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HomeMy WebLinkAboutContract 38246-SPE CIFICATIO "S & CONTRACT DOCUMENTS FOR CITY SEC RETA y 3<7"'~ CO NTRAC T NO . c,ot.: a SANITARY SEWER REHABILITATION CONTRACT LXIX (69) - P T 2 · .llY SECRETARY D.O.E. No. 5405 File No. X-19513 r n E. Fil E Sanitary Sewer Main M 244-~, ;-~;u .-.Ti 1.\J'S r ·op· y . , ._, :'>i-.J t !\. \.._. I 1\_. I \,., CLIENT DEPARTMENT WATER DEPT. PROJECT No. P258 541200 705170 091583 IN MIKE MONCRIEF M AYOR THE CITY OF FORT WORTH, TEXAS MAY2008 DAL E A. FISSELE R, P.E CITY M ANAGER G REG SIMMONS ACTING DIRECTOR OF TRANSPORTATION AND P UBLIC WORKS DE P ARTM E NT S. FRANK CRUMB, P.E. DIRECTOR OF WATER DEPARTME NT A. DOUGLAS RADEMAKER, P.E. OF ICIAl RECORD CITY SECRETARY FT.W RTH,TX DIRECTOR OF ENGINEERING DEPARTMENT Prepared by : TranSystems Corporation Consultants 500 West Seventh St., Suite 1100 Fort Worth, T exas 76102 02 -18-09 P03:48 IN [)ORIGINAL Official site of the City of Fort Worth, Texas CITY C OUNCI L AGENDA FoRr Wcrnn1 ~ COUNCIL ACTION: Approved on 2/3/2009 -Ord. No. 18470-02-2009 DATE: CODE: 2/3/2009 C REFERENCE NO.: TYPE: C-23330 LOG NAME: PUBLIC NON-CONSENT HEARING: 60CONT69P2 NO SUBJECT: Authorize a Contract with Conatser Construction TX , LP , i n the Amount of $1 ,391 ,744 .00 for Sanitary Sewer Rehabilitation Contract LXIX -Part 2 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council : 1. Authorize the transfer of $1,488 ,496.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund ; 2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Sewer Cap ital Projects Fund in the Amount of $1,488,496 .00 ; and 3. Authorize the City Manager to execute a contract with Conatser Construction TX , LP , in the amount of $1 ,391 ,744 .00 for the construction of Sanitary Sewer Rehabil itation Contract LXIX (69)- Part 2 . DISCUSSION: On January 20 , 2004 , (M&C No . C-19937) the City Council authorized the City Manager to execute an Engineering Agreement with TranSystems Corporation Consultants for the preparation of plans and specifications for Sanitary Sewer Rehabilitation Contract LXIX (69) V illage Creek Dra inage Basi n. The purpose of this project was two-fold : eliminate sanitary sewer overflows within the Village Creek Dra inage Basin and restore the max imum capacity of the existing Village Creek parallel interceptors . Part 2 of this project consists of the replacement of approximately 3 , 120 feet of existing 30 inch sewer main M-244-B with 48 inch pipe . This portion of the line has been out of serv ice due to a collapse in the line , reducing the overall capacity of the interceptor system . By returning this portion of M-244-B to serv ice , the full capacity of the parallel interceptors will be restored. The project was advert ised for bid on June 19 and 26 , 2008 , in the Fort Worth Star-Telegram . On October 23 , 2008 , the following bids were received : Bidder Amount Contract Time Conatser Construction TX, LP $1,391,744.00 180 Calendar Days Circle C Construction $1 ,394 ,995 .00 Jackson Construction $1 ,729 ,124 .00 Gin-Spen , Inc . $1 ,779 ,538 .10 Lewis Construction $1 ,888 ,050.00 ls .J. Louis Construction of Texas LP !$1,907 ,583.23 • Jo., i • ' In addition to the contract cost , $55 ,000 .00 is included for inspection , survey and material testing and $41,752 .00 is provided for project contingencies . M/WBE-Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by committing to 7 percent M/WBE participation and documenting good faith effort. Conatser Construction TX, LP, identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the areas identified did not submit the lowest bids . The City's goal on this project is 17 percent. The project is located in COUNCIL DISTRICTS 5, Mapsco 80Q, R and M . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval and completion of the above recommendations and the adoption of the attached appropriation ordinance , funds will be available in the current capital budget , as appropriated of the Sewer Capital Projects Fund. TO Fund/Account/Centers 1&2) P258 476045 7051700915ZZ 2.1 P258 531350 705170091552 2.1 P258 541200 705170110383 2.1 P258 541200 705170110384 2.1 P258 531350 705170110384 2.1 P258 531350 705170110385 $1,488,496 .00 $12 ,000 .00 $1,433,496 .00 $5,000.00 $8,000.00 $30,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 60CONT69P2 ORD .doc 60CO NT69P2MAP . gdf FROM Fund/Account/Centers 1) PE45 538040 0709020 $1,488,496.00 ~ P258 541200 705170091583 $1,391 ·744 ·00 Fernando Costa (6122) S . Frank Crumb (8207) David Cooper (8252) lV.lOC\., 1't::V lt::W .&. """0"" .... _ ..... -.. Official site of the "'rLy elf Fort Worth, Texas CITY COUNCIL AGENDA . -, fORT\VORTH ~ ; • • 'I COUNCIL ACTION: Approved on 2/3/2009 -Ord. No. 18470-02-: DATE: CODE: 2/3/2009 C REFERENCE NO.: TYPE: C-23330 LOG NAME: PUBLIC NON-CONSENT HEARING: SUBJECT: Authorize a Contract with Conatser Construction TX, LP, in the Amoun for Sanitary Sewer Rehabilitation Contract LXIX -Part 2 and Adopt Ap1 Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $1,488,496.00 from the Water and Sewer Fund to the · Projects Fund; 2 . Adopt the attached appropriation ordinance increasing receipts and appropriatic Capital Projects Fund in the Amount of $1,488,496.00; and 3. Authorize the City Manager to execute a contract with Conatser Construction T amount of $1,391,744.00 for the construction of Sanitary Sewer Rehabilitation Co , Part 2. DISCUSSION: On January 20, 2004, (M&C No. C-19937) the City Council authorized the City Mc an Engineering Agreement with TranSystems Corporation Consultants for the pre and specifications for San itary Sewer Rehabilitation Contract LXIX (69) Village Crr Basin. The purpose of this project was two-fold: eliminate sanitary sewer overflows withir Drainage Basin and restore the maximum capacity of the existing Village Creek p, Part 2 of this project consists of the replacement of approximately 3,120 feet of ex main M-244-8 with 48 inch pipe. This portion of the line has been out of service dl the line, reducing the overall capacity of the interceptor system. By returning this ~ to service, the full capacity of the parallel interceptors will be restored. The project was advertised for bid on June 19 and 26, 2008, in the Fort Worth Sta October 23, 2008, the following bids were received : Bidder Amount Co Conatser Construction TX, LP $1,391,744.00 180 Cal Circle C Construction $1,394,995.00 Jackson Construction $1,729,124.00 Gin-Spen, Inc. $1,779,538.10 Lewis Construction $1,888,050.00 S.J. Louis Construction of Texas LP $1,907,583.23 http ://apps .cfwnet.org/council _packet/mc _review.asp?ID= 10954&counci ... 2/4/2009 Jul .22. 2008 3: 15PM TranS Ystems CITY OP FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. I No.6319 P. 2/2 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER MAIN REHABILITATION Village Creek Drainage Basin Contract LXIX (69) -Part 2 (M-244B) D.O.E. NO. 5405 WATER PROJECT NO. P258 541200 705170091S83 BID RECEIPT DATE: 1:30 PM, August 7, 2008 ISSUED: July 22, 2008 Prospective bidders are hereby notified of the following : I. Sealed proposals wm be received at the Purchasing Office until 1 :30 PM, Thursday, August 7, 2008 2 . The bid o~ning is hereby poi:.iponed to August 7, 2008 3. All other provisions of the plans, specifications and contract documents for the project which are not express}y amended herein shall remain in full force and effect This Addendum No. l forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans .. Acknowledge receipt of this Addendum in the space provide below, in the proposal (page B 1-9) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification . RECEIPT ACKNOWLEDGED: A . Douglas Rademaker, P .E., Director /~) . ,• .··" By:-::::,,-.,;-.,.,c;-.,,c,µ.'---7~--+-7''----- ompany~ ~ db:rstw [ ~,X, r.f o -~-5. 2008 3: 44PM TranS Ys te ms CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 2 No.6504 P. 2/2 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER MAIN REHABILITATION Village Creek Drainage Basin Contract LXIX (69)-Part 2 (M-244B) D.O.E. NO. 5405 WATER PROJECT NO. })258 S41200 705170091583 BID RECEIPT DATE: 1:30 PM, August 14, 2008 ISSUED: August 5, 2008 Prospective bidders are hereby notified of the following : 1. Sealed proposals will be received at the Purchasing Office until I :30 PM, Thursday, August 14, 2008 2 .. The bid opening is hereby postponed to August 14, 2008 3 . All other provisions of the plans, specifications and contract docwnents for the project which are not expressly amended herein shall remain in full force and effect. This Addendum No. 2 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provide below, in the proposal (page B 1-9) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. RECEIPT ACKNOWLEDGED: A . Douglas Rademaker, P .E ., Director ~Aug. 1 • 2008 9:12AM TranSYstems No .6607 P. 2 • " /I J <', ·\ CITY OF FORT ·WORTB DEPARTMENT OF ENGINEERING . ADDENDUM NO. 3 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR \ SANITARY SEWER MAIN REIIABILITATION Village Creek Drainage Basin Contract LXIX (69)-Part 2 (M-244B) D~OX. NO~ 5405 WATER PROJECT NO. P2S8 541200 705170091583 .. JJID-.UCEDT DATE: 1:30 PM, September 4, 2008: ISSUED: Aaguat 12, 2008 Prospective bidders are hereby notified of the following: -.J.... '' 1. Sealed proposals will be received at the Purchasing Office 11I1til 1:30 P~ Thursday, Sq,t.ember 4, 2008. 2. The bid opening is hereby postponed to September 4, 2008 3. All other provjsions of the plaos, specifications and contract documents for the· project whiclt ate-not expressly· amaided hemn shaU remaiu in full force- aod effcct. This .Addendum No. 3 fuaos a part of 1be Contract Documents referenced above and modifies the Original Contract Documents and Plans. .Acknowledge moeipt of this Addendmn in ihe space provide below .. in the proposal (page Bl-9) and acknowledge receipt on the outer envelope of your bid. Failure to BQknowtedge receipt of this }\ddcodPm could subject the bidder to disqualification. RECED!r ACKNOWLEDGED: Sep . 2. 2008 2:16PM TranS Ys terns No .6811 P. 2/2 ·----------G-1.'.A'-()F-FQRT-WOR~H ...... · ··· --····· -··· ··· · ···-··· · DEPARTMENT OF ENGINEERING ADDENDUM NO. 4 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER MAIN REHABILITATION Village Creek Drainage Basin Contract LXIX (69) -Part 2 (M-244B) D.O.E. NO. 5405 WATER PROJECT NO. P258 541200 705170091583 BID RECEIPT DATE: 1:30 PM, October2~2008 ISSUED: September 2, 2008 Prospective bidders arc hereby notified of the following : I . Sealed proposals will be received at the Purchasing Office until I :30 PM, Thursday, October 2. 2008. 2 . The bid opening is hereby postponed to October 2, 2008. 3 . All other provisions of the plans, specifications and contract docwnents for the project which are not expressly amended herein shall remain in full force and effect This Addendum No. 4 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provide below, in the proposal (page B 1-9) and acknowledge receipt on the outer envelope of your btd. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification.. RECEIPT ACKNOWLEDGED: A.. DouglasRadcmakcr, P .E ., Director By:~ By: To~ s£okl ~cCc>osbu dMI.Yi lP ~ Gopal Sahu, P .E ., Project Manager ' ' 'i I i ! I I I I SeP.30. 2008 3:49PM TranSYs t ems CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 5 No.7192 P. 2/2 TO THE PLANS, SPECJFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER MAIN REHABILITATION Village Creek Drainage Basin Contract LXIX (69) -Part 2 (M-244B) D.O.E. NO. S405 WATER PROJECT NO. P2S8 541200 705170091583 BID RECEIPT DATE: 1:30 PM, October 23, 2008 ISSUED: SepteJUbeJ" 30, 2008 Prospective bidders are hereby notified of the following: 1. Sealed proposals will be received at 1he Purchasing Office umil 1:30 PM, Th'IW3day, October 23, 2008. 2. The bid opening is hereby postponed to October 23, 2008. . 3. The Project Manager for the City of Fort Worth h~ changed to David Cooper, P .E. (Wm:r Department). Mr. Cooper can be contacted at 817/392-8252. 4. All other provisions of 1he plans, specifications and CODttact docom.enfii fur the project which are not expressly amended herein shall remain in full force and effect. This Addendum No. 5 forms a part of the Contract Documents referenced above and JDOdifies the Original ContJ:act Docmn.cnts end Plans. Acknowledge receipt of this Addendum in the space provide below, in the proposal (page Bl-9) and acknowledge receipt on 1be outer envelope of your bid. Feil.me to acknowledge receipt of this Addendttnl could subject the bidder to clisqu.elification. RECEIPT ACKNOWLEDGED; A. Douglas Rademaker, P .E., Director B~- ,-uu.,I,HU-1;~cCcostrt 1d:an "TJ,tf>David Cooper, P .E.., Project Manager CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. 6 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER MAIN REHABILITATION Village Creek Drainage Basin Contract LXIX (69) -Part 2 D.O.E. NO. 5405 WATER PROJECT NO. P258 541200 705170091583 BID RECEIPT DATE: 1:30 PM, October 23, 2008 ISSUED: October 20, 2008 This Addendum No. 6 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the revised proposal (page Bl-9R) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. The Plans, Specification and Contract Documents for SANITARY SEWER MAIN REHABILITATION - Village Creek Drainage Basin Contract LXIX (69)-Part 2, are hereby revised by Addendum No. 6 as follows: PLANS 1. Delete plan sheets 1-17 in their entirety. Replace with attached sheets IR, 2-4, 5R-12R, 13, 14, 15R, 16R and 17R. 2. Use the following special instructions for bypass pumping around the existing diversion structure at Station 61+19. 10/20/08 a. The Contractor shall use the maximum wet weather event pipe capacity of 53 mgd to bypass flows from sanitary sewer M -503 and M-244B upstream of the diversion structure. Flow rates during dry weather have not been determined, but will be lower. The maximum wet weather flows for sewer M-503 and M-244B are based on record drawings pipe capacities. The above mentioned flows for each sewer are indicated on sheet 12R (plan view). b. The Contractor shall keep wastewater below the pipe crown for sanitary sewer M -503 and M-244B upstream of the project. The contractor is allowed to surcharge the downstream sanitary sewers under the direct supervision of" The Engineer." The maximum downstream wet weather pipe capacities are estimated at 42 mgd. The flows for each sewer are indicated on sheet SR (profile view). c . The Contractor will be allowed to discharge bypassed wastewater to M-244B at station 60+60BK and M-503 at 84+09 downstream of the proposed diversion structure. All bypass pumping operation shall be approved by "The Engineer." A map of the system is located on plan sheet 3 . d. The Contractor shall be responsible for all consequences of overflows resulting from construction activities and bypass pumping including, but not limited to, clean up costs, fines, etc. I of2 Addendum No .6 SPECIFICATIONS 1. Delete Part B -Proposal in its entirety and replace with the attached Part B -Proposal (page B 1-1 R to Bl-9R). 2 . Add Item 4. Vertical Stop Log Height Requirement to Part DA-Additional Special Condition, DA 123 Stop Logs Assemblies B. Products (page ASC 45). This item shall state: · "4. The Contractor shall supply 12 vertical feet of stop logs for this project to fit the dimensions stated on plan sheets l SR and l 6R. These stop logs will be used to fill two of the three stop log slots in the Diversion Structure at Station 61+ 19." 3. Use Fort Worth General Contract Document specification El-7 Ductile Iron and Grey Iron Fittings and El-32 Pressure Class Ductile Iron Pipe. Ductile iron pipe is used for proposed 48" sanitary sewer as indicated on plans sheet SR and 6R. Ductile iron pipe is also used for the City of Dalworthington Gardens 12" water line on plan sheet 6R. 4. Use Fort Worth General Contract Document Figures 9 -Horizontal Blocking Detail and Horizontal Blocking Table, and Figure 11 -Vertical Blocking Detail for the relocation of the City of Dalworthington Gardens 12" water line on plan sheet 6R. All other provisions of the addendums, plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non- responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. S. Frank Crumb, P .E., Water Department Director B~--- ny:{1YXtl:\s.£r-Orr:ehLLC;t ,·~TJ1L.f David Cooper, P.E., Project Manager 10/20/08 2 of2 Addendum No.6 TABLE OF CONTENTS Part A -Notice to Bidders Special Instructions to Bidders (Water Department) City of Fort Worth Minority/Women Business Enterprise Policy SRF Funding 0 Contract Conditions 0 Contractor 's Act of Assurance 0 Contractor's Act of Assurance Resolution Part B -Proposal Part C -General Conditions Part Cl -Supplementary Conditions to section C Part D -Special Conditions Part DA -Additional Special Conditions Certificate of Insurance Part F -Bonds (City of Fort Worth) 0 Performance Bond 0 Payment Bond 0 Maintenance Bond Part G -Contract (City of Fort Worth) Appen di x A -Eas em ents and Permits A ppendix B -Miscellaneous Fort Worth Standards Appendix C -Miscellaneous G:\FW03 \00591Specs\Part 2\TC.doc TC -1 Part A -Notice to Bidders NOTICE TO BIDDERS Sealed proposals for the following For: Sanitary Sewer Rehabilitation Contract LXIX (69) -Part 2, D.O.E. No. 5405 Water Dept. Project No. P258 541200 705170091583 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., Thursday, July 24, 2008, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans 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 will be provided for a fee of thirty dollars ($30.00), such deposit being non-refundable. Additional sets may be purchased on a nonrefundable basis for thirty dollars ($30.00) per set. There will be a pre-bid conference July 8, 2008 at 11:00 am, in the Transportation and Public Works Conference Room No. 270, 2°d floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The major work on the above project shall consist of the following: 10 EA 450 LF 797 LF 333 LF 1743 LF 1 EA 5' Diameter Manholes 48-inch DI Sanitary Sewer by Open Cut 48-inch Sanitary Sewer by Open Cut 42-inch Sanitary Sewer by Open Cut 36-inch Sanitary Sewer by Open Cut Junction Structure Bid security is required in accordance with the Special Instruction to Bidders. 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 maybe rejected as being non-responsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-392-7910. The Affidavit Statement of the City of Fort Worth Minority and Women Business enterprises Specifications must be submitted with the bid at the time of bid opening. Failure to submit the affidavit statement with the bid shall result in the rejection of the bid as non-responsive. For additional information concerning this project, please contact Gopal Sahu, P.E., City Project Manager, at 817-392-7949 or Kent Lunski, P.E. (Project Manager), at 817-339-8950. Advertising Dates: June 19. 2008 June 26. 2008 Fort Worth , Texas G:\FW03\0059'Specs\Part 2WB 59.doc NB-1 PART A -COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: For: Sanitary Sewer Rehabilitation Contract LXIX (69) -Part 2, D.O.E. No. 5405 Water Dept. Project No. P258 541200 705170091583 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., Thursday, July 24, 2008, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans 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 will be provided for a fee of thirty dollars ($30.00), such deposit being non-refundable. Additional sets may be purchased on a nonrefundable basis for thirty dollars ($30.00) per set. All bidders will be required to comply with Provisions 5159a of''Vemon'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. There will be a pre-bid conference Tuesday, July 8, 2007 at 11:00 am, in the Transportation and Public Works Conference Room No. 270, 2nd floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The major work on the above project shall consist of the following: 10 EA 450 LF 797 LF 333 LF 1743 LF 1 EA 5' Diameter Manholes 48-inch DI Sanitary Sewer by Open Cut 48-inch Sanitary Sewer by Open Cut 42-inch Sanitary Sewer by Open Cut 36-inch Sanitary Sewer by Open Cut Junction Structure Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. The improvements included in this project must be performed by a contractor who is pre- qualified by the Traffic Department at the time of bid opening. The procedures for pre-qualification are outlined in the "Special Instructions to Bidders (Transportation and Public Works)". The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AW ARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD F AlTH 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 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. G:\FW03\0059\Specs\Part 2WB2 59.doc CNB-1 PART A -COMPREHENSIVE NOTICE TO BIDDERS Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders shall submit complete specifications book or risk rejection of bid. In accord with the City of Fort Worth Ordinance, No. 15530, the City of Fort Worth has goals for the participation of minority 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, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentationn), as appropriate, must be received by the contracting department no later than 5:00 PM, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contracting department to whom the delivery was niade. Such receipt shall be evidence that Documentation was received by the City. Failure to comply shall render the bid non-responsive. The Managing Department for this project is the Department of Engineering. For additional .information concerning this project, please contact Mr. Gopal Sahu, P.E., City Project Manager, at 817-392-7949 or Kent Lunski, P .E. (Project Manager), at 817-339-8950 . Dale A. Fisseler, P .E. City Manager Marty Hendrix City Secretary A. Douglas Rademaker, P .E., Director Department of Engineering :./ Advertising Dates: June 19, 2008 June 26, 2008 Fort Worth, Texas G:\FW03\0059\Specs\Part 2WB2 59.doc CNB-2 Special Instructions to Bidders (Water Department) SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION RE QUIREMENTS : All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification . b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened , and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received . Failure to notify shall not be a waiver of any necessary prequalification . 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond , the surety must be authorized to do business in the state of Texas. In addition, the surety must ( 1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal la w; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a re insurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qua lify as a surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its so le discretion, will determine the adequacy of the proof required herein . 3 . BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required , Reference C 3-3 .7 . 4. WAGE RATES: Section C3-3.I3 of the General Conditions is deleted and replaced with the following: 06/04 /03 (a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents . (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions ofD-3 Right to Audit pertain to this inspection. ( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6 . BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state , but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25 ,000.00 or less , the contract amount shall be paid within forty- five (45 ) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees , program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees , subcontractors , program participants, or persons acting on their behalf, shall specify, in solicitations or 06 /04 /03 advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comp ly with the po licy 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. I 0. DISABILITY : In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors . Contractor warrants it will fully comply with AD A's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WO MEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary . The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m ., five (5) City business days after the bid opening date . The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made . Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local Jaws 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 Jess than three (3) years . 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a . The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City . d. The warranty period shall begin as of the date that the final punch list has been completed. 06/04/03 e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities , or (ii) liquidated damages , city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages , the parties shall attempt to resolve the differences within 30 calendar days. 06/04 /03 City of Fort Worth Minority/Women Business Enterprise Policy FORTW"ORTH -._,, e·,_,. . City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25 ,000 , the M/WBE oal is not applicable . POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE ) in the procurement of all goods and serv ices to the City on a contractual bas is. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid . M/WBE PROJECT GOALS The City's M/WBE goal on this project is ___ 1.:...:7_% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25 ,000 or more , bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. 1. Subcontractor Utilization Form , if goal is received by 5:00 p.m ., five (5) City business days after the bid met or exceeded : opening date , exclus ive 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 pa rti cipation is less than opening date , exclus ive of t he bid opening date . stated goal : 3. Good Faith Effort and Subcontractor received by 5:00 p.m ., five (5) City business days after t he bid Utilization Form , if no M/WBE participation: opening date , exclus ive of the bid opening date . 4. Prime Contractor Waiver Form , if you will received by 5:00 p.m., five (5) Ci ty business days afte r the bid perform all subcontractinq/supplier work : opening da te, exclusive of the bid opening date . 5. Joint Venture Form , if utilize a joi nt ventu re rece ived by 5:00 p.m ., fi ve (5) City bus iness days after the bid to met or exceed qoal. openinq date , exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions , please contact the M/WBE Offi ce at (817) 392-6104. Rev. 11/11 /05 FORT WORTH -~ PRIME COMPANY NAME: City of Fort Worth /0 Subcontractors/Suppliers Utilization Form ~--r 'o ATIACHMENT 1A Page 1 of 4 Check applicable W,ock to describe prime v{.;v-J-ion T L f 0 SANITARY SEWER REHABILITATION CONTRACT LXIX (69)-Part 2 City's M/WBE Project Goal: 17% Prime 's M/WBE Project Utilization : J(,U J D.6 "lo PROJE NUMBER Water Dept. Project No. P258 541200 705170091583 Identify fill subcontractors/suppliers you will use on this project Failure to complete this form , in its entirety with requested documentation , and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening , exclusive of bid opening date , will result in the bid being considered non-responsive to bid specifications . The undersigned Offerer agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule , conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqual ification 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 geograph ic area of Tarrant , Parke r, 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 suppl ier is considered 2 nd t ier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD . Certification means those firms , located or doing bus iness at the t ime of bid open ing w ithin the Marketplace , that have bee n dete rmin ed to be bonafide mi no ri ty or wome n businesses by the No rt h Cent ral Te xas Reg io nal Cert ifica t io n Age ncy (NCTRCA), or the Te xas Depa rtm ent of Transporta ti on (T X DOT ), hig hway d iv isio n. Disadvantaged Business Enterp ri se (DBE ) is sy no nym ous w ith Mi no rit y/Wo men Busin ess Enterpri se (M/WBE ). If hauling services are utilized , t he prime will be given cred it as long as th e M/WBE listed owns and ope rates at least one fully lice nsed and ope rational truck to be used on th e contract. T he M/WBE may lease trucks fro m another M/WBE firm, inc lud ing M/WBE owne r-ope rat ors, and rece ive f ull M/WBE cred it. T he M/WBE may lease trucks fro m non-M/WBEs , inc ludi ng owne r-operato rs , but will only receive credit for th e fees and commissions earned by the M/WBE as out li ned in the lease agreemen t. Rev. 5/30/03 FORT WORTH ---...,..---ATTACHMENT 1A Page 2 of 4 Primes are required to identify A LL subcontractors/suppliers, regardless of status ; i.e ., Minority , Women and non-M/WBEs. Please list M/WBE firms first , use additional sheets if necessary. Certification N (check one ) 0 n I O'Q~tail SUBC O NT RACTOR/SUPPLIER T N T Detail Com pany Name i C X M Subcontracting Work Supplies ~il tc~ased Dollar Amount Address e M w T D w Pol . Telephone/Fax r B B R 0 B E E C T E l5'3 A Ou , -, ('l{ c..-~i y\9 ~ ~oG~~ ROBERT GRANADOS TRUCKING Hew .. , Dff-'1)) ( -b $f ~ 7~o.CD 4 608 Sand age I ,/ Su< p)LAS Fo rt Worth , Texas 76 115 (8 17) 87 5-2400 $ 2>Y .~co.oo $Ll,<l18L,'D. oo COWTOWN REDI -MIX ~ nc,r-e.. + e.., $ 5g- 1 1 Cl).DO PO Box 162 32 7 I v V t2eo1·, 01~)( Fort Worth , Texas 76 16 1 V (8 J 7) 7 59-1 9 19 f (8 17) 7 59-) 7 ) 6 TruBlu e Servi ces , LLC H 'I ol w mu. \t Y\ $ 3 J.._(X), C) 0 I 87 16 S . Wa ter Tower Rd . J ~-e. ed \~ Fort Worth , Texa s 76 179 v phone : 8 17-9 17-32 38 -rv MJ PIPELINE INSPECTION , INC -;:-v,SpQ c;J < t7Y') $4>y w -oo PO Bo x 851 I v o!-Liy,e$ Granbury, TX 76048-0851 Melody Bende wald (817) 946-1126 --:Pi~) ~i\li(~ SQ. 5 1.t>a 3[:D .oo ~O\' 1)-Q~ NATIONAL WATERW ORKS I I/ PO Bo x 840700 V Dallas, Texas 75284 (800) 252-1557 r\ on°' s ~;?-e. u... s~ r-Pi~,(;+h~ oO l LI\~ ~,C'nei I V ~ V ()\ HQ ~ $L/ gt,o .).ci. H--<Ju <;.-t DY) ,-r ;< ,1013 ~ ;;)-81-13d)~ ;}'<)-U'O {::::o.-f. -;).$1-S)l~-1115 Rev. 5/30/03 fORTWORTH ----,.---ATTACHMENT 1A Page 3 of 4 Primes a re required to identify ALL subcontractors/suppl iers , regardless of status; i.e ., Minority , Women and non-M/VVBEs . Please list M/VVBE firms first , use add iti onal sheet s if necessary . Certification N (check one ) 0 n SUBCONTRACTOR/SUPPLIER T N T Deta il Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D V\ Telephone/Fax r B B R 0 B E E C T E A Rev. 5/30/03 FORT WORTH ~ ....,_n -u Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers t'Ol :53 $ $ ATIACHMENT 1A Page 4 of 4 0{So, O lRD·oO .J ,iv t 4 lJ 1 3 J-°l , ob TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ B ,;_;-. 9 oD q . ··J ~2 ·;~ V 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 resu lt 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 comm itted M/WBE goal. If the detail explanation is not submitted , it will affect the final compliance determination . By affixing a signature to t his form , the Offerer further agrees to provide , directly to the City upon request , complete and accurate information regard ing actual work performed by all subcontractors , including M/W/DBE(s) arrangements submitted with the bid . The Offerer also agrees to allow an audit and/or examination of any books , records and files held by their company . The bidder agrees to allow the transmission of interviews with owners , principals , officers , employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract , by an authorized officer or employee of the City . Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating act ion under Federal , State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from part icipat ing in City work for a period of time not less than one (1 ) year . Printed Signat u(e Co :ood:S .Q C C.00 s+11 1 c±,e-q -rx, LP Company Na me ----G_ontact ~ame/Titl e (i f diffe re nt) I'-, -fhtll\.e. r~~. z n ~~4,J,l../3 '6 ll-5 3 y -455 ~ Telepho ne a nd/or Fa x Add ress C ity/State/ip Da te I l Rev . 5/30 /03 FORTW"ORTH --. w· _. City of Fort Worth Prime Contractor Waiver Form ATIACHMENT 18 Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON -M/W/DBE SANITARY SEWER REHABILITATION CONTRACT LXIX (69)-PART 2 BID DATE City's M/WBE Project Goal: PROJECT NUMBER Water Dept. Proj ect No . P258 541200 705170091583 17% If both answers to this form are YES , do not complete ATTACHMENT 1C (Good Fa ith 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 1C. This form is only applicable if .both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5) 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 s ize and scope of th is project, NO this is your normal business practice and provide an operational profile of your business . Will you perform this entire contract without suppliers? 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 inventory profile of your business . NO The bidder further agrees to provide , directly to the City upon request, complete and accurate info rmation regard ing actual work performed by al l subcontractors , includ ing M/WBE (s) on thi s co ntract , the payment therefore and any proposed changes to the or iginal M/WBE(s) arrangements subm itted with th is bid . The bidder also agrees to allow an audit and/or examinat ion of any books , records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract , by an authorized officer or employee of the C ity . Any in ten t ional and/or know ing mis rep resentat ion of facts w ill be grounds for termi nat ing the contract or debarment from City work for a period of not less than three (3 ) years and for init iat ing action under Federal , State o r Loca l laws conce rni ng false sta tements . An y fail ure to co mply w ith thi s ordinance creates a mate ri al breach of contract may resu lt in a dete rmina ti on of an irrespons ible offe ror and ba rred from partic ipa tin g in C ity wo rk for a peri od of time not less th an o ne (1 ) yea r. A uthorized S ig nature P rin ted Signature Title C ontact Name (if different) Comp any Name Phone Number Fa x Number Add res s Em a il Ad d ress City/St ate/Zip Date Rev . 5/30/03 FORTW"ORTH "'-, w __.. . PRIME COMPANY NAME: /) LD no PROJECT NAME : City of Fort Worth Good Faith Effort Form vu Lr ;0v--i T,; LP ATTACHMENT 1C Page 1 of 3 Check applicable block to describe M/W/DBE NON-M/W/DBE SANITARY SEWER REHABILITATION CONTRACT LXIX 69 -PART 2 PROJECT NUMBER City's M/WBE Project Goal : 17% Water Dept. Project No. P258 541200 705170091583 If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal , you must complete this form . If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud , intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects , list each subcontracting and or supplier opportunity through the 2"a tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 ATTACHMENT 1C 1 0 -2 3 Page 2 of 3 -oa p ort5,'no.l 2.) Obtain a current (not more than three (3) months old from ~e.("'bijt w en date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. UT Date of Listing O 5 I CJ7 I D8 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ~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 opened? ~S (If yes , attach list to include lli!fil! of M/WBE firm , person contacted, phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plyis and specifications in order to assist the M/WBEs? _V_Yes s __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the ev ent 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 addi ti onal sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ~I 0 a ii() I A 10 7~-A11thA Rev . 05/30/03 ADDITIONAL INFORMATION: ATIACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's E t rized gnature Printed Signa ~ ;:):) 1f\/l Q. J 'l?DS ~de n + Title Contact Name and Title (if different) Coeaj-g Y Coos±x:u d-iDv11X 1 Lf Company Name <g17-!S34-/743 Phone Number Fax Number :.p Q 'Bai I ':)l.{4g' I Je (('J; CV Com-!-SQf. Con ; ail Add ess 10/ a?;J oS' Address 1 1 ~ fottd w (}A:b 1 -ix I Lo 114 City/State/Zip Date 1 Rev. 05/30/03 FORT WORTH -"--•tt·-. CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered; use "NA" if applicable. Name of City project: SANITARY SEWER REHA BILITAT ION CONTRACT LXIX (69)-PART 2 Joint Venture Page 1 of 3 A joint venture form must be completed on each project RFP/Bid/Purchasing Number: -------------- 1. Joint venture information: Joint Venture Name: Joint V enture Address : (If applicable) Telephone : Facsimi le: E-mail address : Cellular: Identify the firms that comprise the j o int venture : Please attach ex tra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the ioint venture M/WBE firm I Non-M/WBE I name: firm name: Busin ess Address : Bu sin ess Addres s: C ity, State, Z ip : City, State , Z ip : Te leph o ne Facs im ile E -m ail Tele ph one Facs imile Cellul ar Cellular Certification Status: E -m ail ad dress Name of Certifying Agency: iW ' & "./ ... .,=,,"""_,. 2 S f cope o wor k per orme db th J . t V t iy e om en ure: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: Rev. 5/3 0/03 Joint Ventu re Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? ----------- 4. Attac h a copy of the joint vent ure agreement. 5. List components of ownership of joint venture: (D o not comp lete if this information is desc r ibed in joint venture agreement) Profit and lo ss sharin g: Capital contributions , including equipment : Other applic able ownership interes ts: 6. Identify by name, race, sex and firm those individuals (wi th ti tl es) who are respons ible for the day-to-day management and decision making of the joint venture: Financial d ecisions (to i ncl ud e Account Payable and Rece ivable): Manag em ent decision s: a. Estim atin g -----------------------------------------------b . M arketin g and Sales ----------------------------------------------- C. Hiring and Firing of management perso nn e l -----------------------------------------------d . Purchasi ng o f major equipment and/or supplie s Sup ervision of fie ld operation s The City 's Minority and Women Bus i ness Enterprise Office w ill rev iew your j o int ven tu re subm iss ion and w i ll have final approval of the M/WBE percentage applied towa rd the goal for t he proj ect listed on t his form . N OTE: From and after the date of proj ect award , if any of the participan ts , the ind ividually defined scopes of work or the do ll ar amounts/percentages change fro m the originally approved information , then the participants must inform t he City 's M/W BE Offi c e immediately for approval. Any unjustified change or delet ion shall be a material breach of co ntract and may resu lt in deba rm ent in accord with the proced ure s o utl in ed in the City's M/WBE Ordinance . Rev . 5/3 0/0 3 Joint Venture P 3 f3 age 0 AFFIDAVIT The undersigned affinns that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein . The City also reserves the right to request any additional information deeme d necessary to determine if the joint venture is eligib le . Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth . Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal , State and /or Local laws/o rdinances concerning false _ statements_ or_ willful misrepresentation_ of facts.-------------· -·--·--····--·-··-·-·----------------------------··-·-····-··-··-···-··-·-·····---·--·-····---······ Name ofM/WBE firm Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of __________________ County of ______________ _ On this _____________ day of ________ , 20 __ , before me appeared and -------------------------------------------- to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public _______________________ _ Pri nt Name Notary Public------------------------ Signature Commission Expires ________________________ _ (seal) Rev . 5/30/03 Part B -Proposal PART B -PROPOSAL -Sanitary Sewer Rehabilitation Contract LXIX (69) -Part 2, D.O.E. # 5405 TO: DALBA. FISSELER, P.E. CITY MANAGER FORT WORTH, TEXAS FROM: (Bidder's Name) Cooed$f a Cnns±Y::t..Lc.tl lDY1-::J:X L.P fD .~ f5 L.f u,, 9.u )Of.-1 ,bJX 7 Lt 11 °1 (Address) For: Sanitary Sewer Rehabilitation Contract LXIX (69) -Part 2 Sanitary Sewer Main 244B D.O.E. No. 5405 Project No. 00915 Water Dept. Project No. P258 541200 705170091583 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 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, the bidder is bound to execute a contract _and furnish Performance and Payment Bond approved by the City of Fo:rt;.. Worth for performing and completing the said work within the time stated and for the following sums to-wit: Sanitary Sewer Rehabilitation Contract LXIX (69) -Part 2, D.O.E. No. 5405 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price Sanitary Sewer Improvements 1. Bid-00226 115 LF Pipe Sewer-48-inch (all Depths) DI $ ~ 3 0. 60 $ 'I! '-1 50· ~ -Install l=o u r ~u .r-J d N d :th \{bi Dollars & NO Cents per LF 2 . Bid-00310 1180 LF Pipe Sewer-48-inch FGR (all $ 300. 00 $ ~5t/ ooo.d l Depths) -Install --rh,e e Uu NON-cl Dollars & ~Nl----'-O _______ Cents per LF 10/20/08 Bl-IR Addendum 6 'i Sanitary Sewer Rehabilitation Contract LXIX (69)-Part 2, D.O.E. No. 5405 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 3. Bid-00226 1967 LF Pipe Sewer-42-inch FGR (all $ ;).1-J'-/. OD $ 53i, '=t:fl. OD Depths) -Install J ll-00 ~L( JV QNci S evPnt-..1 ( ~U.y Dollars & N 0 Cents per LF 4 Bid-00302 61 LF Pipe Sewer-36-inch FGR (all $ ,;)_ ,'5{). D 0 $ l'J c25{),oCJ Depths) -Install ~o UueJdfecl [i.f-bf Dollars& NO Cents per LF 5. Bid-00952 5 EA Manhole -Type A Mod 5 Ft Diam $ 1'5 Doo.b 0 $ 75.COooo (to 6 Ft Depth) FRP Tee Base per Sheet 14 -Install ,:-;, f,ee>-J :ThouSa cd Dollars & NO Cents per EA 6. Bid-00952 6 EA Manhole -Type A Mod 5 Ft Diam $ ) lo coo. 60 $ q {p {X:D. ()() (to 6 Ft Depth) CIP Base per Sheet I I 17 -Install --.---: S ~ t< i e :e>-J I bouset n cl Dollars & NO Cents per EA 7. Bid-00953 91 VF Manhole -Type A Mod 5 Ft Diam $ -j__CQ oD $ % L/CDa5 Added Depth ( over 6 Ft Depth) -Lnstall -----W: L( ,J cl { -Qcl 1-ou r Dollars & tJO Cents per VF 10/20/08 Bl-2R Addendum6 Sanitary Sewer Rehabilitation Contract LXIX (69) -Part 2, D.O.E. No. 5405 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 8. Bid-00371 1 EA Sewer Special Junction Structure -$ l'~D 1ooD. oO $130,coo.oc atM-244-B Sta. 61+19-includes by-pass pumping-Install OtJ~ 8w~ cl t-ed--11--i i { ~} l\"\OUS,et Ad Dollars & t:JO Cents per EA 9. Bid-00201 3323 LF Inspection-Post Construction $ .3. OD $ ~ 9~9. 06 Cleaning and TV -Study I Jhr-ee Dollars & L'VD Cents per LF ·.~. 10. Bid-00217 12 EA Manhole Vacuum Test-Services ''$ 500,bD $ &,tooo6 I-iv~ Id L( A) d \'\Q.d Dollars& NO Cents per EA 11. Bid-00372 3323 LF Trench Safety System (5 Ft depth) $ ~. DD $ 131 :J.~. oc -Install -+-ou. v-- Dollars & . }')0 Cents per LF 12. Bid-00098 207 SY RipRap-Grouted-< 18 Inch Rock $ 1 :::,. oo $ I 5 S:5. tJb -Install SeJe.V)+i ~,' Je Dollars & l'V 0 Cents per SY 10/20/08 B1-3R Addendum 6 Sanitary Sewer Rehabilitation Contract LXIX (69)-Part 2, D.O.E. No. 5405 Pay CPMSRecord Approximate Units Description of Bid Item Prices Written in Words Unit Total Item Number Quantity Price Price 13. Bid-00841 35 LF Concrete-Encasement -48 inch $ d.00.60 $ I 60D.66 Sewer ~ Install -,WO ±1:vcJ d &c:J Dollars & No Cents per LF 14. Bid-00839 IO CY Concrete-Type E -Install $ 00 oo I . $ l, tx)Q.06 ONe__ LJ 1,c1JdNd Dollars & r..JO Cents per CY 15. Bid-01140 1 EA Structure -Diversion Structure At $ 5 ooo.00 $ 5 DoD,o 'lS ' Sta. 61 + 19 -Remove -. t:, J~. ft DI.A. SCI V1 d Dollars & pJO Cents per EA 16. Bid-00116 1 EA Manhole ~ Remove $ l~ too oo $ I \ t;()D {)"6 j b,.,)e lhou sa V'c:\ Dollars & Cents per EA 17. Bid-02001 1 LS SWPPP -Install $ cQ,ooo.0° $d CCX) D1) I -1ho\A~V\cl lLUO Dollars & "JO . Cents per LS 18 Bid-002002 7 EA Cut and Plug Sewer Line -Install $ \\'5oo. b () $ 10/~00 .. bO h{ie:€J-.J W.w~d f-ed Dollars & NO Cents per EA 10/20/08 Bl-4R Addendum 6 Sanitary Sewer Rehabilitation Contract LXIX (69) -Part 2, D.O.E. No. 5405 Pay CPMSRecord Approximate Item Number Quantity 19. Bid-00840 10 20. Bid-00147 600 21. Bid-00134 3400 22. Bid-01119 1000 23. Bid-00082 16 24. Bid-00199 1 10/20/08 Units Description of Bid Item Prices Written in Words CY Fill Material-Ballast Stone -Install ----fhi <'h ~ Dollars & '10 Cents per CY CY Topsoil -Install uy~e_ Dollars& ND Cents per CY SY Grass-Hydromulch Seeding - Install Oye_ Dollars & ,=:--,'f ±'=( Cents per SY SY Driveway-6 Inch Exposed Aggregate -Install --r;,N Dollars & NO Cents per SY LF Pipe -24 Inch-CL III -Install ON:t.., ill,Nc\Nid Dollars & I'\.] D Cents per LF EA Filter-Carbon Filter System Odor Control Unit -Install I wv=-rbau sg Y1d __________ Dollars & ~lv"""-0=-______ Cents per EA Bl-SR Unit Total Price Price $ 3[).D0 $ .~.DD $ .~.(;() $ \ r:gw.o"b $ , . 50 $ ~ 100.06 I $ JD . DO $/D QooD6 J $ 1 oo.00 $ l,(acD· OD $ c2 [j)D . w $ ;:;, Doo. (.)"!J I Addendum 6 25. Bid-00590 60 LF Pipe-Pressure-12 Inch -Install $ {",Q .oo $3 ftiY>•DS I s·,;r..+f Dollars & ,....JO Cents per LF 26. Bid-00541 2 EA Dehole-5 to 10 Ft Depth-Study $ 500.00 $ I oOD,0 0; I Ei ve_ Id uNd r eci Dollars & }'JO Cents per EA 10/20/08 Bl-6R Addendum 6 SUMMARY OF BIDS Total -Sanitary Sewer Improvements 10/20/08 Addendum 6 , . - PART B -PROPOSAL (Continued) Within ten (I 0) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project 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 terms of City Ordinance No. 7278 as amended by City Ordinance N o. 7400. The Bidder agrees to begin construction within_JQ_ calendar days after issue of the work order, and to complete construction within 180 calendar days as set forth in the written w ork order t o be furnished by the Owner. (Complete A or B below, as applicable): [] A. The principal place of business of our company is in the State of ___ _ [] Nonresident bidders in the State of , our principal place of business, are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached. [] Nonresident bidders in the State of ______ , our principal place of business, are not required to underbid resident bidders. _MB . The principal place of business of our company or our parent company or maj ority owner is in the Stat e of Texas. 10/20/08 Bl-8R A ddendum 6 ·,., Receipt is acknowledged of the following addenda: ./ Addendum No. 1 / Addendum No. 2 Addendum No. 3/ Addendum No. 4 / Addendum No. 5 .., Addendum No. 6 ,/ Addendum No. 7 (Seal) If Bidder Corporation , Jg CC i D'00-1$-Q ;::=l CGS; d ,p o:\- Address: f o .~7< l~t..fY R: F,£,. Lu o< ±:h, I K 1 lo I JC, 10/20/08 Bl-9R Addendum6 -'!" Part C -General Conditions PART C -GENERAL CONDITIONS TABLE OF CONTENTS Cl-1 Cl-1.1 Cl-1.2 Cl-1.3 Cl-1.4 Cl-1.5 Cl-1.6 Cl-1. 7 Cl-1.8 Cl-1.9 Cl-1.10 ' cl-1.11 Cl-1.12 Cl-1.13 Cl-1.14 Cl-1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl-1.19 Cl-1.20 Cl-1.21 Cl-1.22 Cl-1. 23 Cl-1.24 Cl-1.25 Cl-1.26 Cl-1.27 Cl-1.28 Cl-1.29 Cl-1.30 Cl-1.31 Cl.-1. 32 NOVEMBER, 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.l C2-2.2 C2-2.3 C2-2.4 C2-2.5 C2-2.6 Proposal Form Interpretation of Quantities Examination of Contract Documents and Site Submitting of Proposal Rejection of Proposals Bid Security ( 1) Cl-1 (1) Cl-1 (1) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 ( 3) Cl-1 (3) Cl-1 (3) Cl-1 ( 4) Cl-1 ( 4) Cl-1 (4) Cl-1 (4) Cl-1 ( 4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (5) Cl-1 (6) Cl-1 (6) Cl-1 (6) Cl-1 (6) Cl-1 ( 6) Cl-1 (6) C2-2 (1) C2-2 (1) C2-2 ( 2) C2-2 ( 3) C2-2 ( 3) C2-2 C 3) C2-2.7 C2-2.8 C2-2.9 C2-2.10 C2-2.ll C2:-2.12 C3-3 C3-3.l C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 c3-3. ro C3-3.ll C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-4 C4-4.l C4-4.2 C4-4.3 C4-4.4 C4-4.5 C4-4.6 C4-4.7 CS-5 CS-5.1 CS-5.2 CS-5.3 CS-5.4 CS-5.5 CS-5.6 CS-5.7 CS-5.8 CS-5.9 CS-5.10 CS-5.11 CS-5 .12 CS-5.13 CS-5.14 CS-5 .15 CS-5.16 CS-5.17 CS-5.18 Delivery of Proposal Withdrawing Proposals Telegraphic Modification of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders AWARD AND EXECUTION OF DOCUMENTS Consideration of Proposals Minority Business Enterpise Women-Owned Business Enterprise compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operations Progress Schedules for Water and Sewer Plant Facilities CONTROL OF WORK AND MATERIALS Authority of Engineer Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectification Work Field Office Construction Stakes Authority and Duties of Inspectors Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Cleanup Final Inspection ( 2 ) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (5) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (7) C3-3 (7) C3-3 (7) C3-3 (8) C4-4 Cl) C4-4 (1) C4-4 Cl) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 ( 4) CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS -5 CS-5 ( 1) ( 1 ) ( 2 ) ( 2 ) ( 3 ) ( 3 ) ( 3 ) ( 4 ) ( 5 ) ( 5) ( 5 ) ( 6 ) ( 6) ( 7 ) ( 7 ) ( 8 ) ( 8 ) ( 9 ) C6-6 C6-6.l C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.ll C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.l C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.ll C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8-8 C8-8.l C8-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment of Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to Na€ional Emergency Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities unit Prices ( 3 ) C6-6 Cl) C6-6 Cl) C6-6 (1) C6-6 (2) C6-6 (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (5) C6-6 ( 6) C6-6 (8) C6-6 (8) C6-6 (10) C6-6 (10) C6-6 (10) C6-6 (11) C6-6 (11) C6-6 (11) C6-6 (12) C6-6 (12) C6-6 (12) C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (4) C7-7 (4) C7-7 (4) C7-7 (5) C7-7 (6) C7-7 (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10) C7-7 (13) C8-8 Cl) C8-8 ( 1) ' ,,, \ .. CB-8.3 CB-a.4 ca-a.5 ca-a.6 C8-a.7 C8:-a.a ca-a.9 ca-a.lo C8-a.ll C8-a.12 ca-a.13 Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adquacy of Design General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents ( 4 ) ca-a Cl) ca-a c1> ca-a (2) ca-a c 3 > ca-a ( 3) ca-a c 3 > C8-a (4) ca-a <4> ca-a (5) ca-a ( 5) CB-a (5) PART C -GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS Cl-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: Cl-1.2 CONTRACT DOCUMENTS: .The Contract Documents are all of the written and drawn 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 PART B -PROPOSAL (Sample) (Sample) PART C -GENERAL CONDITIONS (CITY) PART D - PART E - (Developer) SPECIAL CONDITIONS SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT (Sample) (Sample) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and incl u de the following i tems: PART A -NOTICE TO BIDDERS (Advertisement) Same as above PART B -PROPOSAL (Bid) PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS /EASEMENTS PART F -BONDS PART G -CONTRACT PART H -PLANS (Usually bound separately) Cl-1 (1 ) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. Cl-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. Cl~l.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. Cl-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. Cl-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and Cl-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) Cl-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings , preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City . Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involvi n g the City of F ort Worth is by Char t er vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 CITY COUNCI L : The duly elected and qu alified governing body of t h e City of Fo r t Worth, Texas. Cl-1.14 MAYOR: Th e official l y e l ec t ed Mayor , or in hi s a bsen ce , t he Ma yor Pro tern of t h e City of Fo r t Worth, Te x as . Cl-1 .15 CITY MANAGER: Th e offici a lly appointe d and autho r iz e d C ity Ma na ge r o f th e City of Fort Worth, T e x as , or hi s duly author iz e d repres e nta t ive. Cl -1 .1 6 CIT Y AT TORNEY: Th e of fic i al ly appoint ed City At to r n ey o f t h e C ity of Fo r t Worth , T e x as, or his d uly a uth or i zed represe n tat ive . Cl-1 (3) Cl-1.17 DTRECTOR 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. Cl-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. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agerits, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. cl-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work~ acting directly or through a duly authorized representative. A sub-contractor is a person, firm,· corporation, or others under contract with the principal contractor, supplying labor and material~ or only labor, for work at the .site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all r~quirements as set forth in the Contract Documents and ~pproved changes therein. Cl-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor p~rmit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: Cl-1 (4) 1. 2. 3. 4. 5. 6. 7. 8. 9. New Year's Day M. L. King, Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall .be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - ASCE LAW ASTM AWWA ASA HI Asph. - Ave. Blvd. - CI CL GI Lin. lb. MH Max. American Association of MGD State Highway Transportation Officials American Society of Civil Engineers In Accordance With American Society of Testing Materials American Water Works Association American Standards Association Hydraulic Institute Asphalt Avenue Boulevard Cast Iron Center Line Galvanized Iron Linear or Lineal Pound Manhole Maximum Cl-1 (5) -Million Gallons Per Day CFS -Cubic Foot per Second Min. -Minimum Mono.-Monolithic % -Percentum R -Radius I.D. -Inside Diameter O.D. -Outside Diameter Elev.-Elevation F -Fahrenheit C -Centigrade In. -Inch Ft. -Foot St. -Street CY -Cubic Yard Yd. -Yard SY -Square Yard L.F. -Linear Foot D.I. -Ductile Iron Cl-1.27 CHANGE ORDER: A "Change Order" is a ~ritten supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was n6t specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined . as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface 1s any area except those defined above for "Paved Streets and Alleys." Cl-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. Cl-1.31 ROADWAY: parallel lines two (4') feet back of exists. The roadway is defined as the area between (2') feet back of the curb lines or four the average edge of pavement where no curb cl-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. Cl-1 (6) SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.l PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one Cl) 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 nat~re 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 Cl) 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 onli 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 aft~r 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 requi~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 promulgat~d-a~denda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and othe r data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which 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 Cher) or his Cher) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. 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 is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is award,ed or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business a~ 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 open_ing 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 Manag~r or his authorized representative at the time and olace 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.ll IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omi~sions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C -GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.l 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. until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (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) days after the date on which the proposals were~ opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to w1thholdfinal 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, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) -. bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph CS-8.10. c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulat~on or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner whi~h .are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and .have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days 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 fai.lure to execute said bonds and contract within ten (10) qays, 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. The filing of a proposal will be considered as an acceptance 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.ll 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) certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include . the· coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor sh~ll maintain, during the life of this .. contract, Workers' Co~pensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project unde r this co~tract 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. 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 $500,0.00 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 Contracto r 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 fallowing insurance: · ·· · ·.· 1. Contingent Liability (covers General C o n t r acto r's L iabi l ity f o r a ct s o f s u b -co n t r actors ). 2. Blasti n g , pr ior to any b las ting being don e . 3 . Co ll a p s e of buildings or structure s ad jac e nt to e xc a v at i on (i f exca va t i o n s are to b e performed adjacent to same). 4. Dam ag e to un derg r ou n d u t i l iti e s f or $50 0 ,000. C3-3 (5) e. f. ·. g. 5. 6. Builder's risk (where above-ground structures are involved). Contractual Liability (covers all indemnification requirements of Contract). AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and .maintain, ·during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insur~nce in an amount not less than $100,000. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and 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. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, 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 area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3 .. 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any .Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters 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 a n y other C3-3 (7) matter associated such as maintaining adequate and appropriate insurance o~ 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 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 imposed 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. C3-3 (8) SECTION C4-4 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.l INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in a n ticipated profits n or shall such changes be considered as C4-4 (1 ) 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 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 Cl) 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 i s 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 r e cords on the form and in the me t h od C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitrite Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimat~ after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compen~ation agreed upon for 'extra work' whether or not iniitiated by a 'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs 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 c h ange or extra wo r k. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing b y a straight line method the date of commencing and finishing each of the major elements of the contract. Ther e shall be also shown the estimated monthlv cost of work for which estimates are to be expected . The r ~ C4-4 ( 3) shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepar~d 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 approxim~tely fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f .. Thirty days shall be used for submittal review unless otherwise specified. The construction schedrile 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 ~hall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and mat~rials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. C4-4 (5) 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 pl~nt and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. <:4-4 (6) PART C -GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MATERIALS SECTION CS-5 CONTROL OF WORK AND MATERIALS CS-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, 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 promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner a?d Contractor, a written decision on the matter in controversy. CS-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5 (1) C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to de~cribe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall 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 Contra~t 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 Cbntract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of 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 work the constant attention necessary to facilitate the progress thereof and shall cooper~te with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintend~nt and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) 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. CS-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a respon~e shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. CS-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructe~, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. CS-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. CS-5 (3) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be establisped for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. CS-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 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 authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary 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 riot 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 h is decision on the matter in controversy. CS-5 (4) CS-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If. the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. CS-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: Al1 work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or ·any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and 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 defective or unauthorized work shall not constitute acceptance of such works. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the sa me function as that specified; and identifying all v ariations 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 indirectly employed by either of them from and against the claims, damaies, losses and expenses (including attorneys fees) arising out of the use of substituted materials or · equipment. CS-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary; such tests will be made at the expense of and paid for direct to .the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials ~hall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use 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 replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. CS-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 be placed on wooden platforms or other hard, clean durable surfaces and not on the CS-5 (6) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. CS-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such strucitures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he ~ay negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. CS-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. CS-5 (7) b. 2. Notify each customer personally through responsible personnel as to time and schedule of the interrup~ion 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 Phone Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settl~ 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. CS-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the CS-5 (8) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct iction, 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. · CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time .charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. CS-5 (9 ) PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.l LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or ·process, or any trade-mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6 Cl) 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-f6ur hours notice iri 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, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or 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 CG-6 ( 3) carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any 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 rai_lway 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 night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them 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) 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 iequired construction, the Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the 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 materiais involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) 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 complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall 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 as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Wher~ the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessa~y for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit 6f the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not ente~ upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvement~, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of 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 removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal , temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7) proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property 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 moriies due or to become due to the Contractor under this Contract. C6-6.ll 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 for the acts and omissions of its officers, agents, servants, employees, contractqrs, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or i~vitees, 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 officers agents, servants and employees for property damage or loss, and/or personal injuries, incl u ding death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees , whether or not caused, C6-6 (8) in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and d~es h ereby, indemnify and hold harmless Owner from and against a ny 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 fo r damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal t o the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by t h e Director . The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six mo n ths following th e d ate of the a cceptan ce of the work performed unless the Contractor submits evidence in wr i ti n g s a t i sfac tory t o t h e Director that: 1. The c l a im has b een settled and a re l eas e h a s be e n obtai n ed f rom t h e claimant involved, or 2. Goo d fa i t h e f fo rts have been ma d e to s e tt l e s uch outst a nding claim s , and s uch good faith ef f ort s hav e fa i led . I f cond i t ion (1) a bove i s period, t h e Directo r s h a l l th e Con t ractor b e ma d e . time withi n the six mon t h th a t th e final payme nt me t at any time within t h e si x mo nt h r e c o mm e nd t h at th e f inal p a ym e n t to If co ndition (2) a bove i s met at a ny pe r iod, the Dir e ctor may recomme n d to the Contractor be made. At th e C6 -6 (9) received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connecti9ns shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned 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. CG-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all exi~ting fire hydrant and/or valves is detailed in Section E2-l.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to 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 work or any part 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 subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 CH) 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 contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicat e d to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12) Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (13) PART C -GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.l SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or 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 dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely 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 brief outlining in detail and step by step the manner of C7-7 Cl) 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 all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the 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 time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 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 of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the . performance of the assigned duties . The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any por i ion of the work shall be such that no injury to the work, workmen or adjac ent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in Cl-1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginni n g work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Satur day, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Satu rday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. An y wo r k to be don e o n t he p r oje c t on suc h a speci fi c Sa t u rday , S unda y o r Leg al Holi da y mu st b e , in t h e opi ni o n of th e Engin eer , es s e nti al to th e time ly comple tion of t h e p r oj ect. T he En g ine er 's d e cision s hall b e fin a l in r e spon se to such a reques t for app r o v al t o wo rk on a sp e ci f ic Satur d a y, S u n d a y or L egal Holiday , a n d no ex t r a comp e n sa tion shall b e a llowed to t h e Co n tra c t o r for any work p erfo rmed on such a s p e c i f ic Satu rday , Su nda y or Le g a l Holi da y. Ca l enda r Da y s sh a ll b e defin ed in Cl -1.24 an d the Contr a c t or ma y wor k as h e so d es i r e s. C7 -7 (3) C7 -7 .7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commen c e the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall . be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized 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 . In adjusting the contract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be 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 by the failure of the City to provide information or material, if C7-7 (4) 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 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 gr'anted 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 suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 C7-7 (5) $ 500,001 to $1,.000,001 to $2,000,001 and over $1,000,000 $2,000,000 inclusive$ inclusive$ .... ;;;, 315.00 420.00 630.00 The parties hereto understand 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 incapabli or very difficult of accurate estimation, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.ll SUSPENSION BY COURT ORDER~ The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the 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. 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. During 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 necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to oroceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of mo v ing the equipment and no profit will be allowed. No reimbursement shall be allowed if t h e equipment is moved to another construction project for the City of Fort Wort h . The Contractor s hall not suspend work without written notice from the Enginee r and shall proceed with the work operations promptly when notified b y the Engineer t o so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing: giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, ·after investigations, the Owner finds that such conditions e x isting 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 a ·nd equipment within thirty days, the Contractor may request the Owner to termina ti: the cont r act and the Owner may comply with the r equest, and the termination shall be conditioned and based upon a fi n al settlement mutually acceptable to both the Owner a n d t h e Contracto r a nd final payment shall be made in accordance with th e terms of the agreed settlement, which shall include, but not be limi t ed t d , the paymen f for all w6rk e x ecuted b ut no anticipat e d profits on work which has not bee n perfo rmed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: Th e wo r k op e ra t i o ns o n a ll o r any por ti on or sec ti on o f th e wor k u n der Co ntract sha ll be s u s pen de d i mmediat e l y o n wr i t t e n o r d er of th e Engineer o r th e Co n t r -3.ct ma y be decl a r ed can cel led by t he City Counc i l fo r any good a nd s u ff i cient cau se. Th e follo wi ng, by wa y of ex a mple , but not o f l imitatio n , ma y b e c on si d e r e d grounds fo r suspension o r can ce ll a ti o n : a . F a ilur e of t h e Con t r a cto r to comm enc e wor k o per a tio n s w it h i n th e time sp e cifi ed in th e Wo r k Order i s s u e d b y the Owner. r..7-7 (7) b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work w~thin 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 insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good · any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. 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 the Owner. A copy of -the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is 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 t h e 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 howeve r , that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has b e en 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 Docume n ts. In case the Sureties do not, within the hereinabo v e specified 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 the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental t hereto. The expense so c harged shall be deducted by the Owner from su c h 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. T h e Owner shall not be required to obtai n the lowe s t bid for t h e work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case s u ch expenses shall exc eed t h e a mo un t which wo u ld have been payable under the Contract if t he s ame ha d bee n c ompl e ted by th e Con t r acto r , then t h e Con trac t o r an d h i s S ur et i e s shall pay t h e amou n t o f s uc h e xc ess to t h e C i ty on no t ic9 from th e Own er o f t h e e xce s s d ue . When a ny par ticular part of the wor k i s be in g c arri e d on by th e Own e r by c on t ra c t or ot h2rw i s e und e r th e provi s ions of thi s s ection, th e Contr a ctor s h a ll co n t i nu e t he re ma ind e r o f t he work i n con f o r mity w i th t he t er ms o f t he Contr a c t Doc uments a n d i:1 s uch a manner as t o not h i n der or i nte r fere wit h performa nc e of t he work by the Ow n er. C 7-7.15 FULFILLME NT OF CONTRAC T : The Co ntract wi l l be cons i dered as h a vin g b ee n fulfille d, s ave as p ro vid e d in a ny bond or b o nds or by law , wh e n al l t h e work and all sec t ions or pa r t s of the project cover e d by the Contract Documents have C7-7 (9) 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. B. 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 therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 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 (10) a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part 6f, 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 ~as 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 t h e list as submitted, shall be made prio r to final settlement. C. TERMINATION CLAIM: Wi t hin 60 days after n otice of termination, the Contractor shall s u bmit h is termination claim to the Engineer in t h e form and with the certification prescribed by t h e Engineer. Unless one or more extensions in writing are granted by the Own e r upon request of th~ Contractor, made in writing within such 60-da y period or a u thorized extension thereof, an y and all such claims s h all be co n clusivel y deemed wa i v ~d. C7-7 (11) D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any p~rt of the amount or amounts to 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 due 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 pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated 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 contract; and Cc) 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 Engineer a request in writing for an C7-7 (12) equitable adjustment of the price or prices specified in the contract relating to the continued portion of the ~on~ract (the portion n~t 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 the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES:· The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C -GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION ca-a MEASUREMENT AND PAYMENT ca-a.l MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. ca-a.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for .the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due 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. ca-a.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. ca-a.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 Cl) before its final acceptance by the Owner, (except as provided in paragraph CS-5.14) for all risks of whatever description connected with the prosecuti9n of the work, f or 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 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 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 1st and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed 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) him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities urtder the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance oE the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engin~er 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. C8-8 (3) The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the p~ovisions 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 toot conneGted with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations 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 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 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. CS-8.11 SUBSIDIARY WORK: Any and all work specifically governed by docume ntary 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 pro v ided 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 subsidlary work. CS-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of matarial will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscella n eous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. CS-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specificatione, plan$, addenda, modifications, shop drawings and samples at the site, in good order and annotated to s how all c h anges made duri n g the construction process . Th e se sh all be deli v e r ed to Engin e er u p on c o mplet ion o f t h e work . C8-8 (5 ) Supplementary Conditions to Section C - - - SECTION Cl: SUPPLEMENT ARY CONDITIONS TO PART C -GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the disco v ery 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" Re v ised 10/24/02 Pg. 1 E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants · or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. • F. INCREASED OR DECREASED QUANTITIES: Part C -General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1 ), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents-. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. Revised 10/24/02 Pg. 2 G. C3-3.11 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. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e . Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits , on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be_ responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Revised 10/24/02 Pg .3 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m . Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H . C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced w ith the following: I. The Contractor shall receive and accept the compensation as herein provided , in full payment for furnishing all labor, tools , materials , and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph 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 parti al estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materi als , or equipment, nor in any w ay prejudice or affect the obligations of the Contractor to repair, correct, r enew, or r eplace at his own and proper ex pense 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 b e the sol e judge of such defects , imperfections , or d amage, an d the Contractor sh all be li able to the Own er for fa il ure to correct th e same as prov ided h er ei n. C8 -8.10 GENERAL GU ARAN TY : Delete C8 -8.10, Ge neral Guaranty at page C8 -8( 4) is de leted in its entirety and re pl aced with th e follow ing : Nei th er th e fina l certi fica te of payme nt nor any provisi on in th e Co ntract Document s, nor part ial or entire occ up an cy or use of the premis es by the Owner sha ll constitute an accept ance of work not don e in ac cor danc e with the Contra ct Docu men ts or re lie ve the Co ntra cto r of li ab ili ty in res pec t to any ex press warr an ties or res p onsibi li ty for fa ul ty ma te ria ls or workm anship. The Contractor shall reme dy any defects or damages in the wo rk an d pay for any damage to oth er work or property res ulting the refrom whi ch sha ll ap pea r within a perio d of two (2) years from th e date of final acceptance of the work un less a longer perio d is spe cifie d an d sha ll fu rn ish a goo d and sufficien t maintenance bond in the amoun t of 100 percent of the amount of th e contract R ev i sed 10/24 /02 P g .4 which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the · specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: Revised 10/24 /02 Pg. 5 L. 1. P age C3 -3(3); the paragraph after paragraph C3-3.7d Other Bond s should be revised to r ead : In order for a surety to be acceptable to the City , the surety must (1 ) hold a certificate of authority from the United States sec retary of t he treas ury to qualify as a surety on obligations perm itted or required under federa l law; or (2) have obta ined reinsurance for any liability in excess of $100 ,000 from a reinsurer tha t is au t ho ri zed and adm itted as a reinsurer in the sta te of Texas and is t he holder of a cert ificate 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 a ny such reinsurance shall be provided to the City upo n request. The City , in its sole discretion , will dete rmin e the adeq uacy of the proof required herein . 2. Pg. C3 -3(5) Paragraph C3 -3.11 INSURANCE de lete subparagraph "a. COMP ENSATION INSURANCE". 3. Pg. C3 -3(6), Paragraph C3 -3. l 1 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". RI GHT T O AUDIT: Part C -General Conditions, Section C8 -8 MEASUREMENT AND PAYMENT, Page C8 -8 (5), add the fo ll owing: C8 -8.14 RIGH T 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 an d photocopy any directly perti nent books, documents, pap er s and record s of th e Contractor involving tran sactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and sh all b e provided ad equate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonabl e advance no t ice 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, unti l the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised 10/24/02 Pg. 6 - - 1. 50 copies and under -10 cents per page 2, More than 50 copies -85 cents fqr the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C -General Conditions , Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. 0. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. Revised 10/24/02 Pg. 7 P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: ( a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection. ( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs ( a) and (b) above. ( d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised 10/24/02 Pg. 8 - - Part D -Special Conditions PART D -SPECIAL CONDITIONS 0-1 GENERAL ............................................................................................................................ 3 0-2 COORDINATION MEETING ................................................................................................ 5 0-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ...................... 5 D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT ...................................... 7 D-5 CROSSING OF EXISTING UTILITIES ................................................................................ 7 D-6 EXISTING UTILITIES AND IMPROVEMENTS .................................................................... 8 D-7 CONSTRUCTION TRAFFIC OVER PIPELINES .................................................................. 8 D-8 TRAFFIC CONTROL ........................................................................................................... 9 D-9 DETOURS ......................................................................................................................... 10 D-10 EXAMINATION OF SITE ............................................................................................... 10 D-11 ZONING COMPLIANCE ................................................................................................ 10 D-12 WATER FOR CONSTRUCTION .................................................................................... 10 D-13 WASTE MATERIAL ....................................................................................................... 10 D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE ........................................................ 10 D-15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK ................................... 11 D-16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES .............................. 11 D-17 BID QUANTITIES .......................................................................................................... 11 D-18 CUTTING OF CONCRETE ............................................................................................ 12 D-19 PROJECT DESIGNATION SIGN ................................................................................... 12 D-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ........................................ 12 D-21 MISCELLANEOUS PLACEMENT OF MATERIAL. ......................................................... 12 D-22 CRUSHED LIMESTONE BACKFILL .............................................................................. 13 D-23 2:27 CONCRETE ........................................................................................................... 13 D-24 TRENCH EXCAVATION , BACKFILL, AND COMPACTION ........................................... 13 D-25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS .............. 14 D-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) .................. 15 0-27 SANITARY SEWER MANHOLES .................................................................................. 16 D-28 SANITARY SEWER SERVICES .................................................................................... 19 D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES .................. 20 D-30 DETECTABLE WARNING TAPES ................................................................................. 23 D-31 PIPE CLEANING ........................................................................................................... 23 0-32 DISPOSAL OF SPOIL/FILL MATERIAL ......................................................................... 23 0-33 MECHANICS AND MATERIALMEN 'S LIEN ................................................................... 23 D-34 SUBSTITUTIONS .......................................................................................................... 24 D-35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .............. 24 D-36 VACUUM TESTING OF SANITARY SEWER MANHOLES ............................................ 27 D-37 BYPASS PUMPING ....................................................................................................... 28 D-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 28 D-39 SAMPLES AND QUALITY CONTROL TESTING ........................................................... 30 D-40 TEMPORARY EROSION , SEDIMENT , AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................................. 31 D-41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES .......................... 32 0-42 PROTECTION OF TREES , PLANTS AND SOIL ........................................................... 32 D-43 SITE RESTORATION .................................................................................................... 32 0-44 CITY OF FORT WORTH STANDARD PRODUCT LIST ................................................ 33 D-45 TOPSOIL , SODDING , SEEDING & HYDROMULCHING ............................................... 33 0-46 CONFINED SPACE ENTRY PROGRAM ....................................................................... 38 D-47 SUBSTANTIAL COMPLETION INSPECTION/FINAL IN SPECTION .............................. 39 D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ........................ 39 D-49 CONCRETE ENCASEMENT OF SEWER PIPE ........................................................... .40 ..... 04/15108 SC-1 PART D -SPECIAL CONDIT IONS 0-50 CLAY DAM .................................................................................................................... .40 0-51 EXPLORATORY EXCAVATION (D-HOLE ) .................................................................. .40 0-52 INSTALLATION OF WATER FACILITIES ..................................................................... .40 52.1 Polyvinyl Chloride (PVC) Water Pipe .......................................................................... .40 52 .2 Blocking ....................................................................................................................... 41 52 .3 Type of Casing Pipe ..................................................................................................... 41 52.4 Tie-Ins ......................................................................................................................... .41 52 .5 Connection of Existing Mains ...................................................................................... .41 52.6 Valve Cut-Ins .............................................................................................................. .42 52 .7 Water Services ............................................................................................................ 42 52.8 2-l nch Temporary Service Line ................................................................................... .44 52 .9 Purging and Sterilization of Water Lines ..................................................................... .45 52 .10 Work Near Pressure Plane Boundaries ....................................................................... 45 52.11 Water Sample Station .................................................................................................. 46 52 .12 Duct ile Iron and Gray Iron Fittings ................................................................................ 46 0-53 SPRINKLING FOR DUST CONTROL ........................................................................... .47 0-54 DEWATERING ............................................................................................................. .47 0-55 TRENCH EXCAVATION ON DEEP TRENCHES ........................................................... 47 0-56 TREE PRUNING ........................................................................................................... .47 0-57 TREE REMOVAL ........................................................................................................... 48 0-58 TEST HOLES ................................................................................................................ 48 0-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION ........................................................................................................................ .48 0-60 TRAFFIC BUTTONS ..................................................................................................... .49 0 -61 SANITARY SEWER SERVICE CLEANOUTS ............................................................... .49 0-62 TEMPORARY PAVEMENT REPAIR .............................................................................. 50 0-63 CONSTRUCTION STAKES ........................................................................................... 50 0-64 EASEMENTS AND PERMITS ........................................................................................ 50 0-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING .................................................. 51 0-66 WAGE RATES .............................................................................................................. 51 0-67 REMOVAL A ND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 53 0-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) ............................................................................................................................. 53 D-69 COORD INAT [ON WITH THE CITY 'S REPRESENTATIVE FOR OPERATIONS OF EX ISTING WATER SYSTEMS ...................................................................................................... 55 0-70 ADD ITIONAL SUBMITTALS FOR CONTRACT AWARD ................................................... 56 D-71 EA RLY WARNING SY STEM FOR CONST RUC T ION ....................................................... 56 0-72 A IR POLLUTION W ATCH DA YS ....................................................................................... 57 0 -73 FEE FOR STR E ET USE PER MI TS AND RE-IN SPEC T IONS ............................................ 57 04/15108 SC-2 - PART D -SPEClAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C1 - Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C -General Conditions and part C 1 -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C -General Conditions and Part C1 -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: SANITARY SEWER REHABILITATION CONTRACT LXIX (69) -PART 2 D.O.E. NO. 5405 FILE NO X-19513 WATER DEPARTMENT PROJECTS NO. P 258 541200 705170091583 SANITARY SEWER MAIN 2448 FORT WORTH, TEXAS 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 specifyin g, 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 re quired by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work . This contract and project, where applicable , may also be governed by the two following published specifications, except as modified by these Special Provisions : 04115/08 SC-3 PART D -SPEClAL CONDITIONS 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth , Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL : A DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security , to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered . Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027 , Fort Worth , Texas 76102. B . WITHDRAWING PROPOSALS : Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals . After all proposals not requested for non- consideration are opened and publicly read aloud , the proposals for wh ich non-consideration requests ha ve been properly filed may, at the opt ion of the Owner, be returned unopened . C . TELEGRAPH IC MODIFICATION OF PROPOSALS : Any bidde r may modify his proposal by telegraphic communication at any t ime pr ior to the time set for open ing proposals , provided such telegraph ic communication is received by the Purchasing Manager prior to the sa id proposal opening time , and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraph ic communicat ion over the signat ure of the bidder was ma iled prior to the proposal opening time. If such confirmation is not received within forty-e ight (48 ) hours after the proposal opening time , no further consideration will be given to the proposa l. 04/15108 SC-4 - - - PART D -SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes , weekly meetings at the job site may be required to maintain the project on the desired schedule . The contractor shall be present at all meetings. D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81 , TWCC-82, TWCC-83 , or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project , for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees . This includes, without limitation, independent contractors, subcontractors, leasing companies , motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling , or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project , such as food/beverage vendors, office supply deliveries , and delivery of portable toilets . B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code , Section 401.011 (44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project , the contractor must, prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each pe rson providing services on a project , and provide the governmental entity: 1. A certificate of coverage , prior to that person beginning work on the pro j ect , so the governmental ent ity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and 04/15108 SC-5 PART D -SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G . The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 .011 (44) for all of its employees providing services on the project, for the duration of the project ; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project , for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b .) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6 . Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and 04/15108 SC-6 - - 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 compensat ion 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 . 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 iri at least 30 point bold type and text in at least 19 po int 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 worke rs' compensation insurance . Th is 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 rece ive info r mation on the legal requirement fo r coverage , to verify whether your employer has provided the required coverage , or to report an employer's failu re to provide coverage". D-4 COORDINATION WITH FORT WORTH WATER DE PARTM ENT Du ring the construction of th is project, it w ill be necessa ry to dea ctivate , for a period of t ime , exi st ing li nes . The Contractor shall be required to coordin ate wi t h t he W ater De partm ent to determi ne the best times for deactivat ing and act iva ti ng those lin es . D-5 CROSSING OF EXISTING UTILITIES W he re a proposed water line crosses ove r a sa ni tary se we r or sa nit ary se we r se rvic e line an d/o r proposed sewer li ne crosses over a water li ne a nd th e cl ea r verti ca l di stance is less t han 9 fee t ba rrel t o barre l, th e sa n ita ry sewe r or sa nit ary se wer se rvic e lin e shall be made w ate rti g ht or be 04/15108 SC-7 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 wrapp ing. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps . Backfill , fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work , the cost of which shall be included in the price bid in the Proposal for each bid item. D-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures . However, the Owner assumes no respons ibility for failure to show any or all of these st ructures 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 ut ility poles , gas lines , telephone cables , ut il ity serv ices , water mains , sanitary sewer lines , electrical cables , drainage pipes , and all other util it ies 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 uti lit ies 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 util ity or service line . He shall cooperate with the Owners of all util ities to locate existing underground facilities and notify the Engineer of any conflicts in grades and al ignment. In case it is ne cessary to change or move the property of any owner of a public utility , suc h property shall n ot be move d or interfe red wit h until orde red to do so by th e Eng ineer. The right is rese rv ed to t he owner of pub li c ut ili ties t o enter u po n th e li m its of the project for the pu rpose of maki ng su c h ch a nges or repairs of th e ir prope rt y tha t may be ma de necess ary by perfo rman ce of t h is con t ract. The ut ility lines an d co nd uit s shown o n th e plans are fo r informat ion only and are not gua rant eed by t he City of t he Eng ineer to be acc urate as to extent , locatio n, and depth ; they are shown on t he plan s as th e best info rm atio n avail able at t he ti me of design , from the owners of t he ut ilities involv ed and from evi dences foun d o n t he g round. D-7 CO NSTR UCTION TRA FFIC OVER PI PELINES It is appa ren t t h at cert a in c o nstruct ion ve hi cles could exceed t he loa d bea ring capac ity of the pip e u nder shallow bu ry cond itio ns . It will be th e re s pons ib il ity of the Contra ct or to protect both th e new 04/15108 SC-8 - - PART D -SPEClAL CONDITIONS line and the existing lines from these possibly excessive loads. The Contractor shall not , at any time, cross the existing or new pipe with a truck delivering new pipe to the site . Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed . It still is , however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. D-8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ," codified as Article 6701 d Vernon's Civil Statutes , pertinent sections being Sect ion Nos. 27 , 29, 30 and 31 . 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)392-8770] at or before the 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 requ ired specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construct ion 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 unt il 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 prov ision of the "City of Fort Worth Traffic Control Handbook for Cons t ruction and Maintenance Work A reas ." The lump sum pay item for traffic control shall cover design and / or installation , and ma intenance of the traffic control plan . (Contract 69 part 2 -M2448 is not located in a pub lic street. The Contractor sha ll coord inate access to the site w ith land owners . Coord in at ion is incidenta l to t he project.) 04/15108 SC-9 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 disposit ion of all materials to be removed . Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions , which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D-11 ZONING COMPLIANCE During the construction of this project , the Contractor shall comply with present zon ing requirements of the City of Fort Worth in the use of vacant property for storage purposes . D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction . D-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property . D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keepin g the project site in a neat and orderly condition is considered an inte gral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items . Clean up work shall be done as directed by the Engineer as the work progresses or as needed . If, in the opinion of the Engineer it is necessary, clean-up shall be done on - a daily basis. Clean up work shall include , but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents ' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment ( and all subsequent payments until completed) of the appropriate bid item( s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been compl eted . No more th an seven days shall elapse after completion of construction before the roadway, right- 04/1510 8 SC-10 PART D -SPECIAL CONDITIONS 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 furn ish a schedule outlining the anticipated time for each phase of construction with starting and completion dates , including sufficient time being allowed for cleanup. The Contractor shall not commence with water and/or sanitary sewer installation until such time that the survey cut-sheets have been received from the City inspector. D-16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures 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 , derricks, power shovels, drilling rigs, pile drivers , hoisting equipment or similar apparatus . The warning sign shall read as follows : "WARNING -UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." 2 . Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm , except back hoes or dippers , and insulator links on the lift hook connections . 3. When necessary to work w ithin six feet of high voltage electric lines , notification shall be given the power company (ONCOR) who will erect temporary mechanical barriers , de- energize the lines , or raise or lower the lines . The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCOR , and shall record action taken in each case. 4. The Contracto r is required to make arrangeme nt s with the ONCOR company fo r the temporary re location or raising of high voltage lines at the Contractor's sole cost and expense . 5. No perso n sha ll w ork wi th in si x feet of a hig h vo ltage lin e w ith ou t protecti on having been ta ke n as o ut lined in Pa rag raph (3). D-17 BID QUANTITIES Bid qu antiti es of th e v arious it ems in t he prop osa l are for comp ar iso n on ly and may not reflect t he act ual quantit ies . T here is no limi t to wh ic h a bi d ite m ca n be increased or dec rease d. Contractor shall not be ent it led to renegot iation of u nit pri ces regard less of t he final measured quant it ies . To the exte nt t hat C4-4 .3 co nflicts wit h thi s prov is ion, t his provi s ion co ntrol s . No cla im will be con s ide red for lo st or an ticip ated profit s based upon di ffe ren ces in es tim ated qu antit ies versu s act ual q ua ntiti es . 04/15108 SC-11 PART D -SPECI.AL 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 ac(;ordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts. The Engineer shall approve the exact locations and methods of mounting. In addition to the 4' x 8' project signs , project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades . Barricade signs shall be in accordance with Figure 30, except that they shall be 1 '-0 " by 2'-0 " in size. The information box shall have the following information: For Questions on this Project Call : (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 driveways , such sidewalks and/or driveways shall be completely replaced for the full existing width , between existing construction or expansion joints with 3000 psi concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504 . At locations where mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction , Item 502 . Payment for cutting , backfill , concrete , forming materials and all other associated appurtenances required, shall be included in the square yard price of the bid ite m for concrete sidewalk or driveway repair. D-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various b id items in the Proposal to establis h uni t prices for m iscellaneous placement of material. These materials shall be used on ly when directed by the Engineer, depending on field conditions . Payment fo r miscellaneous placement of material will be made for only that amount of material used , measured to the nearest one-tenth unit. Payment for miscellaneous placeme nt of material shall be in accordance w ith the General Contrac t Documents rega rd less of the actual amount used for t he project. 04/1510 8 SC-12 - - PART D -SPECIAL CONDITIONS 0-22 CRUSHED LIMESTONE BACKFILL Where specified on the plans or directed by the Engineer, Crushed Limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 -Materials and Division 2 Item 208.3 -Materials Sources. Trench backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill, Construction Specifications, General Contract Documents . Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials , Construction Specifications, and General Contract Documents. D-23 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2 :27 Concrete as base repair . Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION 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 materia l is obviously granular in nature , containing little or no plastic material , the Engineer may waive the test report requirement. See E 1-2 .3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back-fill material is not su itab le, at the direction of t he 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 obta ined from an approved source and shall cons ist of durable particles free of thin or elongated pieces , lumps of clay , soi l, loam or vegetable matter and shall meet the following gradation : 04/1510 8 SC-13 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 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 3 . TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2 .9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. 0698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The 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 w ill 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 un it price of $15 .00 per cubic yard . D-25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under t he 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 typ ical sections for Paveme nt and Trench Repair for Utility Cuts , Figures 2000-1 through 2000-3 . The resu lts of the street cores that were conduct ed on the project streets , to determine HMAC depth s o n exist in g streets , a re pro vi ded in these specifica ti ons a nd co nt ract docu ments. 04/15108 SC -14 - - PART D -SPEClAL 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 repa ir will not hold up if such strip of existing pavement is two (2) feet or less in width . Therefore , at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line .. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving . If paving conditions are not suitable for repaving , in the opinion of the Owner, the repaving shall be done at the earliest possible date . A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No . 3449 and/or Ordinance No . 792 to make ut ility cuts in the street. The Department of Engineering will inspect the paving repair after construction . This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering . 0-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL : This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to p rotect 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 san itary sewer line included in the project. B. STANDARDS : The latest vers ion of the U.S. Department of Labor, Occupational Safety and Hea lth Administ ration Standards , 29 CFR Part 1926 , Sub -Part P -Excavations , are he reby made a pa rt of this specifica ti on and sha ll be the mini m um gove rni ng require ments fo r tre nch safety . C . DEFINITIONS : 1. T RENC HES -A tre nch is re fe rred to as a narrow excavat ion m ade below t he surfa ce of t he ground in which t he de pth is greater th an th e w idth , wh ere the w idth meas u red at t he bottom is not greater tha n fi ftee n (15 ) feet. 2. BENCHI NG SY STEM -Be nch ing means exc ava ting t he sides of a t rench to form on e or a series of ho ri zo nt al ievel or st eps , usua ll y wit h vert ica l or near-vertical surfaces between levels. 04/15108 SC-15 PART D -SPECtAL 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 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 s hall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's reco m mendatio ns. Sta inless St eel manho le inserts shall be required for all pipe diameters 18" and greater. 3. LI FT HOLES : All lift holes shall be plugged with a pre-cast co ncrete plug . The lift ho le shall be se a led on the outs ide of the manho le with Ram-Nek or an approved equal sealant. The lift ho le shall be sealed o n the inside of t he manho le with qu ick setting cement grout. 4 . FINAL RIM ELE VATIONS: Manhole rims in parkways , lawns and other improved lands shall be at an e levation not more than o ne (1) nor less than one -half (1 /2) inch above t he surround ing g round. Backfill shall prov ide a un ifo rm slope from the top of manhole cas t ing 04/1 510 8 SC-16 - - PART D -SPECIAL CONDITtONS for not less than three (3) feet each direction to existing finish grade of the ground . The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regarded near the manhole. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade . 5. MANHOLE COVERS : All lids shall have pick slots in lieu of pick holes . Manhole frames and covers shall be McKinley, Type N, with indented top design , or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100-year floodplain and areas specifically designated on the plans . Certain teed Ductile Iron Manhole Lids and Frames are acceptable for use where locking lids are specified . 6. SHALLOW CONE MANHOLES : Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in accordance with Figure 105. All shallow cone manholes shall have a cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED. 7 . MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole . 8. EXTERIOR SURFACE COATING : Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy, Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness. 9. MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation , evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening , or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sect ions for a period of at least five years . B. EXECUTION: 1. INSTALLATION OF JOINT SEALANT : Each grade ad j ustme nt ri ng and manhole frame shall be sealed with the above-specified materials . All surfaces to be in contact with the j oint sealant shall be thoroughly cleaned of dirt , sand , mud , or other foreign matter. The manufacturer shall app ly a primer to all surfaces prior to installing the j oint sea lant in accordance with the recommendations. The protective wrapper sha ll remain on the joint sea lant until immed iately prior to the placement of the pipe in the trench .· After removal of 04/1 5108 SC-17 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 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 fin ished elevation . Allowances for the compression of the joint material shall be made to assure a proper final grade elevation . .... 3. EXPOSED EX TERIOR SURFACES : All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy . Kopper "Bitumastic Super Service Black "; Tnemec "46- 450 Heavy Tnemecol ", or equal , to a minimum of 14 mils dry film th ickness . 4. The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed w it h a 1 /2-inch thick coat of trowelable bitumastic joint sealant fro m 6-inches be low to 6-inc hes above t he joint. The coated joint shall then be w rapped with 6 mil plas t ic t o protect the sea lant from damage du ri ng backfilling . 04/15108 SC-18 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, 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 schedul in g 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 .1 5. 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 serv ic e 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 lin e 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 incidenta l four (4) feet of service line and all other associated appurtenances required shall be includ ed in the price bid for Sanitary Sewer Taps. E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service lin e . 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 th e length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as 04/15108 SC-19 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 locat ions 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 subm it all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that t he 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 AS .TM. C-425 with series 300 stainless steel compression straps . The Contractor shall remove the ex isting clean-out and plug the abandoned sewer service line. The con t ractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on pri vate property . Furthermore , the contractor shall utilize the services of a lice nsed plumber for all service line work on private property . Permit(s) must be obta ined from the City of Fort Worth Development Department for all service line work on private property and all work related to the service li ne 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 prov ided to the Engineer upon comple t ion of the sanitary sewer re-route . Payment for work and m ater ials such as backfi ll , removal of existing clean -out s, plugging t he abandoned sewer se rvic e lin e , doub le chec king th e grade of t he ins talled se rvi ce li ne , pi pe fi tt ing s , s urface res torat io n on pri vate p ro pe rt y (t o match exist ing), and all ot her associated wo rk fo r se rvi ce re pl ace men ts in excess of four (4) linear fee t s hall be in cl ude d in t he li nea r foo t price b id fo r san itary sewer service line rep lacem e nt on pr ivate property or p ubl ic ri ght of w ay . Pay men t for all w ork and mate ri al invo lvi ng th e "tap " shall be in cluded in the pr ice bid fo r san it ary sewe r se rvi ce tap s . D-29 REMO V AL , SALVAGE, AND ABANDONMENT O F EXISTI NG FA CI LITIES A ny re moval , sal v ag in g an d/o r aban do nm e nt of existi ng faci liti es w il l necessari ly be req u ired as sh ow n on the pl a ns , and/o r des cri be d in t hese S pecial Contract Docu me nts in add iti on to t hose located in t he fi e ld and ide ntifi ed by the E ngin ee r. Thi s wo rk s ha ll be do ne in acco rd ance with 04/15108 SC-20 - - 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. 0 . 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 vau lt 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 abando-ned 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 compat ible with the existing surrounding grade . G . ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete . Manhole top or cone section sha ll be removed to the top of the full barrel diameter section , or to point not less than 18 inches below final grade . The structu re 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 04/15108 SC-21 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 EX ISTING MAINS : At various locations on this project , it may be required to cut, plug , and block existing water mains/services or sanitary sewer ma ins/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 , abandon i ng 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 ex isting 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 determ ination that all exist ing service connectio ns have been relocated to the new main . Once this determination has been made , the ex ist ing ma in will be aband on ed as in dicated abo ve in Item I. 04/15108 SC-22 - 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 Water Safety Blue Sewer Safety Green Legends Caution! Buried Water Line Below Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18 inches between the tape and the pipe. Payment for work such as backfill , bedding , blocking, detectable tapes, and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D-31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors . Each joint shall be swept daily and kept clean during installation . A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage . D-32 DISPOSAL OF SPOIUFILL MATERIAL Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Engineering Department , acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering 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. 04/15108 SC-23 PART D -SPECIAL CO,NDITIONS 0-34 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal ", or "or approved equal" is used, it is understood that if a material , product, or piece of equipment bearing the name so used is furnished , it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City . If a product of any other name is proposed for use , the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal ", or "or approved equal " is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose . However, the Contractor shall have the full responsibility of proving that the proposed substitution is , in fact , equal, and the Engineer, as the representative of the City , shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions" shall be applicable to all sections of these specifications . 0-35 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A GENERAL: Prior to the reconstruction , ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe , slip-line , etc.), shall be cleaned, and a television inspection performed to identify any active sewer service taps , other sewer laterals and their location. Work shall consist of 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 clean i ng 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 sewe r cleaning balls or ot her equipment , wh ich cannot be collapsed , is used , special precautions to prevent flooding of the sewers and public or private property sha ll be taken. The flow of sewage present in the sewer lines sha ll be utilized to provide necessary fluid for hydraul ic cleaning dev ices whenever poss ible . 2. CLEANING PROCEDURES : The designated sewer manholes shall be cleaned us ing high- velocity j et equipment. The equipment shall be capable of removing dirt , grease , rocks , sand , and othe r materials and obstruct ions from the sewer lines and ma n holes . If c leaning of an entire section cannot be successfully performed from one manhole , the equipment shall be set up on t he other manhole and cleaning again attempted . If , again , successful 0 4/1 5108 SC-24 - - - ·- - PART 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 shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge , dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment , shall not be permitted. 4. All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City . 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES . 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection . B . EXECUTION : 1. TELEVISION INSPECTION : The camera shall be moved through the line in either direction at a moderate rate , stopping when necessary to permit proper documentation of 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 . 04/15108 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. Mark ing on the cab le, or the SC-25 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 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 . Upo n completion of review of the tapes by the Eng ineer, 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 INSP ECT ION OF SANITARY SEWERS: The cost for Pre-Construct ion Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised . The Contractor shall 04/15108 SC-26 - - - 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 . 04/15108 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 requ ired 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 (1 O"Hg -9"Hg) (SEC) Depth of MH . 48-lnch Dia . 60-l nch Dia . (FT.) Manhole Manhole 0 to 16 ' 40 sec. 52 sec . 18 ' 45 sec. 59 sec . SC-27 PART D -SPECIAL CONDITIONS 20' 50 sec. 65 sec. 22' 55 sec. 72 sec . 24' 59 sec. 78 sec . 26' 64 sec . 85 sec . 28' 69 sec . 91 sec. 30' 74 sec . 98 sec . For Each 5 sec . 6 sec . Additional 2' 1. ACCEPTANCE: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time. Any manhole, which fails to pass the initial test , must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above ...., until it has successfully passed the test. Following completion of a successful test , the manhole shall be restored to its normal condition, all temporary plugs shall be removed , all braces, equipment , and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT : Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material , labor, equipment , and all incidentals , including all bypass pumping, required to complete the test as specified herein . D-37 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the Contractor be permitted to discharge sewage into the trenches. Payment shall be incidental to rehabilitation or replacement of the sewer line. D-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction , ALL sect ions of sanitary sewer line s 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 tak en to protect the sewer lines from damage that might be inflicte d 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 04/15108 SC-28 - - 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 : 1. TELEVISION INSPECTION : The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute . Manual winches , power winches , TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line , telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized . All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed . Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection . Sanitary sewer mains must be laced with enough water to fill all low pints . The television inspection must be done immediately following the lacing of the main with no water flow. If sewer is 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 t he 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 . V IDEOTAPE RECORDINGS : The purpose of tape reco rd in g sha ll be to suppl y a visua l and audio record of pro bl em areas of the lines that may be replayed . V ideo tape reco rding 04/1 5108 SC-29 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 . D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS : The cost for post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Telev is ion inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analys is . The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection . The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents . All bypass pumping shall be incidental to the project. D-39 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish, at its own expense , certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto . B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City . C . Quality control testing of in-place material on this project will be performed by th e 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 con tractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be prov ided to the City by the Contractor for operations requiring testing . The Contracto r shall provide access and trench safety system (if required) 04/1510 8 SC-30 - liiiil PART D -SPECIAL CO,NDITIONS 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 so il erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no t ime 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 ope rations . 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 contaminat ion 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 Eng ineer 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 pollut ion-control measures current in accordance with the accepted schedule. Should seasonal cond it ions make such lim itat ions 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 ma n ner that will minimize the amo unt of se d iment entering st rea ms. 3 . Freq uen t fordi ngs of liv e st rea ms w ill n ot be permitted ; th erefore , tem pora ry bri dges or other stru ctures sha ll be used whe reve r a n apprec iable num ber of st re am cro ssings are necessary . Unless ot herwise app roved in writi ng by th e Engin eer, mec hanized equi pme nt shall not be ope rated i n li ve streams . 4 . When work areas or mate r ial sou rces are located in or ad jace nt to liv e strea ms , such area s s h all be separated from th e stream by a dike or ot he r barrie r to kee p sed ime nt fro m en te rin g a fl owing stream. Care sha ll be take n d uri ng t he con st ruct ion and re mo va l of su ch barriers t o minim ize th e mud dying of a st rea m. 5. All w at erways s ha ll be cleared as so o n as p racti c able of fal se work, pili ng , deb ris or other obstructi ons place d durin g const ru ction opera ti ons t hat are not a part of th e fin ished work. 04/1 5108 SC -3 1 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. D-41 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night , on weekends , and during holidays. The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction . Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-42 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors ' operations including lawns , yards , shrubs , trees , etc ., shall be preserved or restored after completion of the work , to a condition equal to or better than existed prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owne rs ' 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 t he Forestry Office at 817-392-5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the Internat ional Society of Arboriculture . Payment for negligent damage to public trees shall be made to the C ity of Fort Worth and m ay be w ithhe ld from funds due the Cont racto r by the Ci ty . To pre ve nt th e sp read of the Oak W ilt f u ngus , all wou nds on Live Oak and Red Oak trees shall be immed iately sea led usi ng a comme rcial prun ing pa int. No sepa rate pay me nt will be made for any of the w ork inv o lved for th is item and all cos ts in c urred w ill be co ns id ered a subsid iary cost of t he project. D-4 3 S ITE RESTORAT ION The co nt ractor s hall be respons ible fo r res to ring the s ite to o ri g ina l grade and co nditi on afte r completion of h is ope ratio ns s ubj ect t o app rov al of th e Eng in eer. The bas is fo r approv al by th e Engin ee r will be grade res to ratio n to p lu s min us one -te nth (0.1) of a fo ot. 04/15108 SC-32 - - - 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 Specifi cation. 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 04/15108 SC-33 PART D -SPECIAL CONDITIO,NS 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 Sodd ing 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 so il, 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 comp leted and shaped to conform to t he cross-section previously provided and existing at the time sodding operations we re begun . Any excess dirt from plant ing operations shall be spread uniformly over the adjacent areas or disposed of as directed by the · Engineer so that the completed surface wi ll present a s ightly appearance. T he sodded areas shall be t horoug hl y watered im med iate ly aft er t hey are planted and shall be s u bsequently watered at such t imes and in a manner and quantity directed by th e E ngineer u ntil completion a nd fi na l accept ance of the proj ect by the C ity of Fort Wo rt h . 3. SEED IN G DESCR IPTI ON : "Seeding " w il l cons ist of preparin g g ro und , p ro vi d in g a nd plan ti ng seed or a mixture of seed of th e kind spe ci fied along and ac ross s uch areas as may be des ign ated on th e Drawings and in ac co rd ance with t hese Specificat ions . MATER IA LS : 04/1510 8 SC-34 - - - - 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 Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (lbs.); Pure Live Seed (PLS) Dates Feb 1 to May 1 Mixture for Clay or Tight Soils (Eastern Sections) Bermudagrass 40 Buffalograss 60 (Western Sections) Buffalograss 80 Bermudagrass 20 Total : 100 Total : 100 Table, 120.2.(2)b Mixture for Sandy Soils (All Sections) Bermudagrass 60 Buffalograss 40 Tota l: 100 TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 Ma y 1 Annual Rye 50 T otal : 100 CONSTR UCTIO N METHO DS : After the des ignated area s have bee n com pleted t o th e lin es , grades , and cross-secti ons s ho w n on th e Draw in gs and as provi de d for in oth er item s of thi s Contract , seed in g of t he ty pe speci fi ed s ha ll be perfo rmed in acc ord a nce with th e requirement s here in afte r described. a. Wate ri ng . Seeded a reas sha ll be watered as directed by th e Engi neer so as to pre ve nt wash ing of t he slopes o r d islodgme nt of t he see d. 04/15108 SC-35 PART D -SPECI.AL 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 . The seed, or seed mixture , specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods , seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch . The planted area shall be rolled with a corrugated roller of the "Cultipacker" type . All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed to be seeded , shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened . After the watering, when the ground has become sufficiently dry to be loose and pliable , the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand , rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time , provided the specified 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 mini mum of six (6) inches in depth . The application of asphalt shall follow the last watering as rapidly as possible . Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300 , "Asphalts , Oils and Emulsions ". If the type of asphalt to be used is not shown on the Drawings , or if Drawings are not included , then MS -2 shall be used . Applications of the asphalt shall be at a rate of three-tenths (0.3) gallons per square yard . It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth. 04/15108 SC-36 - - - - - PART D -SPECtAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120 .2(2)a. The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4 . HYDROMULCH SEEDING : If hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS : FERTILIZER DESCRIPTION : "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications. MATERIALS: All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis . The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20- 0 or 16-5-8 or having the analysis shown on the Drawings. The figures in the analysis represent the percent of nitrogen, phosphoric acid, and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists . In the event it is necessary to substitute a fertilizer of a different analysis , it shall be a pelleted or granulated fertilizer with a lower concentration . Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS: When an item for fertilizer is included in the Drawings and proposal , pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work . Fertilizer shall be dry and in good physical condition . Fertilizer that is powdered to caked will be rejected . Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings , fertilizer shall be appl ied uniform ly at the average rate of three hundred (300) pounds per acre for all types of "Sodd ing" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topso il secured from borrow sources will be measured by the square yard in place on the project site. Measurement will be made only on topsoils secu red from borrow sources. Acceptable material for "Seeding " w ill be measured by the linear foo t, co m plete in p lace . 04/1 5108 SC -37 PART D -SPECIAL CONDITIONS Acceptable material for "Sodding" will be measured by the linear foot, complete in place. Acceptable material for "Fertil izer" 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 fo r 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, equ ipment , 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 "Seed ing", or "Sodding", of the type specified , as the case may be , wh ich price shall each be full compensation for furn ishing all materials and for performing all operations necessary to complete the work accepted as follows: Fert ilizer material and application will not be measured or paid for directly , but is considered s ubs id iary to Sodding and Seeding . D-46 CONFINED SPACE ENTRY PROGRAM It shall be t he 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 acti ve 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 t hese manholes . The cost of complying with th is program shall be subsidiary to the pay ite ms inv olvin g work in c onfi ne d s paces . 04/1510 8 SC-3 8 - - - 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 "CS-5.18 Final Inspection" of PART C -GENERAL CONDITIONS . D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, tree trunks, and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 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 C lass 5 1 0 .1. p ipe shall be utilized. 7. Except in areas whe re clearing is allowed, all trees up to 8" in diameter damaged during co nstructi on shall be removed and replaced with the same type and d iameter tree at t he contractor's expense . 8. Contractor shall employ a qualified landscaper for all t he work req u ired for tree care to ensure util izat ion of the best agricult u ral pract ices and procedures . 04/15108 SC -39 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 . 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 fill existing utilities prior to construction , in accordance with item D-6 . At locations identified on the drawings , contractor shall conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The 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 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 exp loratory excavatio n (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 mad e for exploratory excavat ion(s) conducted after construction has begun . D-52 INSTALLATION OF WATER FACILITIES 04/1 510 8 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 containe d in the General Contract Documents . Payment for work such as backfill , bedding , blocking , detectable tape s and all other associated appurtenant required , shall be included in the linear foot price bid of the appropriate BID ITEM(S). SC-40 - 04/15108 - 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 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe , and shall conform to the provisions of E1-15, E1-5 and E1 -9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects . The steel casing pipe shall be supplied as follows: For the inside and outside of casing pipe , coal-tar protective coating in accordance w ith 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 Campany or an approved equal shall be used on all non- concrete pipes when installed in casing . Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig . 110 of the General Contract Documents . 3 . PAYMENT: Payment for all materials, 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 responsib ility of the Contractor to verify the exact locat ion and elevat ion of t he existing line t ie-ins . And any differences in locations and elevat ion of existing line tie-ins between the contract drawings and what may be encountered in the field shall be cons idered as incidental to construction . The cost of making tie-ins to exist ing water or sanitary sewer mains shall be included in the linear foo t bid price of the pipe . 52.5 Connect ion of Existing Mains The Contractor shall determine the exact location , elevation , configu ration and ang ulatio n of existing water or sanitary sewer lines prior to manufacturing of the connect in g piece . Any differences in locations , elevation , configuration , and or angulation of ex isti ng lines between the contract drawings and what may be encountered in the sa id work shall be considered as incidental to construction . Where it is required to sh ut down ex is ti ng mains in order to make proposed connect ions, such down t ime shall be coord inated wi t h the SC-41 04/15108 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 CS-5.15 INTERRUPTION OF SERVICE, Page CS-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS . The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption . The cost of removing any existing concrete blocking shall be included in the cost of connection . Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 52.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected . This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service . Payment for work such as backfill , bedding, fittings, blocking and all other associated appurtenants required , shall be included in the price of the appropriate bid items . 52. 7 Water Services The relocation, replacement , or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings , meter boxes , and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E1-17 & E 1-18) contained in the General Contract Documents . 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 serv ice 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 . Al l services which are to be rep laced or relocated shall be installed with the serv ice 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 requ ired as specified in Sect ion CS-5.15 INTERRUPTION OF SERVICE. SC-42 - - 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 , fitt ings , 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 requ ired), corporation stops , and fittings shall be included in the price bid for Service Taps to Main . 1. WATER SERVICE RECONNECTION : Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction . The contractor shall adjust the existing water service line as required for reconnection and furn ish a new tap with corporation stop. The contractor will be pa id 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 lin e 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 re locat ions made perpendicular to t h is centerline w ill be paid f or separate ly. Re loca t ions made along the centerline will be pa id of in feet of copper serv ice line . 04/15108 When reloca ti on of serv ice me ter and meter bo x is requi red , pay ment for all work and materials such as bac kfill , fi ttings , fi ve (5) feet of type K copper service and all mate ria ls , labor, and e qu ip m ent used by and for the li censed pl um be r sha ll be in cl ude d in the price bid fo r t he serv ice mete r relocat ion . All other c os ts will be inclu de d in oth er approp ri ate bid item (s ). Thi s it em will als o be used to pay for all se rvic e mete r an d meter box re location s as requ ired by th e Enginee r whe n t he se rvi ce lin e is not be ing re pl aced . Ad just men t of only the mete r box and customer service line w it hin 5 feet d ist ance beh in d th e meter will not justify sepa rate pay ment at any t ime . Locat ions wit h multipl e serv ice branc hes will be pa id for as one serv ice meter and meter bo x re loca tion . SC-43 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 . 1. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 2 . MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 52.8 2-lnch Temporary Service Line A. The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work . The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service . 04/1 5108 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-in ch service lines shall be install ed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorin e gas or chlorinated lime (HTH) prior to installati on. 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 locat ion . The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. SC-44 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 cons t ruction, 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 installat ion , 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. 0 4/15108 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 mod ified herein. The C ity will provide all water fo r INITIAL cleaning and sterilization of water lines . All materials for construction of t he project , including appropriately sized "pipe cleaning pigs ", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTti) shall be used in sufficien t 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 m illion of free chlor ine. C hl orinated water shall be disposed of in the sa ni tary sewer syste m. Should a sanitary sewer not be ava il able , c hl or inated wate r sha ll be "de-ch lorina ted " prior to disposa l. T he line may not be placed in serv ice until two success iv e sets of sam p les , taken 24 hours apart , have met th e estab lished standa rd s of p urit y. Purg ing and ste rili za ti on of th e wate r li nes s hall be cons id ered as incid ental to th e proj e ct and all c osts inc urred will be cons ide red t o be in c lu de d in t he lin ear fo ot bid pric e of th e p ipe . 52 .10 Work Near Pressu re Pla ne Bou nd a rie s Cont ract o r s ha ll take note th at the water line to be re pl aced u nde r t h is cont ract may cross or m ay be in cl ose p rox imity to an exist in g press u re pl ane bo u nda ry. Care sha ll be take n to e nsu re all "p ress ure pl ane " va lves insta ll ed are in stalle d clo sed and no cross co nn ect ion s are mad e betwee n pre ssure plan es SC-4 5 04/15108 PART D -SPECIAL CONDITIONS 52.11 Water Sample Station GENERAL : All water sampling station installatior.is will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops , and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station, concrete support block , curb stop , fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station, modification to the vault , fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications , Section E2-7 Installing Cast Iron Pipe , fittings , and Specials, Sub section E2-7.11 Cast Iron Fittings : E2-7 .11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings , joint accessories , polyethylene wrapping , horizontal concrete blocking, vertical tie-down concrete blocking , and concrete cradle necessary for construction as designed . Al l ductile-iron and gray-iron fittings , valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E 1-13 and Construction Specification E2-13 . Wrapping shall precede horizontal concrete blocking , vertical tie-down concrete blocking , and conc rete cradle . Payment for the polyethylene wrapping , horizontal concrete blocking , vertica l tie-down concrete blocking , and concrete crad le shall be included in bid items for vales and fitt ings and no other payments will be allowed. SC-46 PART D -SPECIAL CONDITIONS D-53 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered to this contract. D-54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers . Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price. D-55 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation . No extra payment shall be allowed for this special condition. D-56 TREE PRUNING A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 3. Steel "T" = Bar stakes , 6 feet long . 4. Smooth Horse-Wire : 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: "Tundra" weight , International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings . D. ROOT PRUNING 04/15108 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 . SC-47 PART D -SPEClAL 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 , 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 th is specification, it is e·xpressly 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 t o determine the nature of the material to be excavated . The Contractor assumes all responsibility for interpretation of these records and for mak ing and maintain ing the required excavation and of doing other work affected by the geology of the site . The cost of all rock removal and other associated appurtenances , if required, shall be included in the linear foot b id price of the pipe. D-59 PUBLIC NOTIFICATION PRIOR TO BEG INNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERV ICE INTERR UPTION DURING CONSTRUCTION 04/15108 SC-48 .,,_ - 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. 0-60 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. 0-61 SANITARY SEWER SERVICE CLEANOUTS 04/15108 SC-49 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 min imum 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 un iform edge and the ent i re width and length of the temporary repa ir shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair . Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item . The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized . The paving contractor shall assume maintenance responsibility upon such mobilization . No additional compensation shall be made for maintaining the temporary pavement. D-63 CONSTRUCTION STAKES The City , through its Surveyor or agent , will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice , establ ishing 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 Cont ractor 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 mark ings provided by the City, have been lost, destroyed , or disturbed , to prevent the proper prosecut ion and control of the work contracted for in the Contract Documents , it shall be the Co ntractor's responsib ility, at the Contractor's sole expense , to have such stakes replaced by an individ ua l registered by t he Texas Board of Profess iona l Land Surveyor as a Regis tered Land Surveyor. No cla ims for delay due to lack of replacement of construction st ake s w ill be acce pted , and ti me w ill continue t o be charged in accordance w it h the Co ntract Docu ment s . · D-64 EASEMEN TS AND PERMITS The perfo rmance of th is con tract requ ires certain temporary const ru ct ion , ri ght-of-e nt ry agree ments , and /or perm its t o perfo rm wo rk on p ri vate prope rt y. The City has att empted to obtain t he tem po rary const ruct ion and /or right-of -entry ag reements for p ropert ies where cons t ruct ion activity is necessa ry on City own ed facilities , su ch as sewe r li nes or ma nh oles . For locati o ns w he re t he C ity was un abl e t o obt ain th e ease ment o r ri gh t-o f-e nt ry , it s hall be t he C ont ractor's respons ibi lity to obta in t he ag reemen t pri or to beg in n ing work on subj ect 04/1510 8 SC-50 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 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 sha ll, upon demand made by the City , pay to the City $60 for each worker emplo yed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in t hese con t ract documents. 04/15108 SC-51 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 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 P~i:tain to this inspection. Pay Estimates. With each partial payment estimate or payroll period , whichever is less , the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code . Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the s ite of t he 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 t h is Part D-special Provisions ) 04/1 5108 SC-52 PART D -SPECIAL CONDITIONS D-67 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance, regulation or policy whose requirements are more stringent. B. ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently, if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61.150 . A NESHAP notification must be filed with the Texas Department of Health . The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state, as defined by the NESHAP, it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled, pulverized or reduced to powder by hand pressures . C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation , and disposal of the material. Therefore, it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable . The Excavator is responsible to employ those means, methods, techniques and sequences to ensure this result. · E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs, which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsid iary 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 04/15108 SC-53 PART D -SPECIAL CONDITIONS permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs . The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres, the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOi shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOi shall be mailed to: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P .O. Box 13087 Austin, TX 78711-3087 A copy of the NOi shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity , the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team ; MC-228 P .O. Box 13087 Austin , TX 78711 -3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management p lan and a narrative defining site parameters and techn iques 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 . 04/15108 SC-54 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. 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 th e event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project , the Contractor must coordinate this activity through the appropriate City representative . The Contractor shall not operate water line valves of existing water system . Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28 .03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. In addition, the Contractor will assume all liabilities and res ponsibilities as a result of these actions . 04/15108 SC-55 PART D -SPECIAL CONDITIONS D-70 ADDITIONAL SUBMITTAL$ 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 individu als. 5 . If th e cont ractor 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 . • 04/15108 SC-56 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 emu lsions , 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 C ity performing re-inspection. Payment by the contractor for all street use perm its and re-inspections shall be considered subsidiary to the contract cost and no addit ional compensation shall be made . D-74 "GREEN" CEMENT POLICY As mandated by Fort Worth C ity Council Resolu t ion 3536 , all cemen t ut ili zed fo r this project sha ll be procured from a kiln utilizing a dry kiln process or from any kil n that does no t produce a n excess of 1. 71b of NOx emissions per to n of c linker produced . All related cost s f or co m ply in g wit h t he 'Green ' Cement Policy shall be conside red subsidiary to the applicable project pay items. Th is policy sha ll also app ly to all cement p roducts includ in g concrete , and co ncrete prod uct s. The contractor shall complete and submit the 'Green ' Ceme nt Policy Compliance St ate men t (included in the contract documents) at the t ime of bid opening of the proj ect. Fa ilure to comply with the 'Green' Cement policy sha ll be grounds for rej ecting the b id as non-respo nsiv e . Durin g the t erm of the co ntract if ce ment meeting th e ab ov e req uire ment is not ava il able , and where cement from a no n-comp lia nt source must be ut ili zed , t he con tractor shall fu rni sh good 04/15108 SC-57 PART D -SPECIAL CONDITIONS faith effort documentation in form of letters from two North Texas cem.ent manufacturers of 'Green' Cement stat ing that no stock of 'green ' cement is available for the contractor at that time . These letters shall be considered valid for a maximum of one week after which new letters must be subm itted to the Project lnspecto~ if 'green'.cement continues to rema i_n unavailable. 04/15108 SC-58 DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON--------- BETWEEN THE HOURS OF _______ AND _____ ~ IFYOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT ____________ _ (CONTRACTORS S_UPERINTENDENT) (TELEPHONE NUMBER) OR MR. ____________________ AT ___________________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU , ____________ _,CONTRACTOR PART D -SPECIAL CONDITIONS ~ ~1c:t · : · ·• . Fl. TEXAS DEPARTMENT OF HEAL TH · :, ' NoTi"c1RCLErrEMs THAT ARE AMENDED DEMOLITION I RENOVATION· NOTiFICATJ.ON FO~M ,·' ' ' <,,,., 10, ' TD H NOT1FICATION#_ ... -.---.·=·· --------ff . 1) Abelemenl Ccmtract-0r. _ TOH Lii;;ense, Number..__,=c""'",__ __ _ l. Ad~; City: .. . .. . $ilat.e: Zip:-. _···-~,--!~ Offica PhoM J\l.umber: Joi> Slte PMne Numt>et:__ _ · :e · Site &!peMSOr· TOH lialrl$e: N1.1rnber: ---------------U SitecSup,cry'isor:. ·~ TOH license Number: _____________ _ .,~ Train~ Or!~ite,,NESHAP 19-d~vfdu:al· Certin~titm Pete:. _______ _ 8' n l; y Dem'olitiM Cot1iractor:_"_·· ------.::......---,---Adc!re-$s· Ciiy~ S!ete;. ,, ·' .Zip: ____ _ 2) Pr6jeci: Consul!aril Qr 0pen;i1or., _______________ "'""' Mailing Address: _ -·--Cl Ir City: Slate: µp· Office Phone Number:..__ ...... _~----04/15108 A 3) Facjl[ty Owner: -. H All1mtion:..,....= .. ~-----------'-------------...... ~------------P Mpiling Addte$$; . . . A City: ~te: Zip; . Owner Phone Number( 1 _ . . [J T D H 0 L \/ f 0 I a ti 0 fl 7 "Noto~ Tho lnvoieo fot tho notlficatlon fee wlll be &ent to the ownef or Ulo ibuJh:Un.g and tho ibUllng: .:iddtC$$ for the'Invoica will be obt"lneiffr<im the· ln!ormaHon thatls J)tOvided In thfs section. • ' 4} Descrfptlon or Facility Name=·-------------------------------f'hys~I Adtfress; Coon.ty.: Ci(y: Zip:. ___ _ Facility Phpne Number • .. · Facility Contact Person,; _____________ ~ Descdplion of Area/Room Numb~r:·------------~-~~-----------Prior llise; _ Fuluta Use=----------.. -... ~~---------Age of B.\Jildiri,g/Facllily· _ _ S~: Nurnber of Roo~.; .. Sdloot {K • 12): D YES er NO 5} Typo of Work: CJ Demoli!on n Renovatlon {Abatement) o Al"l.nua:I Consolidate.cl Work will be during; O Day · o Evening o Night o Pfi;;t$,ed Pt(lject Oescripllon of work schedule:. ________________ ~~----------~-6) I'S !his.a Public Buildin9? a YES NESttAP-Only F~ci!Uy'? D YES D NO Federal f<aclHty? D Y,ES D NO li\du:strial Site? 0 YES O NO D NO Is Sultding/Facility' Oeeupied:? tl YES ti NO 7) ~ificstion Type CHECK ONLY ONE o Original {10 Working Oay&} O Ca11caUation a Amendment o Emergency/Ordered If' th.is is M amendmBflt, which ~mendmenl number is this?_ (Enclose oopy of original andJor last amendment) rt an emergency, who did you talk with at IDH? Emergency#: _____ _ Date and Hour or EmQJ'g,gncy .(HH/MMIOP/YY): . . . . . . Desctiptiol'I o~ ttie $\Jdden, unex:peate<l event and explanation or how the avent caused unsafe conditions orWouJd cause equipment dam~e (computers. machinery, etc. ___________ ~~--------~-~ 01 B) ™. :setiplion of p.rocedures to be foHowed In the event that lltle.xpected ~estos i:s. found or previoi.,s;ly non•frle.ble liiii Y asb-estos matenal becomes aumbl8d. pul11etiti!d. or reduced to powtfer: -----------=~----E . s 9) W.;is en A!lbestos Sl.lrvey performed? :J YES Q NO O.ate: J I TOH lm,pecto.r License No;. ______ _ GI An:atylical Method; o PLM o TEM o Assumed TOH Laboratory Licens.,e No: ,..... ____ _ N (For TAHPA (public building) projects: ;;in .;issum::ition must be made by a TOH Ui:;oosed lnsp~or) 10) Descriplion of planned c!emoHtion or renovation work, type ofmeterisl, and metnod(s) to be used...,·---~---11) Desctiplion or wor.k pr.;iclices and engineering conrtrots to be used to prcvoot ~missron.s or asbes1o.s at the demoliticn/renovalfon: _____ ~--------------------------SC-60 - - 04/15108 PART D -SPECIAL CONDITIONS ::. ,\,\ ... '. . _..., ~~. -_: -·· ... , <.r,?~r-~-, ~~-~-·=".'':~,--.,(<,-,(,~',;'::· '~proxlmate;a.rrt9llnf~f ' • /Cli~ek unit o.t j'nlNls.4,J:cment , --. AsbKlo$.c: #,,, , '' , Pipes Surface Area , ·AACM 'NOTremove<f fnon.-friable removed ~ ·~· II non-friable removed -' . II non.friable f:,IOTremoved RACM Off-Facility Component , ,_.. 14) War;~ D[sposal Site Name :_-'--'-------........ """"" ....... ----------------~---;,;__-Address: ---·--···---· C:ity: _________ state: ___ Zip: __ -~~ Tcleph one : .... C _ _,,_.) _____ TNRCC Permit Nvml;ler:: -------- 15) for strucrurally uns _ound facllltles •. attach a ropy of -demolruon order and idenlifyGovemmenta! Official below: Nam&; · Registration No:------------- Ti ll e; . Date of order {MMfbDIVY)_ __ L . I Data order to begin (MWOD/YY) -~~-- 16) Schei:fuled Oates of .Asbestos Abatement (MM/DDJYY} Start __ _,/_· _ _,I __ Complete; --'-----''- 17) Sch:ei:!o led Pates Demolition lRe n(waoon {MM/00/YY) Slart: I ..... L Complet~=-~'-· -~'~--- ... Not1Klf the start dale on;thls nolifleaticm .~n not bo l'l'klt, lh; TOH R~ional or .Local Program office Must be'contecmd by phone prior to t he &tarl data. Fallureto doiso 111 Jvto~tlon t:n @cco«Jan~1o TAHPA. ~Jon 295'.~1. . I ttereby certi1y ttlat ell Information I have provided Is cOlrect, complett1., and true to tM bast of my lmawfei:!ge ., t ~cl<ntl'Nledge that lam respons lble for an aspects or.the notif1Calion form, isiclud i ng, but oot limilirt9 ,·coofoot and submlss fon: dates. The rnaxirnum penalty i$ $10,000 pe r day per violafloo ; · (SJgna.lure of Building Owner/ Operator or Oel~ted Coosult.ant/Contractot) MAIL TO: (Prlt1ted Nama) (Date} ASBESTOS NOlli=LCATtON SECTION TOXIC suaSTANCI;S CONTROL DIVISION . TEXAS DEPARTMENT OF HEAL'l'H PO BOX 143:538 AUSTIN, TX 78714-l538 PH: 51:2-Sl{-6600, 1-800-572-5548 (Telephorie) {Fax Number) Form APB#-5, cl~ted 07'/2.'J/02. Rep.laces TDH foon dated 0711W1. Fot assistance in compt~Jingform, call 1-SOQ.572-5548. SC-61 "' ,t 1! City of For;t Worth . {i~1i,,t:~ Highway (Heavy) Construction ijfu l} ff,@l ,lli;;; d?b Preva ili ng Waoe ,Rates For 2006 '~ Classifications Hrly Rts Classifications Hrly Rts Air Tool Operator $1 0 .06 Scraper Ope rator $1 1 .4 2 Aspha lt Ra ker $1 1.01 Servi cer $12.32 Asph a lt Shoveler $8 .8 0 S lip Form Mach ine Operator $12.33 Asph a lt Distributor Operator $13 .99 Sp re ader Bo x Operator $1 0 .92 Asphal t Paving Machine Operator $12 .78 T ractor o perator, Crawle r T ype $12 .6 0 Batch ing Plant Weigher $14 .15 T racto r operato r, Pneumatic $12 .91 Broom or Sweepe r Opera tor $9 .8 8 Traveling Mi xer Operator $1 2.03 Bu ll doze r operator $13 .22 Truck Dri ver-Sing le Axle (light) $1 0 .9 1 Carpe nter (Rough ) $12 .80 Truck Drive r-S ing le Axle (H eavy) $1 1.4 7 Concrete Fi ni sher-Paving $12 .85 Truck Dr iver-Tandem Axle Semi-Traile r $11 .75 Concre te Finisher -Structures $13 .27 Truck Driver-Lowboy/Float $14.93 Con crete Paving Curb ing Mach. Ope r. $12.00 Truck Driver-T ra nsit Mi x $12 .08 Concre te Paving Fini s hing Ma ch . Ope r. $13.63 Wagon Drill , Boring Mach ine , Pos t Hole Dri ller $14 .00 Concre te Paving Joint Sealer Op er. $12 .50 W elder $13 .57 Concrete Pavi ng Saw Oper. $13 .56 W ork Z on e Barricade Servicer $10.09 Concrete Pav ing Sp re ad e r Oper. $1 4 .50 Con cre te Rubber $10 .61 Crane , Clamshe ll , Ba ckhoe , De rr ick, Dragli ne , Shovel $1 4 .12 Electrici an $18 .12 Fl agge r $8 .43 Form Bu ild er-Structu re s $11.63 Form Setter-Pavi ng & Curbs $11.83 Founda ti on Drill Ope rator, C ra wle r Mo unted $13 .67 Fo undatio n Drill O pe rato r, Truck Moun te d $16 .30 Fro nt End Loade r $12.62 Laborer-Co mmon $9 .18 Labora r-Utility $10 .65 Mech a nic $16 .97 ' Milli ng Machi ne O pera tor, Fin e G rade $11 .83 Mi xer Ope rato r $11 .58 Moto r Grader Operator (Fine G rade ) $15 .20 -Moto r G rader Operator, Rough O iler $14 .50 Painter, Structures $13.1 7 Pa vement Mark ing Machine Oper. $10 .04 Pipe La yer $11.04 Roller , Steel Wheel Plant-Mi x Pavements $11.28 Rolle r, Stee l Wheel Oth er Fla twheel o r Tamping $10 .92 Roller , Pneumat ic, Se lf-Propelled Scraper $11 .07 Reinforcing Steel Setter (Pa v ing ) $14 .86 Reinfo rc ing Steel Setter (Stru cture ) $16.29 Part DA -Additional Special Conditions - PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AW ARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS OMITTED ................... , ...................................................................................................................... 5 DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE OMITTED ................ 5 DA-3 PIPE ENLARGEMENT SYSTEM OMITTED ........................................................ 5 DA-4 FOLD AND FORM PIPE OMITTED ..................................................................... 5 DA-S SLIPLINING OMITTED ........................................... .,., ...................................... ,.. ... 5 DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT OMITTED ........................... 5 DA-7 TYPE OF CASING PIPE OMITTED ..................................................................... 5 DA-8 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR OMITTED ................ 5 DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION OMITTED ...................... , ....................... ,., .................................................. , ...... , ........ .,., ...... .., ...... .., .......... 5 DA-10 MANHOLE REHABILITATION ................................................................................. 5 DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION ................... ,., 15 DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM OMITTED ............................................................................................................................................. 16 DA-13 INTERIOR MANHOLE COATING -QUADEX SYSTEM OMITTED ... 16 DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM OMITTED 17 DA-15 INTERIOR MANHOLE COATING -RA VEN LINING SYSTEM OMITTED 17 DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LIN'ER OMITTED ... .,. ............... , ...... .,. ........ , ............... , ........ ,., ............... , ........ , ........................ , ....... .., 17 DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTE,M OMITTED ...... 17 DA-18 RIGID FIBERGLASS MANHOLE LINERS OMITTED ..................................... 17 DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION OMITTED ................. 17 DA-20 PRESSURE GROUTING OMITTED ................................................................... 17 DA-21 VACUUM TESTING OF REHABILITATED MANHOLES ........................... , ........ 17 DA-22 FIBERGLASS MANHOLES OMITTED ............................................................. 20 DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES OMITTED .......................................................................................................................................... 20 DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER OMITTED ........ , ...... 20 DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS OMITTED ....................... 20 DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE OMITTED········---···· 20 DA-27 GRADED CRUSHED STONES ................................................................................... 20 DA-28 WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE OMITTED ............................ 20 DA-29 BUTT JOINTS -MILLED OMITTED ................................................................ 20 DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) OMITTED ....................... 20 DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER OMITTED ............. 20 DA-32 NEW 7" CONCRETE VALLEY GUTTER OMITTED ........................................ 20 DA-33 NEW 4" STANDARD WHEELCHAIR RAMP OMITTED ........................ , .......... 20 DA-34 8" PAVEMENT PULVERIZATION OMITTED .................................................. 20 DA -35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) OMITTED .................................................................................. , .................................................... 20 DA-36 RAISED PAVEMENT MARKERS OMITTED .................................................... 20 11/02104 ASC-1 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING OMITTED ....................................................................................................................................... 20 DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL OMITTED ............................................................................................................................................... 20 DA-39 ROCK RIPRAP -GROUT -FILTER FABRIC ......................................................... 20 DA-40 CONCRETE RIPRAP OMITTED ....................................................................... 24 DA-41 CONCRETE CYLINDER PIPE AND FITTINGS OMITTED ............................. 24 DA-42 CONCRETE PIPE FITTINGS AND SPECIALS OMITTED ............................... 24 DA-43 UNCLASSIFIED STREET EXCAVATION OMITTED ...................................... 24 DA-44 6" PERFORATED PIPE SUBDRAIN OMITTED ................................................. 24 DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS OMITTED ....................... 24 DA-46 'RECOMMENDED SEQUENCE OF CONSTRUCTION OMITTED .................... 24 DA-47 PAVEMENT REPAIR IN PARKING AREA OMITTED .................................... 24 DA-48 EASEMENTS AND PERMITS .................................................................................... 24 DA-49 HIGHWAY REQUIREMENTS OMITTED ......................................................... 25 DA-50 CONCRETE ENCASEMENT OMITTED ........................................................... 25 DA-51 CONNECTION TO EXISTING STRUCTURES ........................................................ 25 DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION OMITTED. 25 DA-53 OPEN FIRE LINE INSTALLATIONS OMITTED .............................................. 25 DA-54 WATER SAMPLE STATION OMITTED ........................................................... 25 DA-55 CURB ON CONCRETE PAVEMENT OMITTED .............................................. 25 D·A.-56 SHOP DRAWINGS .............................................................................................................. 25 DA-57 COST BREAKDOWN ...................................................................................................... 26 DA-58 ST AND ARD STREET SPECIFICATIONS H.M.A.C. OVERLAY OMITTED ... 26 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP OMITTED ....................................... 26 DA-60 ASPHALTDRIVEWAYREPAIR OMITTED ..................................................... 26 D.A-61 TOP SOIL .......................................................................................................................... 26 -DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT OMITTED ........................................................................................................................................ 26 DA-63 BID QUANTITIES .......................................................................................................... 26 DA-64 WORK IN HIGHWAY RIGHT OF WAY OMITTED ......................................... 27 DA-65 CRUSHED LIMESTONE (FLEX-BASE} .................................................................. 27 DA-66 OPTION TO RENEW OMITTED ....................................................................... 27 DA-67 NON-EXCLUSIVE CONTRACT OMITTED ......................................................... 27 DA-68 CONCRETE VALLEY GUTTER OMITTED ...................................................... 27 DA-69 TRAFFIC BUTTONS OMITTED ........................................................................ 27 DA-70 PAVEMENT STRIPING OMITTED .................................................................... 27 DA-71 H .. M.A.C. TESTING PROCEDURES OMITTED ................................................ 27 DA-72 SPECIFICATION REFERENCES .............................................................................. 27 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX OMITTED .............................................. 27 DA-74 RESILIENT-SEATED GATE VALVES OMITTED ............................................ 27 DA-75 EMERGENCY SITUATION, JOB MOVE-IN OMITTED .................................. 27 DA-76 1 Yi" & 2" COPPER SERVICES OMITTED ........................................................ 27 11/02104 ASC-2 - - - - PART DA -ADDITIONAL SPECIAL CONDITIONS DA-77 SCOPE OF WORK (UTIL. CUT) OMITTED ...................................................... 28 DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) OMITTED ........................ 2 8 DA-79 CONTRACT TIME (UTIL. CUT) OMITTED ...................................................... 28 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) OMITTED .. 28 DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) OMITTED .................... 28 DA-82 LIQUIDATED DAMAGES (UTIL. CUT) OMITTED .......................................... 28 DA-83 PAVING REPAIR EDGES (UTIL. CUT) OMITTED ........................................... 28 DA-84 TRENCH BACKFILL (UTIL. CUT) OMITTED ................................................. 28 DA-85 CLEAN-UP (UTIL. CUT) OMITTED ................................................................... 28 DA-86 PROPERTY ACCESS (UTIL. CUT) OMITTED ................................................. 28 DA-87 SUBMISSION OF BIDS (UTIL. CUT) OMITTED ............................................... 28 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) OMITTED .................. 28 DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT III (UTIL. CUT) OMITTED 28 DA-90 2,, TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) OMITTED ................................. 28 DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) OMITTED .............................................. .., ........................................................................................ 28 DA-92 MAINTENANCE BOND (UTIL. CUT) OMITTED .............................................. 28 DA-93 BRICK PAVEMENT (UTIL. CUT) OMITTED ................................................... 28 DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) OMITTED ................................ 28 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) OMITTED ........................ 28 DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) OMITTED ........... 28 DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) OMITTED ........................................ 28 DA-98 UTILITY ADJUSTMENT (UTIL. CUT) OMITTED ............................................ 28 DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) OMITTED ................................................................................................................................. 28 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR(UTIL. CUT} OMITTED ... 28 DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) OMITTED ......................... 29 DA-102 PAYMENT (UTIL. CUT) OMITTED ................................................................... 29 DA-103 DEHOLES (MISC. EXT.) OMITTED .............................................................. 29 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) OMITTED ....................... 29 DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) OMITTED .............. 29 DA-106 BID QUANTITIES (MISC. EXT.) OMITTED ................................................. 29 DA-107 LIFE OF CONTRACT (MISC. E XT.) OMITTED ............................................ 29 DA-108 FLOWABLE FILL (MISC. EXT.) OMITTED ................................................. 29 DA-109 BRICK PAVEMENT RE.PAIR (MISC. REPL.) OMITTED ............................. 29 DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) OMITTED DA-111 DA-112 DA-113 DA-114 DA-115 DA-116 11/02104 29 WORK ORDER COMPLETION TIME (MI SC. REPL.) OMITTED .............. 29 MOVE IN CHARGES (MISC. REPL.) OMITTED ............................................ 29 PROJECT SIGNS (MISC. REPL.) OMITTED .................................................. 29 LIQUIDATED DAMAGES (MISC. REPL.) OMITTED ................................... 29 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) OMITTED ................ 29 FIELD O FFICE OMITTED .............................................................................. 29 ASC-3 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-117 TRAFFIC CONTROL PLAN OMITTED ......................................................... 29 DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS OMITTED29 DA-119 FIBERGLASS SEWER PIPE-GRAVITY SERVICE ......................................... 29 DA-120 HINGED MANHOLE ............................................................................................... 33 DA-121 T -LOCK SHEET LINER .............................................. , .......................................... 33 DA-122 PASSIVE ODOR CONTROL FOR VENT PIPE ................................................... 40 -DA-123 STOP LOGS ASSEMBLIES .................................................................................... 43 DA-124 REINFORCED CONCRETE PIPE (RCP) ............................................................. 46 DA-125 CUT AND PLUG ..................................................................... , .................................. 46 DA-126 REMOVE JUNCTION STRUCTURE ...................................................................... 47 - - 11/02104 ASC-4 - PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS OMITTED 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 OMITTED DA-7 TYPE OF CASING PIPE OMITTED DA-8 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR OMITTED DA-9 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION OMITTED DA-10 MANHOLE REHABILITATION A. GENERAL 1. Scope . This section covers the rehabilitation of sanitary sewer manholes and other appurtenances in accordance with the Manhole Rehabilitation Details in the specifications. The rehabilitation requirements for each manhole are listed in the Manhole Rehabilitation Schedule in the specifications (For D.O.E. 5405 , see sheet 17 for the rehabilitation of manhole at M-2448 Sta. 91 +34 for work items). Manhole rehabilitation includes repairing , replacing, or restoring manhole frame & cover , frame seal, chimney , corbel, wall, bench , invert and/or pipe seal(s). The Contractor shall furnish all labor, supervision , materials, equipment and testing required to complete the rehabilitation of the manholes listed in these Contract Documents. 2 . General : Contractor is responsible for locating all manholes scheduled for 3 . 11 /02104 rehabilitation. Contractor shall notify City Engineer if a manhole cannot be located . Contractor shall contact City Engineer to determine if materials removed from rehabilitated manholes will remain the property of the Owner. If so, Contractor shall coordinate when and where to deliver salvaged material to the Fort Worth Water Department. If not , Contractor shall be responsible for disposal of material. Contractor shall provide watchmen, barricades and warning signs to protect his workers , inspectors, and the public. Contractor shall, at no add itional cost to the Owner, replace any portion of an existing manhole that is damaged during rehab ilitation of the manho le . Contractor shall provide necessary means to prevent wastewater flow from co ntact ing material used for rehabilitation prior to fully curing . Loose and broken bri ck and mortar shall be removed immediate ly from the manhole t o eliminate the poss i bility of pieces entering the sewer li nes . Su bm ittals : ASC-5 PART DA -ADDITIONAL SPECIAL CONDITIONS a. Product Informat ion. Contractor shall submit manufacturer's information on products proposed to be used that are not specifically named in the Contract Documents . b. Personnel Qualifications . Prior to start ing manhole coating , Contractor shall submit qualifications of personnel that will be performing wall repairs and coating procedures . Proposed personnel shall verify certification within the last two years by the coat ing manufacturer and verify working on at least three projects with s imilar coating within the previous 12 months . c . Work Schedule . Prio r to beginning work on bench and invert replacements , complete manhole replacements , or construction of new maintenance manholes , Contractor shall submit for review by Owner's Representative a plan for maintaining wastewater flow without any interruptions . Contractor shall mainta in wastewater flow at all times . 4 . Quality Assurance . Contractor will be responsible for all testing laboratory services in connection with data required for review of materials proposed to be used in the Work. Contractor shall obtain Engineer's acceptance of the testing laboratory before having services performed and shall pay for all costs for testing . Owner may , at his discretion , perform quality control tests on materia ls during and after their incorporation in the Work . If any of these tests fail , Contractor will be responsible for correcting situation and shall pay for any retest. All costs for quality assurance testing w ill be subsidiary to the Work. 5 . Delivery , Storage , and Handling . Upon delivery , all material shall immediately be stored and protected until installed in the Work . All material shall be labeled and stored in accordance to the manufacturer's recommenda t ions and all local , state , and federal regulations . 6 . Testing . All rehabilitated manholes sha ll be tested in accordance with Section D-63 . B. MA TE RIALS 1 1/02104 1. C leaners : 2. Water Cleane rs Wall , Bench , Trou gh , Gro ut i ng , and Pip e Sea l Rep air Hyd rau li c Cement Q u ic k-sett ing Morta r Urethane Ge l Grout Cem enti ti o us Grout Ma te ri al AS C-6 Clean and free from delet eri ous substa nce s . Dete rgen t , muriatic acid or appro ved equal. St ron g-Seal Plug , Pe nny Grout , IPA "Octocrete ", or appro ved equa l. Strong-Sea l QSR , Rapid Set, or app ro ved equa l. Scotch-Sea l "56 10 and 56 12" or app ro ved equ al. Sa uerei se n Ce men ts "F-1 00 G rout" or approv ed equ al. - - - 3 . 4 . 5 . 6 . 7 . 8. PART DA -ADDITIONAL SPECIAL CONDITIONS Activated Oakum 3M Scotch Seal "5600" or approved equal. Two-Part Epoxy Adhesive Coating American Chemical Corp . "Aquatapoxy" or approved equal. Concrete Bonding Agent ThoroSeal "Aery! 60" or approved equal. Concrete External Manhole Coating Coal Tar Internal Manhole Coatings -Omit Non-cementitious Cementitious Frames, Covers, and Inserts Manhole Frames and Covers -Omit Watertight Manhole Frames and Covers Manhole Insert -Polyethylene -Omit Manhole Insert -Stainless Steel Fiberglass Manhole Liner -Omit PVC Lined Concrete Wall -Omit Reconstruction Joint Material Adjustment Rings Bituma stic Gasket Material Bitumastic Trowelable Material Material in accordance with City of Fort Worth Water Department General Contract Documents . Tnemec "46-450 Heavy Tnemecol", Kop Coat "Bitumastic Black Solution", or approved equal. Sprayroq "Spray Wall" or Raven 405 . Standard Cement Materials "Reliner MSP" or Quadex "QM-1s". McKinley "Type N with indented top", Neenah "R1726A", or approved equal. Neenah "R 1915-E , Type L" or approved equal. Corrosion-proof high density polyethylene , 1/8" thick in accordance with Fort Worth Water Department General Standards E100- 4 . Southwestern Packing & Seals, Inc., "T etherlok". Material in accordance with Section DA-15 of these specifications. Material in accordance with Section DA-16 of these specifications . Single-piece, precast concrete , ASTM C478 , 2" min. thickness. RAM-NEK , EZ-STIK or approved equal. GS-702 compound or approved equal. 9. Miscellaneous Root inhibitor Dichlobenil 2 ,6 -dichlorobensonitrile , or approved equa l. C. EXECUTION 1. Ins pection . Prior to beginning the Work on a manhole , the Contractor shall inspect the manhole and notify City Engineer if actual conditions are in conflict with Manhole 11/02104 ASC-7 PART DA -ADDITIONAL SPECIAL CONDITIONS Rehabilitation Schedule. After City Engineer revises schedule, Contractor shall commence with Work. 2 . Manhole Rehabilitation Repairs . Each manhole listed in the Manhole Rehabi litation Schedule will be repaired with at least one of the following repair methods . The requirements for each repair shall be completed as described in this section and as indicated on the Manhole Rehabilitation Details in the specifications . 11/02104 a . Cover/Frame/Frame Seal Replacement. 1) Paved Areas : Make square full depth saw cut and remove the pavement to expose the entire manhole frame and exterior of manhole a minimum of 6 inches below the top of the structurally sound structure , keeping trench sides as vertical as possible . Remove the pavement by breaking out from saw cut toward the manhole to avoid breaking the frame . Non-paved Areas: Excavate adjacent to the manhole to expose the entire frame to a minimum depth of 6 inches below the top of the structurally sound structure , keeping trench sides as vertical as possible. Limit excavation to a 6-foot by 6-foot working area . 2) Remove and replace the existing frame , cover , and sealing material. Furnish bolt down frame and cover, if required by Manhole Rehabilitation Schedule in the Specifications . If grade rings are broken , deteriorated , or loose , Contractor shall notify Engineer prior to placing manhole frame . Also , if manhole contains brick grade adjustments on top of concrete corbel or chimney , Contractor shall replace the brick grade adjustments with precast concrete rings in accordance with manhole grade ring replacements. 3) Clean exposed interior and exterior surfaces of the existing chimney and inspect for reuse . Wire brush and apply a concrete bonding agent and quick setting hydraulic cement to the top surface of the manhole to provide a smooth surface prior to installing new grade rings and bitumastic material. 4) 5 ) Surfaces between the frame , adjustments , and corbel sections shall be free of dirt and debris . Bitumastic gasket material (minimum ~ inch thick) shall be placed in two concentric rings along the inside and outside edge of each joint or use bitumastic trowelable material. Butt joints of the two rows of bitumastic material shall be positioned opposite of each other. No steel shims , wood , stones , or any m ate ri al not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame . In paved a reas , frames shall be installed so the top of the casting will conform to the slope and finish e levation of the paved surface . Allowances for the compression of the bitumastic material shall be made to ass ure a proper final grade elevation . Manhole rims in parkways , lawns , or other improved lands shall be at an elevat ion not more than one (1) inch nor less ASC-8 - - - 11 /02104 PART DA -ADDITIONAL SPECIAL CONDITIONS than one-half (1/2) inch above the surrounding ground . Backfill shall provide a uniform slope from the manhole frame for not less than three (3) feet each direction to existing ground elevations. 6) In drainage areas, frames shall be installed so the top of the casting will be at the same elevation that existed prior to rehabilitating the manhole . 7) If the inside diameter of the manhole is too large to safely support new grade adjustments or frame, the corbel shall be replaced or a flattop installed prior to placing frame. 8) The exposed, exterior surfaces of manhole corbel, chimney , and frame shall be wire brushed and coated with two coats of coal tar, 14 mils OFT. The grade adjustments shall be wrapped with a 6 mil polyethylene sheet. 9) In unpaved areas , backfill with excavated material and compact with mechanical equipment. In paved areas, backfill with granular material meeting requirements of Item 402 and Section E1-2 to the limits shown on figures in Section H. 10) A concrete collar shall be constructed in accordance with Figure 121 . Concrete collars will be required on rehabilitated manholes and new replacement manholes as listed in the manhole rehabilitation schedule . Construction of concrete collar will be paid for separately for each manhole and shall include surface restoration (including seeding/sodding) and permanent pavement repair. Repair of pavement outside of 4 foot by 4 foot concrete collar shall be equal to or superior in composition , thickness , etc., to existing pavement and/or as detailed in the Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5 . Non-standard concrete collars shall be constructed at locations authorized by the Engineer. b. Reseating/Sealing of Existing Frame (omit)-Work shall be done in accordance with Section D-27, with the exception that the existing frame shall be reused . The frame and cover shall be inspected for any defects and notify the Owner's representative if it is damaged or deteriorated. All scale , dirt, and debris shall be removed from the existing casting with a wire brush . a . Grade Adjustment -All Work shall be done in accordance with Section D-27 , with the exception that the existing frame shall be raised or lowered to surrounding surface elevations in accordance with the Grade Adjustment Detail. 1) In brick manholes , remove and replace the defective chimney up to a maximum of 24 inches below the frame . If chimney is defective below 24 inches , Contractor shall notify Engineer prior to completing manhole rehabilitation. 2) Existing defective concrete grade ring adjustments and all brick or block adjustments shall be replaced with precast concrete adjustment rings . ASC-9 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS 3) Where partial manhole replacement is required on the Manhole Rehabilitation Schedule , the following shall apply : a) The extent of partial manhole replacement shall be based on the depth of deterioration as determined by the Owner's Representative. The remaining structure shall be capable of supporting the newly constructed portions of the manhole. b) Excavate the work area to expose the entire depth of deterioration in the existing manhole to a minimum depth of 6 inches below the top of structurally-sound structure. c) Perform reconstruction to allow easy access into the manhole. No more than 12 inches of depth of precast concrete grade adjustment rings shall be allowed to obtain proper grade. Perform reconstruction in accordance with the Partial Manhole Replacement Detail. d) Seal manhole joints in accordance with Section D-27 . e) Precast corbel , or barrel sections may be used as necessary . The diameter of the precast sections shall be consistent with the existing remaining structure . Place a flattop section on existing manhole structure prior to setting precast sections . Flattop sections shall not overhang existing manhole structures by more than 6 inches . If the clearance from the underside of the proposed flattop to the manhole invert is less than 4 Yi feet, the manhole shall be completely replaced . f) Partial Manhole Replacement shall also include replacement of frame, cover, and sealing of frame and grade adjustments. g) Remove all debris from reconstruction from the manhole and dispose of properly . d. Interior Manhole Coating (omit)-Interior manhole coating shall meet the requirements of Section DA-12 , DA-13 , DA-14 , DA-15 , DA-16 and DA-17 . e . Bench and Invert Rehabilitation f . 1) Remove existing deteriorated bench and invert material to solid material. Care shall be taken to avoid allow in g broken pieces of brick and mortar to enter the sewer lines. 2) Apply concrete bonding agent and quick setting concrete to form a smooth surface and continuous invert with the sewer pipe . New bench and invert shall be formed in accordance with repair Bench and Invert Rehabilitation Detail. Bench and Invert Replacement ASC-10 - - - 11 /02104 - - PART DA -ADDITIONAL SPECIAL CONDITIONS 1) Remove the existing bench and trough completely. If the existing trough is formed of sewer pipe laid continuously through the manhole, special care shall be taken to ensure that the pipe seal and the sewer pipe to remain is not damaged . Contractor shall, at no additional cost , replace any portion of the existing manhole or sewer pipe to remain that is damaged during bench and invert replacement. 2) Install new bench and trough with Class A concrete in accordance with repair detail. Surface shall be troweled smooth and the invert of the trough shall form a continuous smooth flow path from pipes entering the manhole to where they exit. The bench and invert shall form a watertight seal with the manhole wall , pipe, and bench/trough area . 3) If the manhole base is deteriorated or nonexistent, the minimum thickness of the bench/trough shall be six inches. g . Removal of Existing Manhole -Work shall be conducted as specified in Section D- 29 . h. Construct New Manhole 1) Completely remove the existing manhole structure. 2) Construct new manhole in accordance with Section D-27 of these specifications. Connect to existing sewers using flexible couplings . 3) Contractor shall maintain existing wastewater flows at all times . Contractor shall submit a plan for maintaining wastewater flows to the Engineer prior to beginning work. i. Pressure Grout Pipe Seals , Bench and Trough , and Lower Portion of Manhole 1) All work shall be done in accordance with Section DA-19 of these specifications . 2) Remove all foreign materials from the manhole walls around the pipe seal and within the pipe seal itself, including all loose and protruding brick, mortar and concrete . Stop active leaks using products specifically for that purpose . 3) Remove deteriorated area of t he pipe seal to sound material. Apply bonding agent to area and place hydraulic cement to fill voids to form a watertight seal around pipe . 4) Drill holes around the pipe seal , bench/trough and lower portion of the manhole and inject urethane gel grout into holes in accordance with repa ir deta il. Activated oakum rope shall be used to fill the injection hole after removal of the g routing probe. Patch the injection hole wit h hydraul ic ASC-11 PART DA -ADDITIONAL SPECIAL CONDITIONS cement and apply a water resistant two-part epoxy coating to the patch . Clean all grout from interior of manhole. j. Manhole Step Removal -Remove existing manhole steps and fill voids with hydraulic cement in accordance with repair detail. k . Patch Holes -Clean and remove loose debris from holes to be patched. Apply bonding agent to surface of holes and fill voids with hydraulic cement in accordance with repair Patch Holes Detail. I. Watertight Manhole Insert -Install watertight gasketed manhole inserts as specified in Fort Worth Water Department Standard E100-4. m. Grout Flattop to Wall Joint (omit)-Injection holes shall be drilled through the manhole at 90 degree angles from each other within 4 inches of the bottom of the flattop . Provide additional holes near observed defects , if necessary . Urethane gel grout shall be injected through the holes under pressure with a probe designed for this purpose. Injection pressure shall not cause damage to the manhole structure or surrounding surface features. Grouting from the ground surface will not be allowed . Grout travel shall be verified by observation of grout at defects or adjacent injection holes . Provide additional injection holes , if necessary , to ensure grout travel. Injection holes shall be cleared with a drill and patched with a waterproof quick setting mortar. The flattop to wall joint shall be pressure washed , cleaned , filled with a non-shrink grout, and finished smooth . n . Fiberglass Manhole Insert (omit) -Work shall be conducted as spec ified in Section DA-18. o . PVC Lined Concrete Wall Reconstruction (omit)-Work shall be conducted as specified in Section DA-19 . p. Point Repair to Replace Sewer Line , 6"-15" Diameter ( omit)-This item shall apply at those locations indicated in the Manhole Rehabilitation Schedule and those additional locations authorized by the Engineer. The Contractor shall excavate adjacent to the manhole to uncover the damaged sewer pipe . This pipe shall be carefully removed from the manhole to the first sound joint (maximum of 5 feet) of p ipe . This pipe shall be replaced with SOR 35 PVC pipe of the same nominal size. This pipe shall be connected to the existing sewer using flexible connectors approved by the C ity . The connection of the new pipe to the manho le shall be made using flex ible gaskets meet ing the requirements of ASTM C-923 , grouted into the manhole wall usin g non-shrink grout. Embedment mate r ial shall be installed arou nd the pipe up to the pipe sp ringline . Backfill material confo rming to Ci ty specificat ions shall be placed and compacted as required . Th is it em shall include surface restoration an d permanent pavement repair . q. Bypass Pumping -The Contractor shall furnish and operate pumping eq ui pment and piping as required for bypass pumping necessary to complete any manhole rep lacemen t or rehab ilitation wo rk . D. ME A SUREMENT AND PAYMENT 11102104 ASC-12 - - - - PART DA -ADDITIONAL SPECIAL CONDITIONS 1. Frame and Cover Replacement: Payment for installation of new manhole frames and covers shall be based on the Contract unit price and the actual quantity installed . The Contract unit price shall be full payment for the new manhole frame and cover, excavation, installation of the manhole frame and cover, minor grade adjustment , backfill, and demolition and disposal of waste materials . 2. Grade Ring Replacement: Payment for installation of new grade rings shall be based on the Contract unit price and the actual quantity of new grade rings installed. The Contract unit price shall be full payment for the new grade rings. All costs for installing and sealing grade rings shall be included in the applicable Contract unit price for sealing of frame and grade rings . 3. Paved Frame and Grade Adjustment Sealing: Payment for sealing manhole frames and grade adjustment rings in paved areas shall be based on the Contract unit price and the actual number of manholes where sealing of the manhole frame and/or grade adjustments in paved are required. The Contract unit price shall be full payment for excavation , pavement removal, sealing materials, installation of grade rings, sealing , minor grade adjustment, backfill, and demolition and disposal of waste materials. 4 . Non-Paved Frame and Grade Adjustment Sealing: Payment for sealing manhole frames and grade adjustment rings in non-paved areas shall be based on the Contract unit price and the actual number of manholes where sealing of the manhole frame and/or grade adjustments in non-paved are required . The Contract unit price shall be full payment for excavation , sealing materials, installation of grade rings, sealing, minor grade adjustment, backfill, surface restoration, and demolition and disposal of waste materials . 5. Interior Manhole Coating (Omit): Payment for interior manhole coating shall be based on the Contract unit price where interior manhole coating is applied . The Contract unit price shall be full payment for surface preparation, interior coating of the corbel, wall and bench, and cleanup. 6. Pressure Grout Pipe Seals, Bench and Trough, and Lower Portion of Manhole: Payment for grouting pipe seals, bench and trough , and lower portion of the manhole shall be based upon the Contract unit price and the actual quantity of manholes where pipe seals , bench and trough and lower portion of the manhole were grouted . The Contract unit price shall be full payment for the preliminary repairs, rehabilitating the pipe seals, grout material , installation of the grout materials and cleanup. 7. Bench and Invert Rehabilitation~ Payment for bench and invert rehabilitation shall be based upon the Contract unit price and the actual number of manholes where the bench and invert were rehabilitated . The Contract unit price shall be full payment for materials and bench and invert rehabilitation . 8 . Bench and Invert Replacement: Payment for bench and invert replacement shall be based upon the Contract unit price and the actual quantity of manholes where the bench and invert were replaced . The Contract unit price shall be full payment 11102104 ASC -1 3 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS for materials, installation of materials , and demolition and disposal of waste materials. 9. Patch Holes : Payment for patching holes shall be based upon the Contract unit price and the actual number of manholes that were patched. The Contract unit price shall be full payment for surface preparation, patching of the holes, and cleanup . This item is allowed for payment only when it is included in the Manhole Rehabilitation Schedule. Patching holes prior to interior coating of manholes is not a pay item . 10. Manhole Step Removal : Payment for manhole step removal shall be based upon the Contract unit price per manhole and the actual number of manholes that had steps removed . The Contract unit price shall be full payment for removal and disposal of the steps and patching of the voids created by step removal. 11 . Watertight Manhole Insert : Payment for watertight manhole inserts of the respective type shall be based upon the Contract unit price and the actual number of inserts of each type installed . The Contract unit price shall be full payment for the watertight manhole insert and installation of the insert in the manhole. 12 . New Sanitary Sewer Manhole : Payment shall be made as indicated in Measurement and Payment , Section D-27 in these specifications. This item shall include up to five (5) linear feet of new PVC pipe at each manhole pipe connection and connecting to the existing sewer. - 13 . Concrete Manhole Collars: a. Paved Areas. Payment for manhole collars in paved areas shall be based on the Contract unit price and the actual quantity installed . The Contract unit price shall be full payment for labor, materials , pavement sawing, excavating, disposal of waste materials. Payment shall not include pavement replacement, which if required , shall be paid separately. b. Non-Paved Areas. Pavement for manhole collars in non-paved areas shall be based on the Contract unit price and the actual quantity installed . The Contract unit price shall be full payment for labor, materials , excavation , disposal of waste materials , and surface restoration. 14 . Partial Manhole Replacement (omit): Payment for partial manhole replacement shall be based on the Contract unit price per vertical foot measured from the top of t he frame to the top of the structurally sound existing manhole. The Contract unit price shall be full payment for furnishing all labor and materials necessary , including excavation and removal of the ex ist ing structure , replacement of the ...., frame and cover , installation of new adjustment rings , flattop , corbel or wall sect ions , sealing , backfilling , and unpaved surface restoration . Payment shall not include paveme nt replacement , which if required, shall be paid separately . - 15 . Interior Corrosion Protect ion (omit ): Pay ment shall be made as indicated in Measurement and Payment , Section DA-9 in these specifications . ASC-14 - PART DA -ADDITIONAL SPECIAL CONDITIONS 16. Grout Flattop to Manhole Wall Joint (omit): Payment for grouting the flattop to manhole wall joint shall be based upon the Contract unit price and the actual number of joints grouted . The Contract unit price shall be full payment for all material, labor and cleanup required to complete each joint grouting. 17. Fiberglass Manhole Insert (omitt Payment shall be made as indicated in Measurement and Payment, Section DA-18 in these specifications. 18 . PVC Lined Concrete Wall Reconstruction (omit): Payment shall be made as indicated in Measurement and Payment, Section DA-19 in these specifications . 19. Point Repair to Replace Sewer Line, 6" -15" Diameter (omit): Payment for each point repair shall be based upon the Contract unit price for each manhole connection actually repaired. The Contract unit price shall be full payment for all material, labor, and cleanup required to complete each manhole connection repair . 20 . Flattop Replacement (omit): Payment for each flattop replacement shall be based on the Contract unit price for each flattop actually replaced. The Contract unit price shall be payment in full for all labor, material, and cleanup required to complete each flattop replacement. Payment for frame and cover replacement , grade rings, sealing, and concrete manhole collar as required to complete the manhole rehabilitation will be paid for separately at the applicable Contract Unit Prices . 21 . Bypass Pumping: All bypass pumping shall be a subsidiary obligation of the Contractor. All costs for bypass pumping shall be included in the Contract unit price for the items requiring bypass pumping. DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION A GENERAL: This item shall govern the preparation of surfaces for manhole rehabilitation. B. CLEANING : 1 1102104 1. Covers (screens) shall be placed over the pipe inverts to prevent extraneous material from entering the sewe r system . 2. All concrete that is not sound or has been damaged by chemical exposure shall be removed from the manhole . Loose and protruding brick, mortar and concrete shall be removed using a masonry hammer and chisel and/or scrapers. Existing roots and manhole steps shall be removed by cutting them flush with the wall of the manhole . 3. All contaminates including but not limited to: oils , grease, waxes , form release , curing compounds , efflorescence , sealers , sa lts , incompatible existing coat ings , and all other contaminants shall be removed . ASC-15 PART DA -ADDITIONAL SPECIAL CONDITIONS 4 . Surfaces to receive protective coating shall be cleaned and abraded to produce a sound concrete/brick surface with adequate profile and porosity ta provide a strong bond between the protective coating and the substrate. All foreign materials shall be removed from the manhole interior using high pressure water spray (3500 psi to 4000 psi). Cleaning equipment shall have a pressure gauge that indicates the water pres.sure being used . 5. Detergent water cleaning, muriatic acid, and hot water blasting shall be used, if necessary, to remove dirt, oils, grease, and other matter which may prevent a good bond of sealing material to the manhole surface. A mild chlorine solution (household bleach) may be used to neutralize the surface. to diminish microbiological bacteria growth prior to final rinse and coating . C. PRELIMINARY REPAIRS 1. AU unsealed lifting holes, unsealed step holes, voids larger than approximately one- half (1/2) inch in thickness shall be filled with patching compound at least one hour (1) prior to application of the first spray coat. 2. Active leaks shall be stopped using City approved products specifically for that purpose and according to manufacturer's recommendation. Some leaks may require grouting to stop the inflow. Grouting shall be performed in accordance with City specifications and Section DA-20 -PRESSURE GROUTING. 3. Bench area shall be built up if required to provide a uniform slope from the circumferences to the manhole trough. City approved cementitious patching compounds or epoxy grout as recommended by manufacture shall be used. 4. After all repairs have been completed, all loose material shall be removed from the manhole. Contractor shall insure no material is allowed to enter the sewer system . 5. Contractor shall ensure the manhole is clear of all detergents and cleaners and that all active infiltration has been stopped prior to application of protective manhole coatings for rehabilitation . D. INSPECTION Applicator shall carefully inspect all surfaces prior to application of protective coating and shall notify Owner of any noticeable disparity in the surface which may interfere with the proper performance of the repair mortar and protective coating . E. MEASUREMENT AND PAYMENT Payment far Surface Preparation shall be considered subsidiary ta the cost far Interior Manhole Coating or Protective Manhole Coating for Corrosion Protection. DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM OMITTED DA-13 INTERIOR MANHOLE COATING -QUADEX SYSTEM OMITTED 11/02104 ASC-16 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM DA-15 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM OMITTED OMITTED DA-16 INTERIOR MANHOLE COATING: PERMACAST SYSTEM WITH EPOXY LINER OMITTED DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM DA-18 RIGID FIBERGLASS MANHOLE LINERS DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION DA-20 PRESSURE GROUTING DA-21 VACUUM TESTING OF REHABILITATED MANHOLES A. GENERAL OMITTED OMITTED OMITTED OMITTED Scope. This section describes manhole testing to effectively confirm the watertight integrity of existing manholes following structural ,infiltration and inflow related repairs and that the appearance of the work is acceptable . Description: Infiltration may be observed in manhole defects at manhole walls , pipe seals or bench/trough areas . Infiltration related repairs are intended to eliminate leakage of groundwater into manholes . Inflow may be observed in manhole defects at manhole frames , covers , frame seals , grade adjustments , grade adjustment sea ls , corbels, or walls . Inflow related repairs are intended to eliminate sources of surface water entry that become active during rainfall events. Structural repairs may be required when making 1/1 related manhole repairs. Structural repairs may include defects in any manhole components but not displaying 1/1. Testing, Observations and Guarantee Periods : The testing required shall be performed by the Contractor at locations designated by the Engineer and documented to the satisfaction of the Engineer. Any new or rehabilitated manholes that are observed to be leaking by the Engineer during periods of high groundwater or during inflow conditions shall be subject to additional repairs. The Contractor shall be responsible for all additional repairs required on these unsatisfactory manholes during the guarantee period . All manhole rehabilitation work shall be warranted to be free of defects and of good workmanship for a minimum of three (3) years from the date of final acceptance of the project. Any manhole repairs completed by the Contractor which fail during the warranty period shall be repaired to the satisfaction of the C ity at no additional cost to the City. 11/02104 ASC-17 PART DA -ADDITIONAL SPECIAL CONDITIONS B. MATERIALS -Not specified. C. EXECUTION Infiltration Testing~ All interior coated manholes and all partial replacement manholes shall be observed (tested) by the Contractor in the presence of the Engineer for sources of infiltration. Observations will be made during high groundwater conditions, wherever possible. Manholes shall be tested after installation with all connections (existing and/or proposed) in place . Drop-connections and gas sealing connections shall be installed prior to testing. The lines entering the manhole shall be temporarily plugged with the plugs braced to prevent them from being drawn into the manhole . The plugs shall be installed in the lines beyond drop-connections, gas sealing connections , etc. The test head shall be placed inside the frame at the top of the manhole (so that the manhole frame seal is tested) and inflated in accordance with the manufacturer's recommendations . A vacuum of 10 inches of mercury shall be drawn, and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. If the drop in the level is less than 1-inch of mercury (final vacuum greater than 9-inches of mercury), the manhole will have passed the vacuum test. After a successful test , the temporary plugs will be removed. The required test time is determined from Table I. Table I MINIMUM TIME REQUIRED FOR A VACUUM DROP OF 1" H9 (1 O"H 9 -9"H 9 ) (SEC) DEPTH OF M.H . 48-lnch Dia . 60-lnch Dia . (FT.) Manhole Manhole 8 20 sec . 26 sec . 10 25 sec. 33 sec. 12 30 sec. 39 sec. 14 35 sec. 45 sec. 16 40 sec. 52 sec. 18 45 sec. 59 sec. ** T=5 sec. T=6.5 sec. 72-lnch Dia. Manhole 33 sec. 41 sec. 49 sec. 57 sec. 67 sec. 73 sec. T=8 sec. **For all Manholes over 18 feet in depth , add "T " seconds as shown for each respective diameter for each two feet of additio nal depth of manhole to the t ime shown for that 18 foot depth. [Example : A 30 (t h irty) foot deep, 48 (forty-eight) inch Manhole Total Test Time would be 75 .0 seconds . 45.0+6 (5 .0)=75.0 seconds] (Values li sted above are extrapolated from ASTM C924-85). Manhole v acuum levels observed to drop greater than 1-inch of mercury (F inal vacuum less than 9- inches of mercury) will have failed the test and will requ ire additional rehabilitation. The Contract or shall make the necessary repa irs to the already completed re h abilitation work at no additional compensation. If the failure of the vacuum test is determined to be due to preexisting conditions not on t he m anhole rehabilitation schedule for that manhole , t his additional work may be authorized by the Owner's Representative . After completion of the add itional rehabilitation the manhole shall then be re-tested as described above until a successful test is made . Only one payment for manhole vacuum t esting will be made on each manhole . Vacuum testing is requ ired on all manholes havi ng interio r rehabil itation . 1110210 4 ASC-18 - - PART DA -ADDITIONAL SPECIAL CONDITIONS Inflow Testing: All partially rehabilitated manholes shall be dyed water tested unless the manhole has successfully passed the vacuum test. Manholes shall be dyed water tested in the presence of the Engineer. The dye test shall consist of applying a concentrated dye solution around the manhole frame. Dyed water shall be applied for at least ten minutes . Manholes observed to be actively leaking greater than one drip per five seconds will have failed the test and will not be acceptable. Manholes failing the test will require additional rehabilitation by the Contractor at no additional compensation . Other Testing: One (1) rehabilitated manhole will be randomly selected for further testing. A laboratory selected by the City will take core samples of wall sections of manholes with wall coatings . Testing of the core samples will be done to evaluate material thickness , compressive strength, flexural strength and slant shear bond strength . The following are the minimum required strengths for cementitious and non-cementitious wall coatings: Compressive Strength. Compressive strength shall conform to ASTM C 495 and C 109 and shall meet or exceed a minimum 28-day break of 4 ,000 psi. Flexural Strength. Flexural strength shall conform to ASTM C 348 and shall meet or exceed a minimum 28-day break of 1,200 psi. Slant Shear Bond Strength. Slant shear bond strength shall conform to ASTM 882 modified and shall meet or exceed a minimum 28-day break of 2 ,400 psi. If the manhole tested fails to pass any of these requirements , another manhole shall be selected and tested. If the second manhole fails , the City may, at its option, stop work until the Contractor can provide assurance that testing requirements can be met. Guarantee: Contractor shall warrant that the workmanship and materials are free from defects and that the manholes are sealed from inflow and infiltration for a period of three (3) years from the date of final acceptance of the project. D . MEASUREMENT AND PAYMENT Payment for manhole vacuum testing shall be made at the Contract Unit Price bid for each Manhole Vacuum Test actually performed and passed and the appearance of the completed manhole is visually acceptable. Payment shall be full compensation for all labor and materials necessary to complete each test. No payment will be made for additional vacuum tests or any dyed water testing . 1 1/02104 ASC-19 PART DA -ADDITIONAL SPECIAL CONDITIONS Payment for manhole core testing , including all labor and materials necessary to complete each test , shall be made at the Contract Unit Price bid for each Manhole Core Test actually performed and passed. DA-22 FIBERGLASS MANHOLES OMITTED DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES OMITTED DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE DA-27 GRADED CRUSHED STONES OMITTED OMITTED OMITTED 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. For specifications governing this item see Item No . 208 "Flexible Base". The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. DA-28 WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE DA-29 BUTT JOINTS -MILLED DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER DA-32 NEW 7" CONCRETE VALLEY GUTTER DA-33 NEW 4" STANDARD WHEELCHAIR RAMP DA -34 8" PAVEMENT PULVER IZATION DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) DA-36 RAISED PAVEMENT MARKERS OMITTED OMITTED OMITTED OMITTED OMITTED OM ITTED OMITTED OMITTED OMITTED DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING OMITTED DA-38 LOADING, TRANSPORTATION, AND DISPOSAL OF CONTAMINATED SOIL OMITTED DA-39 ROCK RIPRAP -GRO UT -FILT ER FABRIC 11/02104 ASC-20 - PART DA -ADDITIONAL SPECIAL CONDITIONS A. GENERAL: 1. General Conditions , Supplemental Conditions, applicable requirements of Division 1 - General Requirements and the North Central Texas Council of Governments (NCTCOG) Standard Specifications, are hereby made a part of this section. 2. This item shall govern for the installation of rock riprap of the various sizes shown on the plans . {See sheet 17 of the plan sheets for details) B. DESIGN CRITERIA: 1. The toe of the riprap revetment shall be entrenched in stable channel bottoms. If the channel bottom is not stable, the design shall incorporate other requirements needed to stabilize the revetment toe. 2. The channel side slope shall be as shown on the drawings . 3. Engineering filter fabric material shall be placed underneath the riprap. 4. Riprap shall extend up the bank to an elevation where vegetation will provide adequate protection . See cross sections. C. PRODUCT: 1. RIPRAP MATERIAL: Stone for riprap shall be durable and of a suitable quality to insure permanence in the structure . It shall be free from cracks, seams and other defects that would tend to increase deterioration . Rock shall be reasonably well graded between the following prescribed limits: 24 " Riprap 18" Riprap Sieve Size (Square Mesh) 24inch 18 inch 12inch 6inch Sieve Size (Square Mesh) 18inch 12inch 6inch 3inch Percent Passing 100 80-90 45-55 0-20 Percent Passing 100 60-85 15-45 0-15 2 . RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid cubic foot (min .) calculated from the bulk specific gravity (saturated surface dry). 3. FILTER FABRIC BLANKET: Approved Manufacturer: • Supac-Heavy Grade 8NP (UV} ----------------"•--+T ..... r~-v.ira 011/28 11/02/04 ASC~aca 4553 • or Equal Heavy Grade PART DA -ADDITIONAL SPECIAL CONDITIONS 4. RIPRAP GROUTING a. FINE AGGREGATE: Fine aggregate for grouting mix shall consist of natural sand , manufactured sand, or a combination of natural and manufactured sands. The grading and uniformity of the fine aggregate shall conform to the following requirements as delivered to the mixers : Sieve Designation , U.S. Standard Square Mesh 3/8 in . (9.5 mm) No . 4 (4 .75 mm) No . 8 (2 .36 mm) No . 16 (1 .18 mm) No. 30 (600 um) No. 50 (300 um) No. 100 (150 um) Permissible Limits Percent by Weight, Passing 100 95 -100 80-95 55-75 30-60 12 -30 2 -10 D. EXECUTION : 11/02104 1. CONSTRUCTION : a. The channel side slope and the toe excavation shall be prepared to the required lines and grades . b. Filter fabric and riprap shall be placed in succession to the required thicknesses and elevations . Riprap shall be hand placed around structures to prevent damage to the structures . 2. INSTALLATION OF THE FILTER FABRIC (GEOTEXTILE): The geotextile shall be placed in the manner and at the locations shown on the drawings . At the time of installation , the geotextile shall be rejected if it has defects, rips , holes , flaws, deterioration or damage incurred during manufacture , transportation or storage . The surface to receive the geotextile shall be prepared to a relatively smooth condition free of obstructions , depressions , debris , and soft or low dens ity pockets of material. Eros ion features such as rills , gullies , etc . must be graded out of the surface before geotextile placement. The geotext ile shall be placed with the long dimension perpend icular to the centerline of the channel and laid smooth and free of tension , stress , folds , wrinkles , or creases . The strips shall be placed to provide a minimum widt h of 24-inches of overlap for each joint. Temporary pi n ning of the textile to help hold it in place until the rock r iprap is placed . The temporary pins shall be removed as the ri prap is placed to re lieve high tensile stress which ma y occur during placement of material on the geotextile . The specified p lacement procedure requires that the length of the geotextile be greater than the actual slope length . The Contractor shall adjust the actual length of the geotext ile used based on initia l ins tall ation experience . The geotext i le shall be protected at all times during co nstruction from contam ination by surface runoff and a ny geotextile so contaminated s hall be remo ved and replaced w it h ASC-22 - - ..... 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS uncontaminated geotextile . Any geotextile damaged during its installation or during placement of riprap shall be replaced by the Contractor at no cost to the Owner. The work shall be scheduled so that the covering of the geotextile with a layer of the specified material is accomplished within seven (7) calendar days after placement of the geotextile. Failure to comply shall require replacement of geotextile . The geotextile shall be protected from damage prior to and during the placement of rock riprap . Before placement of gabion units, the Contractor shall demonstrate that the placement technique will prevent damage to the geotextile . In no case shall any type of equipment be allowed on the unprotected geotextile. 3. RIPRAP PLACEMENT: Stone for riprap shall be placed on the filter fabric blanket in such a manner as to produce a reasonably well graded mass of rock with the minimum practicable percentage of voids and shall be constructed within the specified tolerance to the lines and grades shown on the drawings. Then intent of these specifications is to require placement of riprap to the thickness shown and to allow isolated stones to extend as much as six inches above grade . Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the fabric. The larger stones shall be well distributed and the entire mass of stones in their final position shall conform to the gradation specified hereinbefore . The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones . The desired distribution of the various sizes of stones throughout the mass shall be obtained by select ive loading of the material at the quarry or other source, by controlled dumping of successive loads during final placing , or by other methods of placement which will produce the specified results. Rearranging of individual stones , by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone specified above . The Contractor shall maintain the riprap protection until accepted. Any material displaced by any cause shall be replaced at his erosion to the lines and grades shown on the Drawings. 4. GROUT PLACEMENT: (Omitted for 0.0.E. No. 5405) Grout shall be composed of cement , water and air-entraining admixture and sand mixed in the proportions of 1 part of Portland cement to 3 parts of sand , sufficient water to produce a workable mixture, and that amount of admixture which will entrain sufficient air to produce durable grout , as determined by the ENGINEER. Sand for grouting shall conform to the requirements of paragraph: FINE AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for concrete except that the time of mixing shall be increased to that necessary to produce a mixture having a consistency such as to permit gravity flow into the interstices of the riprap with the help of limited spading and brooming . The grout shall be used in the work within a period of one (1) hour after mixing . Retempering of ground will not be permitted . Riprap shall not be grouted when the amb ient temperature is below 35 deg ree F. or above 95 degrees F. unless approved by the ENGINEER in writ ing ; nor when the grout, without spec ial protection, is likely to be subj ected to freezing temperatu res before final set has occurred . Prior to grouting , all surfaces of riprap sha ll be wetted . The ri prap shall be grouted in successive longitudinal strips , approximately 10 feet in width , commencing at the lowest st rip and work ing up the slope. Grout shall be brought to the place of final deposit by approved means , and in no case will grout be perm itted to flow on t he rip rapped surface a distance in excess of 10 feet. Immediately after dumping the batch of grout, it shall be distributed over the surface of t he strip by the use of brooms and the grout worked into place between stones with ASC-23 PART DA -ADDITIONAL SPECIAL CONDITIONS suitable spades , trowels, or vibrating equipment. As a final operation , the grout shall be removed from the top surfaces of the upper stones and from pockets and depressions in the surface of the stone protection. After completion of any strip as specified, no workman or any load shall be permitted on the grouted surface for a period of at least 24 hours . The grouted surface shall be protected from rain, flowing water, and mechanical injury. The surface of all grouted riprap shall be cured by keeping the surface continuously wet for a period of not less than 7 days . E. MEASUREMENT AND PAYMENT Payment shall be paid per square yard for 18" Rock Riprap and 24" Rock Riprap for the area shown on the plans . 1. FILTER FABRIC : Filter fabric will be placed as shown in the detail including that required at toes and thickened edges of riprap . Payment for filter fabric will be made at the contract unit price for 18" Rock Riprap and 24" Rock Riprap which includes all plant, labor, material, and all installation costs in-place, complete . 2 . STONE RIPRAP : Stone (rock) riprap will be measured by the square yard using actual plan dimensions. Payment for riprap will be made at the contract unit price of 18" Rock Riprap and 24" Rock Riprap wh ich includes all plant, labor, material, and installation costs in-place , complete. 3 . GROUT: (Omitted) Grout for rock riprap will be measured by the square yard using actual plan dimensions . Payment for grout will be made at the contract unit price per square yard which includes all plant , labor, material, and installation costs in-place, complete. DA-40 CONCRETE RIPRAP DA-41 CONCRETE CYLINDER PIPE AND FITTINGS DA-42 CONCRETE PIPE FITTINGS AND SPECIALS DA-43 UNCLASSIFIED STREET EXCAVATION DA-44 6" PERFORATED PIPE SUBDRAIN DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION DA-47 PAVEMENT REPAIR IN PARKING AREA DA-48 EASEMENTS AND PERMITS OMITTED OMITTED OMITTED OMITTED OMITTED OMITTED OMITTED OMITTED Easemen ts 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 11102104 ASC-24 - - PART DA -ADDITIONAL SPECIAL CONDITIONS description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item . DA-49 HIGHWAY REQUIREMENTS DA-50 CONCRETE ENCASEMENT DA-51 CONNECTION TO EXISTING STRUCTURES OMITTED OMITTED All connections between proposed and existing facilities, shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E 1-20 and E2-20 of the General Contract Documents. Prior to concrete placement , a gasket, RAM-Nek or approved equal shall be installed around penetrat ing 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 DA-53 OPEN FIRE LINE INSTALLATIONS DA-54 WATER SAMPLE STATION DA-55 CURB ON CONCRETE PAVEMENT DA-56 SHOP DRAWINGS OMITTED OMITTED OMITTED OMITTED 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders . The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept , and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intend s to use . If deviations , discrepancies or conflicts between subm ittals 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 11 /02104 ASC-25 PART DA -ADDITIONAL SPECIAL .CONDITIONS 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: Gopal Sahu 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 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP · DA-60 ASPHALT DRIVEWAY REPAIR DA-61 TOP SOIL OMITTED OMITTED OMITTED 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 OMITTED 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 ent it led to renegotiation of unit prices rega rd less of the final measured quantities . To the extent that C4-4 .3 conflicts with this provision , this provision controls . No claim 11102104 ASC-26 - ..... PART DA -ADDITIONAL SPECIAL CONDITIONS will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities . In particular, the Contractor shall be aware that it is the City 's intention that the quantities in Unit I be used on an "emergency" basis only. Total quantities given in the bid proposal may not reflect actual quantities ; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $200,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quantities shown and actual quantities performed . It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in not case exceed $200 ,000 (see Options to Renew) including all change orders . DA-64 WORK IN HIGHWAY RIGHT OF WAY DA-65 CRUSHED LIMESTONE (FLEX-BASE) OMITTED Crushed limestone required for use as a flexible base material shall conform to Specification Item No . 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-66 OPTION TO RENEW DA-67 NON-EXCLUSIVE CONTRACT DA-68 CONCRETE VALLEY GUTTER DA-69 TRAFFIC BUTTONS DA-70 PAVEMENT STRIPING DA-71 H.M.A.C. TESTING PROCEDURES DA-72 SPECIFICATION REFERENCES OMITTED OMITIED OMITTED OMITTED OMITTED OMITTED 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 , prio r 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 OMITTED DA-74 RESILIENT-SEATED GATE VALVES DA-75 EMERGENCY SITUATION, JOB MOVE-IN DA-76 1 %" & 2" COPPER SERVICES 1 1102104 ASC-27 OMITTED OMITTED OM ITTED PART DA -ADDITIONAL SPECIAL CONDITIONS DA-77 SCOPE OF WORK (UTIL. CUT) DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) DA-79 CONTRACT TIME (UTIL. CUT) DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) DA-82 LIQUIDATED DAMAGES (UTIL. CUT) DA-83 PAVING REPAIR EDGES (UTIL. CUT) DA-84 TRENCH BACKFILL (UTIL. CUT) DA-85 CLEAN-UP (UTIL. CUT) DA-86 PROPERTY ACCESS (UTIL. CUT) DA-87 SUBMISSION OF BIDS (UTIL. CUT) DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT Ill (UTIL. CUT) DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) OMITIED OMITIED OMITTED OMITTED OMITTED OMITIED OMITTED OMITTED OMITTED OMITTED OMITTED OMITTED OMITTED OMITTED DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) OMITTED DA-92 MAINTENANCE BOND (UTIL. CUT) DA-93 BRICK PAVEMENT (UTIL. CUT) DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) DA-98 UTILITY ADJUSTMENT (UTIL. CUT) OMITIED OMITTED OMITTED OMITTED OMITTED OMITTED OMITTED DA-99 STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) OMITTED DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) OMITTED 11/02104 ASC-28 - - PART DA -ADDITIONAL SPECIAL CONDITIONS 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.) OMITIED 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.) OMITIED DA-109 BRICK PAVEMENT REPAIR (MISC. REPL.) OMITTED DA-110 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) OMITTED DA-111 WORK ORDER COMPLETION TIME (MISC. REPL.) OMITTED DA-112 MOVE IN CHARGES (MISC. REPL.) OMITTED DA-113 PROJECT SIGNS (MISC. REPL.) OMITTED DA-114 LIQUIDATED DAMAGES (MISC . REPL.) OMITTED DA-115 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) OMITTED DA-116 FIELD OFFICE OMITTED DA-117 TRAFFIC CONTROL PLAN OMITTED DA-118 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS OMITTED DA-119 FIBERGLASS SEWER PIPE-GRAVITY SERVICE A GENERAL 1. Section Includes a) Fiberglass Reinforced Polymer Mortar Pipe . b) Flberglass Reinforced Polymer Mortar Manholes and Tee Bases . 2. References 11102104 ASC-29 PART DA -ADDITIONAL SPECIAL CONDITIONS a) ASTM 03262 -Standard Specification for "Fiberglass" (Glass-Fiber-Reinforced Thermosetting -Resin) Sewer Pipe . b) ASTM 04161 -Standard Specification far "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe Joints Using Flexible Elastomeric Seals. c) ASTM 02412 -Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading. 3. Specifications The specifications contained herein govern , unless otherwise agreed upon between purchaser and supplier. 4. Submittals Contractor shall submit load and pipe calculations confirming selected pipe behavior. Load calculations shall include,. but not limited ta , buckling resistance, pipe deflection, pipe wall strain cracking and wall crushing load . All design calculations shall be sealed by a Registered Professional Engineer of the State of Texas . Product data submittals ta include the following are as a minimum : Details of the proposed pipe. Details of proposed manholes . Properties , strengths, etc. of the pipe. Joint detail drawing, including maximum interior joint gap opening, in the deflected position and in the straight alignment. Instructions on storage , handling , transportation , and pipe installation .. Standard catalog sheets. Gasket type and composition showing ability to withstand the chemicals and conditions within sanitary sewers . Pipe laying schedule . Connections to all proposed structures including water stop . B. PRODUCTS 1. Materials 11/02104 a) Resin Systems: The manufacturer shall use only polyester resin systems with a proven history of performance in this particular application . The historical data shall have been acquired from a compos ite material of sim il ar construction and composition as the proposed product. b) Glass Reinforcements : The reinforcing glass fib ers used to manufacture the components shall be of highest quality commercial grade E-glass filaments with binder and sizing compatible with impregnating resins. c) Silica Sand : Sand shall be minimum 98% silica with a maximum moisture content of • 0 .2%. ASC-30 PART DA -ADDITIONAL SPECIAL CONDITIONS d} Additives : Resin additives, such as curing agents , pigments, dyes fillers , thixotropic agents , etc., when used , shall not detrimentally affect the performance of the product e) Elastomeric Gaskets: Gaskets shall be supplied by approved gasket manufacturers and be suitable for the service in tended. 2. Manufacture and Construction a) Pipes : Manufacture pipe to result in a dense , non-porous. corrosion-resistant , consistent composite structure. b) Joints: Unless otherwise specified, the pipe shall be field connected with fiberglass sleeve couplings that utilize elastomeric sealing gaskets made of EPDM rubber compound as the sole means to maintain joint watertightness . The joints must meet the performance requirements of ASTM 04161 . Joints at tie-ins, when needed may utilize fiberglass , gasket-sealed closure couplings . c) Fittings: Flanges , elbows , reducers , tees , wyes , laterals and other fittings shall be capable of withstanding all operating conditions when installed. They may be contact molded or manufactured from mitered sections of pipe joined by glass-fiber-reinforced overlays. Properly protected standard ductile iron, fusion-bonded epoxy coated steel and stainless steel fittings may also be used. 3. Dimensions a) Diameters : The actual outside diameter (18" to 48") of the pipes shall be in accordance with ASTM D3262. For other diameters , OD 's shall be per manufacturers literature . b) Lengths: Pipe shall be supplied in nominal lengths of 20 feet. Actual laying length shall be nominal +1 , -4 inches . At least 90% of the total footage of each size and class of pipe, excluding special order lengths, shall be furnished in nominal length sections. c} Wall Thickness: The minimum wall thickness shall be the stated design thickness . d) End Squareness : Pipe ends shall be square to the pipe axi s w ith a maximum tolerance of 1 /8". e) Manholes: Dimensions of manholes are shown on the plans or shall be submitted by the Contractor for approval. In general the tee base opening to the manhole riser shall be as large as the pipe diameter or as wide as the manhole frame cover. For the M-244A parallel collector project the size shall be 36 ~ in diameter. 4 . Testing a) Pipes: Pipes shall be manufactured and tested in accordance with ASTM D3262. 11/02/04 ASC-31 PART DA -ADDITIONAL SPECIAL CONDITIONS b) Joints: Coupling Joints shall meet the requirements of ASTM D4161. Stiffness: Minimum pipe stiffness when tested in accordance with ASTM D2412 should in no case have the stiffness be less than the following : Soil Cover < 15' Soil Cover > 15' and all levee crossings and river crossings 5. Customer Inspection >= SN46 >= SN72 a) The owner or other designated representative shall. be entitled to inspect pipes or witness the pipe manufacturing . b) Manufacturers Notification to Customer: Should the Owner request to see specific pipes during any phase of the manufacturing process, the manufacture must provide the Owner with adequate advance notice of when and where the production of those pipes wi.11 take place. 6. Packaging. Handling , Shipping a) Packaging, handling , and shipping shall be done in accordance with the manufacturer's instructions. C. E X E C U T I O N 1 . Installation a) Burial : The bedding and burial of pipe and fittings shall be in accordance with the project plans and specifications and the manufacturers requirements (Section 13 A of the product brochure). b) Pipe Handling : Use textile slings, other suitable materials or a forklift. Use of chains or cables is not recommended. c) Jointing: 1) · Clean ends of pipe and coupling components . 2) Apply joint lubricant to pipe ends and elastomeric seals of coupling. Use only lubricants approved by the pipe manufacturer. 3) Use suitable equipment and end protection to push or pull the pipes together. 4) Do not exceed forces recommended by the manufacturer for coupling pipe. - 5) Join pipes in straight alignment then deflect to required angle. Do not allow the deflection angle to exceed the deflection permitted by the manufacturer. - d) Field Testing 11102104 ASC-32 PART DA -ADDITIONAL SPECIAL CONDITIONS 1) Contractor shall not use the Fort Worth Water Department Material Specification E2-9.7c Exfiltration Test Pneumatic Method:. Air Test. The Contractor shall test according to the current edition of NCTCOG -Standard Specification for Public Works, 6.72f Low Pressure Air Test -3) Test Methods. The Time Pressure Drop Method will be used for this project 2) Infiltration / Exfiltration Test: Maximum allowable leakage shall be per local specification requirements. 3) Deflection: Maximum allowable long-term deflection is 5% of the initial diameter. DA-120 HINGED MANHOLE UPAMREX". or similar approved Manhole Cover and Frame. Covers and frames shall be manufactured from ductile iron. Covers shall be hinged, and incorporate a 90 degree blocking system to prevent accidental closure when in the open position. Covers shall be one man operable using standard tool.sand shall be capable of withstanding a test load of 80,000 lbs. Frames shall incorporate a continuous seating ring, have a 32" clear opening, frame depth shall not exceed 5P , the flange shall incorporate bedding slots and bait hales. All components. shall be black coated. The manhole frame shall be installed with the hinge end aligned with the flaw of traffic ta allow traffic to close frame when gas pressure partially lifts lid . The contractor SHALL NOT provide the manufactures locking mechanism. DA-121 T -LOCK SHEET LINER A. General This specification cavers the supply and installation of a flexible sheet liner with locking extensions in reinforced concrete pipe and auxiliary structures to effectively protect the exposed concrete surfaces from corrosion. To accomplish this, the liner must be continuous and free. of pinholes both across the joints and in the liner itself. All work for and in connection with the installation of the lining in concrete pipe, and the field sealing and welding of joints, shall be done in strict conformity with all applicable specifications, instructions and recommendations of the lining manufacturer. The manufacturer of the lining shall furnish an affidavit attesting ta the successful use of its material as a lining for sewer pipes for a minimum period of 40 years in sewage conditions recognized as corrosive or otherwise detrimental to concrete. 8. MATERIAL a) Liner shall be Amer-Plate T-Lack as manufactured by Ameran Protective Linings Division , Brea, California or approved equal. 1. Composition 11102104 ASC-33 PART DA -ADDITIONAL SPECIAL CONDITIONS a) The material used in the liner, welding strips, and other accessory items, shall be a combination of poly vinyl chloride resin, pigments and plasticizers. specially compounded to remain flexible. Poly vinyl chloride resin shall constitute not less than 99 percent, by weight, of the resin used in the formulation. Copolymer resins will not be permitted. Linear Low Density Polyethylene (LLDPE) may also be specified-- 2. Physical Properties a) All plastic liner plate sheets, welding strips and other accessory items, shall have the following physical properties when tested at 77°F± 5° (25°C±3°). Property Tensile Strength (15 Mpa min.) (14.5 Mpa min .) Elongation at break Shore durometer, Type D (with respect to initial test result) 10-sec. 35-50 ±5 Initial 2200 psi min. 2100 psi min. 200% min. 1-sec, 50-60 ±5 (Par2.4) 200% min. Weight change 1.5% b) Tensile specimens shall be prepared and tested in accordance with ASTM D412 using Die B. Weight change specimens shall be 1-inch (25-mm) by 3-inch (75-mm) samples . Specimens for testing of initial physical properties may be taken from liner plate sheet and welding strip at any time prior to final acceptance of the work. c) Liner plate locking extensions embedded in concrete shall withstand a test pull of at least 100 pounds per linear inch (1800 kg/cm), applied perpendicularly to the concrete surface for a period of one minute, without rupture of the locking extensions or withdrawal from embedment. This test shall be made at a temperature of 70°-80°F (21 ° -27°C) inclusive. d) All plastic liner plate sheets, including locking extensions, all joint, corner and welding strips shall be free of cracks , cleavages or other defects adversely affecting the protective characteristics of the material. The engineer may authorize the repair of such defects by approved methods. e) The lining shall have good impact resistance, shall be flexible. and shall have an elongation sufficient to bridge up to 1/4" (6mm) settling cracks, which may occur in the pipe or in the joint after installation without damage to the lining. f) The lining shall be repairable at any time during the life of the pipe or structure. 3. Chemical resistance* 11/02104 After conditioning to constant weight at 110°F (43°C}, tensile specimens and weight change specimens shall be exposed to the following solutions for a period of 112 days at 77'°F±5° (25°C±3°). ASC-34 - - - - - PART DA -ADDITIONAL SPECIAL CONDITIONS At 28-<lay intervals, tensile specimens and weight change specimens shall be removed from each of the chemical solutions and tested in accordance with paragraph 2.3 C . If any specimen fails to meet the 112-day requirements before completion , the material will be subject to rejection. Chemical Solution Sulfuric acid Sodium hydroxide Ammonium hydroxide Nitric acid Ferric chloride Soap Detergent (linear alkyl benzyl sulfonate or LAS) Bacteriological Concentration 20%** 5% 5%** 1/%** 1% o. 1% 0.1% BOD not less than 700 ppm. *This ;s ta be used as a pre-quaft1ication test and when material formulations are changed. **Volumetric percentages of concentrated C.P. grade reagents . 4. Details and dimensions of basic size sheets (4-foot widths) a} Liner sheets shall be a minimum of 0.065 inch (1.65 mm) in thickness. Locking extensions (T-shaped) of the same material as that of the liner shall be integrally extruded with the sheet. Locklng extensions shall be approximately 2~ inches (64mm) apart and shall be at least 0.375-inch (9-mm) high. b) Sheets shall have a nominal width of 48 inches (1200 mm) and a length of no more than 24 feet (7200 mm), except that longer lengths may be supplied on special order. Lengths specified shall include a tolerance at a ratio of ±1/4 inches (6 mm) for each 100 i.nches (2500 mm). c) Sheets not used for shop fabrication into larger sheets shall be shop tested for pinholes using an electrical spark tester set between 18,000 and 22,000 volts. Any holes shall be repaired and retested. d) Special sized, factory prewelded and tested sheets shall be available on special order. 5. Pipe-size sheets and accessories 11/02104 a) Pipe linings shall be supplied as pipe-size sheets, fabricated by shop-welding the basic-size sheets together. Shop welds shall be made by lapping sheets a minimum of ~ inch and applying heat and pressure to the lap to produce a continuous welded joint. Tensile strength measure across shop-welded joints in accordance w ith ASTM 0412 shall be at least 2000 psi (14 MPa). b) If required, strap channels shall be 1-inch (25-mm} wide maximum of 3/16 inch (5mm) remains. ASC-35 PART DA -ADDITIONAL SPECIAL CONDITIONS c) Sheets also can be supplied in prefabricated, pipe-size tubular-shaped sheets, ready to lower onto the inner pipe forms. These normally do not require the use of strap channels . d) Transverse flaps may be provided at the ends of sheets far pipe . Locking extensions shall be removed from flaps so that a maximum of 1/32 inch (1 mm) of the base of the locking extension is left on the sheet e) Welding strips shall be approximately 1-inch (25-mm) wide with a minimum width of 7/8 inch (22mm). The edges of weld strips shall be beveled in the manufacturing process .. Thickness of weld strip shall be a normal 1/8 inch (3 mm). f) Joint strips for pipe shall be 4-inches (100mm) wide with a minimum width of 3* inches (94 mm). Th ickness of j oint strips shall be a nominal of 3/32 inch (2 ,3 mm) g) Prior to preparing the sheets for shipment, they shall be tested for pinholes using an electrical spark tester set between 18,000 and 22 ,000 volts. Any holes shall be repaired and retested . C. Installation of Lining General 11/02104 a) Installation of the lining , including preheating of sheets in cold weather and the welding of all joints, shall be done in accordance with the recommendations of the liner manufacturer. All welding shall be completed by a certified welder. b) Coverage of the lining shall not be less than the minimum shown on the plans . c) The lining shall be installed with the locking extensions running parallel with the longitudinal avis of the pipe. d) The lining shall be held snugly in place against inner forms . e) Locki ng extensions shall terminate not more than 1 Yi inches (38 mm) from the end of the ins ide surface of the pipe section. Joint flaps when used shal.l extend approxim ately 4 inches (100 mm) beyond the end of the inside surface .. f) Concrete poured against lin ing shall be v ibrated , spaded or compacted in a careful man ner so as to protect the lining and produce a dense , ho mogenous concrete , s.ecu rely anchoring the lock ing extensions into the concrete . g) In removing forms , care sho u ld be taken ta p rotect the lin ing from damage. Sharp instruments shall not be used to pry forms from lined surfaces . When forms are removed , any nail s that remain in the lini ng shall be pulled , w ithout tearing the lining , and t he resulting holes clearly marked . h) All n ai.l and tie holes and a ll cut, torn and seriously abraded areas in the lining shall be patched . Patches made e nti rely w ith weld ing strip s hall be fused to the liner over th e ent ire patch ar ea . Larger patches may cons ist of smooth li ner s heet applied over the ASC-36 - PART DA -ADDITIONAL SPECIAL CONDITIONS damaged area with adhesive. All edges must be covered with welding strip fused to the patch and the sound lining adjoining the damaged area. i) Hot joint compounds, such as coal tar, shall not be poured or applied to the lining . j) The contractor shall take all necessary measures to prevent damage to installed lining from equipment and materials used in or taken through the work. Application to Concrete Pipe -Special requirements. a) The lining shall be set flush with the inner edges of the bell or spigot end of a pipe section and shall extend ta the opposite end or to approximately 4 inches (100 mm) beyond the opposite end depending upon the type of lining joint to be made with the adjoining concrete pipe. b) Wherever concrete pipe or cast-in-place structures protected with lining, join structures not so lined {such as brick structures, concrete pipe or cast-in-place structures with clay lining or clay pipe}, the lining shall be extended over and around the end of the pipe and back into the structure for not less than 4 inches (100 mm). this protecting cap may be molded or fabricated from the lining material but need not be locked into the pipe . c) Where a pipe lateral (not of plastic lined concrete) is installed through lined concrete pipe, the seal. between the lined portion and the lateral shall be made by the method prescribed for cast-in-place structures under Paragraph 3.4 B. d) Lined concrete pipe may be cured by standard curing methods. e) Care shall be exercised in handling, transporting and placing lined pipe to prevent damage to the lining. No interior hooks or slings shall be used in lifting pipe. AU handling operations shall be done with an exterior sling or with a suitable fork lift. f) On pipe having 360" liner coverage, the longitudinal edges of the sheet shall be butt welded. When pipe tubes are furnished, these are shop-welded joints made in accordance with 2.6 A . g) No pipe with damaged lining will be accepted until the damage has been repaired to the satisfaction of the engineer. Field joints in lining for concrete pipe 11/02/04 a) The joint between sections of lined pipe shall be prepared in the following manner: If required, the inside joint shall be filled and carefully pointed with cement mortar in such a manner that the mortar shall not. at any point , extend into the pipe beyond the straight line connecting the surfaces of the adjacent pipe sections. Pipe joints must be dry . before lining joints are made. b) All mortar and other foreign materials shall be removed from lining surfaces adjacent to the pipe joint, leaving them clean and dry, ASC-37 PART DA -ADDITIONAL SPECIAL CONDITIONS c) Field joints in the lining at pipe joints may be either of the following described types: Type P-1: The joint shall be made with a separate 4-inch (100-mm) joint strip and two welding strips. The 4-inch (100-mm) joint strip shall be centered over the joint, heat- sealed ta the lining, then welded along each edge to adjacent liner sheets with a 1- inch (25-mm) weld strip . The 4-inch (100-mm) joint strip shall lap over each sheet a minimum of Yz inch (13 mm). Type P-2 The joint shall be made with a joint flap with locking extensions removed per Paragraph 2.6 D and extending approximately 4 inches (100 mm) beyond the pipe end . The joint flap shall overlap the lining in the adjacent pipe section a minimum of Yz inch (13 mm) and be heat-sealed in place prior to welding. The field joint shall be completed by welding the flap to the lining of the adjacent pipe using 1-inch (25-mm) weld strip. Care shall be taken to protect the flap from damage . Excessive tension and distortion in bending back the flap to expose the pipe during laying and joint mortaring shall be avoided. At temperatures below 50° F (10° C), heating of the liner may be required to avoid damage. d) The joint flap or strip on beveled pipe shall be trimmed ta a width (measured from the end of the spigot) of approximately 4 inches (100 mm) for the entire circumferential length of the lining . e) All welding of joints is to be in strict conformance with the specifications and instructions of the lining manufacture. Welding shall fuse both sheets and weld strip to.gether to provide a continuous joint equal in corrosion resistance and impermeability to the liner plate. Hot air welding tools shall provide effluent air to the sheets to be joined at a temperature between 500° and 600°F (260° and 316° C). Welding tools shall be held approximately Yz inch (13 mm) from and moved back and forth over the junction of the two materials to be joined. The welding tool shall be moved slowly enough as the weld progre.sses ta cause a small bead of molten material to be visible along both edges and in front of the weld strip . f) The following special requirement shall apply when the liner coverage is 360 degrees: When groundwater is encountered the lining joint shall not be made until pumping of groundwater has been discontinued far at least three days and no visible leakage is evident at the joint When welding the downstream side of a joint strip or flap , do not weld 6 to 8 inches (150 to 200 mm) at the pipe invert to provide relief of potential future groundwater buildup . Application to cast-in-place concrete structures -Specia l requirements. 11/02104 a) Linear sheets shall be closely fitted and properly secured to the inner forms. Sheets shall be cut to fit curved and warped surfaces using a minimum number of separate pieces. b) Unless otherwise shown on the plans , the lining shall be returned at least 3 inches (75 mm) at the surfaces of contact between the concrete structure and items not of concrete (including manhole frames , gate guides , clay pipe or brick manholes and clay or cast iron pipes). The same procedure shall be followed at joints where the type of ASC-38 - - - - PART DA -ADDITIONAL SPECIAL CONDITIONS protective lining is changed or the new work is built to join existing unlined concrete. At each return, the returned liner shall be sealed to the item in contact with the plastic- lined concrete using Amer-Plate 19Y adhesive system. If the liner cannot be sealed with this adhesive because of the joint at the return being too wide or rough or because of safety regulations, the joint space shall be densely caulked with lead wool or other approved caulking material to a depth of 2 inches (50 mm) and finished with a minimum of 1 inch (25 mm) of an approved corrosion resistant material. Joints in lining for cast-in-place concrete structures. a) Lining at joints shall be free of all mortar and other foreign material and shall be clean and dry before joints are made. b) Field joints in the lining shall be of the following described types, used as prescribed: Type C-1: The joint shall be made with a separate 4-inch ( 100-mm) joint strip and two welding strips. The 4-inch (100-mm) joint strip shall be centered over the joint, heat- sealed to the liner then welded along each edge ta adjacent sheets with a 1-inch (25- mm) wide welding strip . The width of the space between adjacent sheets shall not exceed 2 inches (50 mm). The 4-inch (100-mm) joint strip shall lap over each sheet a minimum of~ inch (13 mm). It may be used at any transverse or longitudinal joint Type C-2 The joint shall be made by lapping sheets not less than ~ inch (13 mm). One 1-inch (25-mm) welding strip is required. The upstream sheet shall overlap the one downstream. The lap shall be heat-sealed into place prior to welding on the 1-inch (25-mm) welding stri p. Type C-3: The joint shall be made by applying 2-inch (50-mm)-wide waterproof tape or 1-inch (25-mm)-wide welding strip on the back of the maximum Y..-inch (6-mm) gap butt joint or by some other method approved by the engineer to prevent wet concrete from getting under the sheet. After the forms have been stripped, a 1-inch (25 mm) welding strip shall be applied over the face of the sheet c) All welding is to be in strict conformance with the specifications of the lining manufacturer and Paragraph 3 .3 E. Testing and repairing damaged surfaces. 11/02104 a) After the pipe is i nstalled in the trench, all surfaces covered with lining , including welds shall be tested w ith an approved electrical holiday detector (Tinker & Raso r Model No. AP-W with power pack) with the instrume nt set between 18,00 and 22 ,00 volts . All welds shall be physically tested by a nondestru ctive p robing method . All patches over holes, or repairs t o the liner wherever damage has occurred, shall be accompli shed in accordance with Parag raph 3 .1 H. b) Each t ransverse welding strip which ex.tends to a lower edge of the li ner will be tested by t he purchasing agency. The welding strips shall extend 2 inches. (50 mm) below the liner to provide a tab. A 10-pound {5kg) pull will be applied to each tab. The farce will be applied normal to the face of the stru cture by means of a spring ba lance. Liner adjoining the welding strip will be held against the concrete during appli cation of the ASC-39 PART DA -ADDITIONAL SPECIAL CONDITIONS force. The 10-pound (5 kg) pull will be maintained if a weld failure develops, until no further separation occurs. Defective welds will be retested after repairs have been made. Tabs shall be trimmed away neatly by the installer of the liner after the welding strip has passed inspection. Inspection shall be made within 2 days after the joint has been completed in order to prevent tearing the projecting weld strip and consequently damage to the liner from equipment and materials used in or taken through the work. DA-122 PASSIVE ODOR CONTROL FOR VENT PIPE A GENERAL 11 /02104 1. SECTION INCLUDES a. Media Adsorption Hardware b. Media c. Manufacturer's Services 2. REFERENCES 3. a. American Society of testing and Materials ( ASTM ): 1. ASTM D-3299-88 Standard Specification for Filament Wound Glass Fiber Reinforced Thermosetting Resin Chemically Resistant Tanks. b. Voluntary Product Standard 1. PS 15-69 c . Uniform Building Code ( UBC ) DEFINITIONS a. PPL : polypropylene b. PVC : polyvinyl chloride C. CFM Cubic Feet per Minute 4 . SYSTEM DESCRIPTION a. The Contractor shall furnish and install the self-contained canister described herein . The purpose of these canisters shall be to remove H2S and other odors or VOCs emanating from ambient emissions. Each canister includes the following: 1. Adsorber Canister 2 . Media b . The canister and media function as a system and shall be the end products of Bay Products , Inc. or equal , to achieve standardization for appearance, operation , maintenance, spare parts, and manufacturer's services .. The unit must be capable of being submersed with out the media becom ing wet. C. There will be ( } absorption canisters required, as delineated be low: System Desi nation Quantity ASC-40 CFM -Vessel Dimensions maximum - PART DA -ADDITIONAL SPECIAL CONDITIONS I VEN.T-A-SORB ocu 5. SUBMITTALS 115 I 30"L x 6.50"W a. Submit the following items at the same time under one cover (1 week after receipt of order}: 1. Documentation to demonstrate that the reaction system is the standard product of the supplier. 2. Documentation to demonstrate that the manufacturer has been regularly engaged in fabricating odor control systems for at least 5 years . 3. Shop drawings and/or catalog cuts of supplied items. b. Submit also the following (1 week after receipt of order): 1. Installation Instructions 2. Operation and Maintenance Instructions B. PRODUCTS 1. GENERAL 11/02104 a. The Contract Documents indicate specific required features of the equipment, but do not purport to cover all details of design and construction. 2 . ADSORPER CANISTER (S) a . The self-contained, adsorber canister shall be a VENT-A- SORB Canister, as supplied by Bay Products, Inc. (1-800- 429-8175} or equal. b . The adsorber canister shall be manufactured of Schedule 40 PVC , or equal. The canister shall have no moving parts. c . The adsorber canister shall contain the carbon bed with a polyethylene screen an both ends of mesh size 0.94" and a weight of 96 lbs/MSF. Adsorber design shall utilize "Plug Flaw" air distribution (the air passes through the media bed uniformly, exiting through the outlet) d . The canister shall have the following features : C. d. 1. 2 . Inlet: 8" ANSI 150# Flanged, PVC Sch 40 construction Outlet: 2" opening with screen with 2" PVC ball check valve with EPDM seal The canister shall be rated at +/-20 psig The canister shall be capable of operating at an air flow rate of up to 15 CFM ASC-41 PART DA -ADDITIONAL SPECIAL CONDITIONS e. The flanged inlet shall be provided with a EPDM or Neoprene gasket for water tight seal on vent pipe. 3 . MEDIA a. The media utilized by the reactor vessel shall be provided by the system supplier and supplied separately to be installed by others after vessel installation . b.. MEDIA: The amount of media (OdorSorb-max) contained is 10 pounds and shall have the following properties: Carbon Tetrachloride Activity (wt.%) Hardness Number Moisture Content Ash Content Mean Particle Diameter (MPD) Apparent Density (g/ml). Total Surface Area (N 2 -BET method) Ignition Temperature (ASTM) Typical H2S Capacity 60min. 99% min . 10% max . 10% max. 4 mm , pellets 0.480 to 0 .520 1050 to 1150 m2/gm 4507C 0.22 glee * The determination of H2S breakthrough capacity will be made by passing a moist ( 85% R.H . ) air stream containing 1 % H2S at a rate of 1,450 cc/min. through a 1 inch diameter by 9 inch deep bed of uniformly packed activated carbon and monitored to 50 ppm breakthrough. Results are expressed in grams H2S removed per cc of carbon . C. EXECUTION 11102/04 1. MANUFACTURER'S SERVICES a . No on-site assistance shall be required . The adsorber canister shall come with installation instructions, which allow the operato r to install the unit without Manufacture's supervis ion . 2 . QUALITY ASSURANCE a . T he e ng ineer may provide and d i rect inspectors to inspect the equ ipment at the place of manufacture or upon arrival at the job site. The manufacturer s ha ll f urnis h all reasonable ass istance , if requ ired by the engineer o r in spect or, for t he proper inspectio n of the wor k. Inspection shall not relieve the manufacturer from any obligation to perform the work strictly in accordance with th is specification . Work not so perfo rmed sha ll be replaced by the man ufactu rer at his own e x pense. ASC -42 PART DA -ADDITIONAL SPECIAL CONDITIONS D. LOCATIONS Odor Control devices for vent pipes are to be located at Proposed Junction Structure as shown in the plan details . DA-123 STOP LOGS ASSEMBLIES A. GENERAL 1. SCOPE This specification relates to the design, materials of construction, fabrication, and furnishing of stop logs, related frames and accessories, required for the complete and proper operation of the system. The Contractor shall furnish and install all stop log assemblies to satisfactory fit with the design of the junction structure in the plans. The installation shall be complete and operable, in accordance with the requirements of the Contract Documents and manufacturers materials. Equipment provided under this item shall be fabricated, assembled, erected, and placed in proper operating condition in full conformity with drawings, specifications, engineering data, instructions, and recommendations of material suppliers, unless exceptions are noted by the Engineer. 2. ACCEPT ABLE MANUFACTURERS a. Rodney Hunt b. Fontaine c. Hydro Gate Corp. d. Others as Approved by Engineer/City 3. SUB MITT ALS a . 11/02104 1. 2. 3. 4. 5 . 6. Submit six copies of all materials required to establish compliance with this section. Submittals shall include the following: Complete description of all materials Certified shop and installation drawings showing materials, details of construction, dimensions, stop log bracing calculations and anchorage (if not included and differs from this specification. Note: calculation based on height of structure upstream and downstream of stop log. Descriptive literature, bulletins and/or catalogs of the equipment. A complete bill of materials Evidence of structural analysis and testing of materials If any dimension differs from plan sheet 15 and 16, the Contractor is to submit a suggested rebar reconfiguration. ASC-43 PART DA -ADDITIONAL SPECIAL CONDITIONS b. Operation and Maintenance Data 1. Operating and maintenance instructions shall be prepared specifically for this installation and shall include all required cuts, drawings , equipment lists, descriptions that are required to instruct operating and maintenance personnel unfamiliar with such equipment. The maintenance instructions shall include trouble shooting data and full preventive maintenance schedules. 2. A factory representative who has complete knowledge of proper operation and maintenance shall attend the leakage test. 4. ALLOW ABLE LEAKAGE Stop logs shall be substantially watertight under the design head condition. The maximum permissible leakage will be limited to 0.2 gallons per minute per foot of seating length or as deemed acceptable by Fort Worth Field Operations. 5. WARRANTY Manufacturers must be fully experienced, reputable, and qualified in the manufacture of the product. Manufacturers shall warrant the product from defects for a period of two years from the date of delivery. B. PRODUCTS 11/02104 1. GENERAL SERVICE CONDITIONS Service conditions are as designated on the contract drawings. The maximum height of the guides shall meet or exceed the maximum head of water. 2. GUIDE FRAME a. General: Frames shall be adequately braced to prevent warping and bending under the intended usage. b. Guide Frame: Guides shall be of fabricated stainless steel. All material, such as anchors and bolts , shall be type 316 stainless steel when ever possible. C. Guides shall be designed and constructed to withstand the total thrust caused by water pressure. Typical Stop Log Panels: Stop log panels shall be manufactured of one piece extruded 6061-T6 aluminum. The stop log panel shall not deflect more than 1/360 span of the log under the design head. The bottom of the ASC-44 PART DA -ADDITIONAL SPECIAL CONDITIONS log shall be extruded in a manner to accept a resilient seal to provide a flush bottom closure. The resilient seal along the bottom of each log shall seal on the si ll plate or top of another log . Seals may also be required within the frame guide itself in order to prevent leakage. Furnish aluminum guide and support shoes on the ends and bottom s of each stop log in order to hold the unit squarely in place. Stop log panels shall be equipped with three attachment points in the top of each stop log, one in the center and one near each end. Stop log panels shall be of sufficient weight to resist buoyancy. Shop drawings shall include dimensions , materials and weight as a minimum for each piece of equipment. Drawings shall also show fabrication, assemble and installation. d. Typical Seals: Stop log seals shall be made of neoprene rubber and shall provide a lip-type seal. The shape of the seal shall provide a seating surface having a minimum width of 3/4". The seals shall be located along the bottom of each log section and along both ends of each log and shall be mechanically attached to the log. Adhesives alone are not an acceptable mounting method. Attaching hardware for seals shall be stainless steel. Seals shall be mounted in a manner that allows for easy replacement in the event of damage. e. Typical Seat: Stop log seat shall be flush mounted, neoprene material. f. Anchor Bolts and Hardware: All assembly anchor bolts and hardware shall be stainless steel, Type 316 (Type 304 as an alternative pending approval). All anchor bolts and hardware shall be furnished by the stop log manufacturer. Grout: Non-shrink, per specifications. J-~ ~r\J.J.~ ,V',..o}, ~ 3. ALLOWABLE LENGTHS AND WIDTH r -.\ L, See plans sheet 15 and 16 for plan-profile and ty,.Pic~l dimension of stop loBs. . .1. r j_ cc Cf~ Thz. CIPTf-rz:t~~~ ~ll su-prut (;J. ve,-f1-ial +wt of sfrf )oq?S W-fh1S p;ojecr to ;-_0.\ C EXECUTION~ ~,h1 «~s ~ 6 n f~h Sh{'<ls ISP. ciYJ. i.CoK -Th~ sf'r l 15 w,lf · k ,c.J,. +a Hll .ttPO (, +lri,--/t,r~ ~ /c)e:;sf.,fs IY\ h D1 ver,;uR ~ruc.turc. (i.; ~i on r...1 + I :,J J 1. INSTALLATION \0 · ' a . 11/02/04 Stop log assemblies shall be installed in strict accordance with the manufacturer 's printed recommendations and the requirements herein . During construction, the surfaces of the guide frame and stop log panels shall be co vered or otherwise protected from concrete spillage , paint, or ASC-45 PART DA -ADDITIONAL SPECIAL CONDITIONS debris. Any damage that occurs to materials shall be corrected prior to installation and testing. b. Guide frames shall be accurately positioned and supported to prevent shifting during the pouring of concrete or grouting. Guide frames shall be carefully braced both horizontally and vertically to prevent distortion. Guides shall be installed in a true vertical plane. If there are any difficulties in operation of the equipment due to the fabrication or the contractor's installation, additional service shall be provided at no additional cost to the owner. The Contractor is responsible to provide adequate clearance (per manufacturer) between the stop log and the guide frame. c. Field Leakage Test: A field leakage test shall be performed by the Contractor after installation of the stop log frame assembly. The manufacturer shall be notified of the test in sufficient time to enable him to have a representative present at the test. In the event that the unit fails the leakage test , the necessary changes shall be made and the unit reinspected and retested. If any unit remains unable to meet the test requirements, it shall be removed and replaced with satisfactory equipment at no additional cost to the owner. d. The City has the right to withhold payment until the junction structure stop logs operation has been determined to be satisfactory. DA-124 REINFORCED CONCRETE PIPE (RCP) Description. This Item shall govern reinforced concrete pipe (RCP) ASTM C76 . Approved manufacturer is Hanson Pipe & Products or approved equal. Installation and testing shall equal or exceed the manufacturer's standards. RCP shall have a 360 degree liner as stated in DA-121 . All other Fort Worth standard specifications apply. Contractor shall not use the Fort Worth Water Department Material Specification E2-9.7c Exfiltration Test Pneumatic Method: Air Test. The Contractor shall test according to the current edition of NCTCOG -Standard Specification for Public Works , 6 .72f Low Pressure Air Te st -3) Test Methods . The Time Pressure Drop Method will be used for this project. The contractor shall verify the following pipe class breakout from the ground cover and 100 year flood elevation indicated in t he plans . The pipe class shall be class Ill. The unit price bid per LF shall be full compensation for all materials , labor, equipment and incidentals necessary to complete the work. DA-125 CUT AND PLUG 11102104 ASC-46 PART DA -ADDITIONAL SPECIAL CONDITIONS This section clarifies cutting and plugging on this project. The cutting and plugging of sewers includes all related costs to brick bulkhead pipe, backfill excavation and return area to the original or better condition . When a pipe is excavated for cutting and plugging pipe, the pay item "cut and plugn includes cutting through the entire existing pipe and installing a brick bulkhead on both cut ends of the pipe. The bulkhead shall be brick with non-shrink grout that is specified by the City for use in sanitary sewer construction. DA-126 REMOVE JUNCTION STRUCTURE Junction structures to be removed shall have all pipes entering or exiting the structure plugged with a brick bulkhead as in section DA 125. Structure top and/or cone sections shall be removed along with connecting exterior and interior walls . Floor and foundation sections shall be removed entirely unless they are oriented 12-inches or more below the exterior limits of any new utilities or structures to be placed above them. The structure locati.on shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand, flowable fill or as approved by the Engineer. Surface restoration shall be compatible with surrounding service surface. Payment for work involved in back1illing, plugging of pipe(s) a.nd all other appurtenances required , shall be included in the appropriate bid item -Abandon Junction Structure. END OF SECTION 11/02104 ASC-47 Certificate of Insurance -. _____ ) (1)' ~ Q fj ~ r:r.i a; ~ ~ u ~ ~ ~ 0 ~ ~ >I.. ~ >-E-< -u b E-< ... ---!.=:it .I ~ ACORQ .. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 01/05/2009 PRODUCER (817)45 7-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1121 E. Loop 820 South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 8720 Fort Worth, TX 76124-0720 , INSURE~$ AFFORDING COVERAGE NAIC# 1NSUR ED Conatser Construction TX, LP INSU RER A: Bituminous Casualty Corp ~+ IX P .O.Box 15448 INSURER B: Bituminous Fire & Marine Ins Co A+ IX Fort Worth, TX 76119 INSURER C: INSURER 0 : IN SURER E: COVERAG S TH E PO LI CIES O F IN SURA NCE LI ST ED B ELOW HAVE BEEN ISS UED TO THE INS URED NAMED ABOVE FO R THE PO LI CY PERIOD _INDICAT ED . NO TWITHSTAND ING ANY REQUIREMENT , TERM OR C OND ITI O N OF ANY CO NT RAC T O R OTHER DO CUMENT WITH R ESPECT TO WH ICH TH IS CERT IF ICATE MAY BE ISSUED OR MAY PERTAIN, THE IN SURANCE AFFORDED BY THE PO LI C IES DESC RI BE D HEREI N IS S UBJECT TO A LL THE TE RMS, EXC LU SIO NS AND CO N DIT IONS OF SUCH POLICI ES. AGGRE GATE LIMITS SHOW N MAY HAVE BE E N RE DUC ED BY PAI D CLA IMS. TYPE OF INSURANCE POLICY NUMBER LIMITS GE NERAL LIABI LITY 1.000.000 (j CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3 .23 of Vernon 's Annotated Civil Statutes, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on Department of Engineering 0.0.E. No. 6076 . ST A TE OF TEXAS § COUNTY OF TARRANT § Conatser Management Group , Inc., G.P . January 7,2009 DATE BEFORE ME , the undersigned authority , on this day personally appeared Mark Pappas , 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 Conatser Construction TX, L.P . for the purposes and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7th day of January 7, 2009 . •········ I ···~~"· •ui'•, JAMIE L BROWN I ' ... +"'!:::£:::''"''· \ * \,J'I!{) * j NOTARY PUBLIC \~ ........ ., .... / State of Texas ·· ... ~~~·· Comm. Exp . 06-27-2012 Part F -Bonds (City of Fort Worth) THE STATE OF TEXAS COUNTY OF TARRANT Bond No: 022023681 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS: That we, (1) Conatser Construction TX, LP (Conatser Management Group Inc), as a Principal herein, and (2) Liberty Mutual Insurance Company corporation organized under the laws of the State of (3) _~M-A~----and who 1s authorized to issue surety bonds in the State of Texas , Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of ONE MILLION THREE HUNDRED NINETY ONE THOUSAND SEVEN HUNDRED AND FORTY FOUR DOLLARS AND NO CENTS ($1,391,744.00} for the payment of which sum we bind ourselves, our heirs, executors, administrators , successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the __ day of f -~ 0 " 2009 , 2008 , a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: SANITARY SEWER REHABILITATION CONTRACT LXIL (69)-PART 2 SANITARY SEWER MAIN 244B NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal 's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this ___ day of __________ , 20_. X LP ATIEST: Name: Mark Pappas (Principal) Secretary Vice President of Cona t ser Title : Managemen t Group, I n c., GP (SE AL) ATIEST: Secretary (SE AL) NOTE: (1) (2) (3) Address: P, o. Box !5448 fart Warth, TX 76))9 Liber t y Mutual SURETY Name: lenna S. Dav i s Attorney in Fact Address: 17 5 Berkeley St ree t Bos t on, MA 0 2117 Telephone Number: 972 -2 33-95 8 8 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT Bond No: 022023681 PAYMENT BOND § § § KNOW ALL BY THESE PRESENTS: That we, (1), CONATSER CONSTRUCTION TX, LP (Conatser Management Group Inc) as Principal herein, and (2) Liberty Mutual Insurance Company ___ , a corporation organized and existing under the laws of the State of (3) MA ___ , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of ONE MILLLION THREE HUNDRED NINETY ONE THOUSAND SEVEN HUNDRED AND FORTY FOUR DOLLARS AND NO CENTS ..... ($1,391,744.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors , administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee rj:""J O " / dated the __ day of '-, 20_, 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: SANITARY SEWER REHABILITATION CONTRACT LXIX (69) -PART 2 SANITARY SEWER MAIN 244B NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH , that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code , as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. t r.c.J CJ ._, 2009 SIGNED and SEALED this ___ day of __________ , 20_. ATTEST : (Principal) Secretary (SE AL) Vice President of Conatser Title: Management Group, Inc., GP Address: P. o. Box 1544 8 Fort Worth, TX 76119 ~;.tnJk:r ~~ ATTEST: Secretary (SE AL) Liberty Mutual Insurance Company SURETY ~~ J By~~ Nam:::: .__D_a""v .... i .... s~'--~--= Attorney in Fact Address: 175 Berkeley Street Boston, MA 02117 Witness a( to Sure Carolyn Maples Telephone Number: 972-2 33-9588 NOTE: ( 1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: § § § Bond No: 022023681 MAINTENANCE BOND That CONATSER CONSTRUCTION TX, LP. (Conatser Management Group, Inc) ("Contractor"), as principal, and , Liberty Mutual Insurance Company a corporation organized under the laws of the State of __ MA ____ _ ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of ONE MILLION THREE HUNDRED NINETY ONE THOUSAND SEVEN HUNDRED AND FORTY FOUR Dollars AND NO CENTS ($1,391,744.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors , jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the __ of FE9 0 l"J ?ll 1 , 20_, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: SANITARY SEWER REHABILITATION CONTRACT LXIX (69)-PART 2 SANITARY SEWER MAIN 244B the same being referred to herein and in said contract as the Work and being designated as project number(s) WATER-P258 541200 705170091583 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, 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 ei~htC8) counterparts, each of which shall be deemed an original , this_ day of ri:-8 0 ') q , A.O. 20 __ ATIEST: (SEAL) Secretary ATIEST: (SEAL) Secretary . Vice President of Conatser Title : Mana~ement Group, Inc. , GP Liberty Mutual Insurance Company Surety ~:m~ Title: Att orney-in-Fact 175 Berkeley Street Bos t on, MA 02117 Address Tel No: 972-233-9588 '>, ::(.) (U C: > Q) •t I :::S : (.) 2346275 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth , does hereby name , constitute and appoint GREG A. WILKERSON, GLENNA S. DAVIS, CATHY VINSON, CAROLYN MAPLES, JOHN R. WILSON, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS ....................................................................................................................................... . , each individually if there be more than one named , its true and lawful attorney-in-fact to make , execute , seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, anv and all undertakings , bonds , recognizances and other surety obligations in the penal sum not exceed ing TWENTY FIVE MILLION AND 00/100**1*******•••••••••• DOLLARS($ 25,000,000.00***** ) each , and the execution of such undertakings , bonds , recognizances and other surety obligations , in pursuance of these presents , shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in the i r own proper persons . That this power is made and executed pursuant to and by authority of the following By-law and Authorization : ARTICLE XIII -Execution of Contracts : Section 5 . Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the chairman or the president , and subject to such limitations as the chairman or the president may prescribe , shall appoint such attorneys-in-fact , as may be necessary to act in behalf of the Company to make , execute, seal , acknowledge and deliver as surety any and all undertakings , bonds , recogn izances and other surety obligations . Such attorneys-in-fact , subject to the limitations set forth in their respective powers of attorney , shall have full power to bind the Company by the ir signature and execution of any such instruments and to attach thereto the seal of the Company . When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws , Garnet W . Elliott , Assistant Secretary of Liberty Mutual Insurance Company , is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations . That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF , this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed the reto in Plymouth Meeting , Pennsylvania this 29th day of -~M~a~Y~-------- 2008 LIBERTY MUTUAL INSURANCE COMPANY By~~ 4/-JZ<_5&'{-; Garnet W. Elliott , Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 2filh_ day of May , 2008 , before me , a Notary Public , personally came Garnet W . Elliott, to me known , and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation ; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation . IN TESTIMONY WH P. ~i ~ unto subscribed my name and affixed my notarial seal at Plymouth Meeting , Pennsylvania , on the day and year first above written . q;. ~ONWG ( Lt,,j 0~ '<.;. <;. COMMONWEA!..TH.OFPENNSYLVANIA ,,1--..... g .-c., -,;. Notarial Selll (I/ . ' , t! -1-,1 I T0011JaPl>steile,NowyPubllc By 7~"'------,,...--,--~-=....;..----__;_---------,=,=.,= Ter6sa Pastella , Notary Public CERTIFICATE Memllor. P•nnt)'l11tnla A$$OOll11on of Notari .. I, the undersigned , Assistant cretary of Liberty Mutual Insurance Company , do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy , is in full force and effect on the date of this certificate ; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII , Section 5 of the By-laws of Liberty Mutual Insurance Company . This ~ertificate and the above_ power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980 . VOT~D that the facsimile or mechani~ally reproduced signature of any assistant secretary of the company , wherever appearing upon a cert1f1ed copy of any power of attorney issued by the company in connection with surety bonds , shall be valid and binding upon the company with the same force and effect as though manually affixed . IN TESTIMONY WHEREOF , I have hereunto subscribed my name and affixed the corporate seal of the said company , this FF8 Q :-' 20 9 day of ::,:. (U "O Ill Ill Q) C: 'iii :::s .0 >, C: (U =a ~ ... >,C/J a,W Ee 0 Q. =o <tM 0~ ... "O Q) C: ;:: (U c.o E (U .!!?o .co -.. _o, 0 C: ~t ~! = Q) ~.o Q) 0 =~ elll> -~~ 'E Cl> Oo (.) ,- 0 (0 t-,.!. ~Liberl): \P Mutuat Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies , coverages , rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance . This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code , and Section 53 .202, Property Code , Effective September 1, 2001 Part G -Contract (City of Fort Worth) THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT r-... o :"' 2009 This Contract made and entered into this the __ day of A.D., 20 08 , by and between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and (Contracting Company Name here), ("Contractor") Owner and C ONATSER CONSTRUCTI ON TX LP. (Conatse r Manag em ent Group In c.) Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties." 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: SANITARY SEWER REHABILITATION CONTRACT LXIX (69) SANITARY SEWER MAIN 244B 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 Water 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 Water (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 D epartment of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 Cal ender days. ,TX If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $420 .00 Per working day, not as a penalty but as liquidated damages , the Contractor and his Surety shall be liable to the Owner for such deficiency. 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees , from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents , employees, subcontractors, licensees or invitees , whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers , servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum . Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. B. 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 the claimants supplying labor and material in the prosecution of the work. C 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 Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents. 8. The Owner agrees and binds itself to pay, and the 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 !Million Three Hundred Ninety One Thousand Seven Hundred and Forty Four Dollars and No cents, ($1,391,744.00). 9 . It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Engineering Department. 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 ~ 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 execute l'f"f1~;"«~;-;;.,PR~-'"f'R-- duly authorized officers in~ counterparts with its corporate seal attached. Done in Fort Worth, Texas , this the_ day of __ ~A.D., 2008. :c~k DJR.ECTOR, DEPARTMENT OF WATER [or1,J. )<Y" Ccn.t 'rl r Iler/-~ Tu. 1 L. p 5321 w."cl,,~,;;,, 5-frf!d;: f ~ \,J, I'll.. , 11. 1&lLCf CONTRACTOR TITLE CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER ATTEST: CITY SECRET ARY (SE AL) contr?)c,~ ~uthoriz atioa d 3}t>:j . • di APPROVED AS TO FORM AND S~2.. '1 l"1i"c.kJci.. st("(.{ Ftr+ VllulfL.. 7'<¥.(J tldl9 LEGALITY: . ADDRESS Appendix A Easements and Permits San itary Sewer Rehabilitation (Main 244B) -Contract LXIX (69) Part 2 Easement L ist E a sement No . Owner Permanent C on stru ctio n Easemen t Easement SSE-1 Arlington ISD X SSE-2 Univisio n Radio Broadcasting X SSE-3 Univision Radio Broad casting X SSE-4 Boswell, V. W. Est X SSE-5 Williams, Donald E. Mrs. X SSE-6 Tarrant County Texas X Transportation Dept SSE-7 ONCOR (TESCO) X SSE-8 Lake Arlington Industrial Park Addition X (Chesapeake) TCSSE-1 Arlignton ISD X TCSSE-2 Univisio n Radio Broadcasting X TCSSE-3 Univision Radio Broadcasting X TCSSE-4 Boswell, V. W . Est. X TCSSE-5 Williams, Donald E. Mrs. X TCSSE-6 Tarrant County Teaxs X Transportation Dept. TCSSE-7 ONCOR (TESCO) X TCSSE-8 Lake Arlington Industrial Park Addition X (Chesapeake) See note 1 Note 1: Temporary Workspace Agreement is pending along Cowtown Pipeline Partners, LLC. And Quicksilver Resources, Inc. gas line. G:\FWOJ\0059\S pecs\Part 2 \Part 2 Ease ment Summary.doc «M -244B» Parcel # SSE-1 Doe# «54 05» 1000 W. GREEN OAKS BLVD, ARLINGTON, TEXAS ORION PARK SECTION ONE ST ATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT SEWER LINE EASEMENT DATE: 08-07-2006 GRAN TOR: ARLIN GTON ISO. GRANTOR'S MAILING ADDR ESS (including County): 1203 W. PIO N EER PKW Y A RLI NG TON , TARRANT COUNTY , TE XAS 76013 GRANTEE: CITY OF FORT WORTH GRANT EE 'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH , TARRANT COUNTY, TX 76102 CONSID ERAT ION: One Dollar ($1.00) and other good and va luable consideration , the receipt and sufficiency of which is hereby acknowledged. PRO PE RTY: Lega l Descriptio n of Property 1000 W. GREEN OAKS BL VD, ARLINGTON, T EXAS ORION PARK SECTION ONE (See attached Exhibi ts "A" and "B") Grantor, for the consideration paid to Grantor and other good and valuable consideration , hereby grants , sells , and conveys to Grantee , its successors and assigns, an exclusive , perpetual easement for the construction , operation, maintenance , replaceme nt, upgrade, and repa ir of a Permanent Sewer Line Facil ity, hereafter referred to as "Facility". The Facili ty in cludes all incidental underground and aboveground attachments , equipment and appurtenances , including , but not limited to manholes , manhole vents, lateral line connections , pipeline s , junction boxes in , upon , under and across a portion of the Property and more fully described in Exhibit "A" attached he reto and incorporated herein for all pertin en t purposes , together with the right and privil ege at any and all times to enter Property, or any part thereof , for the purpose of con structing, operating , maintaining , replacing , upgrading , and repairing said Facility. Perma nent Sewe r Line Eas ement RP /CG 07/04 In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, including , but not limited to , monument sign, pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property . Grantee shall be ob li gated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks , driveways , or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered , damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided , however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee , and Grantee's successors and assigns forever ; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part thereof. When the conte xt requires, singular nouns and pronouns include the plural. GRANTOR: FOR: ARLINGTON ISD . GRANTEE: City of Fort Worth Marc Ott, Assistant City Manager G :\SURVEY\job\030570\EASE MENTS\030570SSE2DED.doc Permanent Sewer Line Easeme nt RP/CG 07/04 ACKNOWLEDGEMENT STATE OF TE XA S § COUNTY OF TARRANT § BEFOR E ME, the undersigned authority, a Notary Publ ic in and for the State of Texas , on this day personally appeared , known to me to be t he same person whose name is subs cribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he /she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity the rein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of ___________ ,20_. Notary Public in and for the State of Te xas ACKNOWLEDGEMENT STATE OF TEXAS § COU NT Y OF TARRANT § BEF OR E ME, the undersigned authority , a Notary Public in and for the State of Texas , on this da y personally appeared , known to me to be the same person whose name is subscribed to the forego ing instrument, and acknowledged to me th at t he same was the act of and that he /she e xecuted the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of ___________ ,20_. Permanent Sewer Line Easement RP/CG 07/0 4 Notary Public in and for the State of Texas Real Property Description of a 25 Foot Permanent Sanitary Sewer Easement out of Lot 2R, Block 1 Orion Park Section One Being a parcel of land out of Lot 2R, Block 1, Orion Park Section One , an addition to the City of Arlington as recorded in Cabinet A, Slide 4733, Plat Records, Tarrant County, Texas and as conveyed to the Arlington Independent School District by deed recorded in Volume 13541, Page 418 , Deed Records, Tarrant County, Texas for the purpose of constructing, operating, and maintaining a sanitary sewer system and its appurtenances and being more particularly described as follows: Beginning at a point in the West line of said Lot 2R and the East line of Lot 1-R-A, KFJZ Addition , an addition to the City of Arlington as recorded in Volume 388-109, Page 30, said Plat Records, and from which a 1" iron rod found for the Northwest corner of said Lot 2R and the Northeast corner of said Lot 1-R-A, and being in the South line of the Union Pacific Railroad Company right- of-way bears North 00 degrees, 14 minutes , 05 seconds West, 98 .13 feet; Thence : North 79 degrees , 51 minutes , 50 seconds East, 396 .92 feet; Thence : South 02 degrees, 22 minutes, 13 seconds East, 25.37 feet; Thence : S01.,1th 79 degrees, 51 minutes, 50 seconds West, 396 .99 feet to the West line of said Lot 2R and the East line of said Lot 1-R-A; Thence : with the West line of said Lot 2R and the East line of said Lot 1-R-A, North 00 degrees , 14 minutes, 05 seconds West, 25.38 feet to the place of beginning and containing 9 ,932 square feet of land , more or less. Note : Surveyed on the ground Note : Bearing Basis - Note : In accordance with the Texas Board of Professional Land Surveying, General Rules of Proc edure and Practices, 6 63 .19(9), this "report" consists of the Real Property Descrip tio n included herein , and Map of Survey attached herewith. Note: In accordance wi th the Texas Board of Professional Land S urveying, Gen eral Rules of Procedures and Practices , 663 .19(7), "The ci ted instruments are not n ecessarily the c urrent own ers of the s ubject property, but are the documents containi ng the descri ption s of the bound aries as surveyed." SS M-2 44B:SSE-l CFW/DOE #5 405 ANA Proj. #0 30570 I 0 00 W. Gree n Oaks Bl vd . Arl ington, TX Lot 2R, Block I Orion Park Secti o n One Page I of I Si? 1 // 1 00' I I I II II II II II I I I II II II II II II II II II n ·--o~~' 0.-1,·;. II I • ~_: II I ...J• II I \JI \\ I 11 I 57<4 0 w Pioneer Pkwy, Ari rngton Univisi on Radio er-oodcosti nQ 7100 Cor-Penter Fwy 11 I II I II I II I 00110s Tx 752<4 7 1"31'ru,rwnt ,020,tll0252 LOT 1-R -A KFJZ ADDITION VOLUME 388-109 , P .30 P.R . T.C. T . II I II I II I II I II I 11 I 11 I 11 I 11 I II I II I II II II II II II II II II II I NT -------1 r -1 115' ORA I NAGE LO T 2 R, BLOCK 1 ORION PARK SECTION ONE CABINET A , SLIDE ~733 P .R .T.C .T . 25' SANITARY SEWER ~~~--\,:-----\,---\..:::Jw EASEMENT SS-1 \ 9,932 so FT +/-\ , ·--------------------------~---r 50' MAGNOL I A PI PL I NE E SM' T. \ \ VOL . 2598, PG, 298 I 1 Q.R.T.C.T. \ \ I I ----------------------------~---1 ---------vo,-sw-acCC-ESMT----~---'; VOL.3938, P.638 \ \ Notes: Surveyed on the ground JULY, 2006 Q.R.T.C.T. \ I I I I I I I Basis of Be arings= Bearings ore based on true north derived from GPS observations relative to NAD 83, Texas No rth Central Zone I In accordance with the Texas Boord of Professional Land Surveying, General Rules of Procedure and Practices, 663.19(91, this "report" consists of the Reol Property Description included he rein, and a Mop of Survey ottoched herewith. I I I I I I I I I I I I I I In accordance with the T exes Board of Professional Land Surveying, General Rules of Procedures and Practices. 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but ore the documents containing the descriptions of the boundaries os I surveyed." EXHIBIT A I I I I I I I I I I I I I I I I I I DRAWN BY: ED SHOWI NG A 25 FOOT SANITARY SEWER EASEM ENT SIT UAT ED IN LOT 2R, BLOCK ORION PARK SECTION ONE TARRANT COUNTY, TEXAS I I SANITARY SEWER SSE -1 DOE NO. 5405 1000 W. GREEN OAKS BL VD. ARLINGTON, TEXAS LOT 2R, BLOCK 1 ORION PARK SECTION ONE DATE : 07 -27-06 SHT. NO. DGN. NO .: 030570244SSE1.0GN ~.CONSULT ANT§9 L.L.C. Engineer i ng, Pla.nning, a.nd Surveying APPROVED BY: SKW 1701 RIVER Rt.ti /S\ll[ 610 /[ORT WORT H. TX.76107 1(8171335·9900/ f AIM8171335·9955 «M-244B» Parcel # TCSSE-1 Doe# «5405» 1000 W. GREEN OAKS BLVD, ARLINGTON, TEXAS ORION PARK SECTION ONE ST ATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH TEM PORARY SEWER LINE EASEME NT DATE : 08 -07 -2006 GRANT OR: ARLINGTON ISO . GRANTOR'S MAILING AD D RESS (including County): 1203 W. PIO N EER PKWY ARLINGTON , TARRANT COUNT Y , TEX AS 76013 GRANTEE : CITY OF FORT WORTH GRANTEE'S MAILING ADDR ESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY , TX 76102 CONSID ERATI ON: One Dollar ($1 .00) and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged . PROP ERTY: Legal Description of Property 1000 W. GRE E N OAKS BLVD , ARLIN GTO N, TEXAS ORION PARK SECTION ON E (See atta c hed Exhibits "A" and "B") Granter, for the consideration paid to Granter and other good and valuable consideration , hereby grants , sells , and con veys to Grantee , its successors and assigns, an exclusive , perpetual easement for the constru ction , o peratio n , m ain tenance, repl ace ment, upgrad e , and repair of a Permanent Sewer Line Facility , hereafter referred to as "Facility". The Facil ity includes all in cide ntal und erground and a boveground attachm ents , equipment and appurtenances, includin g , but not limited to manholes , manhole vents , lateral li ne connections , p ipeli nes, junction boxes in , upon , un der and across a portion of the Property and more fu ll y d escribed in Exhibit "A" attached hereto and incorpo ra ted he re in for all pertinent purposes , together w ith the right and privilege at an y and al l times to enter Property, or any part there of, for the purpose of constructing , operating , mainta ining , replacing , upgrading , and repa iring said Faci lity . Permanent Sewer Line Easement RP/CG 07/04 In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building , including, but not limited to, monument sign , pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property . Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense , including the restoration of any sidewalks , driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed , relocated , altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided , however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee , and Grantee's successors and assigns forever; and Grantor does hereby bind itse lf and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claimi ng or to claim the same , or any part thereof. When the conte xt requires , singular nouns and pronouns include the plural. GRANTOR: FOR: ARLINGTON ISD. GRANTEE: City of Fort Worth Marc Ott, Assistant City Manager G:\SURVEY\job\030570\EASEMENTS\030570SS E2DED .doc Perman ent Sewer Line Easement RP/CG07/04 Real Property Description of a 20 Foot Temporary Construction Easement out of Lot 2R, Block 1 Orion Park Section One Being a parcel of land ou t of Lot 2R, Block 1, Or ion Par k Section One, an add it ion to the C ity of Arlington as r ecorded in Cabinet A , Slide 4733 , Plat Records , Tarrant County, Texas, and being a portion of those certain tracts of land as conveyed to the A rli ngton Independent School District by deed recorded in Volume 13541 , Page 418 , Deed Records , Tarrant County Texas for the purpose of constructing a sanitary sewer system and its appurtenances and being more particularly described as follows : Beginning at a point in the West line of said Lot 2R and the East line of Lot 1-R-A, KFJZ Add ition , an addition to the City of Arlington as recorded in Volume 388-109 , Page 30, Plat Records, Tarrant County, Texas from which a 1" iron rod found for the Northwest corner of said Lot 2R , the Northeast corner of said Lot 1-R-A, and being in the South line of the Union Pacific Ra ilroad Company right-of-way bears North 00 degrees , 14 minutes , 05 seconds West, 123.5 1 feet; Thence : North 79 degrees , 51 minutes , 50 seconds East, 396 .99 feet ; Thence: South 00 degrees , 22 minutes , 13 seconds East, 20.29 feet ; Thence : North 79 degrees , 51 minutes , 50 seconds West, 397 .03 feet to t he West line of sa id Lot 2R and the East li ne of said Lot 1-R-A; Thence : with the West line of said Lot 2R and the East line of said Lot 1-R-A, North 00 degrees , 14 minutes , 15 seconds East, 20 .30 feet to the place of beg inn ing and containing 7,928 square feet of land , more or less. Upon construction of the sanitary sewer line within the ad j acent 25 foot permanent san itary sewer easement and its acceptance by the City of Fort Worth, t he he rein descri bed temporary construct ion easement shall become null and vo id . Note: Survey on the ground Note: Bearing Basis - N ote: In ac cordance with the Texas B oard of Professional Land Surveying, General Rules of Pro cedure and Pra ctic es , 663.19(9), this "rep ort" consists of the Rea l Pro p erty Description included herein, and Map of Survey attached here with . Note : In accord ance with th e Texas Board of Professional Land Su rveying, General Rules of Procedures and Practices, 663 .19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." S S M-244 B:T C E-1 Lot 2R, Block 1, Orion Park Section 1 C FW/DO E #5405 AN A Proj. # 030570 1000 W . Green Oaks Blvd. Arlington, TX Page 1 of 1 1 II 100 1 ' II I II I II I II I II I II I II I ..:::. 11 I ON I I I \O II I 0'....1n I I I :o;~ \\ I ·.-10'l::£. \\ \ n·-o~~, ·~·; II I . ~~ \\ \ I.JI \\ I 11 I 11 I 5140 W Pi o:ieer-Pkwy, Ar I 1 ngton Univision Rodio Broadcasting 7700 Cor-pen 'ter Fwy 11 I 11 I II I 11 I Doi loa Tx 75 247 LO T 1 -R-A KF JZ ADD IT ION VOLUME 388-109 , P.30 P .R .T.C.T. 11 I II I 11 I II I 11 I 11 I 11 I 11 I 11 I 11 I 11 I 11 I 11 I 11 I II I II I 11 I II I \\NO• ----- -- -- ---Tcr' -u,TLl TY--A 1,CNT--------H-"" I I l __________ --------', --\----1 ~--m· """" "'""''\\ \ ' I ' I I \ \ 1 App a, ent Own e , _ _ _ _ _ , __ .i. -----------li6o_o_w G,een-6ai<.s li i'vci .-A,I ington ', -"n\ Ar r ington I SD \ 0 ~~\ 1203 w Pioneer-Pkwy \:o ~L,,I \ Ar I i ngton Tx 76013 1~to_1 VOL. 1 35 4 1 , PG . 4 1 8 \i-; ..,\. D.R . T. C. T. \·_;~~I . \' 6' _:;,, LOT 2R , BLOCK 1 1 "'· 1 OR I ON PARK SECT I ON ONE \ CS) \i.0 CABINET A , SLIDE 4733 \ 1 ' P.R.T.C.T. \ 20' TEMPORARY CONSTRUCTION \ SANITARY SEWER \ EAS EM ENT TCSS-1 1 ._1_._9_2_a_:~~-~~~ -~~=---_ --_ --'~---~ ~~r-------_ --- 50 ' MAGNOLIA PJPLINE ESM 'T . \ \ >~1 VOL . 2598, PG. 298 1 1 ,~, O.R.T.C.T. \ \ '~\ ~-:_-:_-:_-:_-:_-:_-:_-:_\~~-=-~~-:_B~~~-=-E~~~~-:_-:_-:_-:_~-:_-:_-:_\ ~~------------------\!:\ ----- VOL. 3938, P.638 \ \ 1 · 1 O.R.T.C.T, \ \2 0.29' 1 ~.-\\ tfl , so · 22·13"' 1 "' No tes: Sur v e y ed on t he ground J UL Y . 2006 Basis of Bear ings : Bearings ore based on true north d e r iv ed from GPS obser v a t ions rela t ive to NAO 83 . Texas North Cent ral Zone ln accordance with the Texas Boord of Professional Land Surveying, Gene r al Rules of Procedure and Practices, 663 .19 (9 ). this "repo r t " consists of the Reel Property Desc rip ti on included herein, and a Mop of Survey attached her ewith. In ac c o rda nc e with t he Texas Bo ord of Pr of essional Land Survey ing, Ge ner al Rules of Proc edures and Pr a c t ic es, 6 6 3.19(7), "Th e cited ins tr umen ts o re no t necessarily t he curr ent o wne rs of t he sub j ect pr o per ty, b ut o r e t he d ocuments cont ainin g t he descr ip t io ns o f t he boundar ies as s u r v e y e d." I I \ i i \ \ I ~(") I \ \1 ::Dir"' \ \ \'\\'\~1~ \ \ I ~11l \ I I\ <. ~~ I '\ 0 ~,:_- \ \ I i:-~-1 \ \ \ 1 v' ;i £ \ \ \'\ ~ ~~ I I • u,l '3: \ \ \ I :' <Ji.,1/' 1 I 1 .t1o ,A C I I I\ _, rri~ I I I O ,it,_ \ \ ,, ?~~ ~ I \ 1 ?' :! -1 \ \ \\ ~ o/~ I I \1 ~U\~ I I 1 • OGl \ I I\ ")<" \ \ \ ~o \ \ 1\ ,:) \ \ \\ ~ I ' I ..... ..... EXHIBIT A SHOWING A 20 FOOT TEMPORARY CONSTRUCTION SANITARY SEWER EASEMENT SITUATED IN LOT 2R, BLOC K ORION PARK SECT ION ONE TAR RA NT COUN TY, TE XAS TEMP ORAR Y CO NST RUC TI ON SANITARY SEWER TC SSE -1 DOE NO. 540 5 DRAWN BY : ED DAT E : 07 -27 -06 DGN . NO . :Q57 D244TCSS E 1 .DGN APPROV ED BY : SKW 5 7 40 PIO NEER PK WY, AR LINGTON , TEXAS LOT 2R. BL OCK 1 ORIO N P AR K SE CTION ONE SH T . NO . ~-CONSUJL T ANTS9 lL.lL.C. Engineering, P l anning, and Surveying 1701 RIVER RUN /SI.IIE 610 i f OR T WOR TH. TX.76 10 7 /1 8171335·9900/ f AX cl 8171335·9955 «M -244B» Parcel # SSE-2 Doe# «5405» 5740 W. PIONEER PKWY, ARLINGTON, TEXAS LOT 1-R-A,KFJZ ADDITION ST ATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT SEWER LINE EASEMEN T DATE: 08 -07 -2006 GRANTOR: UNIVISION RADIO BROADCASTI NG. GRANTOR'S MAILING ADDRESS (inclu ding County): 7700 CARPENTER FWY DALLAS , DALLAS COUNTY, TE X AS 75247 GRANTEE : CITY OF FORT WORTH GRANTE E 'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CON SIDERATION: One Dollar ($1 .00) and other good and valu able cons ideration , the rece ipt and sufficiency of which is hereby acknowledged. PROPERTY: Legal Description of Pro perty 5740 W. PIONEER PKWY, ARLINGTON, TEXAS LOT 1-R-A,KFJZ ADDITION (See attached Exhibits "A" and "B") Grantor, for the cons ideration paid to Grantor and other good and valuable consideratio n , hereby grants, sells , and con veys to Grantee , its successors and assigns , an ex clusi ve , perpetual easement for the construction, operation , maintenance, replacement , upg rade, and repai r of a Pe rm a ne nt Sew e r Line Facility , hereafter referred to as "Facili ty". The Facility incl udes all incidental underground and aboveground attachments , equipment and appurte nances , including , but not limi ted to manholes , manhole vents, latera l line connections , pipelines , junction bo xes in , upon , under and across a portion of the Property and more ful ly described in Ex hibit "A" attached hereto and incorporated herein for all pertinent purposes , together with t he ri gh t and privil eg e at an y and all ti mes to enter Property, or an y part there of, for the purpose of con structi ng , operating , mainta ining, re pl acing , upgrading , an d rep airin g sa id Facility. Permanent Sewer Line Easeme nt RP /CG 07/04 In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, includ ing , but not limited to, monument sign , pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense , including the restoration of any sidewalks, driveways , or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated , altered, damaged , or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided , however , that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement , together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee , and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defe nd all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part the reof. When the context requires, singular nouns and pronouns include the plural. GRANTOR: FOR:UNIVISION RADIO BROADCASTING. GRANTEE: City of Fort Worth Marc Ott , Assistant City Manager G:\SURVEY\job\030570\EASEME NTS\030570S SE2DED .doc Permanent Sewer Line Easement RP/CG07/04 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas , on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and conside ra tion therein expressed and in the capacity therein stated . GIV EN UNDER MY HAND AND SEAL OF O FF IC E this _______ day of ___________ ,20_. Notary Public in and for the State of Te xas ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME , the undersigned authority, a Notary Public in and for the State of Texas , on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he /she executed the same as the act of said for the purposes and consideration therein e xp ressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of ___________ ,20_. Permanent Sewer Line Easement RP/CG 07104 Notary Public in and for the State of Te xa s Real Property Description of a 25 Foot Permanent Sanitary Sewer Easement out of Lot 1-R-A KFJZ Addition Being a parcel of land out of Lot 1-R-A, KFJZ Addition , an addit ion to the Cit y of Arl ington , Tex as as reco rded in Volume 388-109 , Page 30 , Plat Records , Tarra nt Count y, Tex as and as conve yed to Univision Radio Broadcasting by deed recorded in Instrument Numbe r D204310252 , Deed Records , Tarrant County , Tex as for the pu rpose of constructing , ope rating , and mainta ining a sanitary sewer system and its appurtenances and being more particu larly described as follows : Beginning at a point in the East line of sa id Lot 1-R-A and the West line of Lot 2R, Block 1, Orion Park Section One , an addition to the City of Arlington as recorded in Cabinet A , Slide 4733, said Plat Records , and from which a 1" iron rod found for the Northeast corner of said Lot 1-R-A, and the Northwest corner of said Lot 2R, and being in the South line of the Union Pacific Railroad Company right-of-way , bears North 00 degrees, 14 minutes , 05 seconds West, 98.13 feet ; Thence: w ith the East line of said Lot 1-R-A and the West line of said Lot 2R, South 00 deg rees , 14 minutes , 05 seconds East , 25.38 feet; Thence : North 79 degrees, 51 minutes, 50 seconds East , 732.69 feet; Thence : North 71 degrees , 23 minutes, 30 seconds West, 3.37 feet to the West line of said Lot 1-R-A and the East line of Lot 1-R-B, said KFJZ Addition ; Thence : w ith the West line of said Lot 1-R-A and the East line of said Lot 1-R-B , North 10 degrees , 11 m inutes , 35 seconds West, 28 .53 feet; Thence : South 71 degrees , 23 minutes , 30 seconds East, 10 .71 feet ; Thence : South 79 degrees, 51 minutes , 50 seconds West, 730 .65 f eet to the place of beginning and con t aining 18,4 69 square feet of land , more or less. Note : Surveyed on the ground Note: Be ari ng Basis - Note: In accordance with th e Texas B oard of Profess ional Lan d S urv eyin g, General Rules of Procedure and Practices, 663 .19(9), th is "report" consists of the Real Prop erty De scription includ ed h erein, and Map of Survey attached herewith. No te : In accordan ce with the Texas Boar d of Professional Land Survey in g, General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are th e documents containing the description s of the boundaries as surveyed. SS M-244B:SS E-2 C FW/DOE #5405 ANA Proj. #030570 5740 W. Pioneer Pkwy . Arlington, TX Lot 1-R-A. KFJZ Add . Page 1 of 1 LOT 1-R -B 1 KFJZ ADDITION I VOLUME 388 -109 , P. 30! P.R.T.C,T. >-1 l.u 1>--ii:::;i ,~;; ~"?I~;; ~Sl IV)~ ~,_I~~ !~i~:: -:.1--I ·V"i ;~1:;jSI I II II II \I II \\ II II II II II LINE BEARING DISTANCE II L-1 L-2 L 3 L-4 L-5 L 6 so· 14' s "E 25.38' s19·s1 'so"w 732.69' N71°23'30"W 3.37 ' N10°11 '35"W 28.53' S7i'23'30"E 1 o . 71' N79• 51 '50"E 730. 65 ' ApparenT Owner 5740 w Pioneer Pkwy , A,1 in9ton Univision Rad i o Broadcasting 7700 Corpente, Fwy Ool los Tx 75247 Instrument : 02043 10252 LOT 1-R-A II II II II II II II II II II II II II II II II II II II II II II II II II KFJZ ADDITION VOLUME 388-109 , P.30 P .R.T.C.T. II II II II II II II II II II II II 25' SANITARY SEWER \\ EASEMENT SS -2 , 1 18,469 so .FT. +1- II II II II II II -" II ON II ro , c:,• • I ~~~~\ -td°'::E II I • • \\ I ~"'Qt;. II I Notes= ~· .... >. \\ \ ~~ \\ \ Surveyed on the ground JULY, 2006 u· Basis of Bearings: Bearings are based on true north derived \\ \ from GPS observations relative to NAO 83, Texas North \~ \ Central Zone 11 1 In accordance with the Texas Boord of Professional land \\ \ Surveying, General Rules of Procedure and Practices , \\ \ 663.19(9), this ''report" consists of the Re olPrope rty 11 1 Description included herein, and a Mop of Survey attached \ \ \ herewith. 11 1 In accordance wi th th e T e xe s Boor d of Pr of e ssional Land \ \ \ Surveying, General Rules of Procedures and Practic es, \\ \ 663.19(7), "The cited instruments are not necessarily the 11 , current owners of the subject property, but or e the \\ \ documents containing the descriptions of the boundaries as \ \ \ surveyed ." I 1 \ 1 -------------< -'f CJ' -LfT TL 1 TY-AS M NI-------, i--, . ____________ 2~' ~R_:' :N_:'~E-"._N~ _u~ I_L ~ T_Y _ E_:>:_E~:_N~ _ \ i!Ql LOT 2R, BLOCK 1 i7'°;;,"\ OR I ON PARK SECT i ON ONE \:~'6_, CABINET A, SLIDE 4733 1~· ~ P .R .T.C.T. \·_;:'<£1\ \· --\ ~:'i ---------------------~--. EXHIBIT A SHOWING A 25 FOOT SANITARY SEWER EASEMENT SITUATED IN LOT 1 -R-A, KFJZ ADDI-T I ON TAR RA NT COUNTY, TEXAS Si? 1 " 1 00' SANITARY SEWER DOE NO. 5405 5740 W. PIONEER ARLINGTON, TEXAS LOT 1·R-A KF JZ ADDITION SSE-2 PKWY , DRAWN BY: ED SHT . NO . DATE : 07-27-06 ~-CONSULT ANT§9 L.L.C. E ngineering, Planning, and Surveying OGN . NO .: 030570244SSE1 .OGN APPROVED SY : SKW 1701 RIVER ROO /StlTE 610 /fORT WORTH. TX. 76107 /18171335·9900/ f AXc(8171335·9955 «M-244B» Parcel # TCSSE-2 Doe# «5405» 5740 W . PIONEER PKWY, ARLINGTON, TEXAS LOT 1-R-A,KFJZ ADDITION ST ATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH TEMPORARY SEWER LINE EASEMENT DATE : 08 -07-2006 GRAN T OR : U N IV ISIO N RA DIO BROADCA STING. G RA NTOR'S MAILI NG ADDRESS (i nc ludin g County): 7700 CARPENTER FWY DA LLA S , DALLAS COUNTY , TEX AS 7524 7 G RAN TEE : CITY OF FORT WORTH GRANTEE 'S MA ILI NG ADDRESS (incl udi ng Co un ty): 1000 THROC K MORTON ST. FORT WORTH, T ARRANT COUN TY, TX 76 102 CON SIDERA T ION : One Dolla r ($1.00 ) a nd o the r g ood and valuable consideration , t he rec e ip t a nd s uffi cie ncy of w hi c h is hereby ack nowledged. PRO PE RT Y: Leg al Descriptio n of Prop erty 574 0 W . PIO N EER PKWY, A R LI NGTON , TEXAS LOT 1-R-A,KFJZ ADDI T IO N (See attac hed Exhibits "A" and "B") G ra ntor, for t he consideration pai d to G ran tor and other good and v aluable consideratio n , he reb y grants , sells , and conveys to Grantee , its s uccess ors and ass igns , an exclusi ve , pe rp etual easement for the construction , operation , m ainten a nce , replacement , upgrade , and re pa ir of a Permanent Sewer Line Facility , hereafter referred to as "Facil ity". The Fa c ili ty inclu des a ll incidenta l underground and aboveground attachments , equipme nt an d a pp urtena nces , includ ing , bu t not lim ite d to manholes , ma nhole ve nts , la teral line co nnect io ns , pipe lin es , junct ion bo xes in , upon , und e r and across a portion of the Property and m ore f ully des cribed in Exhibit "A" attached hereto an d in corporated herein fo r a ll pert ine nt p urpose s , together with t he right and p ri v ilege at a ny a nd all t imes to enter Property, o r an y part the reof, for t he purpose of constru ct ing , operating , m ai ntainin g , re placing , upg radi ng , and repairing said Facili ty . Permane nt Sewer Li ne Easement RP/CG 07/04 In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II ) erect or permit to be erected within the easement property a permanent structure or building , including, but not limited to, monument sign , pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. Howeve r , Grantor shall be permitted to maintain any existing concrete driveway or road on the Property . Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense , including the restoration of any sidewalks , driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed , relocated , altered , damaged , or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the prov isi ons and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee 's successors and assigns forever ; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part thereof. When the context requires , singular nouns and pronouns include the plural. GRANTOR: FOR:UNIVISION RADIO BROADCASTING. GRANTEE: City of Fort Worth Ma rc Ott, Assistant City Manager G:\SURVEY\job\030570\EASEMENTS\030570SSE2DED .doc Permanent Sewer Line Easemen t RP/CG 07/04 Real Prope rty Description Ofa 20 Foot Temporary Construction Easement Out of Lot 1-R-A KFJZ Addition Being a parcel of land out of Lot 1-R-A, KFJZ Add it ion , an addition to th e Ci ty of A r lington as recorded in Volume 388-109 , Page 30 , Pla t Records , Tarrant County, Te xas as conveyed to Un ivis ion Rad io Broadcasting by deed recorded in Instrument Number 0 204310 2 52 , Deed Records, Ta r rant County , Te xas for the purpose of constru cting a san itar y sewer system and its appurtenances and being more particularly described as follows : Beginning at a point in the East line of sa id Lot 1-R-A and the West line of Lo t 2R , Block 1, Orion Park Section One , an addition to the City of Arlington as recorded in Cabinet A , Slide 4 733, said Plat Records and from which a 1" iron rod found for the Northeast corner of said Lot 1-R-A, the Northwest corner of said Lot 2R and being in the South line of the Un ion Pacific Railroad Company right-of-way bears South 00 degrees , 14 m inutes , 05 seconds East, 123 .51 feet ; Thence : South 00 degrees , 14 minutes, 05 seconds East , 20 .30 feet; Thence : South 79 degrees, 51 minutes, 50 seconds West, 732 .13 fee t to the West line of sa id Lot 1-R-A and the East line of Lot 1-R-B , said KFJZ Addition; Thence : with the West line of said Lot 1-R-A and the East line of said Lot 1-R-B, North 10 degrees, 11 minutes , 35 seconds West, 21 .62 feet ; Thence : South 71 degrees , 23 minutes , 30 seconds East , 3 .37 feet; Thence : North 79 degrees , 51 m inu tes , 50 seconds East, 732.69 feet to t he place of beg inning and containing 18,469 square feet of land, more or less . Upon construction of the sanitary sewer line within the adjacen t 25 foot permanent san itary sewer easement and its accept ance by the Ci ty of Fort Worth , the here in described tempo r ary construction easement shall become null and void . Note : Survey on the ground Not e: Beari ng Basis - N ote: In accordance with the T exa s B o ard of Profes sional Land Surveyin g, General R ules o f P rocedure and P ractices, 663.19(9), this "r eport" consists of th e Real P roperty Description included herein, and Map of Survey attached h erewith. Note: In accordance with th e Texas Board of Professional Land Surveying, General Rules of Procedures and Practices , 663.19(7), "Th e cited instr um ents are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." SS M-244 B :TCE-2 20 ' Temporary Con struction Easement Lot 1-R-A , KFJZ Add. CFW/DO E #5405 ANA Proj . # 030570 5740 W. Pioneer Pkwy. Arlington , T X Page 1 of 1 LDT 1-R-B 1 KFJZ ADDITION I VOLU ME 388-109, P. 30! P .R.T .C .T, 1 Gj 1,..._ t~i~~ "'c:5 ! Lr)~ ~""Ii::;>- ~..._ I ~\t e;~l ,d: ""'>I-I a;V) 1-:~ I a:~ ::,;<,: I LINE BEARING DISTANCE L-1 L-2 L-3 L-4 L -5 so 0 14' 5"E 20 .30' S79°51'50"W 732 . 13 ' N 1 0° 11 '3 5 "W 21. 62' S71°23'30"E 3.37' N79° 51 '50"E 732 .69' Apparent Owne r 5740 w p;oneer Pkwy, Ari ;ngton Univision Radio Broadcasting 7700 Carpente r Fwy Dal las Tx 75247 Instrument : 0204310252 LOT 1 -R-A KFJZ ADDITION VOLUME 3 88-10 9 , P .30 P .R .T .C .T . 20' TEMPORARY CONSRUCTION SANITARY SEWER EASEMENT TCSS-2 14,680 SO .FT. +/- " I $1~ I I • -I I :1~~\ "-1':'£ \ \ ~-:0~ \ \ Notes: :-'~.; \ \ Surveyed on the gr ound JULY , 2006 zii · 1 1 Basis of Bearings: Bearings ore based on true north derived \ \ from GPS observations relativ e to NAO 83, T exas Nor th \ \ Central Zone 1 1 In accordance with the Texas Board of Professional Land \ 1 Surveying, General Rules of Procedure a nd Practices, \ 663.19(9), this "report " consists of the Real Property 1 Description incl uded herein, and a Map of Survey attache d \ herewith . 1 In accordance with the Texas Boord of Professional Land \ Surveying , General Rules of Procedures and Practices, \ ~~(r·;~~7~~~:~: ~~t~ie int~~j~~n;~oi:;t;,o~u~e~;es\~~ly th e \ documents containing the descriptions of the boundaries as \ \ surveyed." , 1 --------------1 -TO"" -u,TLl TY-AS M rr-------, ---\ 20' jDRA!NAGE AND UT!L !TY EASEMENT_\ ~\;\ -------------,-------------------~r~\ I LOT 2R , BLO CK 1 \':';::_".'.,, DRAWN B Y : ED 1 ORION PAR K SECTION ON E \:~o'., I CABINET A , SLIDE 4733 ,;.; "'\ P.R.T.C.T . \~-:1f~1 \ ~:-4 \ EXHIBIT A \ '- SHOWING A 20 FOOT TEMPORARY CONSTRUCTION SA NIT AR Y SEWER EASEMENT S I TUATED IN LOT 1 -R-A, KFJZ ADDITION TAR RANT CO UN TY, TEXAS 1 11 1 00 I ,_\_ ------ •101.B I I I I I I I I I I I I I I I I I I I I SANITARY SEWER TCSSE-2 DOE NO. 5405 5740 W. PIONEER PKWY, ARLINGTON.TEXAS LOT 1-R -A KF JZ ADDITION SHT. NO. OATE: 07 -27-06 DGN . NO.: 030570244SSE1 .DGN ~-CON§Ul, TANT§, l,.lL.Co Engineering, P la.nning, a.nd Surveying APPROVED BY : SK W 170! RIVER RUN /SllTE 6IO ifORT WORTH, TX.76107 /18171ll5·9900/ f1J1,181713l5·995S «M-244B» Parcel # SSE-3 Doe# «5405» 5700 W. PIONEER PKWY, ARLINGTON, TEXAS LOT 1-R-B,KFJZ ADDITION STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT SEWER LINE EASEMENT DATE : 08 -07-2006 GRANTOR: UNIVISION RADIO BROADCASTING. GRANTOR'S MAILING ADDRESS (inclu ding County): 7700 CARPENTER FWY DALLAS , DALLAS COUNTY, TEXAS 75247 GRANTEE: CITY OF FORT WORTH GRANTEE 'S MA ILING ADDRESS (includ ing County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged . PROPERTY: Legal Description of Property 5740 W. PIONEER PKWY, ARLINGTON, TEXAS LOT 1-R-B, KFJZ ADDITION (See attached Exhi b its "A" and "B") Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive , perpetual easement for the construction, operation , maintenance , replacement , upgrade , and repair of a Permanent Sewer Line Facility , hereafter referred to as "Facility". The Fa cility includes all incidental unde rground and aboveground attachments , equipment and appurtenances, including , but not limited to manholes, manhole vents, lateral line connections , pipelines, junction boxes in , upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes , together with the right and privilege at any and all ti mes to en ter Property, or any part thereof, for the purpose of constructing , operating, maintaining , replacing , upgrading , and repairing said Facility. Permanent Sewer Line Easement RP/CG 07/04 In no even t shall Grantor (I) use the Prope rty in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II ) erect or permit to be erected within the easement property a permanent structure or building , including , but not limited to , monument sign, pole sign , billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense , including the restoration of any sidewalks , driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided , however, that Grantee shall not be obl igated to restore or replace irrigation systems or other improvements installed in violat ion of t he provisions and intended use of this Easeme nt. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Gran tee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claiming or to c laim the same , or any part thereof. W hen the context requires, singular nouns and pronouns include the plural. GRANTOR: FOR:UNIVISION RADIO BROADCASTING. GRANTEE : City of Fort Worth Marc Ott, Assistant City Manager G:\SURVE Y\job\030570\EASEMENTS\030570SSE2DED .doc Permanent Sewer Line Ea sement RP/CG07/0• Real Property Description of a 25 Foot Permanent Sanitary Sewer Easement out of Lot 1-R-B KFJZ Addition Being a parcel of land out of Lot 1-R-B , KFJZ Addition , an addition to the Ci ty of Arlington as recorded in Vo lume 388-109, Page 30 , Plat Records , Tarrant Coun ty , Te x as and as convey ed t o Univision Radio Broadcasting by deed reco rded in Inst rumen t Num ber 02 043 10252 , Deed Records , Tarrant County, Tex as for the purp ose of construct ing , ma intainin g and operating a san itary sewer system and its appurtenances and being more particularl y described as follows : Beg inning at a poin t in the East line of said Lot 1-R-B and the West line of Lot 1-R-A, sa id KF JZ Addition and from which a 1" iron rod found for the Northeast corner of said Lot 1-R-A, the Northeast corner of Lot 2R, Block 1, Orion Park Section One , an addition to the C ity of Arling t on as recorded in Cabinet A, Slide 4 733 , said Plat Records and being in the South line of the Union Pacific Railroad Company right-of-way bears North 10 degrees , 11 minutes , 35 seconds East, 90 .77feet and North 79 degrees , 48 minutes , 25 seconds East , 757.00 feet ; Thence : with the East line of said Lot 1-R-B and the West line of said Lot 1-R-A , South 10 degrees, 11 minutes, 35 seconds East, 28 .53 feet ; Thence : North 71 degrees , 23 minutes , 30 seconds West, 36.47 feet ; Thence: North 48 degrees , 17 minutes , 15 seconds East, 28 . 77 feet ; Thence : South 71 degrees, 23 minutes , 30 seconds East , 8.47 feet to the p lace of beginning and containing 558 square feet of land, more or less . Surveyed on th e ground Bearing Basis - Note: In ac cord ance with the Te xas B oard of Professional Land Surveyin g, General Rul es of Procedu re and Practi ces, 663 .19(9), thi s "report" consists of the Real Prop erty Description incl ude d herei n , an d Map of Survey attach ed h erewi th . Note: In accordance with the Tex as Board of Professional Lan d Surveyi ng, General R ules of Proced ures and Practic es , 66 3 .19(7), "The cite d instruments are not necessarily the c urrent owners of the s ubj ect property, b ut are the documents containi ng the descrip tions of the b oundarie s as s urveyed ." SS M-244B:SSE-3 CFW/DO E #54 05 A NA Proj . #0 30570 5700 W. Pi oneer Pkwy. A rlington , TX Lot 1-R-B, K FJZ A dd . Page 1 of 1 Si? 1 " 1 00' LINE BEARING DISTANCE L-1 S 1 o• 11 '35 "E 28.53' L-2 N71"23'30"W 36 .47' L-3 N48"17'15"E 28 -77' L -4 571"23'3D"E 8.47' I I I I I I 1 I I I I I 1 1 I I 1 I I 1 I I I I I \ I \ I I \ 1 I I I I I I I I 1 I I I I 1 1 I \ I I I 1 I I I I I I I I I I I 1 I I \ \ I I I I I 1 I I I I I I I 1 I 1 I 1 I I I I I I I I I I I I I I I I I I I I \ \ \ "' \ ~ \ ~~ \ o. r \ :x>!l"'"I I < I I~ I 1c:1:.,81 r,;:\ r."~I"'\ ~"'Ot, ~~~ \~;'g \' ~~ 5701 W P ioneer Pkwy. Arlinoton Boswel t , V W Est 5843 Merryrrount Rd Fort Worth Tx 76 107 5700 W Pioneer Pkwy , Ari inoton Univis ion Radio Broodcostino 7700 Cor-penter Fwy LOT 1-R-A KFJZ ADDI T ION VOLUME 388-109 , P .3 0 P .R .T .C .T. 57~0 W Pioneer Pkwy, Arl inoton Univision Rod; o Broadcast i no 7700 Carpenter Fwy Ool los Tx 75247 ! nstrument : 0204310252 Notes: Doi las Tx 75247 lnstrument : 020010252 LOT 1-R -B KFJZ ADDITION VOLUME 388-109, P .30 P.R .T .C.T. 25' SANITARY SEWER EASEMENT 55-2 558 SO .FT.+/- Surveyed on the ground JULY, 2006 Basis of Bearings: Bearings ore based on true north derived from GPS obser vations relative to NAO 83, Texas North Central Zone In accordance with the Te xas Boord of Professional Land Surveying, Ge neral Rules of Procedure and Practices, 663.19(9), this "repor t" consists of the Real Property Descr iption included here in , and a Mop of Survey attached herewith. In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not ne cessarily the current owners of the subject property, but ore the documents con taining the descriptions of the boundaries as surveyed." DRAWN BY: ED EXHIBI T A SHOWING A 25 FOOT SANITARY SEWE R EASEM ENT SITUATED IN LOT 1 -R-B, KFJZ ADDITION TARRANT COU NTY, TEXAS ~~~~ \ -:i \ I I I I I I I 1 I I I I I I I I I I I I I I 1 I I I I I I I I I I I I \ . \ \ \ \ \ \ \ \ \ \ I \ \ \ \ \ \ \ SANITARY SEWER SSE-3 DOE NO. 5405 5700 W. PIONEER PKWY, ARLINGTON, TEXAS ~~jz 1 ~i-iTION SHT . NO. DATE: 07 -27-06 DGN. NO.: 030570244SS E 1 .OGN ~-CONSUJL T ANTS9 lL.lL.C. Engi neering, Pl anning, and Surveying 1701RIVER RlJI /SllTE 610 /FORT WORTH, TX.76107 /18171335·9900/ fAX,(817\335·9955 APPROVED BY : SKW «M-244B» Parcel # TCSSE-3 Doe# «5405» 5700 W . PIONEER PKWY, ARLINGTON, TEXAS LOT 1-R-B,KFJZ ADDITION STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH TEMPORARY SEWER LINE EASEMENT DATE: 08-07-2006 GRANTOR: UNIVISION RADIO BR OADCASTING. GRANTOR'S MAILING ADDRESS (including Co un ty): 7700 CARPENTER FW Y DALLAS , DA LLAS COUNTY, TEXAS 75247 GRANTEE: CITY OF FORT WORTH GRANTEE'S MA ILI NG AD DRESS (i ncluding County): 1000 THROCKMORTON ST. FORT WORTH , TARRANT COUNTY, TX 76102 CONSIDERATION: One Do llar ($1.00 ) and other good and valuable consideration, the receipt and sufficie ncy of which is hereby acknowledged . PROPERTY: Legal Description of Prope rty 5740 W. PIONEER PKWY, ARLINGTON , TEXAS LOT 1-R-B, KFJ Z ADDITION (See attached Exhibits "A" and "B") Granter, for the consideration paid to Granter and other good and valuable consideration , hereby grants , sells , and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation , maintenance , replacement, upgrade , and repair of a Permanent Sewe r Line Facility, hereafter referred to as "Facility". The Fa cility incl udes all incidental underground and aboveground attachments , equipment and appurtenances , including , but not limited to manholes , manhole vents, lateral line connections , pipelines , junction bo xe s in, upon, under and across a portion of the Property and more fully described in Exhibit "A " attached hereto and incorporated herein for all pertinent purposes , together with the ri gh t and privilege at any and all times to enter Property , or any part thereof, for the purpose of constructing , operating, maintaining , replacing , upgrading, and repairing sa id Facility. Permanent Sewer Une Easement RP/CG 0 7/04 In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building , including, but not limited to , monument sign, pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property . Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense , including the restoration of any sidewalks , driveways , or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated , altered , damaged , or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shal l not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement , together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee , and Grantee's successors and assigns forever ; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the conte xt requires , singular nouns and pronouns include the plural. GRANTOR: FOR:UNIVJSION RADIO BROADCASTING . GRANTEE : City of Fort Worth Marc Ott , Assistant City Manager G :\SURVE Y\job\03057 0\EASEMENTS\030570SSE2DED.doc Permanent Sew er Line Ease ment RP/CG 07/04 Real Property Description Ofa 20 Foot Temporary Construction Easement Out of Lot 1-R-B KFJZ Addition Being a pa rcel of land out of Lot 1-R-B , KFJZ Addition , an add it ion to the C ity of Arlin gton as recorded in Volume 388-109 , Page 30 , Plat Records , Tarrant Count y, Te xas as conveyed to Univision Radio Broadcasting by deed recorded in Instrument Number D20 4310252 , Deed Records , Tarrant Coun ty , Te x as for the purpose of constructing a sanitary s ew er syst em a nd it s appurtenances and being more particularly described as follows : Beginning at po int in the Eas t line of said Lot 1-R-B and the West line of Lo t 1-R-A, sa id K FJZ Addition and from wh ich a 1" iron rod found for the Northeast corner of said Lot 1-R-A, the Northwest corner of Lot 2R, Block 1, Orion Park Addition, an Addition to the City of Arlington as recorded in Cabinet A, S li de 4733 , said Plat Records and being in the South li ne of the Un ion Pacific Railroad Company right-of-way bears North 10 degrees, 11 m inutes , 35 seconds West , 119 .30 feet and North 79 degrees , 48 minutes , 25 seconds East, 757.00 feet; Thence : with the East line of sa id Lot 1-R-B and the West li ne of said Lot 1-R-A, South 10 degrees, 11 minutes , 35 seconds East , 28 .35 feet ; Thence : North 71 degrees, 23 minutes, 30 seconds West, 36.47 feet to the Northwesterly line of sa id Lot 1-R-B and the Southeasterly line of a x,xxx acre tract of land as conveyed to the V.W . Boswell Estate by deed recorded in Volume xxxx , Page xxx , said Deed Records; Thence : w ith the Northwesterly li ne of said Lot 1-R-B and the Southeasterly line of said V .W . Boswell tract , North 48 degrees , 17 minutes , 15 seconds East, 28 . 77 feet; Thence : South 71 degrees , 23 minutes , 30 seconds East , 8.47 f eet t o the place of beginning and containing xxx square feet of land more or less. Upon construction of the sanitary sewer line within the adjacent 25 foot permanent s anitary sewer easement and its acceptance by the City of Fort Worth, the herein described temporary construction easement shall become null and void. Note: Su rvey o n the g roun d Note: Beari ng Basis - Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663 .19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surve ying , General Rules of Procedures and Practices, 663 .19 (7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed ." SS M244B :TCE-3 Lot 1-R-B , K FJZ Add. CFW/DO E #5405 ANA Proj. # 030570 5700 W. Pioneer Pkwy. A rlington, T X Page 1 of 1 1" 1 00' Notes: Surveyed on the ground JULY, 2006 Basis of Bearings: Bearings ore based on true north derived from GPS observations relative to NAO 83, Texas North Central Zone In accordance with the Texas Boord of Professional Land Surveying, General Ru les of Procedure and Practices, 663.19(9), this "report" consists of the Real Property Description included herein, and a Map of Survey attached herewith. In accordance with the Texas Boord of Professional Land Surveying, Gen eral Rul es of Procedures and Practices, 663. 19(7), "The cited instruments ore not necessarily the current owners of the subject property, but ore the documents containing the descriptions of the boundaries as surveyed." I I I I I I I I I I I I I I I \ I \ I I I I I \ I I I I I I I I I I I I I I I \ I I \ \ I I I \ \ \ I \ \ I I I I I I I I I I I I I \ I I I I I I I I I I I I I I I I I I I I I \ I I I I I I I I I I \ \ \ \ \ o. r- \. ~"' "'~ ,~v>-< I I I I I I It;\ 'or:d J-"-101""1 <,,:!~ ~~!cl I .• "' n n \. -,,o -'· LINE BEARING DISTANCE . "'"' ~"' L-1 L-2 L-3 L-4 L-5 510° 11 '35"E 21 . G2' 579°51 'S O"W 2 , 19' N71°23'30"W 5G .3 G' N48° 17 ' 15"E 23,02' 571 ° 23' 30"E 3G.47' 5701 w Pioneer PKwy , Ari inoton Boswel I, V W Est 5843 Merryrnount Rd ForT Worth Tx 76107 5700 W Pioneer Pkwy , Ari inQton Univision Radio Broadcasting 7700 Carpenter Fwy Doi las Tx 75247 ! nstrument : 020431 0252 V. W. BOSWELL VOL . 1445, P.G38 D.R .T.C.T . LDT 1 -R-B LOT 1-R-A KFJZ ADDITION VOLUME 388-109 , P .30 P.R .T.C . T . 20' TEMPORARY CO UCTION SANITARY SEWER EASEMENT TCSS E-3 KFJZ ADDITION VOLUME 388-109 , P.30 P.R.T.C.T. 5740 W Pioneer Pkwy, Arl inoton Univision Rodi o Broadcast; no 7700 Cor-penter-Fwy Dor las Tx 75247 Instrument : 0204310252 °('-oJ:J ._.._, r-:i,·1 \ ~ I I~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I EXHIBIT A SHOWING A 20 FOOT TEMPORARY CONSTRUCTION SANITARY SEWER EASEMENT SITUATED IN LOT 1 -R-B, KFJZ ADDITION TARRANT COUNTY, TEXAS DRA WN BY : ED "'"'· \ \ \ \ I \ I I I I \ \ I \ 1" IRF SANITAR Y SEWER TCSSE-3 DOE NO. 5405 5700 W. PIONEER PKW Y , ARLINGTON.TEXAS LOT 1-R·B KF JZ ADD ITION SHT . NO . DAT E: 0 7-27-0 G DG N. NO.: 0 57 0 244TCSSE3. DGN APPR OVED S Y : SKW ~o C:O~SU~ T ANTS9 LoLoC, Engineering, Pla.nmng, a.nd. Surveying 1701 RIVER RUN /SUTE 610 /FORT WORTH. TX .76107 /18171335·9900/ fAll:18171335·9955 «M-244B» Parcel # SSE-4 Doe# «5405» 5831 W . PIONEER PKWY, ARLINGTON, TEXAS ROBERT R. RAMEY SURVEY A-1341 STATE OF TEXAS COUNTY OF TARRANT DATE: 08 -07-2006 § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT SEWER LINE EASEMENT GRAN T O R: BOSWELL, V. W. EST . GRANT O R 'S MAILING ADDRESS (i ncl uding Co un ty): 584 3 MERR Y MOUNT RD. FORT W ORTH , TARRANT COUNTY, TEX AS 761 07 G RAN TEE : CITY OF FORT WORTH GRANTEE 'S MAI LI NG A DDRESS (incl uding County): 1000 THROCKMORTON ST. FORT WORTH , TARRANT COUNTY , TX 76 102 CONSIDERATIO N: One Dollar ($1.00) a nd ot her goo d and valu able consideration , the receipt and su ffic ie ncy of whi ch is hereby ack nowledged . PROPE RTY: Leg al Desc r ip tio n of Property 5 831 W. PIO N EE R PKWY, ARLINGTON , T EX AS ROBERT R. RA M EY S URV EY A-1341 (See attac hed Exhibits "A" and "B") Grantor, for the consideration paid to Granter and other good and valuable consideration, hereby grants , sells , and conveys to Grantee, its s uccessors and assigns , an exclusive , perpetual easement for the construction , operation , mainte nance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachme nts, equipment and appurtenances , including , but not limi ted to manholes , m an hole vents , lateral line connections, pipelines, junction boxes in, upon , under and across a portion of the P roperty and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter P roperty , or any part thereof, for the purpose of constructing , operating, maintaining, replacing, upgrading , and repairing said Facility. Permane nt Sewer Line Easement RP/CG 07/04 In no ev ent shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building , including , but not limited to, monument sign , pole sign , billboard, brick or masonry fences or walls or other structures that require a building permit. However , Grantor shall be permitted to maintain any existing concrete drivewa y or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated , altered , damaged , or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided , however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in vi olation of th e provisions and intended use of this Easement. TO HAV E AND TO HOLD the above-described easement, together with all and singular the rig hts and appurtenances thereto in anyway belonging unto Grantee , and Grantee 's successors and assigns forever; and Grantor does he reby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part thereof. When t he conte xt requires , singular nouns and pronouns include the plural. GRANTOR: FOR: BOSWELL , V. W. EST GRANTEE: City of Fort Worth Marc Ott, Assistant City Manager G:\SURVE Y\j ob \030 570\EASEMENTS\030570SSE2DED .doc Permanent Sewer Line Easement RP/CG 07/04 Real Property Description Ofa 25 Foot Permanent Sanitary Sewer Easement Out of Tracts 12 and 34-B Robert R. Ramey Survey Abstract No. 1341 Being a parcel ofland out of those certain tracts out of the Robert R. Ramey Survey, Abstract Number 1341 as conveyed to the V.W. Boswell Estate by deed recorded in Volume 1445, Page 638, Deed Records, Tarrant County, Texas for the purpose of constructing, operating, and maintaining a sanitary sewer system and its appurtenances and being more particularly described as follows: Beginning at a point in the West line of said V.W. Boswell Estate tracts and the East line of a tract of land out of said Robert R. Ramey Survey as conveyed to Donald E. Williams and wife by deed recorded in Volume 2045, Page 360 said Deed Records, said point also being in a curve to the right, having a radius of 6,725.00 feet and, from which a 5/8" iron rod found for the Northwest comer of said V.W. Boswell Estate tracts, the Northeast comer of said Donald E. Williams and wife tract and being in the South line of the Union Pacific Railroad Company right-of-way bears North 03 degrees, 08 minutes, 59 seconds West, 7.10 feet; Thence: with said curve to the left, through central angle of 03 degrees, 52 minutes, 03 seconds, an arc distance of 454 .00 feet (the long chord of which bears North 81 degrees , 45 minutes , 46 seconds East, a chord distance of 453 .9 2 feet); Thence: North 79 degrees , 49 minutes, 45 seconds East, 326.13 feet; Thence : South 71 degrees, 23 minutes, 30 seconds East, 172 .75 feet to the Southeasterly line of said V.W. Boswell Estate tracts and the Northwesterly line of Lot 1-R-B, KFJZ Addition, an addition to the City of Arlington as recorded in Volume 388-109, Page 30, Plat Records , Tarrant County, Texas; Thence: with the Southeasterly line of said V.W. Boswell Estate tracts and the Northwesterly line of said Lot 1-R-B, South 48 degrees, 17 minutes, 15 seconds West, 28.77 feet; SS M-244B:SSE4 Tr. l 2/34B, R.R.Ramey Survey, A-1341 CFW /DOE #4505 ANA Proj . #030570 5701 W. Pioneer Pkwy Arlington, TX Page I of2 Thence: North 71 degrees, 23 minutes, 30 seconds West, 125.09 feet; Thence: South 79 degrees, 49 minutes, 45 seconds West, 319. 71 feet to the beginning of a curve to the right having a radius of 6,750.80 feet ; Thence: with said curve to the right, through a central angle of 03 degrees, 52 minutes, 45 seconds, an arc distance of 457 .07 feet (the long chord of which bears South 81 degrees, 46 minutes, 07 seconds West, a chord distance of 456.98 feet) to the West line of said V.W. Boswell Estate tracts and the East line of said Donald E. Williams and wife tract; Thence: with the West line of said V.W. Boswell Estate tracts and the East line of said Donald E. Williams and wife tract, North 03 degrees, 08 minutes, 59 seconds West, 25 .04 feet to the place of beginning and containing 23,522 square feet ofland, more or less. Note : Surveyed on the ground July, 2006 Note: Bearing Basis -based on true North derived from GPS Observations relative to NAD '83 , Tex as North Central Zone. Note : In accordance with the Texas Board of Professional Land Surveying , General Rules of Procedure and Practices, 663 .19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed ." SS M-244B:SSE4 Tr. 12/34B, R.R.Ramey Survey, A-1341 CFW/DOE #4505 ANA Proj. #030570 5701 W . Pioneer Pk-wy Arlington, TX Page 2 of2 S2 1 // 1 00' L'.·0.3° 52 '45" R•6750 .80' L =457 .07' T • 228 .62' \1 L.C .·S81° 4 6 '07"W \ 456.98' I\ \ I , I I ....-', I I ~ .. I \"o, I I • ~, I I \ I I I I I ~i I 57 0 1 w Pioneer Pkwy, Ari i noton Boswe l I, V W Est 5843 Merryrrount Ad Fort worth Tx 76107 M T Johnson Survey A863Tr 2A VOL . 1445 , PG . 638 o.R .r .c.r . , ..... :lit \ 't~, 1·~~ I _..I I I I I I I I I I I I \ I I I I I I 25' SANITARY SEWER< t'~~~--+\~+'-----'r--~--t~\'. EASEMENT SS-4 1 23 ,522 SO.FT. +/- Notes: Surveyed on the ground JULY, 2006 Basis of Searings: Bearings ore based on true north derived from CPS observations relative to NAO 83, Texas North Central Zone In accordance with the Texas Boord of Professional Land Surveying, General Rules of Procedure and Practices, 663.19(9), this "report" consists of the Real Property Description included herein, and a Mop of Survey attached herewith. In accordance with th e T exos Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19( 7), "The cited instruments are not necessarily the current owners of the subject p r operty, but ore the documents containing the descriptions of the boundar ie s o s surveyed." 5700 w Pioneer Pkwy , Ari inoton Univis i on Rodia Broodcostino 7700 Carpenter Fwy LOT 1-R -A KFJZ ADDITION VOLUME 388 -1 09, P.30 P .R . T.C. T. Dallas Tx 75247 Instrument: 0204310252 LDT 1 -R-B KFJZ ADDITION VOLUME 388-109 , P .30 P.R .T.C .T. I I I I I I I I I \ I I I I I \ I I \ I < I \o~ \?l;:oEi \~O"M ,n·~ \~::?i \ '!. \ I ~ I I I I I I I I I \ I t-; \ oc:""~ \ ~~rn ~~rri \ (') 4 'A \ :-4:00 I I I \ I I I I I \ \ I I I I ' ' ' I \ \ I L', ·0.3° 52 '0.3 " R·6725 .80' L·454.00' T ·227 .09' L.C.·N81° 45'46"E 45.3 .92' I I ~ ~ ' '~'-?~ ::.,., , DRAWN BY: EO DATE : 07-27-06 {$-,, ;;:. A / 25 FOOT EXHIBI T SHOWING A SANITARY SITUATED IN SEWER EASEME NT ROB ERT R. RAMEY SURV EY ABSTRACT NO. 1 34 1 TARRANT COUNTY, TEXAS SANITARY SEWER SSE -4 DOE NO. 5405 5831 W. PIONEER PKW Y, ARLINGTON , TEXAS ROBERT R. RAME Y SURVEY ABSTRACT NO. 1341 SHT . NO. ~-CONSULT ANT§9 L.L.C. I DGN . NO.: 030570244SSE4 , OGN Engineering, Planning, and Surveying l _._A_P_P_R_O_V_E_D __ B_Y_:_S_K_W _____________ ,1_01_RM_R_RUN __ ,s_u_T_E_6l_O_,r_oo_T _WOR-TH ___ TX_.7_6_10_)_/(_61-7l-JJ_5_·9_90_0_/_f!J_.,,s_,1_)J_J_5--99-55 ___________ _ «M-244B» Parcel # TCSSE-4 Doe# «5405» 5831 W. PIONEER PKWY, ARLINGTON , TEXAS ROBERT R. RAMEY SURVEY A-1341 ST ATE OF TEXAS COUNTY OF TARRANT DATE: 08 -07-2006 § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH TEMPORARY SEWER LINE EASEMENT GRANTOR: BOSWELL , V. W. EST. GRANTOR'S MAILING ADDRESS (i ncluding County): 584 3 MERRYMOUNT RD. FORT WORTH , TARRANT COUNTY, TEXAS 76107 GRANTE E : CITY OF FORT WORTH GRANTEE 'S MAILING ADDRESS (in cluding County): 1000 THROCKMORTON ST. FORT WORTH , TARRANT COUNTY, TX 76102 CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration , the receipt a nd sufficiency of which is hereby acknowledged. PRO PERTY: Legal Desc ri ption of Property 5831 W. PION EER PKWY , ARLINGTON , TEXAS ROBERT R. RAMEY SURVEY A-1341 (See attached Ex hi b it s "A " and "B") Grantor, for th e consideration paid to Grantor and other good and valua ble consideration , hereby grants , seils , and conveys to Gran tee , its successors and assigns , an exclusive , perpetual easement for the construction , operation, m ai ntenance, replacement, upgrade, and repair of a Permane nt Sewer Line Facility, hereafter refe rred to as "Fa cility". The Facility includes all incidental underground and aboveground attachments , equipment and appurtenances, including, but not limited to manholes , manhole vents , lateral line conn ectio ns, pipelines , junction boxe s in , upon, under and across a portion of th e Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes , together with the right and pr ivilege at any and all times to enter Property , or any part thereof, for the purpose of constructing , operating, maintaining, replacing, upgrading, and repairing said Fa cility. Permanent Sewer Line Easement RP/CG 07104 In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11 ) erect or permit to be erected within the easement property a permanent structure or building , including , but not limited to , monument sign , pole sign , billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense , including the restoration of any sidewalks, drivewa ys, or similar surface improvements located upon or adjacent to the Easement Tract wh ich may have been removed , relocated , altered , damaged , or destroyed as a result of the Grantee's use of the easement granted hereunder . Provided , however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee , and Grantee's successors and assigns forever ; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the conte xt requires, singular nouns and pronouns include the plural. GRANTOR: FOR: BOSWELL, V. W. EST GRANTEE : City of Fort Worth Marc Ott , Assistant City Mana ger G :\SURVEY\job\030570\EASE MENTS\030570SS E2DED .doc Permanen t Sewer Line Easement RP/CG 07 /04 Real Property Description Ofa 20 Foot Temporary Construction Easement Out of Tracts 12 and 34-B Robert R. Ramey Survey Abstract Number 1341 Being a parcel ofland out of Tracts 12 and 34-B, Robert R. Ramey Survey, Abstract Number 1341 as conveyed to the V.W. Boswell Estate by deed recorded in Volume 1445, Page 638, Deed Records, Tarrant County, Texas for the purpose of constructing a sanitary sewer system and its appurtenances and being more particularly described as follows: Beginning at point in the West line of said V. W. Boswell Estate tract and the East line of Tract 12-F and 34-Bl said Ramey Survey as conveyed to Donald E. Williams and wife by deed recorded in Volume 2045, Page 360 said Deed Records and being in a curve to the left having a radius of 6,750.80 feet; and from which a 5/8" iron rod found for the Northwest corner of said V. W. Boswell Estate tracts, the Northeast comer of said Donald E. Williams and wife tract and being in the South line of the Union Pacific Railroad right-of-way bears North 03 degrees, 08 minutes, 59 seconds West, 32.14 feet; Thence: with said curve to the left, through a central angle 03 degrees. 52 minutes, 45 seconds, an arc distance of 457 .0 7 feet (the long chord of which bears North 81 degrees, 46 minutes, 07 seconds East, 456.98 feet); Thence: North 79 degrees, 49 minutes, 45 seconds East, 319.71 feet; Thence: South 71 degrees, 23 minutes, 30 seconds East, 152.09 feet to the Southeasterly line of said V.W. Boswell Estate tract and the Northwesterly line of Lot 1-R-B, KFJZ Addition, an addition to the City of Arlington as recorded in Volume 388-109, Page 30, Plat Records, Tarrant County, Texas; Thence: with the Southeasterly line of said V. W. Boswell Estate tract and the Northwesterly line of said Lot 1-R-B, South 48 degrees, 17 minutes, 15 seconds West, 23.02 feet ; SS M244-B :TCE-4 Tract 12 & 34B R.R. Ramey Survey, A-1341 CFW/DOE #5405 ANA Proj. # 030570 5831 W. Pioneer Pkwy Arlington, TX Page 1 of2 Thence: North 71 degrees, 23 minutes, 30 seconds West, 135.56 feet; Thence: South 79 degrees, 49 minutes, 45 seconds West, 314.59 feet to the West line of said V.W. Boswell Estate tract and the East line of said Donald E. Williams and wife tract; Thence: with the West line of said V. W. Boswell Estate tract and the East line of said Donald E. Williams and wife tract, North 03 degrees, 08 minutes, 59 seconds West, 20.03 feet to the place of beginning and containing 23,479 square feet ofland, more or less. Upon construction of the sanitary sewer line within the adjacent 25 foot permanent sanitary sewer easement and its acceptance by the City of Fort Worth, the herein described temporary construction easement shall become null and void . Note: Surveyed on the ground July, 2006 Note: Bearing Basis -based on true North derived from GPS observations relative to NAD 83 , Texas North Central Zone. Note : In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663 .19(9), this "report" consists of the Real Property Description included herein , and Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663 .19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed." SS M244-B :T C E-4 Tract 12 & 348 R.R. Ramey Survey, A-1341 CFW/DOE #5405 ANA Proj. # 030570 5831 W . Pioneer Pkwy Arlington, TX Page 2 of 2 1 (/ 100' \ 6-03° 52'45" 6-0 3 ° 5 3'19 " R -6 77 0 .80' L·4 59 .51 ' T ·2 29.8 5 ' L.C.·S8 1° 4 6 '24"W 4 59 .43' t-+-++---R ·6750.80' Notes' S701 W Pioneer-Pkwy, Ari in<Jton Boswel 1 , V w Est 5843 Merrymount Rd Fort Wor th Tx 76107 M T Johns on Survey A 863 Tr 2A VOL . 1445 , PG. 638 Q.R.T.C.T. 20' TEMPORARY CONSTRUCTION SAN IT ARY SEWER EASEMENT SS-4 23,479 SO. FT. +/- Surveyed on the ground JULY, 2006 Basis of Bearings: Bearings are based on true north derived from GPS obs ervations relative to NAO 83, Texas No rth Central Zone In accordance with the Tex as Boord of Professional Land Surveying, General Rules of Procedure and Practices, 663.19(9), this "report" consists of the Reol Property Description included herein, and a Mop of Survey attached herewith. In accordance with the Texas Boo r d of Professional Land Surveying, General Rules of Procedures and Practices, 66.3.19(7), "The cit ed instrumen ts ore not necessarily the current owners of the subject property, but ore the documents containing the descriptions of th e boundaries as surveyed." LOT 1-R -A 5 700 W Pioneer Pkwy , Ar I i n9ton Univision Radio BroadcostinQ 7700 Carpenter Fwy Dallas Tx 75247 Instrument: D204 3 10252 KFJZ ADDITION VOLUME 388-109, P.30 P .R .T.C .T. LOT 1-R-B KFJ Z ADDITION YOLUME 388-109, P .30 P .R .T.C.T. ' I I < ;, <- OJ> \ o':"'~ \ • .:,.1"11 ,.,,. I < \a~g ~~~ 1;t1:!l. \• •1 ,;<'?'~ l:'-o~. ,~-.Ii ,. ~-, I ~ I ' ~' \ I I I I I I I I \ ' I •• "' n n \ ·.-4-:oo \ ' Nl"ll ~"' I "'"' I - ' I \ \ \ \ \ \ \ ... \t,ltD .... , ...... \. '° I <JI -\'° ... •<JI \ . \ ... I ' ' I \ \ \ \ I ' •"' /;f;? I • ' I /!/ f:.l I .._ o I .._ I ~ ~ I ~ , ; ..:,J.>. I I •o:''1' EX 1B IT A ----1ff; SHOWING A 20 FOOT L·457.07 ' T·228.62' L.C .·N81° 46'07"E 456.98' TEMPORARY CONSTRUCTION SANITARY SEWER EASEME NT SITUATED IN ROB ERT R. RAM EY SURVE Y ABSTRACT NO. 1341 TEMP ORARY CONSTRUCTION SANITARY SEWER TCSSE-4 DOE NO. 5405 DRAWN SY: ED DATE: 0 7-27 -06 OGN . NO . :0570244TCSSE4.DGN APPROVED S Y : SKW TARRANT COUNTY, TEXAS 5831 W. PIONEER PKWY, ARLINGTON. TEXAS ROBERT R. RAMEY SUR VEY ABSTRAC T NO. 1341 SHT . NO. ~. CONSUJL T ANTS9 lL.lL.C. E ngineer ing, Pla.nning, a.nd Surveyini 1701 mVER RUN /SUITE 610 /FORT WORTH. TX .76107 /1817l3J5·990D/ fAXc18171JJ5-9955 «M-244B» Parcel # SSE-5 Doe# «5405» 5951 W. PIONEER PKWY, ARLINGTON, TEXAS ROBERT R. RAMEY SURVEY A-1341 ST ATE OF TEXAS COUNTY OF TARRANT D A TE: 08 -30-2006 § § § K NOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT SEWER LINE EASEMENT GRANT O R: W ILLI AMS, DONALD E. Mrs. G RAN TO R'S MAILI NG AD D R ESS (in clud in g Co un ty): 5 843 M ERRYMO U NT RD . FO RT W ORTH , TARRANT COUNTY, T EX AS 7610 7 GRAN TEE : C ITY OF FORT WORTH GRAN TEE 'S MAILIN G AD D R ESS (including Co unty): 1000 T H ROCKMORTON ST. FORT W ORT H , TARRANT COUNTY, TX 76 102 CONSIDERATI ON : One Dollar ($1.00 ) a nd other good and va lua ble consideration , t he receipt a nd sufficiency of w hi ch is hereby acknow led ged. PROP E RTY: Legal Description of Property 5951 W. PION EER PKWY, ARLINGTON, T EXAS ROB ERT R. RAM EY SURVEY A -1341 (See attached Exhibits "A" and "B") Grantor, for the consideration paid to Grantor and other good and valuable consideration , hereby grants , sells, and conveys to Grantee, its successors and assigns , an exclusive, perpetual easement for the construction , operation , maintenance , replacement , upgrade , and repair of a Permanent Sewer Line Facility , hereafter referred to as "Facility". The Facili ty includes all incidental underground and aboveground attachments , equipment and appurtenances , including, but not limited to ma nho les , manhole vents , lateral line connections , pipelines , junction boxes in , upon , under and across a portion of th e Property and more full y described in Exhibit "A " attached hereto and incorporated herein for all pertinent purposes , together with the right and privilege at an y and all times to enter Property , or any part thereof, for the purp ose of constructing , operating , maintaining , replacing , upgrading , an d repa iring sa id Facility . Permane nt Sewer Une Easement RP /CG 07/04 In no event shall G rantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II ) erect or permit to be erected within the easement property a permanent structure or building, including , but not limited to , monument sign , pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks , driveways, or s imilar surface improvements located upon or adjacent to the Easement Tract which may have been removed , relocated , altered , damaged , or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided , however, that Grantee shall not be obligated to restore or replace irrigation systems or othe r improvements installed in violation of the prov isions and intended use of this Easemen t. TO HAVE AND TO HOLD the above -described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever ; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns, against every person whomsoever lawfully c;laiming or to claim the same , or an y part thereof. When the context requires , singular nouns and pronouns include the plural. GRANTOR: FOR: WILLIAMS , DONALD E . Mrs GRANTEE: City of Fort Worth Marc Ott , Assistant City Manager G :\SURVE Y\job\030570\EASEMENTS\030570SS E2DED .doc Permanent Sewer Line Easement RP/CG 07/04 ACKNOWLEDGEMENT STATE O F TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Publ ic in and for the Sta te of Texas , on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he /she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of ___________ ,20 _. Notary Public in and for the State of Te xas ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME , the undersig ned authority, a Notary Publ ic in and for the State of Texas , on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he /she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of ___________ ,20_. Permanent Sewer Line Easement RP/CG 07 /04 Notary Public in and for the State of Te xa s Real Property Description of a 25 Foot Permanent Sanitary Sewer Easement out of Tracts 12-F and 34-B1 Robert R. Ramey Survey Abstract No. 1341 Being a parcel of land out of those certain tracts out of the Robert R. Ramey Survey, Abstract Number 1341 as conveyed to Donald E. Williams and wife by deed recorded in Volume 2045, Page 360, Deed Records, Tarrant County, Texas for the purpose of constructing, operating and maintaining a sanitary sewer system and its appurtenances and being more particularly described as follows: Beginning at a point in the East line of said Williams tract and the West line of West line of a tract of land out of said Robert R. Ramey Survey, as conveyed to the V.W Boswell Estate, by deed recorded in Volume 1445, Page 638, said deed records and from which a 5/8" iron rod found for the Northeast corner of said Williams tract and the Northwest corner of said V .W. Boswell Estate tract, and being in the South right-of-way line of the Union Pacific Railroad Company, bears North 03 degrees, 08 minutes, 59 seconds West, 7 .10 feet; Thence : with the East line of said Williams tract and the West line of said V .W . Boswell Estate tract, South 03 degrees, 08 minutes, 59 seconds East, 25 .04 feet to the beginning of a curve to the right having a radius of 6,750.80 feet; Thence : with said curve to the right, through a central angle of 01 degrees, 36 minutes, 21 seconds , an arc distance of 189.21 feet (the long chord of which bears South 84 degrees, 30 minutes , 40 seconds West, a chord distance of 189.20 feet); Thence: South 72 degrees, 54 minutes , 04 seconds West, 107 .58 feet; Thence: South 87 degrees, 37 minutes , 40 seconds West, 504 .24 feet to the West line of said Williams tract and the East line of a tract of land as conveyed to the Tarrant County, Texas Transportation Department by deed recorded in Volume 1339 , Page 200, said deed records; SS M -244:SSES CFW /DOE #4505 ANA Proj. #030 570 5951 W. Pioneer Pkwy Arlington , TX Page I of2 Thence : with the West line of sa id Williams tract and the East line of said Tarrant Coun ty tract, North 00 degrees, 04 minutes , 32 seconds East, 25 .02 feet, from which a 1" iron rod found in said South r ight-of-way line of Union Pacific Railroad Company and being the being the Northwest corner of said Williams tract and the Northeast corner of said Tarrant County tract , bears North 00 degrees, 04 minutes , 31 seconds East , 30 .55 feet ; Thence : North 87 degrees , 37 m inutes, 40 seconds East , 499 .91 feet ; Thence : North 72 degrees, 45 minutes, 04 seconds East, 107 .07 feet to the beginn ing of a curve to the right having a radius of 6,725 .80 feet ; Thence : with said curve to the right , through a central angle of 01 degrees, 38 m inutes , 27 seconds , an arc d istance of 192 .61 feet (the long chord of which bears North 84 degrees , 31 minutes , 01 seconds East, a chord distance of 192 .61 feet ) to the place of beginning and containing 20 ,007 square feet of land , more or less. Note : Surveyed on the ground July 2006 Note : Bearing Bas is -based on true North derived from GPS Observations relative to NAD '83 , Texas North Central Zone . No te: In accordance with the Texas Board of Professional Land Su rveying, Genera l Rules of Proced ure and P rac tices, 663. I 9(9), this "report" consists of the Rea l Property Descri ptio n in cl uded herei n , an d Map of Survey attached herewith . Note: In accordan ce with the Texas Board of Profess ional Land S urveying, General Rul es of Procedures and Practices , 663. I 9(7), "The cited instruments ar e not n ecessarily the c urrent owners of the su bject property, b ut are th e docu ments contain ing the desc riptions of the boundaries as surveyed." SS M -244 :SSE5 CFW/DOE #4 50 5 ANA Proj. #030570 595 1 W. Pion eer Pkwy Arli ngton , TX Page 2 of2 TRACT 1-R-1 1 " 1 00' Notes' 5951 W P ioneer Pkwy, Ari irn;;,ton Wi 1 1 ioms , Donald E Mr s 5843 Merrymount Rd Fort Worth Tx 76107 Robert R Rorrey Survey Abst 1341 Tr 12F,34B1 VOL. 2045, PG. 360 O.R .T.C.T. 25' SANITARY SEWER EASEMEN T SS-5 20 ,007 SO.FT. +/- Surveyed on the ground JULY, 2006 Basis of Bearings= Bearings ore based on true north derived fr om GPS ob servations relative to NAO 83, Texas North Central Zone In accordance with the Texas Boord of Profes si onal Land Surveying, Gener al Ru les of Procedure and Practices, 663.19(9), this "report" consists of the Real Property Description included herein, and a Mop of Survey attached herewith . In accordance with the Texas Boord of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), "The cited ins t ruments are not necess arily the c u rr ent owners of the subject property , but ore t he document s con t aining the descriptions of the boundaries as surveyed ." w Pioneer Pkwy. Arl inQton Boswel I , v w Est 6<13 Merryrrount Rd ort Worth Tx 76107 T J ot,nson Survey A 863 Tr 2A VOL. H<S. PG. 638 O.R.T.C.T. EXHIBIT A ' I\ I I I I I I I I I I I I I I I VARIABLE TESCO ESM 'T. VOL. 4430 , P . 2 15 o.R .r.c.r. 6-30-67 C 1 6 •0 1° 36 '2 1" R·6750 .80' L ·189.21' T -9 4.6 1' L.C.=S8 4 ° 30 '40 "W 189 .20' C2 6 •0 1° 38 '2 7" R·6725 .8 0 ' L·1 92 .61' T =96 .3 1' L .C.•N84 ° 31'0l"E .... \-< Ir ,_ 192 .61' A 25 FOOT EAS EMENT RAMEY SURVEY 1 3 -4 1 ,:: .... V> SANITAR Y SEWER SSE· 5 DOE NO. 5405 5951 W. PIONEER PKWY, ARLINGTON, TEXAS ROBERT R.RAME Y SURVEY ABSTRACT NO. 1341 DRAWN BY: ED OATE : 07-27 -06 OGN . NO.: 030570244SSES.OGN APPROV ED BY: SKW TEXAS ~-CONSULT ANTS, L.L.C. Engineering, P l anning, and Surveying 1701 RIVER RUN /SITT[ 61D if ORT WORTH, TX.76107 /18171335·9900/ f AXc(817ll35·9955 SHT. N0.3 OF 3 «M-244B» Parcel # TCSSE-5 Doe# «5405» 5951 W. PIONEER PKWY, ARLINGTON, TEXAS ROBERT R. RAMEY SURVEY A-1341 STATE OF TEXAS COUNTY OF TARRANT DATE : 08 -30-2006 § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH TE MPO RARY SEWER LINE EASEMENT GRANTOR: WI LLIAMS , DONA LD E. Mr s. GRANTOR'S MAILING ADDRESS (inclu ding Coun ty): 5843 MERRYMOUNT RD. FORT W ORTH , TARRANT COUNTY, TE X AS 76107 GRANTEE : CITY OF FORT WORTH GRANTEE'S MAILING A DD RES S (including County) 1000 THROCKMORTON ST. 0 FORT WORTH , TARRANT COUNTY, TX 76102 CONSIDERATION: O ne Doll ar ($1.00) and other good and valuable con sideration , the receipt and sufficiency of which is he reby ack nowledged . PROP E RTY: Legal Descri pt ion of Prop erty 5951 W. PIONEER PKWY, ARLINGTON, T EXAS ROBERT R. RAMEY SURV EY P.-1341 (See attached Exhibits "A" and "B ") Granter, for the considerati on pa id to Granter and other good and valuable consideration , hereby grants, sells , and con vC?y s to Grantee, its successors and assigns , an exclusive , perpetual easeme nt for the c A,,··ructio n, operation , m aintenan ce , replacement, upgrade , and repair of a Permanent Se we c 1e Facility, hereafter re ferred to as "Facility". T he Fa cility includes all incidenta l un d e-· Toun d and above g ro und attach ments , equipment and appurtenances , including , but n-lim ited to manho le s, manhole vents , lateral line connections , pipelines , junction boxe s in , u1,".,11, under and ac ross a portion of the Property an d more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes , together with the right and pri vd,· 'le at an y and all tim e s to enter P roperty , or any part thereof, for the purpose of constru ct;'l': '1:;rating , maintain ing, replac ing , upgrading , and repairing said Faci lity. Permanent Sewer Li ne Easement RP/CG 07/04 In no event shall Grantor (I) use the Prop e rt y in an y manner which interferes in any materia l way or is inconsistent with the ri g hts ,-,ran te d hereunder, o r (II ) erect or permit to be erected within the easement property a pc:-n' 0 nent stru cture or b uildi ng , including, but not limited to , monument sign , pole sign , bii'r)c·:;rd , brick or masonry fences or walls or other structures that require a building permit. How f,V"", Granto r shall be per m itted to maintain any existing concrete driveway or road on the Prop p y Gra ntee shall be ob lig ated to restore the surface of the Property at Grantee's sole cost and e xpense , including the restoration of any sidewalks , dri v eways , or sim ilar surfa ce im e:rov e me nts loca ted upon o r adjacent to the Easement Tract which may have been rem ov H I. re located, a ltered , dam ag ed, or destroyed as a result of the Grantee's use of the easem e r'. ~--a nted he reunder . Provid e d, however , that Grantee shall not be obligated to restore or re p i · --irr igation systems o r othe r improvements installed in vio lation of the provisions and intend e r' · , of th is Easement. TO HAVE AND TO HOLD t r ri ghts and appurtenances t h,., and assigns forever ; and G , warrant and forever defe nd assigns , against every pers -- thereof. ',ave-de sc ri bed ea sement, together with all and singular t he n an yw ay belongin g unt o Grantee , an d Grantee 's successo rs r does here by bin d itself a nd its successor and assigns to nd singu lar the ease me nt unto Grantee, its successor and )msoever la wful ly claimi ng or to clai m the same , or an y part W hen the context requires , si r -•ul 3r nouns and pro no uns inclu de the plural. GR AN TO R FOR: W ILLIAMS , DONALD E. Mrs G R.11,NTE E: -C ity of Fort Worth Ma rc Ott, Ass is tant City Manager G :\SU RVEY\job\03057 0\EAS E ~iEN T S\0 30 57 0 SSE2DE D. doc Permanent Sewer Line Easement RP /CG 07/04 0 AC K NOWLEDGEME NT STAT E O F TEXAS § COUNT Y OF TARRA NT § BEF OR E ME, the und ersig ned authority , a Nota ry Pub li c in and for the State of Texas , on this day perso nal ly appeared , know n to me to be the same person whose name is su bscrib ed to the foreg oing instru ment, and ack nowl edged to me that the same was the act of and that he/sh e executed the same as the act of said for the purposes and conside ration therein exp res sed and in the ca pacity the rein stated. GIVE N UN DE R MY HAN D AND SEAL OF OFFI CE this _______ day of ___________ ,20 Notary Pub li c in and for the State of Texas AC KN OWLEDG EMEN T ST ATE O F TE XAS § COUNTY O F TARRANT § BEF ORE ME , the un dersi g ned authority , a Notary Public in and for the State of Texas , on this day personally appeared , known to me to be the same person who se name is ~11b scribe d to the foreg oing instrument, and acknowledged to me that t he same was the act of and th at he /she executed the same as the act of said for the purposes and consideration therein exp ,-0 0:ed and in the capacity th erein stated . GIV EN UN DE R MY H,6N D AND SEAL O F OFF ICE this _______ day of ___________ ,20 _. Permanent Sewer Line Easement RP/CG 07/04 N ot ary Public in and for the State of Texas Real Property Description Ofa 20 Foot Temporary Construction Easement Out of Tracts 12-F and 34-B1 Robert R. Ramey Survey Abstract Number 1341 Being a parcel of land out of Tracts 12-F and 34-B 1, Robert R. Ramey Survey, Abstract Number 1341 as conveyed to Donald E. Williams and wife by deed recorded in Volume 2045, Page 360, Deed Records, Tarrant County, Texas for the purpose of constructing a sanitary sewer system and its appurtenances and being more particularly described as follows : Beginning at a point in the East line of said Williams tract and the West line of Tract 2R, out of said Ramey Survey as conveyed to the V.W . Boswell Estate by deed recorded in Volume 1445, Page 638 , said Deed Records, and from which a 5/8 iron rod found for the Northeast corner of said Donald E. Williams tract and the Northwest corner of said V.W. Boswell Estate tract bears North 03 degrees, 08 . minutes, 59 seconds West, 32 .14 feet; Thence: with the East line of said Donald E. Williams tract and the West line of said V .W. Boswell Estate tract, South 03 degrees, 08 minutes , 59 seconds East, 20.03 feet to a point in a curve to the right, having a radius of 6,770 .80 feet; Thence : with said curve to the right, through a central angle of 01 degrees , 34 minutes, 40 seconds, an arc distance of 186 .45 feet (the long chord of which bears South 84 degrees, 30 minutes, 24 seconds West, a chord distance of 186.44 feet); Thence: South 72 degrees, 45 minutes, 04 second West, 107 .99 feet ; Thence: South 87 degrees, 37 minutes , 40 seconds West, 507 .71 feet to the West line of said Donald E. Williams and the East line of that certain tract of land as conveyed to Tarrant County Transportation Department, State of Texas , by deed recorded in Volume 1339, Page 200, said deed records; Thence : With the West line of said Donald E. Williams and the East line of said Tarrant County tract, North 00 degrees, 04 minutes, 32 seconds East, 20 .02 feet from which a 1" iron rod found for the Northwest corner of said Williams tract and the Northeast corner of said Tarrant County tract and being in the South right-of-way line of the Union Pacific Railroad Company bears North 00 degrees, 04 minutes , 32 seconds East, 55 .58 feet; SS M244-B:TCE-5 CFW/DOE #5405 ANA Proj. # 030570 Pagel of2 Thence : North 87 degrees , 37 minutes , 40 seconds East , 504 .24 feet ; Thence: North 72 degrees , 45 minutes, 04 seconds East , 107 .58 feet to the beginning of a curve to the left having a radius of 6 ,750 .80 feet ; Thence: with said curve to the left through a central angle of 01 degrees , 36 minutes , 21 seconds, an arc distance of 189.19 feet (the long chord of which bears North 84 degrees , 30 minutes , 40 seconds East, a chord distance of 189 .18 feet) to the place of beginning and containing 15 ,975 square feet of land , more or less . Upon construction of the sanitary sewer line within the adjacent 25 foot permanent sanitary sewer easement and its acceptance by the City of Fort Worth , the here in described temporary construction easement shall become null and void . Note : Survey on the ground July, 2006 Note: Surveyed on the ground July , 2006 Note: Bearin g Basis -based on tru e North derived fro m GPS o bserv at ions re la tive to NAD 83 , Texas Nor th Central Zone. Note : In accordance with th e Texas Board of Profess ional Land Survey in g, General R ules of Proced ure an d Practices , 663 .19(9), this "report" consists of the Real Property Description includ ed herei n , and Map of S urvey attac hed herewith. Note: In accordance with the Texas Board of Profession al Land Survey in g, Ge neral Ru les of Procedures and Practices, 663 .19(7), "The cited instrum ents ar e not necessar ily the current owners of th e subject property, but are the docu ments contai ning the descriptions of the boundaries as surveyed." SS M 244-B:TCE-5 CFW/DOE #5 405 AN A Proj. # 03 0570 Page 2 of2 1 /I N ot es: TRAC T 1-R-1 LAKE ARLIN GTON I NOUS TR I AL PA RK VO LUME 38 8 -211 , P. 41 P .R.T .C.T. 1 00' 5 9 5 1 W Pi o neer Pkw y , Ari ing ton Wi I Iiams , Do n o Id E Mrs 5843 Merrymount Rd Fort Worth Tx 76107 Rob er t R Rome y Su r v e y Ab s t 1341 Tr 12F,34 B1 2 0 ' VO L . 204 5 , PG. 3 60 Q.R .T .C.T. TE MPOR ARY CO NSTRU CTION SANI TARY SEWER EASEMENT TCS S-5 15 ,975 SO. FT . +/- Sur vey e d on the gro und JUL Y, 20 06 Basis of Bear ings : B e a rings or e ba sed on true n o rth deriv ed from GP S o b se rvations r ela tiv e to NAO 83, Te x as No rth Centr a l Zon e In acc ordanc e with th e Texas Bo ord o f Pr ofessi ona l L and Surv ey ing, Ge ne r al Rules of Pr o c edur e an d Pr actices, 663.19 (9), th is "report" consi s t s of the Reol Prop erty De scription includ ed herein , an d o Mop of Sur ve y a tt ached here wi t h. In accordanc e wit h t h e T exos Boor d o f Prof es sional Land Surv e y in g, Ge neral Ru l es of P roc edures and P , octices, 66.3.19 (7), "The ci ted ins t r umen ts ore not necessaril y t h e curr ent o wn ers of th e subject prop e rty , but are the docume nts c ontain ing the de scr iption s o f the bound ar ies as surve y e d ." I I I I I I I I l ll l 1 !1 t 'II I I I I I I I : ~ : : lfl 'j I I ...> 1 1 1 I N 1 1 1 I..>• :1:1:~~- :·,: : : ",.g P._ : : : ... : '-"_ ,i 1~ciq:1 :~~~: I ."1 I :1 !i: ~ ! ;;a, ... I I I I , ITI 111 I I G:,~111 \ I vi:-<1:l.=1i \ :ti5~ \ f)~:~t ~ \ ..... :g,e')f"l'lj\ I ~~ -1-.q,\ \ Ca:i l/)1~~1\ I C1 Union Pacifi c Roi 1rood Co, ~:6o 1 g~~T~! s-t Stop 1640 Omoho NE 6B 179 c, t:, ·01° .3 4'40" R-6770.80' L·186.45 ' T •93.23' L .C.=S84 ° .30'2 4"W 186 .44' C2 /:J. ·01 ° 36'21" R=6750 .8 0' L=189.19 ' T =94.60 ' L.C .=N84 ° 30'40"E \ 189 .18' 32. 14' N3'8'59 "W ~~'c.;l!\I ----------------4;J~£1r~:.::~Ll'\r ~~!~,TI'i 5 /8 .. IR F . ~ ~~';/, \ I I W P;onee r Pkwy . Arl;nQton 1~%! \ 111 S3°B\'SS"\E \ 1111 P.O .B DR AWN BY: ED 5701 5~~~w:~~~Y~~n~s~d f -~~~ For t worth Tx 7 61 07 \ ~7' M T Johnson Survey r \ A 8 6 3 Tr 2A \ 1 1 VOL , 14 4 5, PG . 638 O.R .T .C.T. EX HI BIT B '' 11 SH OW IN G A 20 FOOT TEMPORARY CONSTRUCT I ON S AN I TARY SEWER EA SE MENT SITUATED IN ROB ER T R. RAME Y SURV EY ABSTRAC T NO . 1 3 41 TAR RANT CO UNTY, TEXAS \ TEMPORARY CONSTRUCTION SA NI TAR Y SE WER TCS SE-5 DO E NO. 54 05 595 1 W. PI ONE ER PKW Y. ARLI NG TON,TE XAS RO BE RT R.RAME Y SU RVEY AB STRACT NO. 134 1 DATE : 0 7-27 -0 6 OG N. NO. :05702 44 TCSSE5 .QGN APPROVE D BY : SK W ~-CON SULT ANT§9 L.L.C. E ng i n eer in g , Pla.n n ing, a n d Sur vey ing SHT. N0 .3 OF 3 1701 RIVER Rt.W /SllTE 61() /FORT WOR TH, TX.76107 /16171335·9900/ F AX0!61713l5·9955 SS M-2448 Parcel# 06 Doe# 4505 Sarah G. Jennings Survey, A-843 ST ATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS DATE : GRANTOR: CITY OF FORT WORTH PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT September 27 , 2007 Tarrant County, Texas Transportat ion Department GRANTOR'S MAILING ADDRESS (includ ing County): 100 E. Weatherford St. Fort Worth, Tarrant County, Texas 76102 GRANTEE : CITY OF FORT WORTH GRANTEE 'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION : Ten Dollars ($10 .00) and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged . PROPERTY: Being a portion of the Sarah G. Jennings Survey , Abstra ct No . 84 3, as recorded in Volume 1339 , Page 200 , Deed Records , Tarrant County , TX, and bei ng more pa rt icularly descr ibed in Exhi bits "A" and "B" attached . Granter , for the consideration paid to Granter and other good and va luable conside ration , hereby grants , sells, and conveys to Grantee , its successo rs and assigns , an exclus ive , perpetual easement for the construction , operation , maintenance , replacement, upgrade , and repa ir of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments , equipment and appurtenances , including, but not limited to manholes, manhole vents , lateral line connections , pipelines , junction boxes in, upon , under and across a portion of the prope rty and mo re fully descr ibed in Exhibit "A" attached hereto an d inco rpo rated he rein fo r all pe rti nent purposes , togethe r wi th the right and privilege at an y and all times to ente r property , or any pa rt th ereof, for PERMANENT SEWER FACILITY EAS EMENT A ND TEMPORARY CONSTR UCTION EASEM ENT Rev. 712006 the purpose of constructing , operating , maintaining , replacing, upgrading , and repairing said Facility; and a temporary construction easement, As described in Exhibi t "B", attached hereto and made a part hereof, to use in connection with the construction of said Facility , said temporary construction easement to expire upon completion of construction and acceptance by Grantee of said Facility . In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or bu ilding, includ ing , but not limited to, monument sign , pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the property at Grantee's sole cost and expense , including the restoration of any sidewalks , driveways , or similar surface improvements located upon or adj acent to the Easement which may have been removed , relocated, altered , damaged , or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described permanent easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee , and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee , its successor and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part thereof. TO HAVE AND TO HOLD the above described temporary construction easement, together with , all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee , and Grantee's successors and assigns until the completion of construction and acceptance by Grantee . Grantor hereby bind themselves , their heirs , successors , and assigns , to warrant and defend , all and singular, said easement unto Grantee , its successors and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part thereof . When the context requires , singular nouns and pronouns include the plural. GRANTOR: GRANTEE: City of Fort Worth Marc A. Ott, Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Att orney P ERMANENT SEWER FAC ILITY EAS E MENT AND TE MPORARY CONSTRUCTION EASE MENT Rev. 7/2006 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this-~-day of Notary Public in and for the State of Texas ACKNOWLEDGEMENT ST ATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of Notary Public in and for the State of Texas PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 7/2006 Si? l' I I I +\. ~z I 100' I I I I I I I I I I I TRACT 4-Rl 6101 w ~~~~~!inaton \ \ POBo119'il3 \ \ Ar I ineton. TX 76004 \ \ TRACT 1 -Rl LAKE ARLll'GTCN IN:>USTRIAL PARK VCl.J . .1,£ 388-211. P. 41 P.R. T .C. T. I I \ ~\ \ ,\\ 1/-.1 1,,'11,:'li.1 , ... i \ \·o·'tl'&_\ \'-1·~~\ , l I 't,.,1 I I \ -~ ,: I I . I I I I Notes, \ \ f 1 Surveyed on the cround JULY, 2006 \ \ I Bos Is of Sear I nQs1 Beor-I ngs ore based on true nor~ dei\-I veb from CPS observations relotlve to NAO 83, Texas N~~th \ I Centro I Zone \ \ I ~8,.~~;~~:~n~:n:~~7 ~8~ 8!e~~s P~~~~:! ~~~f;~~~~?~!s~ond \ : 663. 19f 9>, this · report' cons is ts of the Real Proper\ty \1 Descr i ption Included herein, ond o Mop of Survey ott0chedj her-ew I th. \ 1, In occordonce with the Texas Boord of Profess lono l Lo~d J \ SurveylnQ, General Rules of Procedu-es and Practices,\ 1 \ ~:;~!~~ 1~~n~~:e 0~ I!~: !:~;:~~:~p~~y~o~u~e~~=s~~! r1 _'t~'-~ docunents containing the descriptions o f the boundor11e.i\~s \ survey ed. • 1 T~ A.) : : \ va._6."i:_'';\"i_277 I I j\ L l1'E 8EAAll'G DISTAN:E L-1 so•o4· 31·w 25. 02 ' L-2 SST' 31 " ,o· W S3. 2,· L-3 573•5 1· r1·w 80. 90' L-4 N89• 28' 14" W 182, I I ' L-5 N03• 28' 40· E 4. 60' L-6 N89° 38 ' 51' E I Ill. 07' L-7 N73"' 51' 11' E t 45. 13' L-8 Na1• 31' 40' E 57. 33' J. A. a£.J,,Rf st..R11EY A-269 T.~ co..NTY TEXAS TRANS,O(RT AT I CN DEPT. 100 E. YoEATI-ERF(R) ST. FORT WORTH, TX 76 169 VCl...l..l,E 1339, PG. 200 -5 D.R. T.C. T. VAR IA8LE WIDTH SAN ITARY SEY.ER EASEl,ENT SSE -6 L -6 5,055 SQ. FT. •/ • Lhion P~if ic R.i 1.-o.c.1 Co, At:t T•x o.,pt, \400 Oougla• St. St.op 1640 ~ t,£ 68179 SANITARY SEWER SSE-6 COE NO. s,os S. C. JENN I NGS SURV EY ABSTRACT NO. 843 FORT WORT H, TE XAS DATE1 09-06-07 ~E.~£~~P.~T ~~T.~;, L.L.C. SI-IT. I\O. l CF l ANA PRO..EC • 030570 APPROVED BY1 SKW llOIRIY(RIUI/SUIT[,IO /fORTlllA TH.TI.J61071111llll5 ·990D(f.U:•1 11711l5·1J955 •.• \R•vtsedlMOS SSE-8 Rev.dgin i/211200711:~:411 AM EXHIBIT"A" Real Property Description Ofa Variable Width Permanent Sanitary Sewer Easement Out of the Sarah G. Jennings Survey, Abstract Number 843 Being a parcel of land out of all those certain tracts out of the Sarah G. Jennings Survey, Abstract Number 843 as conveyed to the Tarrant County Transportation Department by deed recorded in Volume 1339 , Page 200 , Deed Records , Tarrant County, Texas for the purpose of constructing, operating and maintaining a sanitary sewer sys tem and it's appurtenances and being more particularly described as follows : Beginning at a point in the East line of said Tarrant Co unty tract and the West line of a tract of land out of the Robert R. Ramey Survey, Abstract Number 1341 as conveyed to Donald E. Williams and w ife by deed recorded in Volume 2045, Page 360 , said Deed records and from which a 1" iron rod found for the Northeast corner of said Tarrant County tract and the Northwest corner of said Williams tract, and being in the South right-of-way line of the Union Pacific Railroad Company bears North 00 degree s, 04 minutes , 31 seconds East, 30 .55 feet ; Thence: wi th the East line of said Tarrant County tract and the West line of said Williams tract , South 00 degrees , 04 minutes , 31 seconds West, 25 .02 feet to a po int , fro m wh ich a Y," iron rod found for the Southeast corner of a 3,311 square foot parcel of land , more or less out of the J.A . Creary Survey, Abstract Number 269 as conveyed to the Texas Electric Service Company by deed recorded in Volume 4440 , Page 277, said deed recor ds bears South 00 Degrees, 04 m inutes , 31 seconds West, 30.31 feet ; Thence: South 87 degrees , 37 minutes , 40 seconds West, 53 .24 feet ; Thence : South 73 degrees , 51 minutes , 11 seconds West, 80 .90 feet to the South line of said Tarrant County tract and the North line of said Texas Electric Service Company tract ; Thence: with the South line of said Tarrant County tract and the North line of said Tex as Electric Service Company tract, North 89 degrees , 28 minutes , 14 seconds West, 182.11 feet ; SS M-244:SSE-6 (Revised) CFW/DOE #4505 ANA Proj. #030570 Page I of2 Thence: North 03 degrees , 28 minutes, 40 seconds East, 4.60 feet; Thence: North 89 degrees , 38 minutes, 51 seconds East , 116 .07 feet; Thence: North 73 degrees , 51 minutes, 11 seconds East , 145.13 feet ; Thence: North 87 degrees, 37 minutes , 40 seconds East, 57.33 feet to the place of beginning and containing 5,055 square feet of land, more or less. Note: Surveyed on the ground July 2006 Note: Bearing Basis -based on true North derived from GPS Observations relative to NAO '83, Texas North Central Zone Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663 .19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), 'Toe cited instruments are not necessarily the current owners of the subject property , but are the documents containing the descriptions of the boundaries as surveyM ." SS M-244 :SSE-6 CFW/DOE #4505 ANA Proj. #030570 Page2 of2 EXHIBIT "A" Real Property Description Ofa Variable Width Temporary Construction Easement Out of Sarah G. Jennings Survey Abstract Number 843 Being a parcel of land out of Sarah G. Jennings Survey, Abstract Number 843 as conveyed to Tarrant County, Texas by deed recorded in Volume 1339, Page 200, Deed Records , Tarrant County, Te xas , for the purpose of constructing a sanitary sewer system and its appurtenances and being more particularly described as follows: Beginning at a point in the East line of said Tarrant County tract and the West line of Tract 2F and 3481, out of said Ramey Survey as conveyed to Donald E . Williams and wife by deed recorded in Volume 2045 , Page 360 , Deed Records , Tarrant County, Texas , and from which a 1 inch iron rod found for the Northwest corner of said Donald E. Williams and wife tract and the Northeast corner of said Tarrant County tract bears North 00 degrees, 04 minutes , 32 seconds Eas t , 55 .58 fee t; Thence: with the West line of said Donald E . Williams and wife tract and the East line of said Tarrant County tract , South 00 degrees , 04 minutes , 32 seconds West , 20 .02 feet from which a Y," iron rod found for the Southeast corner of a 3,311 square foot parcel of land , more or less out of the J.A. Creary Survey, Abstract Number 269 as conveyed to the Texas Electric Service Company by deed recorded in Volume 4440 , Page 277 , Deed Records , Tarrant Co unty , Te xas bears South 00 degrees , 04 minutes , 32 seconds West, 10 .29 feet ; Thence : South 87 degrees , 37 m inutes , 40 second West, 89 .63 feet ; Thence : South 58 degrees , 26 minutes , 04 seconds West, 2 .55 feet to the North line of said Texas Electric Service Tract; SS M -2 44B : TCE-6 (Revised) CFW/DOE #5405 ANA Proj . # 030570 Page I of2 Thence : with the North line of said Texas Electric Service Tract and the South line of said Tarrant County tract , North 89 degrees , 28 minutes, 14 seconds West, 39 .14 feet; Thence : North 73 degrees , 51 minutes, 11 seconds East , 80 .90 feet ; Thence: North 87 degrees , 37 minutes , 40 seconds East, 53 .24 feet to the place of beginning and containing 1,882 square feet of land , more or less . Upon construction of the sanitary sewer line w ithin the adjacent variable width permanent sanitary sewer easement and its acceptance by the City of Fort Worth , the herein described temporary construction easement shall become null and void . Note: Surveye d on the ground July, 2006 Note : Beari ng Basis -based on true North derived from GPS observ ations re lative to NAD 83, Texas North Central Zone . Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663.19(9), this "report " consi sts of the Real Property Descri ption included herein, and Map of Survey attac hed herewith. Note: In accordance with the Texas Board of Profess ional Land Surveying, General Rules of Procedures and Practices, 663 .19(7), 'The cited instruments are not necessaril y the current owners of the subject p rop erty, but are the documents c ontaining the descri ptions of the boundaries as surveyed ." SS M-244B : TCE-6 (Revised) CFW/DOE #5405 ANA Proj . # 030 570 Page2 of2 Si? l' + \\\ -~ z . \ 100' \ \ \ ' 6101 W ?lone.,.-Pkwy, .Ar-1 inst.on\ 303 Joint v.,.,t.,.re ' Arl in~~"~6004 \ \ \ TRACT 1 -Rl ' '8.\ \ ~\' LAKE ARL I l>GTO'< 11\D..JSTR l AL P..oRK VCL.u.€ 388-211 , P. 41 P.R.T.C.T. \o· :.~ \"p'&.~, ,}t'&\ \~:-.~ I, :1 I , '~, \ "' \ \ I' / I Notes, \ \ / : Surveyed on the oround JULY, 2006 1 I Bosls of Beorlnos • BeorlnQs ore based on true nortti de'\lveb ~~~,.~~S 2 ~~:ervat Ions re lot Ive .t o NAO 83. Te xas No'\th 1 / In accordance wi th the Tex as Boord of Professlono l l and\/ :~;~~~/ ;?: ~~7:r? ~e~~: ~~ ~~n:~~~=d~;e t~:d R=~~c~~~~=~\y , f Descr i pt i on Included herein, and o Mop of Survey ot t ache" 7~r:~~~donce with the Te xos Boord of Profess i onal Lo~d I 1 Survey I nQ , Genera I Ru I es o f Procedur es end Proct r ces, , J \ ~:;~!~~ 7~~n~~:e 0 ~ I;~: ~8~;:~~;~P~~~Y~o~u~e~=s~~! '?-~,-1 docunen ts contolnlnQ the descr i ptions of the boundor11e~,r· .surveyed. ' I I L Ir-€ 8EARIN:3 L-1 so• 4' 32' w L-2 S87° 37' 40 ' W L-3 sss• 2s· 04' w L -4 N89• 28' 14 ' W L-5 N73°51" 11 ' E L-6 N87• 3 7" <o· E TESCO t TRACT Al V0...,4440, P .2n 0. R. T.C. T. DISTMCE 20.02· 89. 63" 2. ss· 39. 14 ' ao. 90· 53. 2,· 5917 W p;__.. Pkwy, N"I in11't,,a"\ WO 11 i -Donald ~ 1,4,-• I I I I I , : : : \ I I \ T AffUWT ca..NTY TEXAS TRANSPCl'lTAT 10',I DEPT. 100 E. V€An€RFORO ST. FCRT WCRTH, TX 76 l 69 VCI..l.Mc 1 339. R3. 200 ""')' 20' T~ CO'<STR.X:T 10,, SAN I T =< SE11£R EASaENT TCE-6 1. 882 SQ. FT. •/- ~~~i6~7 ~~k_T~~'. Pt• 360 I VAR~::t~~.E~ T. ,ij~f1~'1 l1'i~~~~~~~~~~~~ <REV. ~~8. ;:I 1: ~ ~11 I ~} 111 ,1 o!> I\ . •i II ii ~g I I I ~--4 1111 1 t.u ~-II I I I I EXHIBIT B 11 I I\\ SHOWlf\.G A VARIABLE WIDTH TEMPORARY CONS TRUCTI ON SANITARY SEWc:R EASE1v£NT b1 SITUATED IN S.G. JEN\llf\.GS SURVEY 1-t..1 ABSTRACT NO. 843 TARRANT COLNTY , TEXA S 09-05-07 after rea I i grment ) TEMPORARY COSTRUCT 1 ON SANI T.A.RY SEWER TCE-6 OD E NO. 5405 S. G. JENN I NGS SURVEY ABSTRACT NO. 843 FORT WOR TH, TEXAS m.. CONSULTANTS, L.L.C. Eniineerin1, Pl..nnini. and Sunerin1 SHT. N). l CF 1 APPROVED BY, SKW 1101 RIVER RLN !SUITE ,10 trORJ IOIITH. Tl 1'10? /!81Tll}s-!90IY HX•ISITll35-'J~S ANA PRO...EC • 030570 Bowen West Tap D-1915 2007-0242 cs EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS That ONCOR ELECTRIC DELIVERY COMPANY, a Texas corporation , hereinafter referred to as Grantor, for and in considerati on of TEN AND N0/100 DOLLARS ($10 .00), and other good and valuable consideration to it in hand paid by the CITY OF FORT WORTH , a municipality of Tarrant County, Texas, receipt of wh ich is hereby acknowledged, do grant, barga in and convey unto said City, its successors and assigns, hereinafter referred to as Grantee, an exclusive easement and right of way for the purpose of constructing , ma intaining and operating a sanitary sewer and junction box facility as proposed and shown on the attached Exhibit "A " (which are made parts hereof), hereinafter referred to as Grantee's Facility, in , over, under, across and along the following described property: SEE ATIACHED EXHIBIT "A " (which is made part hereof) There is also granted to Grantee , its successors or assigns , an exclusive easement to use Grantor's adjoining land as shown and described on Exhibit "B" , which is made part hereof, during temporary periods, as may be necessary for the construction , maintenance , and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Use of draglines or other boom-type equipment in connection wi t h any work to be performed on Grantor's property by the Grantee , its employees , agents , representatives or contractors must comply with Chapter 752 , Texas Health and Safety Code , the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Grantor's powerlines situated on t he aforesaid property. Grantee must notify Fort Worth Transmission, 817-496-2736 , 48 hours prior to the proposed construction of the sanitary sewer lines and junction box on Grantor's property. Grantee must notify Fort Worth Transmission, 817-496-2736 , 48 hours prior to the use of any boom-type equipment on Grantor's property except in an emergency. Granter reserves the right to ref use Grantee permission to use boom-type equ ipment. Grantee shall locate its Facility within the easement on the centerline of the easement described in Exhibit "A", or if not on the centerline, then along and upon the specific route or location within the easement as shown on Exhibit "A" so as not to interfere with any of Grantor's facilities and in order for Granter to have notice of the specific location of the facility within the easement and right-of-way . Grantee shall not place its facility within 25 feet of any pole, tower leg or guying structure . Grantee agrees that in the event that Granter determines that Grantee's Facility interferes with Grantor's facilities, Grantee will relocate Grantee's Facility at Grantee's expense . Grantee will be entitled to relocate Grantee's Facility on the easement granted hereunder if reasonably possible without further interference with Grantor's facilities. If Grantee's Facility cannot be relocated on Grantor's property, then, if reasonably possible, Grantor agrees to grant Grantee an easement near the easement granted hereunder so that Grantee's facility can continue to operate as originally intended . This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Granter shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility . Grantor shall not be liable to Grantee for any damage to said easement or Grantee's Facility or other contents thereof, except when caused by the willful misconduct of Granter, its agents. servants or employees. Granter and Grantee each agree that if any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them in proportion to their negligence . It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties but that this agreement shall be solely for the benefit of the parties hereto . Grantee shall, at its own cost and expense comply with all applicable laws , including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use . TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns , for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Granter herein, its successors and assigns , and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition . AND Grantor does hereby bind itself, its successors and assigns , to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Granter but not otherwise . EXECUTED as of this ___ day of _____________ ,, 2007 . GRANTOR : ONCOR ELECTRIC DELIVERY COMPANY By : GRANTEE: Thomas F. Newsom Attorney-in-Fact CITY OF FORT WORTH By: __________ _ Name: ___________ _ Title : ___________ _ 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/she executed the same as the act and deed of the CITY OF FORT WORTH , as the ____________ thereof, and for the purposes and consideration therein expressed and in the capacity therein stated , and that he/she was authorized to do so . GIVEN UNDER MY HAND AND SEAL OF OFFICE this ______ day of --------------• AD. 2007. Notary Public i n and for the State of Texas STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME , the undersigned authority , on this day personally appeared Thomas F. Newsom, 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 ONCOR ELECTRIC DELIVERY COMPANY, as Attorney-In-Fact thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ______ day of ----------------' A.O . 2007. Notary Public in and for the State of Texas EXHIBIT"A" Real Property Description Ofa Variable Width Permanent Sanitary Sewer Easement out of the J.A. Creary Survey, Abstract Number 269 Being a parcel of land out of that certain tract of land out of the J.A. Creary Survey, Abstract Number 269 as conveyed to the Texas Electric Service Company tract (hereinafter the TESCO tract) by deed recorded in Volume 4440 , Page 277, Deed Records , Tarrant County, Texas for the purpose of constructing , operating and maintaining a sanitary sewer system and it's appurtenances and being more particularly described as follows : Commencing at a 1" iron rod found for the Northeast corner of a tract of land as conveyed to Tarrant County Transportation Department by deed recorded in Volume 1339, Page 200 , said Deed Records, the Northwest corner of a tract of land as conveyed to Donald E. Williams and wife, by deed recorded in Volume 2045 , Page 360 , said Deed Records , and being in the South line of the Union Pacific Railroad Company right-of-way; Thence: with the East line of said Tarrant County tract and the West line of said Williams tract , South 00 degrees, 04 minutes , 31 seconds West, at 81.49 feet pass the Southeast corner of said Tarrant County tract and the Northeast corner of said TESCO tract, in all 85 .89 feet to a Y:z" iron rod found for the Southeast corner of said TESCO tract and the Northe9st corner of Tract 1 R-1 , Lake Arlington Industrial Park, an addition to the City of Arlington as recorded in Volume 388-211, Page 41, Plat Records , Tarrant County, Texas ; Thence: wi th the South line of said TESCO tract and the North line of said Tract 1 R-1, South 89 degrees, 31 minutes , 58 seconds West, 146.19 feet to the place of beginning of the herein described parcel of land; Thence: continuing with the South line of said TESCO tract and the North line of said Tract 1 R-1 , South 89 degrees, 31 minutes, 58 second West, 120.87 feet ; Thence : continuing with the South line of said TESCO tract and the North line of said Tract 1 R-1 , North 84 degrees , 12 minutes , 43 seconds West, 46 .44 feet ; Thence: departing the South line of said TESCO tract and the North line of said Tract 1 R-1 , North 03 degrees , 28 minutes , 40 seconds East , 4 .80 feet to the North line of said TESCO tract and the South line of said Tarrant County tract ; Thence: with the North line of said TESCO tract and the South line of said Tarrant County tract , South 89 degrees, 28 minutes, 14 seconds East , 182.11 feet; Thence : departing the North line of said TESCO tract and the South line of said Tarrant County tract, South 73 degrees, 51 minutes , 11 seconds West, 16.42 feet; Thence: South 11 degrees, 13 minutes , 06 seconds East , 2.28 feet to the place of beginning and containing 1,320 square feet of land, more or less . SS M-244:SSE-6 (Revised) CFW/DOE#4505 ANA Proj. #030570 Page I of2 Note: Surveyed on the ground July 2006 Note: Bearing Basis -based on true North derived from GPS Observations relative to NAO '83 , Texas North Central Zone Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practi ces, 663.19(9), this "report" consists of the Real Property Description included herein, and Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(7), 'The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed ." SS M -244:SSE-6 CFW/DOE #4505 ANA Proj. #030570 Page2 of2 1" I I I +\ ~ z I I (') I:; 100' " \ \ ~ Q \ \ 0,"' \ \ ;,·i I I '.:: ~ 6101 W ~~~~n~~~!ingt.on \ \ ~ ~ Ar 1 ; ~!'." rr\·,004 \ \ ~ I ..., TRACT 1 -Rl I I ti LAKE ARL I /\GTON \ '&_\ INJUSTRIAL PARK I ~\ I "-,'z.l I VO....iJ,,£388-211, P.41 io'?-:..., 1' P.R. T.C. T. \·;ii7J.I ,:1 't· 'f!.,\ \~:'-~\ I I I ~I'll / I I '£1 / I .:.1 I I . I / I I / Notes• I I I Sur-veyed on the or-ound JUL Y, 2006 I I I Basis of Beor-lnos• Beor-/nos or-e based on tr-ue nor-t\i de~lveb fr-om GPS obser-votions. r-elot l ve to NAO 83, Te xas No~th I I Centr-o I Zone I I / In occor-donce with the Te x as Boor-d of Pr-ofesslonol \and\ / Sur-vey I n9, Gener-a I Ru I es of Pr-ocedur-e and Pr-act Ices, I / 663. 19< 91, this 'r-epor-t' consists of the Real Pr-oper-\ty I/ Descr-lpt l on Included her-ein, and a Mop of Sur-vey ott~checty her-ew l th. I 11 In occor-donce wi th the Te xas Boor-d of Pr-ofess /onol Lo~d 1 \ Sur-veyln9, Gener-al Rules of Pr-ocedur-es and Pr-act Ices, I 1 \ 663. 19< 7), • The c I tad I nstr-uments or-e not necesso..-i I y th \ cur-r-ent owner-s of the subject pr-oper-ty, but or-ether docunents contolnln9 the descr-lpt i ons of the boundon l e TARRANT CQNTY TEXAS TRANSPORT AT I ON DEPT. 100 E. YEATl-£RFORD ST. Fa=lT WORTH, TX 76169 VO....IJ,,E 1339, PG .200 L-3 D.R. T.C. T. surveyed.• I vARIABLE WIDTH SANITARY SE\',€R EASENENT SSE -7 L it£ L-1 L-2 L·3 L-4 L-5 L-6 t rl!zff Al I VCI.... 4440, P. 277 I 1,320 SQ. FT . •I - D.R. T.C. T. E Rosedale St, Fort Worth Tx u Electric Delivery Co State I!, Local Tax Dept PO Bo x 219071 Da I I as Tx 75221 BEARI/\G DISTAf\CE 589•31 " 58' W 120. B7 " N84• 12' 43' W 46. 44' N03° 28 ' 40' E 4. 80' S89° 28 ' I 4' E 182 . II' S 7 3° 5 1 ' II' W 16. 42 ' Sll 0 13 ' 06' E 2. 28 ' < U"\ion Pac i f ic: Rai Ii-cad Co. Att Ta x Dept. l 400 Doug I as St Stop l 640 Onaha I'£ 681 79 P . 0 . C. F~ I I 'I \='"~ I I 'I :u.;; 4111 VCI.... 4430, P , 2 15 VAR I ABLE TESCO ESM' T. --i--t-----__Q.O. R. T. C. T. ;-<9' I I f"l-ofTI I Ii I :-<:...2 ''I" ~~ ::11': I I I I I I EXHIBIT A SHOWII\IG A VAR IABLE WIDTH SANITARY SEVvER EASEfvENT SITUATED IN J. A. CREARY SURVEY ABSTRACT NO. 269 TARRANT COUNT Y, TEXAS SAN ITAR Y SEWER SS E-7 DOE NO. 5 40 5 J , A. CRE ARY SURVEY ABS TR ACT NO. 26 9 ARLIN GTON, TEXA S after r-ea I i grment 09-06-07 REV.DGN APPROVED BY• SKW ... \Revlsed'MOS SS E-7 Rev.dgn 9/27/200710:10:49 AM ~En££~iE~! 1~!~!, L.L.C . 1101 RIVER RUN /SUITE 610 /FORT WORTH, TX. 16101 11 81llJJl-9lOOI flX •181llJJl-9l55 SHT. 1'0. 1 (F 1 PNA PROJEC • 030570 EXHIBIT"A" Real Property Description Ofa Variable Width Permanent Temporary Construction Easement out of the J.A. Creary Survey, Abstract Number 269 Being a pa rce l of land out of that certain tract of land out of the J.A. Creary Survey, Abstract Number 269 as conveyed to the Texas Electric Service Company tract (hereinafter the TESCO tract) by deed recorded in Volume 4440 , Page 277 , Deed Records , Tarrant County, Te xas for the purpose of constructing, operating and maintaining a sanitary sewer system and it's appurtenances and being more particularly described as follows : Commencing at a 1" iron rod found for the Northeast corner of a tract of land as conveyed to Tarrant County Transportation Department by deed recorded in Volume 1339, Page 200 , said Deed Records , the Northwest corner of a tract of land as conveyed to Donald E. Williams and wife , by deed recorded in Volume 2045 , Page 360 , said Deed Re cords , and be ing in th e South line of the Unio n Pacific Railroad Company right-of-way; Thence: with the East line of said Tarrant County tract and the West line of sa id Williams tract , South 00 degrees , 04 m inutes , 31 seconds West, at 81.49 feet pass the Southeast corner of said Tarrant County tract and the Northeast corner of said TESCO tract, in all 85 .89 feet to a Y." iron rod found for the Southeast corner of said TESCO tract and the Northeast corner of Tract 1 R-1 , Lake Arlington Industrial Park, an addition to the City of Arlington as re cord ed in Volume 388-211 , Page 4 1, Plat Records , Tarrant County, Texas; Thence : with the South line of sa id TESCO tract and the North line of said T ract 1 R-1 , South 89 degrees , 31 minutes , 58 seconds West , 101.61 feet to the place of beginning of the herein described parcel of land ; Thence: continu ing with the South line of said TESCO tract and the North line of sa id Tract 1 R-1 , Sout h 89 degrees , 31 minutes , 58 second West, 44 .58 feet; Thence : departing the South line of said TESCO tract and the North line of said Tract 1 R-1, North 11 degrees , 13 minutes , 06 seconds West, 2.28 feet ; Thence: North 73 degrees, 51 minutes , 11 seconds East, 16.42 feet to the North li ne of said TESCO tract and the South line of said Tarrant County tract ; Thence: with the North line of said TESCO tract and the South line of said Tarrant County tract, South 89 degrees , 28 minutes , 14 seconds East, 39 .14 feet ; Thence: departing the North line of said TESCO tract and the South line of said Tarrant County tract , South 58 degrees, 26 minutes, 04 seconds West, 11 .61 feet to the place of beginning and containing 288 square feet of land, more or less. SS M-244: TCE-7 (Revised) CFW/DOE #4505 ANA Proj. #030570 Page 1 of2 Upon construction of the sanitary sewer line within the adjacent permanent variable width sanitary sewer easement and its acceptance by the City of Fort Worth , the herein described temporary construction easement shall become null and void . Note: Surveyed on the ground July 2006 Note : Bearing Basis-based on true North derived from GPS Observati ons relative to NAD '83 , Texas North Central Zone Note: In accordance with the Texas Board of Professional land Suiveying, General Rul es of Procedure and Practices, 663.19(9), this "report" consists of the Real Property Description included herein, and Map of SUJV ey attached herewith . Note: In accordance with the Texas Board of Professional land Suiveying, General Rules of Procedures and Practices, 663 .19(7), 'The cited instruments are not nec essarily the current owners of the subject property, but are the documents containing th e descripti ons of the boundaries as surveyed ." SS M-244: TCE-7 CFW/DOE #4505 ANA Proj. #030570 Page 2 of2 Si? l ' 100' I I I I I I I I I I TRACT \ \ "I; \ \ ~ ..... I -< C I \ 01" \ \ ;,, ~ 6101 W ~~~~~~~ingt.on \ \ i ~ Ar I in~!:x T~ 3 76004 \ \ c3 t '1 TRACT 1-Rl I I ~,! LAKE AR.. I /\GTON \ ~\ INJUSTR/AL PARK I 'ti 1 I "-,'2:1 r va...Lt.£ 388-211. P.4 ii:.., ,' P.R. T. C. T. l·lli\1 ,ii \=-'· ~\ \~:".~\ / I I t<'ll / I I ~'£ I l, I I . I I I I I Notes• I I I Surveyed on the ,;iround JULY, 2006 I I I Basis of Beorln,;is• Beorln,;is ore based on true norfh de~/ve~ from GPS oDservotlons relative to NAO 83, Texas No~th I I Centro I Zone I I / In accordance with the Texas Boord of Professional londl / Survey I n,;i, Genera I Ru I es of Procedure and Proct I ces,I I / 663. /9( 9>, this 'report' consists of the Real Properlty I/ Description i ncluded herein, and o Mop of Survey ott~checfi herewith. I 11 In accordance with the Texas Boord of Professional Lo~d 1 1 Lhion Pacific Rai lr-oad Co. Att Tax Dept 1400 Oo...,glas St Stop 1640 Onar,,, t,€ 681 79 TARRANT CQJ\ITY TEXAS TRANSPO'lTAT I ON DEPT . 100 E. \\£ATI-ERFORO ST. FORT WORTH, TX 76169 Survey I nc;i, Genera I Ru I es of Procedures and Proct Ices, I 1 \ 663.19(7), 'The cited Instruments ore not necessorlly \h' \ current owners of the subject property, but ore the r -i---,. documents contolnln,;i the descriptions of the boundonleslps \ va...u.E 1339, PG.200 D.R. T.C. T. surveyed. ' TESCO I I \ ( TRACT Al I I I I I LIN:: L-1 L-2 L-3 L-4 L-5 VQ. 4440, P. 277 I I D.R. T. C. T. E Rosedale St, Fort Worth Txu Electric Delivery Co State S. Local Tax Dept PO Box 219071 Da I I as Tx 75221 8EARI/\G DISTAI\CE S89•31 ' 58'W 44.58' Nll•l3'06'W 2 .28' N73° 51 ' I I' E 16. 42' 589° 28' 14' E 39. 14' 558° 26' 04· w I I. 61 ' P.O. VARIABLE WIDTH TEM"ORARY CCNSTRL.CTION SANITARY SEv.ER EASEM::NT TCE-7 288 SQ. FT. •/ - Sl-lOWING A VARIABLE WIDTH TEMPORARY CONSTRUCTION SANITARY SEWER EASEMENT SITUATED IN J. A. CREARY SURVEY TEMPORARY CONSTRUCTION SANITARY SEWER TCE-7 DOE ND. 5405 ABSTRACT NO. 269 TARRANT COUNTY, TEXAS after real igrment) J; A, CREARY SURVEY AB STRACT NO. 269 ARLINGTON, TE XAS 09-06-07 APPROVED BY• SKW ... \Revised\MOS TCE-7 Rev.dgn 9'2.7'2007 10:24:03 AM ~Ens~~~~~!!~!~~' L .L.C. JIOI RIVER RUH /SUITE 610 /FORT IORTH. TX.16101 /18171335·9900/ flX<181Tlll5-9955 SHT. 1\1'.J. l CF I ANAPRO.£CT • 030570 55 M-244B Parcel# 08 Doe #4505 6101 W. Pioneer Parkway, Arlington, TX Tract 1R-1, Lake Arlington Industrial Park STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS DATE : GRANTOR: CITY OF FORT WORTH PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT September 27, 2007 303 Joint Venture GRANTOR'S MAILING ADDRESS (inclu ding County): P.O . Box 993 Arlington, Tarrant County, TX 76004 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a portion of Tract 1 R-1 , Lake Arlington Industrial Pa rk , an addition to the City of Arlington as recorded in Volume 388-211 , Page 41, Plat Records , Tarrant County , Texas , and being more particularly described in Exhibits 'A' and 'B', attached . Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants , sells, and conveys to Grantee , its successors and assigns, an exclusive , perpetual easement for the construction, operation, maintenance , replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including , but not limited to manholes, manhole vents , lateral line connections , pipelines, junction boxes in , upon, under and acro ss a portion of the property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 7/2006 together with the right and privilege at any and all times to enter property, or any part thereof, for the purpose of constructing , operating, maintaining, replacing, upgrading , and repairing said Facility; and a temporary construction easement, As described in Exhibit "B", attached hereto and made a part hereof, to use in connection with the construction of said Facility, said temporary construction easement to expire upon completion of construction and acceptance by Grantee of said Facility. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building , including , but not lim ited to , monument sign, pole sign, billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the property at Grantee's sole cost and expense , including the restoration of any sidewalks , driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed , relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described permanent easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee 's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns , against every person whomsoever lawfully claiming or to claim the same , or any part thereof. TO HAVE AND TO HOLD the above described temporary construction easement, together with , all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee 's successors and assigns until the completion of construction and acceptance by Grantee . Grantor hereby bind themselves , their heirs , successo rs , and ass igns , to warrant and defend , all and singular, said easement unto Grantee , its successors and assigns , against every person whomsoever lawfully claiming or to cla im the same , or any part thereof. When the context requires , singular nouns and pronouns include th e plura l. GRANTOR: GRANTEE : City of Fo rt Wo rt h Ma rc A Ott, Ass istan t City Manager APPROVED AS TO FORM AND LEGALITY Ass istan t City Attorn ey P ERMANENT SEWE R FAC ILITY EASEME NT AND TEMP ORARY CONSTRUCTION EASE MENT Rev. 7/2006 ACKNOWLEDGEMENT ST ATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___ day of Notary Public in and for the State of Texas ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned au thority, on this day personally appeared Marc A. Ott, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of Notary Public in and for the State of Te xas PERMANENT SEWER FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 7/2006 EXHIBIT "A" Real Property Description Ofa Sanitary Sewer Easement Out of Lot 1R1 Lake Arlington Industrial Park Addition Being a parcel of land out of Lot 1 R-1, Lake Arlington Industrial Park Addition, an addition to the City of Arlington as recorded in Volume 388-211, Page 41 , Plat Records, Tarrant County, Texas, as conveyed to 303 Joint Venture by deed recorded in Volume 7365 , Page 1985, Deed Records , Tarrant County, Texas for the purpose of constructing a sanitary sewer system and its appurtenances and being more particularly described as follows : Commencing at a 1" iron rod found for the Northeast corner of a acre tract of land out the Sarah G. Jennings Survey, Abstract Number 843 as conveyed to the Tarrant County Transportation Department by deed recorded in Volume 1339, Page 200 said Deed Records, and the Northwest corner of a acre tract of land out of the M.T. Johnson Survey, Abstract 863 as conveyed to Mrs . Donald E Williams by deed recorded in Volume 2045 , Page 360, said Deed Records and being in the South line of the Union Pacific Railroad Company right-of-way ; Thence: South 00 South 00 degrees, 04 minutes, 31 seconds West, 85.89 feet pass a Y," iron rod found for the Southeast corner of said Tarrant County tract , the Northeast corner of said Tract 1 R-1 , and the Northeast corner of a 30-foot Utility Easement as conveyed to the City of Fort Worth by deed recorded in Volume 7246, Page 750, said Deed Records, and being in the West line of said Williams tract, in all 115.89 feet to the Southeast corner of said 30-foot utility easement ; Thence: with the South line of sa id 30-foot utility easement, South 89 degrees, 31 minutes , 58 seconds West, 209.00 feet to the Place of Beginning of the, herein described parcel ; Thence: South 00 degrees , 21 minutes, 09 seconds East, 7.22 feet; Thence: South 89 degrees, 38 minutes , 51 seconds West, 106.82 feet to the Southeasterly line of a 30-foot sanitary sewer easement as conveyed to said City of Fort Worth by deed recorded in Volume 3884 , Page 641 , said deed records ; Thence: with said Southeasterly line, North 75 degrees, 55 minutes , 27 seconds East, 35 .71 feet ; Thence : w ith the South line of said 30-foot utility easement, South 84 degrees , 12 minutes, 43 seconds East, 12 .79 feet ; Thence: continuing with the South line of said 30-foot uti lity easement, North 89 degrees, 31 minutes , 58 seconds East , 59.41 feet to the place of beginning and containing 672 square feet of land , m ore or less . SS M-244B: SSE-8 (Revised) CFW/DOE #5405 ANA Proj . # 030570 Page I of 2 Note : Survey on the ground July , 2006 Note : Bearings are based on true north derived from GPS observations relative to North American Datum, 1983 (NAO '83), Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices , 663.19(9), this ·report" cons ists of the Real Property Description induded herein , and Map of Survey attached herewith . Note: In accordance with the Texas Board of Professional Land Surveying , General Rules of Procedures and Practices , 663.19(7), "The cited instruments are not necessarily the current owners of the subject property, but are the documents containing the descriptions of the boundaries as surveyed ." SS M-2448: SSE-8 (Revised) CFW/DOE #5405 ANA Proj. # 030570 Page 2 of 2 1 • 100' 6101 I I I I I I I I I I I I I I I I I I I I I W Pioneer-Pkwy. Ar I ingt.on \ \ 303~i~ vggye \ \ erci..in'~ ~ 7~ \ \ D.R. T.C. T. \ I I I I I '61 I ·\ TRACT 1-Rl TRACT LAKE ARLIN3TO'I ll'OJSTRIAL PARK VCLU£ 388-211. P. 41 P.R. T.C. T. I <!!.1 I ?';I '~'lbi, 'I 1 ... i I I 1n" './E1 I otes1 ,·--':On~\ I 1 Surveyed on the Qround JULY, 2006 1 '!:,"'1 I 1 Basis of BearinQs• BearinQs are based an true n"f_th~erlved I from GPS observations relative ta NAO 83, Te x as ~artll\ / Centro I Zane • \ / In accordance with _the Te x as Board of Professlona1/ La'1d I Survey I nQ, Genera I Ru I es of Procedure and Pr act I c1s, I I 663, 191 9 ), this' report' consists of the Real Propfrty\ I Description included herein, and a Map of Survey a\tac'lad 1 herew I th. \ I In accordance with the Texas Board of Professional land 1 1 SurveyinQ, General Rules of Procedures and PractlceJ, 1 1 663. 19< 71, 'The cited I nstrunents are not necessar I I~ th'\ 1 current owners of the subject property, but are the 1 docunents cont a In i rn;i the descr i pt Ions of the boundar r'es as; surveyed. • \ 11 LII\E L-1 L-2 L-3 L-4 L-5 VARIABLE WIDTH SANITARY I I I SEVv£R EASE1,£NT SSE -8 I I I 672 SQ. FT. •I -I_~ I I L4 8EARIN3 soo· 2 1 • 09· E S89° 38 ' 5 I' W N75' 55' 27' E S84° 12 ' 43' E N89° 3 I' 58' E DISTANCE 7. 22' 106. 8 2' 35. 71' 12. 79 ' 59. 41 ' en ;::; o. N c,, "' 30' UTILITY ESM'T, Z va.... 7246. P. 750 D.R. T. C. T J. A. cs:£J>RV 5LRVEY A-269 I.I. T. .JO-N5C1'I 5LRVEY A-863 5917 w Pioneer-Pkwy. Art inet.on Wi 11 ians. Ocn.sld E t.t-s ~~}6~7 TESCO I TRACT A> VCL . 4440, P. 277 D.R. T.C. T. SARAH G. ..EN'< 11\GS 5LRVEY A-843 r • 1 RF-~--RAl.8' Sl...Rl,£Y -A-134 1 Vol . 2(')45. Pg. 360 D.R. T.C. T. VO... 4430, P. 215 1111:' lifi-T-+---:_V/lFl.=l~ASLE~ TESCO ESM' T. 11, 11 D.R. T.C. T. ~r~ !H ;~~ <n : '\"' ''I'' ·-~ 11 1 I EXHIBIT~~ \\I I\ SHOWII\G A VARIABL E WIDTH SANITARY SEVER EASEMENT SITUATED IN TRACT 1-Rl LAKE ARLII\GTON 11\0USTRIAL PARK TARRANT COUNTY, TEXAS !REV. 09-05-07 after real igrment ORA\\N BY• ED SANITARY SEWER SSE-8 ODE NO. 54D5 6101 W PIONEER PKWY, ARLINGTON, TEXAS LAKE ARLINGTON INDUSTRIAL PARK TRACT I-RI DATE• 09-06-07 DGN. NJ.• MOS SSE-8 REV. DGN APPROVED BY• SKW m. CONSULT ANTS, L.L.C. Engineering, Planning, And Sur-.e:ring SHT. NJ. l CF l 1101 RIVER RUN /SUITE &10 /FOR! IORIH. IX.1610111811>335·9900/ f.lld811>335·9955 .. \Revised\MOS SSE-8 Rev.dgn 9127/2007 10:1.:16 AM ~ PROJEC • 030570 EXHIBIT"A" Real Property Description Ofa Temporary Construction Easement Out of Lot 1R1 Lake Arlington Industrial Park Addition Being a parcel of land out of Lot 1 R 1, Lake Arlington Industrial Park Addition , an addition to the City of Arlington as recorded in Volume 388-211 , Page 41 , Plat Records , Tarrant County, Texas for the purpose of constructing a sanitary sewer system and its appurtenances and being more particularly described as follows : Beginning at a point in the South line of a 30 foot utility easement as conveyed to the City of Fort Worth , Texas by deed recorded in Volume 7246, Page 750 , Deed Records , Tarrant County, Texas and from which a Y:," iron rod found for the Northeast corner of said Lot 1 R1 and the Southeast corner of Tract A, as conveyed to the Texas Electric Service Company by deed re corded in Volume 4440, Page 277 , said deed records bears South 63 degrees, 07 minutes , 39 seconds West, 16.62 feet, South 58 degrees , 26 minutes , 04 seconds West, 43 .77 feet and South 89 degrees , 31 minutes , 58 seconds West, 101 .61 feet and from which a 1" iron rod found for the Northeast corner of a tract of land out of the Sarah G . Jennings Survey, Abstract Number 843 as conveyed to the Tarrant County Transportation Department by deed recorded in Volume 1339, Page 200 , said deed records bears North 00 degrees , 04 minutes , 3 1 seconds East, 85.89 feet ; Thence : South 63 degrees , 07 minutes , 39 seconds West, 61 .24 feet; Thence: South 89 degrees, 38 minutes , 51 seconds West, 108.68 feet ; Thence : North 03 degrees , 28 minutes , 40 seconds East, 20 .05 feet to the Southeasterly line of a 30-foot sanitary sewer easement as conveyed to said City of Fort Worth by deed recorded in Volume 3884, Page 641 , said deed records ; Thence : North 89 degrees , 38 m inu tes , 5 1 seconds Eas t, 106 .82 feet ; SS M -244B : TCE-8 (Revised) CFW/OOE #5405 ANA Proj. # 030570 Pagel of2 Thence : North 00 degrees , 21 minutes , 09 seconds West, 7 .22 feet to the South lin e of said 30-foot utility easement; Thence : continuing with the South line of said 30-foot utility easement, North 89 degrees, 31 minutes , 58 seconds East , 55 .31 feet to the place of beginning and containing 2,911 square feet of land, more or less . Upon construction of the sanitary sewer line within the adjacent permanent variable width sanitary sewer easement and its acceptance by the City of Fort Worth, the herein described temporary construction easement shall become null and void . Note: Survey on the ground July, 2006 Note: Bearings are based on true north derived from GPS observations relative to NAO 83, Texas North Central Zone. Note: In accordance wi th the Texas Board of Professional land Surveying, General R ul es of Procedure and Practices, 663.19(9), thi s "report" consists of th e Rcal Property Descriptio n included herein, and Map of Survey attached herewith. Note: In accordance with the Texas Board of Professional land Surveying, General Rules of Procedures and Practices, 663.19(7), 'Toe cited instruments are not necessarily the current owners of the subject property, but are the docum ents containing the desc ripti ons of the boundaries as survey ed ." SS M-2446 : TCE-8 (Revised) CFW/DOE #5405 ANA Proj. # 030570 Page2 of2 l" otes1 I I I I I I I TRACT 4-Rl I 100' I I I I I I I I 6101 W ~~:~~! ington \ PO Box 993 I A.-I ;nf.cn. TX 76004 \ VCL. o.':~\ ~-1985 I TRACT 1-Rl LAKE AR.IN3TON INJJSTRIAL PARK VCU . .M:: 388-211. P. 41 P.R. T.C. T. I I I I I I I I I I \ I I \ I \ ·tt I <l!.I I "",'ZI lo'r:..1 1·p'il,].\ \.}i~, \·(;,, I 1·_.. I I I I ~I'll I 1 Surveyed on the Qround JULY, 2006 Basis of Beor i ngsa Beorln9s ore based from GPS observations relat i ve to NAO Central Zone 83, Texos i.ior1:Jo. I on true north~er I ved I 1 · I I I In occordonce with the Texas Boord of Professlanoj Lo~d I , SurveylnQ, General Rules of Procedure and Pr octlcqs, I I 663. 19191, this 'report' consists of the Real Pro~rty1 1 Description included herein, and a Mop of Sur vey oitocr-v,d 1 herewith. \ \ I In accordance with the Te xas Boord of Professional and 1 1 SurveylnQ, General Rules of Procedures and Practice~, 1 1 663. 191 71, 'The cited Instruments ore not necessor l l r thq I current owners of the subject property, but ore the 1 1 documents contoininQ the descript i ons of the boundorlrs 0~ surveyed.· 1 ti VARIABLE WIDTH TEl,PCRARY I I\ CO'JSTRL.CT I ON SAN I T ARY SE'M:R I I \ EASElvENT TCE-8 L-3, / I 2,911 SQ. FT . •/-,-, '11 I L-4 LIN:: BEAR1N3 DISTMCE L-1 S63° 07" 39' W 61 . 24 ' L-2 ss9° 38' 51 • w 108. 68 ' L-3 N03° 28' 40 ° E 20. 05' L-4 N89° 38' 51' E 106. 82 ' L-5 N00° 2 I ' 09' W 7. 22 ' L-6 N89° 31 ' 58' E 55. 31' < "Tl§--1--1 p ll ;o ~ --im~ !=)~ . ~ ;o -§~£--1 ·w --1 )> --1 0 .--iw I --i l> ~ r> '° . i!i ::l ;--i~ ~'ll~~ ~~~i,l 8 -ll X (J\ (/) --1 )> '° ;--i • (/) TESCO C TRACT Al VO.... 4440. P. 277 D.R T.C. T. J. A. CF£J>R'( Sl.RVEY A-269 IA. T. JO-N5(J'l 51...RVEY A-863 1/2 SARAH G. -El'N I N3S Sl.RVEY A-643 1· IRF-~--RAAEY SI..RVEY-A-134 1 ffiA\',N BY• ED 5917 W P i Cf"'le'ef"" Pk..-y, Ari ingt.cn Wi 11 i arn5, Donald E l,,t-s ~ ~~6~7 VQ. 4430. P. 215 ~~/.: T~f: Pa. 360 11,~l ln--i--t--+---~V=AAl~Aa.E~ TESCO ESM' T. 111 11 D.R. T.C. T. P""'1 ;o f" I I ;i~ ttj: :<'.-.ii: .;~ EXHIBIT j§ \\ \ ~OWIN3 A VARIABLE WIDTH TEtvPORARY COSTRUCTION SANITARY SEl/vER EASE~NT SITUATED IN TRACT 1-Rl LAKE ARLIN3TON 11\0USTRIAL PARK TARRANT COLNTY, TEXAS TEMPORARY COSTRUCTION SANITARY SEWE R TCE-B DOE NO. 5405 6101 W P ION EER PKWY , ARLING TON, TE XAS LAKE ARLINGTON INDUSTRIAL PARK TRACT I-RI DATE• 09-06 -07 m.En~£~~E~: ~~!~:g L.L.C. • N). 1 1 DGN. N:l. • MOS TCE-8 REV. DGN APPROVED BY• SKW ... \Revised\MOS TCE-8 Rev.dgn 9/2712007 10:28 :54 AM 1101 RIV[R RLM /SUITE ilO /FORT WORTH, TX. l610T /C81l)JJ5·990CV fUo!817llll-9955 PRO.JEC • 030570 1\(tTROPLEXBAfffiltt:r::S~~~' ·-'~ , .. · Jirs~Jd1~f~o~J~W\l~li~.n'--··· , fo.·eox'a1 a, : eorsfcii~::n<·1s1s1:-0&1s Augu~t iit~f OQ~ Mr, :(<ent Lunski, P.E. 1'tiltl'Sy~~mS\ Pt<fecl .. er so:W:?7 ;St ~ Suite 11 oo Ft Worth, Texas 76102 ~: City of Ft. WortM nstallation of 48-inch Sewer Line, CQ.Q.ti~~,~~ (69) ~art 2, Sanitary S.t~~:~i~~~;J?jf-~:N&i X-19513 I)l});lE T Limitd\it~{ijiJ.e4t~JW4Q'74136 LOG:,,,MfLE:;p.QSI\SQ:8;,9.(h9.,Statio-n .8.65 f ,6'5'-to:--~68+ 3 5 Mapsco Map # 80 R Tarrant Coun~; Texas :Pear -Mr . Lunski: T~ero.ret ypµt ~Y .1:007;I?lan~f ~r .~arui 0.30~8 0l161~7Q,~J)OJz#'34B5,;J!1f~{W~: ·, ~&:i. . r:;ir~I:~r=. 1. ~olJjl)dicafed tltaf1lle ex.cavation;:'tvioth\wilJ,:t,¢ 6~ll. ,We:as:,_ttm~ you:wi.ff '.~.u~g sho~g. C~~,;should ~e ,~~tbat·f!i~. shoring will -not ~amage (d~t. ~ating damage) our line . ,Should. the c1ty 'dec1de to starr .. step .the excavat ton,,thenwe will need ·to re- address this issue. 2 . ~ lon~ a~ !11-atefiAf.;forJfl e ~we(lli,ie will -be ,tiMriass; concrete, or P¥C pipe, we have no ~nffi(}t WttJl these type ,of'materiajs; 3 . _Upon ,compl¢tiririo f yourproject, a'minn:num cover of'36 .. fuch es mustbe ·maintained · over ow pipeline; · 4. All ~~cava~iqg ~thiJ! J 8-inches of our,pi,peline ·must ,be, hand d'(Jg ; Atepreserttative of DD~T'fExxp nMobtl) m~st :b~ pre~ent;during any ¢Xcav~tionmside/near our -~_me.nt/pipeljne. 'fhisJncludes removal<>f th e ~ld .1se"1er'1ine,;irist all~ie>11 of tlle new se-Wet line as well as ariticipated 'activities atoUrid arid'near our -easement/pipeline. s. A DJ>JET@~(ui~9b~Jcr~r~v~i~1uS,f1ie:¥onsy,tt~:~~J~;e;fJ,ti~itf~;~ij~J1efore any heavy equipment crosses our pipeline or wotks-direotly,oyet:Q.U.r:p1ru,lme. Jefr~ernbet,fhal:~fbte,'mt}'excavatf(Jti'O't;~yjjfui{:~(defilear,o~fc'n~,(j !~f~U,~ ,C.Ontact One Call@ 1-800-~~!.83l :7:i'.For;, · ; , n~·piJ>-:, t,:;~ ,t /j;npeliij~':: ,--. ::2J'4;~~~'1f~tJ.t~J-~\~¥~ ¥g,lg¢t, . 'ti . . · o,.~~29;. .. _ ~ · . 'B~ettJSbafe ~qm!J,~{(Q: ,: · $,;P,i~~~J~y1,i-!(j6-350-3929. Also, as you are aware, Sun~~- reg~ .. ·-¥F~l;:f:; , ~-·· . 'fft:"' ·\·f~-~if~: .. ·.ibJJ~ .:l1~7-- a:ntl'.'her eimrii 1s:,nrlmr.ve ," .:· --.. . .:'....,._x,._ . ..: Appendix B Misc Fort Worth Standards I I .ill Ill -MINIMU~ C INITIAL:--,-,.~--- BACKF!Ll. COVER )..{!NIU U U 6 .--'-',=.;.+,,..:.:..;.;.;....,o,..,c;.;.i. WBEDMENT TYPE . ·c-BACKFlU. SE£ SPEC. E1-2.+ G.C.D. S~D MA TERI AL EI..IBEDI..IENT & . JNITIAL BACKFILL SEE SPEC: E1 -2.3 G.C.D. WATER: SIZES UP TO AND INCLUDING 12,, WNIJJU!.( INITIAL BACKFllL COVt:R: ___.,..-~-~ WATER -5• SE\'i£R -12• STOR)..( DRAIN -12· MINl!.IUI.I C----ri-r-"-'....,,_.~ EMBEDUENT TYPE ·c· BACKFlU. SEE SPEC. E1-2.'4- G.C.D. CRUSHED STONE .OR SAND IJA TERlAL INITIAL BACKFILL SEE SPEC. £1-2.+{b) OR E1-2.3 G.C.D. CRUSHED STONE SEE SPEC. E1 -2.3 G.C.D. -( ( ( < I- L -------------------------------1 [ SAND GRADA 110N e LESS TH AN 10~ P ASSl N.G /200 SIEVt: • P.I. = 10 OR LESS CRUSHED STONE GRADA1lON SIE'li:: SIZE 1· 1/r 3/8. #{ f8 % RETAINED 0-10 4-0-75 55-90 90-100 95-100 MATERIAL SPECIFICATIONS . THE EMBEDMENT AflD BACKFlU. DETAILS PROVIDED 00 1HIS SHEET SHALL REPLACE: APPROPRIATE PROVISIONS OF BOTH THE E1-2.+(b) AND E1-2.3 Of TiiE G.C.D. Af.lD STD. SPEC. ITEM 402 OF THE TPW STNWARD SPEQflCA TlONS FOR STREET & STORM DRNN CONSTRUCTION. ALL OTHER PROVISIONS OF THESE ITEMS SHN.l APPLY. - < 0 ~ .,., C (j C Q I- L C (. - WATER, SEWER & STORM DRAIN ~ EMBEDMENT AND BACKFILL DETAILS . u. ....---------------------;C CITY OF FORT WORTH -CONSTRUCTIO N STAND.ARD u FIGURE A DATE:2-19-02 -----------·-- J: f- >( ·-· . r::w I:::;:, ·. · . -..... ·,. . . ! . , ' • I TYPICAL SECT! ON ~·:o j mens j On llx II Sewer Pipe -12 11 L irnestone to Extend from 6 11 Be I ow Pipe to Spring! ine (Excavate for Bel Is) Cost of Granular Embedment and Crushed Limestone Bedding Included in Price Bid Per Foot of Sewer Pipe STANDARD EMBEDMENT FIGURE 109 E 1 -2 Mat e r i a I E2-2 Construction ' I ~.I 1· 4.o·! 20·1 I TYP ·. ' ..... -' . --<. .. .,. .... 4-• 4 Rebors TYP. use 2500 · • class B ·concrete . 0 PVMT. PVMT. • • I L \ \ \ \ ' • ' ~ ~ 'l ', . ..., ,,,./ .. ' ....... _. __ ..:.-• ·.,,<. ',,, • • I ~ • / • .... . .... ..... - 2 : 27 SUB BASE . CASE 1 CASE 2 SECTION A-A CASE 1: COLLAR SHALL EXTEND TO TOP OF 2:27 CONCRETE. CNO REBAR REO .l CASE 2: COLLAR SHALL EXTEND 3" BELOW BOTTOM OF LOWEST GRADE RING. (REBAR REQ.) CONCRETE COLLAR 3.0" TYP. 4.0' 0 Y~" CHAMFER TYP. j_ DETAIL SANITARY SEWER MANHOLE FIGURE 121 ... NTS E1-20. 21 Mater i al E2-20. 21 Consruc lion ~ r - .I ' I I ~ I 1-·· ' ' I II • a II ~ :s l 'i r: ~ • -:( ~ \.: .• ifl ~- COMPACTED BENTONITE CLAY OR 2:27 CONCRETE 2' ------ CLAY DAM PROFILE SEWER MAIN GROUND COMPACTED BENTONITE CLAY OR 2:27 CONCRETE UNDISTURBED SOIL MINIMUM TRENCH WIDTH -PIPE DIA. CLAY DAM SECTION CLAY DAM CONSTRUCTION H-D-11 CITT Of' f ORT Wo.rn<, TZ:U.I 'NA~ DEPARTMENT h,,.),,::t: Sanitary S•-r Main 1,1...(2 an:l l,t-5-( Drain»:;,. 1'rea R1thablllt.dlon Sar,llary . 8•-r lmprovo-me<1u • Piprllno Part \1111· Pro oc:I No. PS.(~070.t~O.C10180 RRHABILITA TION DZT A.!L8 -CJ.J -JC~, -,.-DCC 7 /"i 7 ... -=z--. 9~2' ---1,11 2.25 11 --- ~ PMS 167 (C opp er)· ,-PMS 288 (Blue) \ I \ / 8' -O" . I \ 311 \ \ \ \ \ \ 3'-1.5 11 / t I t I t I t 311 n--PMS 288 (Blue) I \ I \ . I \ t I \ I \ r' '. 4' -1.5 11 I ,' t I \ \ ., I I I ,'. . \ Yo .u1\ Water . I . I 3" 3.75" ...I. - I -,... Funds In Action ___ --___ __::_ ... ----0 = 2.2511 --- -0 N 4 .5 11 I \ \ \ I ... I I \ I \ I I I \ \_White \ ___ PMS 288 (Blue) PROJECT SIGN Figure 30 3.75 11 N I 0 = 4.5 11 Scale 1 11 = 11 . --""' .J:::,. I 0 = Appendix C Miscellaneous FORM 24 ENVIRONMENTAL RECORD AFF I DAVIT For purposes of this Affidavit: (A) the term "Bidder/Proposer" includes any and all authorized officers, emp loyees , agen ts , or other representatives of Bidder/Proposer working in that capacity on behalf of Bidder/Proposer within the past three (3) years prior to the date of this Affidav it; (B) the term "Env ironmental Laws" includes the (i) Clean Air Act, (ii) Clean Water Act, (iii) any rules , regulations, or ordinances promulgated pursuant to either of the above-mentioned acts by State, Federal, or lo cal regulatory authorities , or (iv) any other State, Federal , or local environmental law, rule, regulation, or ordinance related to the protection of the environment, including but not lim ited to solid waste disposal, hazardous waste disposal , illegal discharges of pollutants, and other similar environmental laws , rules, regula tions , and ordi nances. I, , the duly authorized representative of (hereinafter called the "Bidder/Propos er"), hereby swears (or affirms) on behalf of Bidder/Proposer the following: (1) That Bidder/Proposer has received and read the Contractor Env ironmental Packet. Bidder/Proposer also understands that the Contractor Environmental Packet is not intended to be all-inclusive , but rather a guideline for environmental responsibility. [Strike the item indicated below that does NOT apply in this Affidavit.] (2) That Bidder/Proposer has not been served with any notices of vio la tion or notices of enforcement or had any c ivil or crim inal fines or penalties imposed by any regulatory authority for a violation of any Environmental Laws within the past three (3) years prior to the date of this Affidavit. (3) That Bidder/Proposer has been served w ith any notices of violation or notices of enforcement or had any civil or criminal fines or penalties imposed by any regu la tory authority for a violation of any Environmental within the past three (3) years prior to the date of th is Affidavit as follows: [I f Item (3) applies, use a separate sheet to list the notices of violation or enforcement, and any adjudications of actual violations, along with copies of any compliance documents issued by the regul atory authority in connection with the notices or actual violations, and attach the separa te sheet to this affidavit.] Subscribed to and sworn before me on th is the_ day of ______ , 20_ [Sea l] Env iron mental Re cord Affid avi t [10-09-0 7 Edit ion ] Notary Pub li c State of Texas My commission expire s ____ _