il > � ':].' �? - - - - rs - _ - - _'_> _._ - ..-. : ..- ..- ..._. � ..�.- ti - - -- - - _c - c� — :_ _ .._ _ ._ _ .. .._ ... � - _ _ .. _:. __ _ _ _ _ _. T _ _ =q� _. _ _ _ _ . _. _.. - --- _ _ ;-_ = == = ,. = _ _ = -- =_ _ = __ l � e _. - _ ` _ - - __ - DU tQ. - .. .._ ._..+ ` ._ :: �_- -W - Jl Tn _ .- S =G D: A: C -_-.- n -._.. ti. _ - : .;-W =-_ W y _S = - _ _. . U .��_ .. � � Q�- �-� :.. �_ P 2 t4: P � O �� _: -� :. __ _SA :SA: _� _ - '-.:'. _ - -- _ _ _ _..- ___ _. _. _. __ __. — r c _ _._. __.. .. - _ _ __ .-. 1g .... :.. _. O .^ -_:-N N �'.:.._ �•t -ri- -_.:h N 1�. ai, N :_.- O:r\-- —.of !�[ ._-: :-N::. '. .:::: N fi. N:::=. :..._I: M r..-. `_�_ - _. _. —_ .:: .. _:'-m _: _pj -._: q p -._ �.= of oi. '...=..of Of �. '..: A O: -_'O O -.:_ .-..�0: .N �N:: N __ .N. :_ _ _ _ - _ __ : _ _ _ _: :Oi. _:. ==lO �n -:. J\ '- � n = J I�--_ J f` --- �O. �O — -�D :D- = t�..n. n ^:' .::n _V I� Imo- __ J _ _ _ :TO' __�O 20+00 21 +00 N01 REWSION I BY 22-F 00 IP 0610NEn IP nrswwN SRJ 24+00 25+00 Scale Date HORIZ t" _ �' MARCH vERT Zoos 1'=4' Project Number Contract 00455 No. DOE � 5411 53 I501 Merrimac Glyde •Suite 100 •Fort Worth, TX 76107 Tet: 817-335-U 21 • Fa>C 817-3S5-T437 BNSF RR INTERS �conlc PUMT �, �� I / I' • :/I I I' � • r •i .,. • ,. , - • � � � • i •' BENCHMARK I 1. CITY MON � 88218 ON THE NE CORNER OF SOUTH ADAMS ST ANO WEST CAPPS ST ON 1HE EAST CURB OF SOUTH ADAMS ST 33' NORTH OF THE NORTH CURB OF CAPPS ST 1N THE CENTER OF A 10' INLET 1' OF THE FACE OF CURB CITY MONUMENT SET 1N 7HE TOP OF THE CURB. ABBREV1A770N5 I ELEV = 679.44 BVCS BEGIN VERTICAL CURVE STATION BVCE 8EGlN VER7ICAL CURVE ELEVA170N EVCS END VER77CAL CURVE STA770N fVCE END VE7ZTTCAL CURVE ELEVA770N R S/ NAL �\ E cA rEs :CTIQN & CROSS —SECTIONS CONC PANELS— r CONC PANELS 12" HMAC 6.0' 7RANSITION RR TIES AID L(CkI�S coNC PUM RR TIES--1 I TRANSITION HMAC TRANSITION N07F- 12" MIN DEPTH HMAC STREET CROSS—SECTION A —A (N. T. S.) CONC PANELS 4' CONC SIDEWALK HMAC 7RANSITION 6.0' 12" �-- _ _ _ � s _ .,:; ,; - 1 NO1F I RR 71ES 72" MIN DEPTH HMAC: SIDEWALK CROSS—SECTION B—B (N. T.S.) �1 \\���1 OA PROJEC of T 1� CITY OF FORT WORTH, TEXAS zoostsl �e+�+lyi 2004 CIP — CONTRACT 53 SHEET a"-=�'"''I"'�E-S-i PROJECT ENGINEER LIPSCOMB STREET — BNSF CROSSING ' c3384 \�S ' EXHIBIT "A" of G`NA�a'��� �'u'•� DOT � 020 4$6S RRMP 343.52 1 \������ DATE ',..