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Home My WebLink AboutContract 35834CITY SECRETARY '1 0.0.E. FILE ... FORT WORTH ~ ~ CONTRA CTOR '<; RON OING C O CON STRUC i ; !I\J i •• i )P',' CITY SECRETARY Q. PD'O;!) I' CONTRACT NO. __ 0 __ ~_...-~-,~ SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2004 (CIP) -ARTERIAL STREET PROJECT CHAPEL CREEK BLVD (IH-30 TO CHAPIN RD) CITY PROJECT NO . 00139 D.O .E. No. 4794 IN THE CITY OF FORT WORTH, TEXAS DECEMBER 2006 CHARLES R. BOSWELL CITY MANAGER MICHAEL J . MONCREIF MAYOR MARC OTT ASST. CITY MANAGER ROBERT D. GOODE , PE DIRECTOR TRANSPORTATION AND PUBLIC WORKS 5 . FRANK CRUMB, PE DIRECTOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, PE DIRECTOR DEPARTMENT OF ENGINEERING r-:---, .-l -., --c -_ -o,--....., ., . !' C;.. •2 "'. fJ , • , .. -~-):-vi~ I j -~~ ·-'.J(.~•O'Cl?_,· -'· .. '~~~-,fgU: •. ,/\ .. G,lf _,, niC\ m=-TEAGUE NALL AND PERKINS L '_II ··.:~.'";</" gr,? I ~J \,;',,i.;;f)} •• J.i J5tt, 1100 MACON STREET FORT WORTH, TEXAS 76102 (817) 336 -5773 -TNP No . FTW 05221 DORIGINAL C ity of Fort W o rth EmpJ,oyee Intranet www.cfwnet.org Home I Council Agenda I M&C I Employee Directory I ACToday I Employee C larnfleos ! PRS ! IT Online , Departments I Site Map Print M&C COtJNCIL ACTJON: Approved on 8/28/2007 -Ord. No. 17728-08-2007 DATE: 8/28/2007 REFERENCE NO.: **C-22340 LOG NAME: 20CHAPEL CREEK CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Autho r:ize Execution ef a Contract-with Gilco Contracting, Inc., for Pavement Reconstruction and Water Line Replacement on ChapeJ Creek Boulevard , (IH30-Chapin Road) Project No. 00139 (DOE 479~) and Adopt Appropriati of'I Ordinance RECOMMENDATION-: It is .recommended that the City Council : 1. Authorize the transfer of $39,598.32 from the Water and Sewer Operating Fund to the Water Capit al Projects Fund; 2 . Adopt the attached appropriation ordiAance increasing estimat ed receipts and appropriations in the Water Capital Projects Fund in the amount of $39,598.32; and 3. Authorize the City Manager to execute a contract w ith G~lco Contracting , Inc., in the amount of $695 ,892 .30 for Pavement Reconstruction and Water Line Replacement on Chapel Creek Boulevard, (IH30- Ch apin Road). DISCUSSION.: On DeGember 06, 2005-, (M&G C-21178) the City Council authorized the City Manager to execute an -enginee ring a§lreement with Teague Nall & Perkins , Inc., for 1he re-design of portions of -an arterial street, Chapel Creek Blvd ., (IH30 -Chapin Road), (DQE 4794), and the engineering plan preparation for the reconstruction of Chapel-Creek w ithin th e-outlined limits. The 2004 Capital Improvement Program (CIP) includes funds for pavement reconstruction of Chapel Creek Blvd ., as an art-er ial street. The current street is a 2-lane rural asphalt street that does not support the traffic vehicle volume. The re-designed arterial street will have a 4 lane section, concrete curb & gutter, pavement section eonsiste11t with curre At pavement standards, am t a-storm sewer line to carry water run-off. The W_ater Department has determined that upcoming street work on Chapin Street, will require a future 8 " water line . Since Chapin Street abuts-Chapel Creek Blvd., and to avoid any pavement removal of newly placed pavement in Chapel Creek Blvd . -adjustments in water.line connections are required . The project was advertised for bid on January 18th and Jan 25th , 2007 . On February 22, 2007 , the following bids were received : Bidders Gilco Contracting , Inc. McClendon Construction JLB Stabile & Winn Alternate (Concrete) $695 ,892 .30 $712 ,268.65 $727 ,573.19 $831 ,054 .00 Jackson Construction, Ltd . $2,055,742 .00 Time of Completion: 180 Calendar Days. Bids were solicited for a concrete option Chapin Street north of Chapin Road is paved with concrete, thus to insure contin uity, asphaltic concrete was not considered . The concrete option consists of a 7-inch reinforced con·crete pavement over 6-inch ·lime stabilized sub grade with 7-inch concrete curb . Funding in the amount of $3988 .32 is include..d for associated water construction survey material testing , inspection and project close out . The contingency funds to cover change orders total $ 3651 .00 . Funding in the amount oT$34,704 .00 is required for associated paving and drainage construction survey, project management, pre-construction, material testing, inspection-and project close out. The contingency fund for possible change orders for paving and dFainage improvements is $25,000 .00. M/WBE -Gilco Contracting, Inc., is in compliance -with the City 's M/WBE Ordinance by committing to 7 percent M/WBE participation and documentil"lg good faith effort. Gilco Contracting , Inc identified several subcontracting and supplier opportunities . Howe.v.er, .tbe M/WBE subcontractors contacted in the areas identified did not submit the lowest bids . The City's goal on this project is 20 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 72 K FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations , and adoption of the attached appropriation ordinance, funds will be available-in the curren-t capital budgets , as appropriated, of the Water Capital Projects Fund and the Street Improvements Fund. TO Fund/Account/Centers 1&2)P253 472045 6031700139ZZ $39 ,598 .32 2)P253 531350 603170013952 2)P253 531350 603170013980 2)P253 531350 603170013982 2)P253 541200 603170013983 2)P253 5313EO 603170013984 2}P253 531350 6031700J 3985 2)P253 531350 603170013991 $712.20 $712 .20 $35 .61 $3-S:6-10 .00 $356 .10 $2,136.60 $35 .61 Submitted for City Manager's Office by-: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1 )PE45 538070 0609020 $39,598 .32 3}P253 541200 603170013983 $35 ,610 .00 3)C200 541200 203230013983 $660 ,282 .30 Marc Ott (84 76) Robert Goode (7913) Tom Leuschen (2442) ATTACHMENTS 20Chapel Creek (2).doc FEB-19-2007 18:07 TEAGUE NALL AND ,PERKINS 8173362813 . . CITY OF FORT WORTH DEPARTMENT OF TRANSPORATATION ANO PUBLIC WORKS ADDENDUM NO. 1 2004 (CIF) -Arterial Street Project Chapel Creek 6lvd (IH-30 North to Chapin Rd) City Project No. 000139 D.O.E. No . 4794 RE:LEASE DATE: February 19, 2007 BIDS RECEIVED: February 22, 2007 INFORMATION TO BIDDERS: The Plans, Specifications and Contract. Documents for the above mentioned project are revisecJ and amended as follows: 1. PAY ITEM lll-23A 2. 3 . In the Bid Proposal , strike Item tll~23 -Portable Low-Profile Concrete Traffic Barrier (Furnish, Install, and Remove) (Type I & II) from the proposal. The following Item lll-23A shall be added to the project. Fill in the appropriate blanks and include the amount bid for this item into the subtotal on Page 11 and in to the Bid Summery and Project Bid Total on Page 12. APPROXIMATE DESCRIPTION OF ITEMS WITH BIO UNIT PRICE AMOUNT QUANTITY PRICES WRITTEN IN WORDS BID 480 LF Precast Concrete Traffic Barrie r (Furnish. Install, and Remove) (Type 2): Per Item TxDOT-512 & Details PCTB Dollars and Cents per LF $ $ A Transverse Expansion Joint is requ ired at Sta. 2~25.39 between the 6'' TxDOT Pavement and the r Typical Pavement. Thi$ item shall be subsid iary to the pavement it ems. In the Bid Proposal, strike the quantity, un it price, and amount bid for Item IIH2 -Topso if. Contractors shall bid this item on the basis of 200 cubic yards . All other provisions of Specification Item SP-71 arid related items shall remain in effect. A signed copy of this Addendum No. 1 should be included ,n the sealed bid envelope at the time of the bid subm ittal. Fa il ure to acknoWledge the reee ipt of this Addendum cou ld cause the bidder to be considered NON-RESPONS IVE resulting in disqualification . P.02/03 ____ i;:-~1 i=i-?G1v1'? 1 ?: ?A A1719::2 8092 9BY. P.02 FEB-19-2007 18=08 TEAGUE NALL AND ,PERKINS 8173362813 Please acknowledge receipt of the Addendum in the bid proposal and on the outside of tt,e sealed envelope. RECEJPT ACKNOWLEDGED: By: (}IA~-:; If. ,,..(ac,I\Jc'tr> Company: 611,J .. o O'-v ,Rr"EctiAl6 J<C)G • Address: ,~?:;, ~ou,rl1.u.:;~, p.1.10 City: fff-..J61?.bt>tti State: 7R Telephone: Bl 7 · 13 -f · 1 I> c:>O Thomas U. Lewschen. P .E. Manager, Capital Projects, Transportation & Public Works Dep rtment P.03/03 TOTAL P.03 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2004 (CIP) -ARTERIAL STREET PROJECT CHAPEL CREEK BLVD (IH-30 TO CHAPIN RD) CITY PROJECT NO. 00139 D .O .E. No. 4794 IN THE CITY OF FORT WORTH, TEXAS DECEMBER 2006 CHARLES R. BOSWELL CITY MANAGER MARC OTT ASST. CITY MANAGER ROBERT D. GOODE, PE DIRECTOR TRANSPORTATION AND PUBLIC WORKS MICHAEL J. MONCREIF MAYOR S. FRANK CRUMB, PE DIRECTOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, PE DIRECTOR DEPARTMENT OF ENGINEERING iii=-TEAGUE NALL AND PERKINS 1100 MACON STREET FORT WORTH, TEXAS 76102 (817) 336-5773 -TNP No. FTW 05221 CONTRACT DOCUMENTS FOR 2004 (CIP) -Arterial Street Project Chapel Creek Blvd (IH-30 to Chapin Rd) CITY PROJECT NO . 00139 D.O .E. No . 4794 CITY OF FORT WORTH TARRANT COUNTY, TEXAS DECEMBER 2006 I hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Texas. ....~ ........ ,,,,, ~~L -' OF 'I". ,, ~-..~~-*··········· t ~ :,o 1· ••• ~ f ,,.. * • \ I : • ! · • ~ 0 I~ '5 -o 1 ~············~········, ~MtC.~~~.~-~~LJ!~YMJ ~, -0..\ 87935 ·1t· t '~ •• -.-:n •• ,:' ••. ~ .. , ~N,:J~-·· , ,, ~ft .......... ~.:" ,,~'9/()Np..\.. ~--,,,,..,,,,- 2004 (CIP) -Arterial Street Project Chapel Creek Blvd (IH-30 to Chapin Rd) CITY PROJECT NO. 00139 D.O.E. No. 4794 TABLE OF CONTENTS SECTION A-UNIT I, II, & Ill: Water Dept. & Transportation/Public Works Notice to Bidders Comprehensive Notice to Bidders Fort Worth M/WBE Policy Bid Proposal Vendors Compliance to State Law SECTION B -UNIT I & II: Water Department Special Instructions to Bidders Part C -General Conditions Part C-1 -Supplemental Conditions to Part C General Conditions Part D -Special Conditions Part DA-Additional Special Conditions Part E -Material Specifications SECTION C -UNIT Ill: Transportation/Public Works Special Instructions to Bidders Special Provisions for Street and Storm Drain SECTION D -UNIT I, II, & Ill: Water Dept. & Transportation/Public Works Certificate of Insurance Performance Bond Payment Bond Maintenance Bond Contract Contractor Compliance with Worker's Compensation Law Conflict of Interest Questionaire Prevailing Wage Rates APPENDICES -UNIT I, II, & Ill: Water Dept. & Transportation/Public Works A -Standard Figures and Details B -Geotechnical Report C -ROW Documents D -TxDOT Driveway Permit SECTION A UNIT I -WATER IMPROVEMENTS UNIT II -NOT USED UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS Notice to Bidders Comprehensive Notice to Bidders Fort Worth M/WBE Policy Documents Bid Proposal Vendor's Compliance with State Law Notice to Bidders Sealed Proposals for the following : 2004 (CIP) -Arterial Street Project Chapel Creek Blvd (IH-30 North to Chapin Rd) City Project No. 000139 0.0.E. No. 4794 Addressed to Mr. Charles R. Boswell , City Manager of the City of Fort Worth , Texas , will be received at the Purchasing Office until 1 :30 p.m. on Thursday, February 22, 2007 and then publicly opened and read aloud at 2 :00 P .M. in the Council Chambers . Plans, specifications , and contract documents for this project may be obtained at the office of the Department of Eng ineering , Mun ic ipal Office Building , 1000 Throckmorton Street , Fort Worth , Texas . A set of plans and documents may be purchased on a non - refundable basis for sixty dollars ($60 .00) for each set. Bidders shall not separate, detach , or remove any portion , segment or sheets from the contract documents at any time . Bidders must complete the proposal sections and submit the complete specifications book or face rejection of bid as non -responsive . The major work on the referenced project consists of the following : 5,100 SY 390 LF 515 LF 40 If 7-lnch Reinforced Concrete Pavement (5-lane section) 48-inch RCP 5x3 Box Culvert 16-inch water line , valve & vault , and connection to 20-inch concrete water line Traffic Control and Phasing per City and TxDOT requirements For additional information concerning this project , please contact Michael Wellbaum , P.E., at the offices of Teague Nall and Perkins, Inc ., (817) 336-5773 or Khal Jaafari , P.E., Project Manager , at the City of Fort Worth , (817) 392-7872. A pre-bid conference w ill be held on Wednesday , February 7 , 2007 , at 11 :00 a .m ., in the Department of Transportation and Public Works Conference Room , Room 270 , 2°d Floor, City Municipal Building , 1000 Throckmorton Street , Fort Worth , Texas . Bidders are encouraged to review the plans and specifications prior to the pre-bid conference . CHARLES R. BOSWELL CITY MANAGER MARTY HENDRIX CITY SECRETARY TOM LEUSGHEN , PE TRANS/TA~IO & PUBLIC WORKS By : ___ -,,<C-1--~-------- Khal Jaa Advertising Dates: January 18, 2007 January 25 , 2007 NTB -1 Comprehensive Notice to Bidders Sealed Proposals for the following : 2004 (CIP) -Arterial Street Project Chapel Creek Blvd (IH-30 North to Chapin Rd) City Project No. 000139 D.O.E. No. 4794 Addressed to Mr. Charles R. Boswell , City Manager of the City of Fort Worth , Texas , will be received at the Purchasing Office until 1 :30 p.m. on Thursday, February 22, 2007 and then publicly opened and read aloud at 2 :00 P.M . Plans , Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering , Municipal Office Building , 1000 Throckmorton Street , Fort Worth , Texas. A set of plans and documents may be purchased on a non-refundable basis for sixty dollars ($60.00) for each set. These documents contain additional information for prospective bidders . All bidders will be required to comply with provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No . 7278 , as amended by City Ordinance No . 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), proh ibiting discrimination in employment practices . Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders . The major work on the above project shall generally consist of the following (quantities are approximate): 5,100 SY 390 LF 515 LF 40 If 7-lnch Reinforced Concrete Pavement (5-lane section) 48-inch RCP 5x3 Box Culvert 16-inch water line, valve & vault, and connection to 20-inch concrete water line Traffic Control and Phasing per City and TxDOT requirements Included in the above will be all other items of construction as outlined in the Plans and Specifications. Construction time is JJm_ Calendar Days AWARD OF CONTRACT: The City reserves the right to reject any and/or all bids and waive any and/or all formalities . No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of contract , if made , will be within ninety (90) days after the opening of bids , but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders shall not separate , detach , or remove any portion , segment , or sheets from the contract document at any time . Bidders must complete the proposal sections and submit the complete specifications book or face rejection of the bid as non-responsive. 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 -7 910. In accord with the City of Fort Worth Ordinance No . 15530 , the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary. In addition , the MBE/WBE UTILIZATION FORM , SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM , GOOD FAITH EFFORT FORM and/or the JOINT VENTURE FORM ("Documentation ") as appropriate . The Documentation must be received by the managing department no later than 5:00 p.m ., within five (5) City business days after bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City . Failure to comply shall render the bid non- responsive. Bidders a re advised that the C ity of Fort Worth may not have acqu ired all necessary easements and temporary right-of-entry agreements for the construction of the project as shown in the P lans. Bidders are hereby notified that the City anticipates obtaining the necessary temporary right-of-entry agreements and easements by the start of construction . In the event the necessary easements and temporary right- of-entry agreements are not obtained , the City reserves the right to cancel the award of the contract at any time before the Contractor begins any construction work on the project(s). In addition , Bidders shall hold their unit prices until the City has completed the acquisition of all the easements and temporary right- of-entry agreements . The Contractor shall be prepared to commence construction without all executed easements and temporary right-of-entry agreements and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not requ i re easements and/or temporary right-of-entry agreements. The Managing Department for th is project is the Department of Engineering . For additional information concerning th is project , please contact Michael Welfbaum , P.E., at the offices of Teague Nall and Perkins, Inc., (817) 336-5773 or Khat Jaafari, P.E., Project Manager, at the City of Fort Wor:th , (817 ) 392-7872 . A pre-bid conference will be held on Wednesday , February 7 , 2007 , at 11 :00 a .m ., in the Department of Transportation and Public Works Conference Room , Room 270 , 2 "d Floor , City Municipal Building , 1000 Throckmorton Street , Fort Worth , Texas . Bidders are encouraged to review the plans and specifications prior to the pre-bid conference . CHARLES R. BOSWELL CITY MANAGER MARTY HENDRIX CITY SECRET ARY TOM LEUSCHEN , PE TRANSPLYION & PUBLIC WORKS By : ___ ....,.' __ f»l _________ _ Khal Jaaf , PE , roject Manager Advertising Dates : January 18, 2007 January 25, 2007 FORT WORTH ------.------ PRIME COMPANY NAME: GILCO CONTRACTING , INC . PROJECT NAME: ATIACHMENT 1A Page 1 of 4 03 -0 1 -07 PO 4 : O 1 I N City of Fort Worth Subcontractors/Suppliers Utilization Form Check applicable block to describe prime I MIW/DBE I X I NON-MIW/DBE 2004 (CIP) -ARTERIAL STREET -CHAPEL CREEK BLVD BID DATE 2/22/07 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER CITY PROJECT #000139 30% 7.1% D.O.E. #4794 Identify all subcontractors/suppliers you will use on this project Failure to complete this form , in its entirety with requested documentation , and received by the Managing Department on or before 5:00 p.m . five (5) City business days after bid opening, exclusive of bid opening date , will result in the bid being considered non-responsive to bid specifications . The undersigned Offerer agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule , conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant , Parker, Johnson , Collin , Dallas , Denton , Ell is, Kaufman and Rockwall count ies . Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e ., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing bus iness at the time of bid open ing with in the Marketplace , that have been determ ined to be bonafide minority or women bus inesses by the North Central Texas Reg ional Cert ificat ion Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), h ighway division . Disadvantaged Bus iness Enterprise (DBE ) is synonymous with Minority/Women Bus iness Enterprise (M/WBE ). If hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators , and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs , including owner-operators , but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev . 5/30 /03 ~ ~ '~ foRTWORTH ~ --03 0 1 07 p 04 :n1 I ~, ATIACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status; i.e ., Minority, Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary. Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A T&R EXCAVATION, INC . 1 X EARTHWORK $43,876.40 3529 PEORIA ST DALLAS , TX 75212 214-631-2718 214-267-1614 SUPREME SAWING & 1 X SAWING& $ 5 ,660.00 SEALING SEALING PO BOX 800596 BALCH SPRINGS , TX 75180 972-557-9858 972-226-2418 BURNSCO CONSTRUCTION 1 X WATER & SEWER $265 ,295.50 6331 SOUTHWEST BLVD DRAINAGE BENBROOK, TX 76132 CONSTRUCTION 817-738-3200 817-738-3203 US CONCRETE CO. 1 X READY-MIX $100 ,650.00 1001 W EULESS BLVD #100 CONCRETE & EULESS , TX 76040 LIME SLURRY 817 -835-4058 MATERIAL 817 -835-4044 BARNSCO , INC . 1 X REBAR & $13,450.00 PO BOX 541087 CONCRETE DALLAS, TX 75354 SUPPLIES 214-352-9091 214-245-6872 CROSSROADS , L.P. 1 X BARRICADES $14,640.00 2809 N BEACH ST FT WORTH , TX 76111 817-759-1199 817-759-1135 Rev. 5/30/03 ~ ~ -~ FoRTWoRTH ~ ATIACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e., Minority , Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary. Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D \I\ R 0 B E E C T E A Rev. 5/30/03 FORT WORTH ~ 03 -0 1 -07 P0 4 :0J I N Total Dollar Amount of M/WBE Subcontractors/Suppliers $49,536.40 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $394,035.50 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $443,571.90 ATIACHMENT 1A Page 4 of 4 The Contractor will not make additions, deletions , or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition . Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offerer further agrees to provide, directly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors , including M/W/DBE(s) arrangements submitted with the bid. The Offerer also agrees to allow an audit and/or examination of any books, records and files held by their company . The bidder agrees to allow the transmission of interviews with owners , principals , officers , employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one ( 1) year. PRESIDENT Title GILCO CONTRACTING. INC Company Name 6331 SOUTHWEST BLVD A-------------------- BENBROOK TEXAS 76132 City/State/Zip DALE R. GILREATH Printed Signature Contact Name/Title (if different) 817-735 -1600/817-735-1613 Telephone and/or Fax E-mail Address 03/01/2007 Date Rev . 5130/03 FORT WORTH ,__ W a sr-"" PRIME COMPANY NAME: GILCO CONTRACTING INC. PROJECT NAME: City of Fort Worth Good Faith Effort Form 2004 (CIP) ARTERIAL STREET-CHAPEL CREEK BLVD City's M/WBE Project Goal: I PROJECT NUMBER 30% D.O.E. #4794 ATTACHMENT1C Page 1 of 3 Check applicable block to describe prime I MiW/BDE I XI NON-MiW/DBE BID DATE FEBRUARY 22, 2007 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 demonstrati on 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 2nd tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities EXCAVATION WATER & SEWER IMPROVEMENTS DRAINAGE CONSTRUCTION READY MIX CONCRETE BARRICADES/TRAFFIC CONTROL REBAR SUPPLIERS ASPHALT PAVING ASPHALT SAWING & SEALING AGGREGATE PAVEMENT STRIPING/MARKERS FUEL SIGNS LUBRICANTS EROSION CONTROL TOILET RENTAL INLET CONSTRUCTION FENCE MATERIALS, INSTALLATION HAULING BY DUMP TRUCK JOINT SEALING Rev . 05/30/03 ATTACHMENT1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. __ X_Yes __ No Date of Listing 02/08/07 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? _X_ Yes (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? _X_ Yes (If yes, attach list to include ll.!!!!! of M/WBE firm, person contacted, phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such 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 plans and specifications in order to assist the M/WBEs? _X_Yes __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection M.E BURNS CONST 817-447-0292 KAREN BURNS UTILITY WORK NOT LOW BIDDER STORM WATER 972-636-7717 RON BROCK SWPPP NOT LOW BIDDER SOLUTIONS BUYERS BARRICADES 817-535-3939 STEVE BUYERS BARRICADING NOT LOW BIDDER Rev. 05/30/03 ADDITIONAL INFORMATION: ATTACHMENT1C 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 goo aith. It i underst od that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for m ill verified by the City's M/WBE Office. DALE R. GILREATH Printed Signature PRESIDENT Title Contact Name and Title (if different) GILCO CONTRACTING , INC. 817-735-1600 817-735-1613 Company Name Phone Number Fax Number 6331 SOUTHWEST BLVD Address Email Address BENBROOK, TX 76132 02/28/2007 City/State/Zip Date Rev . 05/30/03 TO : For: BID P" JPOSAL (This Proposal must not be removed from this book of Contract Documents) Mr. Charles R. Boswell City Manager Fort Worth, Texas PAVING, DRAINAGE AND WATER IMPROVEMENTS ON 2004 (CIP) -ARTERIAL STREET PROJECT CHAPEL CREEK BLVD (IH-30 TO CHAPIN RD) CITY PROJECT NO . 00139 D.O .E. No. 4794 UNIT I -WATER IMPROVEMENTS UNIT II -NOT USED UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS Includes the furnishing of all materials (except as specified to be furnished by the City), equipment, labor, and incidental work for the installation of all improvements and appurtenant work shown in the plans and specifications and as required to provide a complete and serviceable project. Pursuant to the foregoing "Notice to Bidders ", the undersigned bidder , having thoroughly examined the Contract Documents, including Plans, Special Contract Documents, and General Specifications for Water Department Projects, and the site of the project, understands the amount of work to be done and the prevailing conditions does hereby propose to do all the work, furnish all labor, equipment and materials (except as specified to be furnished by the City) necessary to fully complete all work as provided in the plans and specifications , and subject to the inspection and approval of the Engineering Department Director of the City of Fort Worth, Texas. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond as approved by the City of Fort Worth for the performance and completion of said work . Total quantities given in the bid proposal may not reflect actual quantities; rather they are a representation of project quantities based upon a reasonable effort of design and investigation . Said quantities are merely provided for the purpose of bidding upon and awarding the contract. Contractor proposes to do the work within the time stated and for the following sums , to wit: Note: Specification References in the following Description of Items have been abbreviated as follows : D .................... Part D Special Conditions, City of Fort Worth Water Dep artment (Included herein) DA .................. Part DA Additional Special Conditions, City of Fort Worth Water Department (In cluded herein) Details ............ Construction Details provided in th e plans for this project (Included by Re fere nce) Figure ............. Figures and Details in Appendix A (Included herein) SP .................. Special Provisions for Street and Storm Drain Improvements (Included herein) SS .................. Standard Specifications for Street and Storm Drain Construction , City of Fort W o rth , Transportation a nd Publi c Works Department (Included by Reference) Tx DOT.. .......... Standard Specifications foe Constru ction and Maintenance of Highwa ys, Streets , and Brid ges, Te xas Departm en t of Transportation , 2004 (Includ ed by Reference) Page 1 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer lmpr9vem nts (DOE No. 4794) UNIT I -WATER IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITIEN IN WORDS BID 1-1 1 LS 20 "x16 " TEE , Remove Existing 20 "x8 " TEE , and Complete Connection; Per Item OA-42/0-52 6.-r;u~..J -"'ii-1ov ~~~ ~ Dollars and uo Cents per LS $ \\ ,ooc. ~ $ ll, ()00 . ~ 1-2 1 LS 16 " x 8" Reducer, MJ Solid Sleeve , and Connect to Existing 8" Line ; Per Item 0-52 D,:;,~ --r~c.u?)\0C j,~ . 1-\v...>t,(t~~ Dollars and ,)a Cents per LS $ ),~oo . ·~ $ l,~o .ce l-3 70 LF 16 " Ductile Iron Pipe (Includes bends and removal of existing water pipe); Per Item 0-5210-29 O~· lil).lolt,GD ~,)f;..-l~Y Dollars and oc Cents per LF $ )ft::>. e~ $ ll, qt,O . og 1-4 1 EA 16" Resilient Seated Gate Valve; Per Item OA-74 and Figure 3 1?.u • ...,-•·\ch.>"ti ,4..u D ~11<. -\.l"~ OR.G'D Dollars and fu Cents per EA $ l DI (900 . OSl $ 10 1 ~ r:,c,.oj. 1-5 1 EA Remove and Salvage Existing 8" Gate Valve ; Per Item 0-29 m">K . l}l.)00.t..c:o Dollars and 06 Cents per EA $ Alt>t:>.'11-° $ J./00. ~ 1-6 . 10CY Crushed Limestone for Misc . Placement ; Per Item 0-22 00(. Dollars and ,UO Cents per CY $ , . os, $ 10 , oe_ Page 2 of 14 . CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer lmprc,,vem E;\Jl ts (DOE No. 4794) UNIT I -WATER IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITIEN IN WORDS BID 1-7 . 10CY Washed Rock (1/2 " - 1 ~") Misc. Placement ; Per Item 0 -21 Z>ur=: Dollars and uo Cents per CY $ I b ~ $ lb ,0!2 1-8 . 10 CY Class "B" (2500 psi) Concrete for Misc. Placement; Per Item 0-21 l:).0e: Do ll ars and JJD Cents per C Y $ ,.~ $ 10.·~ 1-9 . 10CY Class "E" ( 1500 psi) Concrete fo r Misc. Placemen t Per Item 0-21 ~E. Dollars an d /Jo Cents per CY $ I. t>~ $ LO . •s 1-10 . 70 LF Trench Safety System for Trench Depth 5 ' and Greater; Per Item 0-26 C),u f.. Dollars and IJO Cents per LF l bl:> $ . -$ 7o -~ UNIT I -WATER IMPROVEMENTS SUBTOTAL (Forward to Bid Summary Page) $ ~< G:,10 . ~ <-I Page 3 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer lmprpvem~nts (DOE No. 4794) UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 111-1 . 2 EA Project Designation S ign ; Per Item SP-69 & Figure WTR -026 Three Hundred Dollars and No Cents per EA $ 300 .00 $ 600 .00 111-2 . 74CY Borrow (Phase I Construction); Per Item SS-104 '}H,t .,..~,._) Dollars and ? I )(. "f"'i) Cents per CY $ ,~. '9 $ l ,oo<c . ""~ 111 -3 . 1,383 SY 6 " HMAC Pavement Type B (Phase I Construction); Per Item SS-312 1i-l 1PrN -"'\ ~Q Dollars and nn-::r Cents per SY $ 3 ~-~ $ tl'-1 94 7. ~ ~ 111 -4 . 2 ,640 CY Unclassified Street Excavation ; Per Item SP-41 #Jl~.,....~ Dollars and ,Jo_ Cents per CY $ f \.o~ $~,,<Po.~ 111-5 . 1,383 SY 6 " Thick Li me Stab ilized Subgrade (Phase I Construction) (32#/S .Y .); Per Item SP-50 ~g €f Dollars and '"ft·h i\.'f-,) --f ,vE.. Cents per SY "3 ~., $ . -$ "l,lP??. c1 111 -6 . 5 ,028 SY 6 " Thick Lime Stabilized Subgrade (C ity ROW) (32#/S .Y .); Per Item SP-50 otJir Dollars and 01,.J~1Y Cents per SY $ l. q~ $_ q,6'5'~. ~ Page 4 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer lmpr9vem~.nts (DOE No. 4794) UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITIEN IN WORDS BID 111-7 . 803 SY 8" Thick Lime Stabil ized Subgrade (TxDOT ROW) (43#/S .Y.); Per Item SP-50 o,.)£. Dollars and ,011Je..,.-'t' Cents per SY $ \. °lg $ l, '5:2.~. 1!, 111-8 . 120 TON Lime for Subgrade Stabilization ; Per Item SP-50 ewe ~ 1-l u.uO ftf.t> Dollars and t,)o Cents per TON $ loo.~ $ 1-:i, C>DD· •.e 111-9 . 762 SY 8 " Class 'P' Reinforced Concrete Pavement (TxDOT ROW); Per TxDOT Item 360 fo4~:,~ ~ tiuE.. Dollars and ,..)o Cents per SY $ !f5.~ $ 34 .'29 o.~~ 111-10 . 149 LF 7" Type 11-C Concrete Curb (TxDOT ROW); Per TxDOT Item 529 Fi"E Dollars and 1f,J / $ 76q, 99 Cents per LF $ ?-'~ 111-11 . 4,327 SY T ' Class 'C ' Reinforced Concrete Pavement (City ROW); Per Item SP-42 "ifti~ -'Fo0{Z.. Dollars and ,.)o $ 3~-~ 0~ Cents per SY $ l'\ 7, lt~. - 111-12 . 1,181 LF 7" Integral Concrete Curb; Per Item SP-44 \rlKrE. Dollars and ~,;,e'fY-n.,e:. Cents per LF $ 3. '-5 $ 4'1 3>t>. fo§" Page 5 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer Improvements (DOE No. 4794) UNIT Ill-PAVING & DRAINAGE IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 111-13 . 5,144 LF Silicone Joint Sealing for Concrete Pavement; Per Item SP-43 f)A.?f:. Dollars and ~,g'f'i -f'.",vE... Cents per LF $ \. 3§ $ ~ .c,~J.\ . ~~ 111-14. 50 SY 12" HMAC Transition Pavement (TxDOT ROW); Per TxDOT Item 340 ~r-,.-~-r,\)e.. Dollars and Cx:) Cents per SY $€.rs.~ $ ;l. ,cfo. ~ 111-15 . 516 SY 6" HMAC Transition Pavement (3" Type B, 3" Type D) (City ROW); Per Item SP-51 .....:--1 te.)r..)"fY -,-\A.Jo Dollars and (tf-r-:I Cents per SY $~.~.P $ )\ I lc,1{). Oj'> 111-16. 803 SY 4 " HMAC Pavement Underlayment (Type D) (TxDOT ROW); Per TxDOT Item 340 n(,''fE:E:N Dollars and ,Jt> Cents per SY $ ,;;. "..2 $ l~ I D"t£. CJ~ 111-17 . 100 LF 6 " Pipe Subdrain ; Per Item SP-48 '\UJ£J.)1-y Dollars and 10() Cents per LF .;lO oo $ . -$ ::z. ~. ".!. 111-18 . 93 SF 4 ' Concrete Sidewalk with 6 " Curb ; Per Item SP-58 & Details ttuf" Dollars and l\.)C Cents per SF $ 5:_ cp $ t./ (o ,5. OR Page 6 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer Improvements (DOE No. 4794) UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITIEN IN WORDS BID 111-19. 1 EA Sidewalk Ramp {Type I); Per Item SP-58 & Details ~..>£.v • ~..wue~» f.ir-r-J Dollars and ,-Jo Cents per EA $7~.~ $ 16o. •s 111-20 . 1 LS Miscellaneous Utility Adjustments ; Per Item SP-70 Five Thousand Dollars and No Cents per LS $ 5,000 .00 $ 5,000 .00 111-21 . 163 LF Integral Concrete Pavement Street Header; Per Item SS-514 ~\)(._ Dollars and .JO Cents per LF $ ~.~ $ Cf7g, ~ 111-22. 50 LF Metal Beam Guard Fence ; Per Item TxDOT-540 ---rtt ,p:r-? ~ f",vE: Dollars and ,.JO Cents per LF $ 35 ."'.!!. $),7~.~ lll-23A 480 LF Precast Cor1crete Traffic Barrier (Furnish. Install , and Remove) (Type 2): Per Item TxDOT-512 & D~tai!S PCTB 1)4 ,J<'f"« Dollars and tJb Cents per LF $ 30.~ $ '"' I 'il)O, ~ -- 111-24 . 1 LS Permanent Pavement Markings and Signage (City & TxDOT ROW); Per Details fif,v . 1""-'° 1";\ou~A.t..:i l? [1uf'. -\·\.-'t-lO~Q Dollars and /JD Cents per LF $5~,~.~ $ 5.:Z,'Sc>G. ~ Page 7 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer Improvements (DOE No. 4794) UNIT Ill-PAVING & DRAINAGE IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT I ITEM QUANTITY PRICES WRITIEN IN WORDS BID 111-25 . 95 LF Remove 36 " RCP ; Per Item SS-452 '}U>&~"f Dollars and !VO Cents per LF $ 2_o. o~ $ \ 1 C\oc. ~ 111-26 . 7 LF Remove 48 " RCP ; Per Item SS-452 Fi ,-,.--'i_ Dollars and l,,J.6 Cents per LF $ 6._o. t:£ ~ CPO $ . - 111-27 . 3 EA Remove Existing Concrete Headwalls/SET; Per Item SS-4 52 tDt 2~ -tfvAI OR.£0 Dollars and ).)o Cents per EA $ "{ro. c:f' $ I ~oo. lli.Q. 111-28 . 173 LF 21" Class Ill RCP Complete in Place ; Per Item SS-440 rt2e--r-:r -~uf: ._) Dollars and LI) Cents per LF $ '-t7. ~ $ 6/~l. <e 111-29. 67 LF 36 " Class Ill RCP Complete in Place ; Per Item SS-440 ,VJ~£'("-? -JJI,-)~ Dollars and LJ~ Cents per LF $ ~'L ($ $ l>,'-3~. ~ 111-30 . 303 LF 48 " Class Ill RCP Complete in Place ; Per Item SS-440 OIJTP-HlW~~D Eo~..,..<? .. ,-j,,v£ Dollars and t,J() Cents per LF $l~9.~ $ '46: J'-\1. ~ Page 8 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer Improvements (DOE No. 4794) UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 111-31. 328 LF 5'x3 ' Re in forced Concrete Box Complete in Place ; Per Item SS-440 . 'f\1,)£), ),J..>-.)J:>~a, 1"""~0 Dollars and ~ Cents per LF $ .,2 \o . ·~ $ (>li>, S~o . I!!' 111-32. 162 LF 6 'x3 ' Reinforced Concrete Box Complete in Place ; Per Item SS-440 -('1µc:> -1-lv...)~<! D ~,~.,...~ -~Ev€""-' Dollars and ,Jo Cents per LF $ J..fo-r . ~ $ 4, 1 ;2'5°"1. IH 111-33 . 2 EA 1 O' Recessed Curb Inlet; Per Item SP-66 & SS-444 1'°u.)O-"f"~ou~9'...) D i:-~ir~ -HQ~O Dollars and }Jb Cents per EA $ ;i I !)l:C . 1;t; $ 'i, looo. '?e 111-34. 3 EA 20 ' Recessed Curb Inlet ; Per Item SP-66 & SS-444 tOOIZ -,-1"\bU';,f\. ....)0 h°"~-1~~£D 'f;y"-<'t' Dollars and ~ Cents per EA $'1_,2~.o~ $ 1~1i5'D. ~ 111-35 . 1 EA 6 ' Square Storm Drain Manhole ; Per Item SP-66 & SS-444 --ritRe"€--,-t4o u~.;,,.. ~ o Fi..,£.-1-\~µoJ<e-o Dollars and ,Jo Cents per EA $ 3,5')o.(2P $~~.~ 111-36. 1 EA 8'x6 ' Storm Drain Manhole ; ?.;r Item SP-66 & SS-444 1i>f • -r~ou-oA~ t> 5f~eAJ -~u I\) o~u Dollars and JJO Cents per EA $ -S.70c .~ $ 5,TuO.~~ Page 9 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer Improvements (DOE No. 4794) UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID 111-37 . 1 EA 6 :1 Type I Safety End Treatment, Hw = 5 ', 20 " Curb (Upstream Line 'A '); Per Item TxDOT 467 & Detail SETB-PD Jt=r-J· "f""HOv!::>"' ...)Q Dollars and },)O Cents per EA $ lD,~.09 $ ) bl ()00. ej; , 111-38 . 1 EA 3:1 Type I Safety End Treatment, Hw = 4 ', 8" Curb , Int. Wingwall (Downstream Line 'A ' & 'B'); Per Item TxDOT 467 & Detail SETB-PD & Special Detail tJ, Ne:. i'ttocn!A ....:i D Dollars and NO Cents per EA $ lt,OOC>-~ $ °I bDC. ~;i 111-39 . 16 CY 6 " Concrete Riprap ; Per Item TxDOT 432 rlt\P.f£. H~~D ~f, .. sf"v Dollars and DO Cents per CY $ 3:Zb. ~-$5l2D.0 ~ 111-40. 1,033 CY Trench Excavat ion and Backfill for Storm Drain ; Per Item SP-67 & SS-402 00~ Dollars and f,~--< Cents per CY $ '. -6'.2. $ \ I ':)'1 q . !e 111 -41. 971 LF Trench Safety System (> 5-foot Depth); Per Item SS-525 ~ Dollars and #0 Cents per LF $ \. o.Q $ 97\. O!? 111-42 . ~CY Topsoil , As Directed by Engineer ; ~ zoo Per Item SP-71 "Fvvel ,e lf,J Dollars and ~JD. o~ !i:<, 000. o~• F-ifto,;, t,)o Cents per CY $ ~ ~ 1ee 1g~e..0e- Page 10 of 14 CHAPEL CREEK BOULEVARD Paving, Drainage and Sewer Improveme nts (DOE No . 4794) UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS PAY APPROX IMATE DESCRIPT ION OF ITEMS WITH BID UNIT PRICE AMOUNT ITEM QUANTI TY PRICES WRI TTE N IN WORDS BID 111 -43 . 1 LS SWPPP Im plementa ti on and Mai ntenance; Per Item SP-68 ?~-i1.toot>A.ut> fi\,)~-1:}i:>N'OR£D Dolla rs and IJO Ce nts pe r LS $ ~.~co.f!? $ 0,'5'eo . ~ 11 1-4 4 . 1 EA Exp lorat or y Excava ti on (D-Ho le), as Dire cted ; Pe r Item 0-5 1 C>~ --1'° t-\ot:>?\A,~P Do ll ars and JJD Ce nts per EA $ t,oco.~ ' 00 $ _ ,t)DC,. - UNIT Ill -PAVING & DRAINAGE IMPROVEMENTS (Forward to Bid Summary Page) $ u;&o, ;2.{s,;2 . ~ Pag e 11 of 14 BID SUMMARY UNIT I -WATER IMPROVEMENTS SUBTOTAL (1) $ ~ 5 . <o 1 o . C)~ UNIT II -SANITARY SEWER IMPROVEMENTS SUBTOT Al (2) $ NOT USED UNIT Ill-PAVING & DRAINAGE IMPROVEMENTS BASE BID -SUBTOTAL (3) $ (o(oo I 28 2 • 3g PROJECT BID TOTALS PAVING, DRAINAGE AND WATER IMPROVEMENTS (1 +2+3) $ (o't'5' I gq-;z . 3.Q Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978 , and that he has read and thoroughly understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. Page 12 of 14 The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 180 Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. Liquidated damages shall be assessed as indicated in section 7-7.10. (Complete A or B below, as applicable :) [ ] A. The principal place of business of our company is in the State of [ ] Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [ ] Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Page 13 of 14 Receipt is acknowledged of the following addenda: Addendum No . 1 --C--d~.,-..=-c----- Addendum No. 2 -----~--- Addendum No. 3 -------- (SEAL) If Bidder is Corporation Date: Z. -z:z. -0 r Respectfully submitted , -END OF PROPOSAL- Page 14 of 14 VENDOR COMPLIANCE TO ST ATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders . This law provides that, in order to be awarded a contract as low bidder, nonresident bidders ( out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident 's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders m order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B . A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in __________ (give State), our principal place of business , are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas.~ BIDDER: City State Zip Signature: Title : p e~~' p E IJ L (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION UNIT I -WATER IMPROVEMENTS UNIT II -NOT USED SECTION B Special Instructions to Bidders Part C -General Conditions Part C-1 -Supplemental Conditions to Part C General Conditions Part D -Special Conditions Part DA -Additional Special Conditions Part E -Material Specifications SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids . This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder 's responsibility to submit the following documentation : a current financial statement, an acceptable experience record , an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids . a) The financial statement required shall have been prepare d by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (l) year old . 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 mu st reflect the experience of the firm seeking qualification in work of both the same nature and technic a l 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 cons idered non-responsive and will be rejected as such . e) The City, in its sole discretion , may reject any bid for failure to demon strate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened , and if inadvertently opened, shall not be considered . g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received . Failure to notify shall not be a waiver of any necessary prequalification . 2 . BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount ofnot less than five (5 %) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond , the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a re insurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion , will determine the adequacy of the proof required herein . 3. BONDS: A performance bond , a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3 .7. 4 . WAGE RA TES: Section C3-3.l3 of the General Conditions is deleted and replaced with the following : 09/10/04 1 (a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code, including the payment ofnot less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 , Texas Government Code . Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Right to Audit, under paragraph L of Section Cl : Supplementary Conditions To Part C - General Conditions , pertain to this inspection . (c) The contractor shall include in its subcontracts and /or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above . (d) With each partial payment estimate or payroll period , whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 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 601 g, Texas Revised Civil Statutes, th e City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located . "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state . This provision does not apply if this contract involves federal funds . The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25 ,000.00 or less , the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9 . AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees , program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. 09/10/04 2 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to wock on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements . Contractor warrants it will fully comply with the policy and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10 . DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with AD A's provisions and any other applicable federal, state and local laws concerning disability and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and /or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. l l. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No . 15530 , the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5 :00 p.m ., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made . Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall rend e r the bid non-respon s ive . 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 possess ion th at will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal , State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years . 12 . FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a . The contractor will receive full payment (less retainage) from the city for each pay period . b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c . The proj ect shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. 09/10/04 3 d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable . f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages , city shall make a progress payment in the amount that city deems due and payable. g . In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 09/10/04 4 ' •• r _.11,1. . \,. A • ' '., ,o 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-l __ .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 ·c1-1.31 Cl-1.32 C2-2 C2-2.l · C2-2.2 C2--2. 3 "C2-2. 4 C2-2.5 C2-2.6 ,, .. ) PART C -GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City Ci_ty Council Mayor City Manager City Attorney •' ' " ',i _ . . Director of Public Works Director, City Water Department Engineer ... , .-... Contractor Sureties The Work or Project Working Day Calendar Day Legal Holiday ,, ' ' ., \ } . , . " . ; t l, ',- . ' -. ·, •< Abbreviations · Change Order ·"i·· ?:.; : .-"':.:" .... :~· Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street . \ . ' INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form . . •' . . . -~ . Interpretation of Quantities Examination of Contract Documents and. Site Submitting of Proposal Rejection of Pr_oposals Bid Security '. ( l) . ' . ' .. .· t , .. c1~1 Cl> 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 C.3 > Cl-1 (3 >·~ Cl-1 (3) Cl-1 (3) Cl-i (3) Cl-1 (3) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-l (4) Cl-1 (4 :) Cl-1 .f4) Cl-1' (4) Cl-.1 ~( 4) Cl-1 (4) c1j1-,s·, c1-1 · <6 > c1-1 ·.c'6> Cl-1 (6) Cl-1 .:(6) Cl-1 (6) Cl-i (6) <;~°72 A.l> C2-2 . (1) C2-2 (2) C2-2 (3) c2~2 <3> C2-2 (3) •·' , . ~ .. . ' ~ ' C2-2.7 C2-2.8 C2-2.9 C2-2.10 c2-2.11 C2-2.12 C3-3 C3-3.l · C3-3.2 C3-3.3 , C3-3.4 -C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 CJ-J .• 11 .. C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-4 · C4-4 .1 · C4-4.2 C4-:4.3 C4-4.4 C4-4.5 C4-4.6 C4-4~7 .IF .. . ·-,· r f. , . '· -.. ... -:;' f. li. ,,. .. ' ; cs-s CS-5.1 cs..:s. 2 CS-5.3 CS-5.4 CS-5.5 CS-5.6 CS-5.7 · CS-5.8 CS-5.9 ! CS-5.10 ·cs-s .11 CS-5.12 CS-5.13 CS-5.14 CS-5.15 CS-5.16 CS -5.17 CS-5.18 ,., ... i ;J j ~ ... "· "" ( . 1v Delivery of Proposal Withdrawing Proposals Telegraphic Modification of Public Opening of Proposal Irregular Proposals Disqualification of Bidders Proposals AWARD AND EXECUTlON OF DOCUMENTS Consideration of Proposals .Minority-Business Enterpise ,women-Owned Business -Enterprise compliance Equal .Employment Provisions Witpdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to ~xecute Contract Beginning Work · Insurance ·contractor's Obligations Weekly Payroll ' ... ' ... Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operations Progress Schedules for .Water and Sewer Plant Facilities CONTROL OF WORK AND MATERIALS Authority of Engineer . Conformity with Plans Coordination of Contract ·oocuments Cooperation of Contractor • f ' . ~ ' '·· Emergency and/or ·Rectification Work ~ Field Office Construction Stakes Authority and Duties of Inspecto~s Inspection .... C.a ·, .•• ·;.,,.C ~ C2-2 C2-2 C2-2 C2-2 C2-2 C2 -;:2 ( 4) (4) ( 4) (4) (4) (5) C3-3 (1) C3-3 Cl) C3-3 Cl) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (7) C3-3 (7) C3-3 (7) C3-3 CB) C4-4 Cl) C4-4 Cl) C4-4 Cl) c4...:4 c2 > c4· ... -4 c2 > .c ·4-4 n> cf~:4 · c 4 > Removal of Defective and Unauthorized Work C5-5 Cl) ts-s <l> cs-s (2) CS-5 (2) CS-5 (3) CS-? (3) CS-5 _(3) cs-s (4) cs .::s. --'( s > cs.;.·s e's) C5-5 (5) CS-5 (6) CS-5 ((6) cs-s :,c1>· CS-5 (7) CS-5 (8) C5-5 (8) C5-5 (9) Substitute Mat~rials or Equipment Samples and Tests of Materials Storage of Materials ·Exist i ng Structures and Utilities Inte r r uption of S e rvi c _e Mu t ua l Re sponsibility of Contrac t or s Cl ea n u p Final Inspection ( 2 ) -F , .... ''. . ' ' ., i \ C6-6 C6-6.l CG-6.-2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 · C6-6.7 C6-6.B 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 CB-8 CB-8.1 CB-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 Pubtic Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to Nat'ional Emergency Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities unit Prices ( 3) C6-6 Cl) C6-6 Cl) C6-6 Cl) C6-6 (2) C6-6 (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 C 8) C6-6 (8) · C6-6 (10) C6-6 (10) C6-6 (10) C6-6 (11) C6-6 C 11) C6-6 (11) C6-6 (12) C6-6 CI2) C6-6 C T2) C7-7 Cl) C7-7 Cl) C7-7 Cl) 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 C 7) C7-7 (9) C7-7 (10) C7-7 (13) CB-8 C 1) CB-8 ( 1) , .. ' . ' -. ' ,t>-. 'r.""'-1 · ~·J<l>> ,..! .. .: { .,f •• ,'1' ··~ " ,;, . VT ~;A :,.,. ,. ', .~ .. ,. :t fr ,· r CB-8.3 C8-8.4 C8-8.5 C8-8.6 CB-8.7 CB-8.8 C8...;8. 9 CB-8.10 CB-8.11 CB-8.12 C8-8..13 ~,.~ \'-~~ ! : ,• ~ 4.-.;-r , "' ;&';., ~~< ..~ ... ~· .. :>· 'Ii, 'r '·· '. . )' " "":,.~ .. , ' 't '.~ ~ . :; ~1f1 ~~ ' ,II: • .,., ;, .... ' ..... .:,~~~ ,~ ..... ., { { .. ·, .,> . .. • . - ' ,. > ,. Lump Sum Scope of .Payment Partial Estimates and Withholding Payment Final Acceptance Final Payment ', ' Adqµacy of Design General Guaranty Subsidiary Work Miscellaneous Pl~cement Record Documents •' , . " . , • : !.,.....It _; ~ ~ ... ~: r ;.. ~ t: :· ''. f '~ .. • < ,..., :Ii- t ' ,.,, .. .. "~"'• .. r '\,-I r, I" . ' . . . ( 4 ) of Material ~ ' ' "')" ,;.. ,·.-1' , .. C8-8 C8-S C8-8 C8-8 C8-8 CB-8 C8-8 CB-8 CB-8 CB-8 CB-8 (1) (1) ( 2) ( 3) ( 3) (3) ( 4) ( 4) ( 5) .( 5) ( 5) . ): ~ ~:~~ ... •' .I'-~ ,. . ...... 1., "·, ";, ' . ... ' . . ; ~t', ' . . . , ,, -· .,. .... i':-,1 ~ ... } .. •. ', .. ' . .. . .... - ~ •' r. ·.,.. ... "" .; .. \\._,,• , ' , r F ~ . 1 '" .; J{, .. ~ \ PART C -GENERAL CONDITIONS Cl-1 DEFINITIONS '' SECTION Cl-1 DEFINITIONS Cl-1. l DEF-INITIONS 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 draw~ ~ocri~e;ts; su~h as specifications, bonds, addenda, plans, etc., which govern the terms and pe·rf ormance of the con tract. These ar e 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: b. PART A - PART B - PART C PART D - PART E - NOTICE TO BIDDERS (Sample) (Sample) PROPOSAL GENERAL CONDITIONS (CITY) (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 SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the ·-following i terns: PART A -NOTICE TO BIDDERS (Advertisement) Same as above -~ '( PART B PROPOSAL (Bid) .. ... PART C GENERAL CONDITIONS \.;~ ~ ~ 0 PART D -SPECIAL CONDITIONS {. '' or PART E -SPECIFICATIONS ·,,, r PERMITS/EASEMENTS ) PART F BONDS .. '". PART G -CONTRACT PART H -PLANS (Usually bound separate ly) ;II',._ " Cl-1 (1) ·I ' ... " ' .{ . ,;:. • Jo 1· . ~ ·'' ,t .. ,. •1, .. , . ', . f . . ·~ •',--·· ~· ~ ... .,.. . "' .: "'• -~ ' ' y ,/"l-. . ,. Cl-1.3 NOTICE TO B IDDERS: 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 Contr~ct Documents constitutes the notice to bidders. Cl-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have .done, toieth~r with .the bid security, constit~tes the Proposal, which becomes binding upon the Bidder when it is officially . ie~eived by the Owner, has b~en publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any . person, persorrs 1 firm, partnership, company, association , corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the. work contemplated under the Contract Documents,·· constitutes a bidder. Cl-1.6 GENERAL CONDITIONS: The General Conditions are the · usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary piocedure, i he lo~al stat~tes, and requirements of the City of Fort Worth's charter and promul9ated ordinances . Wherever there may be a conflict between the General ·. Conditions and Spe c ial Conditions, the latter ~hall 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 Cofiditions and other elements of the Contract Documents they prov i de the information which the Contractor and Owner should have in .order to gain .a thorough knowledge ·of the project. Cl-1.B SPECIFICATIONS: The Specifica t ions is that section or part of the Contract Documents which sets forth in detail th~ requirements which must be met by al l' materials, construction, workmanship, equ i pment and services in order to render a completed and us e ful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc.; such referi e d to documents shall become a part of the Contrac t Documents just as though th e y were embodied the re in. Cl~l.9 BOND: The bond or bonds ar e the ~ritt e n guarantee or security furnish e d by the Contrac t or for the vrompt and Cl-1 (2) -I - .. - t '<!' ,, '. faithful performance of the contract and include the following: a. Performance Bond (s~e 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 s e parately 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, authoriz e d and chartered under the Texas State Statutes, acting by and through its governing body or its Ci t y Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 ·cITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Tex~s. Cl-1.15 CITY MANAGER: The officially appointed and authorized · City Manager of the City of Fort Worth, Texas, or his duly authorized r e presentative. Cl-1.16 CITY .ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized repr e sentative . Cl-1 (3) . . -~ .. ' ' •, ' .. Cl-1.1 7 DIRECTOR OF PUBLIC WORKS: .The duly appointed official of the City of Fort Worth, referred to in the .Charter as the City Engineer, or his duly authorized representative. Cl-1.18 D!RECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water bepartment of the City :of Fort Worth, Texas, or his . duly authorized representative, ass ~stant, qr a.gents. Cl-1.19 ENGINEER: The Director of Public Works, the Director :of the Fort Worth ·city Water Debartrnenti or their duly ~uthorized as5istants, agents, engineers; inspectors, or superintendentsT acting · within .the scope 6f the particular duties eritrusted 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 directlj or through · a . duly authorized represeniative. A sub-contractor is a person, firm, corporation, qr others under contract with the principal contractor, supplying labor and materials or only iabor, f6r work at the sit~ 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 requiiements as set forth in the Contract Documents and approved chc;inges tn.€i_rein. Cl-1. 22 TffE WORK OR PROJECT: . The completed work contemplated in a~d covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tool~, equipment, and incidentals necessary to produce a co~pleted and serviceable project. · Cl-1. 2 3 WORKING DAY: · A working .day is def.ined as a calenda r day, not including Saturdays, Sundays, and legal holida~~' in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.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 b~ the City Council of the City of Fort Worth for observance by City e mployees as fallows: Cl-1 (4) -, r , • 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 wili 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: PiliSHTO - 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 CS) -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 .•. '"' ' C 1 - 1 . 2 7 CH ANGE OR DER : . A " Ch an g e Order " i s a w r i -t ten ,. supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was. not specifically included in the · scope of the proje~t 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 prepired by the City from information as necessary_ furnished by ·the Contractor. ' Cl-1.28 PAVED STREETS AND ALLEYS: A pave·d street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. 2. 3. 4. 5. Any type of asphaltic concrete with or without separate 'base material. Ariy type of asphalt surface treatment, not inclriding an oiled surface, with or without ~eparati base material. Brick, with or without separate base material. Concrete, with or without separate base material. Any combination of the above. c ·l-1.29 UNPAVED STREETS OR ALLEYS: .An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." Cl-1.30 CITY STREETS: A city street is defined as that area between the right~of-way lines as the street is dedicated. Cl-l.3l 'ROADW~Y: The roadway is defined as the area be~ween parallel lines two {2') feet back 9£ the curb lines or four { 4') feet · back of the average edge of pavement where no curb exists. Cl-1.32 GRAVEL STREET: A gravel street is any unpaved str~et to which has been added one or· more applications of gravel or similar ·material other than the natural material found on the street surface before any i~proveme ~t was made. ,r ~... . 1 t-' ,, l ., .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 . fo.r 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 Re~ord," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one ( 1) year old. In the case that a bidding date falls within the time a new · statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five 'CS) 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) ,·' . ., 1 ' ,, ,I "' ,, • ' ' . . ~. j • '.' ' ' Jo. < ~ .. . • *: t . ' ~ ' ' .... ., , ., ' . --}· ... , ... .__ "I>,,. I -; •-s;,. .. •" ('-, " "- (. . forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids o~ a uniform basis. Payment will be made to the Contrac t or ~or 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 Document's. . C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Biddei~ ar~~d~i~ed that th~ Contiact Documents bn file with the Owner shall constitute all of the information which the Owner will furnish. All additional .information and data which the ownei will supply after prbmulgation 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. ~ Eidders 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, tb inform themselves by theii own dndependent research and investigations, tests, boring, and by such other means as may be necessary to gain a riomplete knowledge of the , conditions which will be encountered .during the construction of the ~reject. They must judge for themselves the difficulti~s of th.e work and all attending circumstances affecting the cos~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 tban that contained in the ,Contract Documents and .officially promulgated addenda ihereto,. shall be binding upon the Owner~ Bidders shall re t y exclusively and s.ol.e.ly .up .on t .heir .own estimates, investigation, research, tests, explorations, and other data which are necessary for full and ~omplete 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 £or additional compensation .due to variations between conditions actually encountered in construction and as indicated in the Contract Documents wil 1 not be .allowed . The · logs of Soil Bqrings, if any, showing on the plans are for general information only and may •not be correct. Neither the ",._"'. '' I 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 Bidqer 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 PFice most advantageous to the City shall govern. · If a proposal is submitted by an individual, his or her name must be signed by him (her) or his Cher) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company ·or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. 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 BIP SECURITY: No proposal ·will be con~idered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the. required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) '• ; ;. •-l. ,. C2-2.7 DELIVERY OF PROPOSAL:_ No proposal will be considered unless it is delivered, accompanied by its _pro~er Bid Security, to the City M~nager . or his representative in the official place of busines~ a~ s ~t forth in -the "Notice to Bidders." a It is . t he Bidder Is sole responsibility to aeliver the proposal at the prop~r time t6 the proper pla6e. 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. th~ project-as . designated in the II Not ice to Bidders." -The envelope shall be ' · addressed to t11e City Manager·,· City Hall, Fort Wo;th, ·Texas. . . ' . . .. -. ~ . t2-2.8 WITHDRAWING PROPOSALS: Prop6sals actually filed with the City Manager cannot be withdr~wn prior to the time set for operiing proposals. A request for non-consideration of a proposal must bi made in writing, ·addres~ed 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 ~ublicly 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 PROPOS~S: Any bidder may modify his proposal by ·telegraphic communitation at any iime prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager pri6r to the said proposal opening ~ime, and provided further, that the City Manager is satisfied ~hat a w~itten and duly authenticated conf irmatiori. c:if _such telegraphic communication over the signature of the bidder was mailed prior to the proposal _ opening time. If such confirmation is not received wit~in forty-eight .(48) hours after the proposal opening time, ho further consid~ration will be given to the proposal. C2-2.10 PUBLIC OPENING OF -PROPOSAL: ~roposals which have 1 been properly filed and for which no "Non-consideration Request" has been received wi 11 be publicly opened and rea-d aloud by .the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals . whicfr 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 b i ds. C2-2.ll IRREGULAR PROPOSALS: Prooosals shall · be considered as being "Irregular" if they sho~ an; omissions, alterations of form, additions, or conditions not called . for, unauthorized alternate bids, or irr e gularities 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. b. c. d. e. f. g. h. Reasons for believing that collusion exists among bidders. Reasonable grounds for believing that any bidder ·is interested in more than one proposal for work contemplated. The bidder being interested in any litigation against the Owner or where th~ Owner may have a claim against or be engaged in litigation against the· bidder. The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by the financial statement, experience record, equipment·schedule, and such inquiries as the Owner may see fit to make. Uncompleted work ~hich, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. The bidder not filing with the Owner, one week in advance of the hour of 'the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) . ·' ,' ,,, . '' , ' PART C -GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 .1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to · a common basis as may be established in the Contract Documents. The totai 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) ,'l-,., ,.. . -:;,.· -' . .f~ ,. ... ' ; Th~ 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 appli~ani he may have on file in his offic a to ·the Contractor. A~propriat e 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 ,open~d. . .. C3-3.5 AWA~D 0~ CONTRACT: The Own~r reserves the right to withholdfinal action on the prop6sals for a reasonable time, not to exceed forty-five (~5) 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 a war dee •.. 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 e£fective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF. P ROPOSAL SECURITIES: As soon a'? proposed price totals have been determined for cornpa~ison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in · its judgment, would not be cotisider e d for th~ award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner uniil the required contract 'ha~ been executed and bond £urnished or the Owner has otherwise . disposed of the bids, after which they will be returned by the city Secre t ary. C3-3.7 BONDS: With the execution .and . delivery of the Contract Documents _,·the Contractor shall furnish to, and file with the Owner i n the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and suffi~ient . · performance bond in an amount not less than 10~ percent -0f the amount of the contract, as evidenced by the proposal tabulation or -otherwise, -guarant ee ing the full and faithful execution of the · work and performance of the contract, and for the orotection of the Owner and all other persons ~gainst damage by reason of negligence of the Contra ct or, or improper ex e cution of the wor k or the us e of in fe rior materials. This p e rformanc e C3-3 (2} ,' b. . C • d. 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. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent o~ the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. · · PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being construct e d under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. OTHER BONDS: Such other bon~s as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or· which are interested in any litigation against the owner. All bonds shall be made on . the .forms .. fur.nis.hed .. by .. the . Owner and shall b'e 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 C3) .,. 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 operat.ive 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 he .bindin.gupon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or city Manager. C3-3. 9 FAILURE TO EXECUTE CONTRACT: .The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10)_ days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impraciicable and difficult to accurately determine the amount of damages . occur ing to the Owner by reason of said awardee's failure to execute said bonds i~d contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall .thereupon immediately be forfeited to the Owne.i;-. The ·filing of a proposal will be considered as an acceptance of this provii{on by the Bidder. C3-3.10 -BEGINNING WORK: The Contrac~or shall not commence work until authorized in writing to do so by the Owner. Should the Contractor · fail · to commence work at the -si t'3 of the project within the time stipulated , in the written authorlzation 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. C'3-3 .11 INSURANCE: The Contractor shall not commence work under this contract until ~e has obtained all tbe in~urance 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 contractoc shall indicate on the certificate of insurance included in the documents for execQtion whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. b. c. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Co~pensation Insurance on ail of his employees to be engaged in work on ~he · project under this contract, and for all sub~contractors. In case any class of employees engaged in hazardous work on the proj~ct under ·this contract is not protected under the Workers' Compensation _Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance_ C Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, ·including ·death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Co n t r a c t o,r ' s L i a b i 1 i t y f o r a c t s o f sub-contractors). 2. Blasting, prior to any blasting being done~ 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. D~mage to underground utilities for $500,000. C3-3 (5) ,, ' ... ,,, ... ' t,. ii .,,.,;- f ,, J#'iir~: ' ' )' ~ .. .! . . ... >' ' "'1' ' ;~t ·* ~ .... ,. \' ' . .. " , ' < . ' . ') ... . d. < .. ; ' . ', e. . ' '' ' . ,-' f. .,., " '0 ' g • ' ... , It* ' ~~"". ' . \J,. ... : 4: ' .~ .. 5. 6. .,.. Builder's risK (wh e re above-ground structures are involved). Contractual Liability (covers all indemnification requirements of Contract). ., ' " " " ,. ,..,:. , . ' ,. ,· . ' ' ,, '1' ' -,., ' '· AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY .DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability in~urance in an amo~nt not less than $250;000 for injuries includ{rig accidental death to any one person and subject to the same limit for each pe~son an amount -not less than $500,000 on account of one ·accident, and automobile property damage insurance in an amount not less than $100,000 . '' SCOPE OF INSURANCE AND SPECIAL HAZARD: Th~ 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 operatioris under this contract, whether such operations be by the insured or by anyone directly or iridirectly _employed by him, and also against any of the following special hazards which may be enc6untered in the p~tformance 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 . · 1 Documents in amounts and -by carriers satisfactory to the · Own e r. C Sample attached.) All insurance requirement~ made ii pon the Contractor shall apply to the . sub'-contractor , sh o u 1 d the Prime Contract6r's insurance not cover the sub-contractor's wbik operatidns. LOCAL _AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, pajment, maintenance and all such other bond~ are written - shall be r e presented by an agent or agents having an office located ~ithin the city limits of the C3-3 (6) 'J ' ·". ! - 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 Metroplexi the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified.copy of each payroll covering payment of wages to all person engaged in work -0n the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll perio~. 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 deleg~ted ana di~2cted, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) / . > • ~ matter associated such as ma intaining adequate and appropriate insurance or security coverag~ for the project. Such local authority foi administration of the work under the Cont r act . shall be maintained until all busiri~ss transactions exe~uted as part of the Contract are complete. Should the Contractor's principal base .of operations be other than in th~ Fort Wo r th-Dallas metropolitan ·area, notification of the Contractor's assignment of local authority shall be made in writing to t he Engineer in advance of any woik on the project, all appropriately signed and sealed, as applicable, by the ·Contrac .tor's r-espon's ·ible officers .with the understanding that this written assignm~nt of authority to i local representative shall become part of the proje~t Contract as though bound dir_ectly into the project documents. rhe intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or othe r , be governed direct · by iocal authority. This same requir e ment is imposed on insurance and surety coverage. Sh ould the Contractor's local representative £ail to perf-orm to th_e satis f action of Engineer, the Engineer, at his sole discretion, may demand that such lobal representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local a~thority 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. I • t ' C < ' ; ' . •' . ,, ,.;.M " '• .. ,. ...... ~-· ~,.. f ._ ' ,:~ l '-~ C 3-3 (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 r-:!vised consideration to be ' determined by special agreement or as hereinafter provided for "Ex t ra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 ( 1) '·' J ~ \,' ., . " waiving qr invalidating any conditions or provisions of the Contract Documents. Vari~tions in quantitiis 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 va:cious 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 o:t;" de,~Jrab:Le t _o. insure. completion in the most satisfactory ~anner, provided such changes do not materially alter the original Contract Docume~ts or change the general n~ture _of the project a~ a whol~. Such changes shall not be considered as waiving or inval.idating 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 i~ the Co~tract Documents, shall be defined as "Extra Work" and shall be performed by the Coitractor in accordance with thes~ Contract Documents or approved additi~ns thereto; provided, however, that before any extra work is begun a "Chan~e Orde~" 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 m,:thods: a. Unit bid price previously appioved. b. c. '' An agreed lump sum. 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 rent a 1 rates ; ( f> · mater i ~ 1 s 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 e~ceed 10% of the actual cost of such extra work. The fixed fee is not to include any addi~ional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be fu~l and co mp 1 et e co mp ens at i oh · to cover · t'li e ·c 6 st o .E superintendence, overhead; other profit, general and all other expens8 not included ii1 Cl), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) ,' suggested by the Owner and shall 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 ordets ~tithorizing s~ch Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after su·ch work is done and unless the claim is support~d by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans show~ng the actual installation. The compensation agreed upon for 'extra work' whether or not ini i t.iated by a 'change order' sha 11 be a full, complete and final payment for all costs Contractor incurs as a result ot 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 overheaQ, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extr~ work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Own2r · "' a ;n d rec e i v e th e Own er ' s a ppr ova 1 thereof , a " Sch e du 1 e of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected.· The~e C4-4 (3) ,. ;~\ ·, . ' '' .... ,; -i: • ... ,:·· ~-. ·:,.. : .i.,; ''t ... t . ~, . . ·-~ .. : .... 1!·1 I >•it,', ·" . ~ . ,, ' I" " ' l.: ~1<{' •,. " ~ ~~ ,. . ~-\ "' . .. • ... ., . "\ ~: ' ~. ~ .. ,...,..f\' . ' . ' I ~ .. shall be presented also a composite graph showing the anticipated progress of con~truction with the time being plotted horizontally and the percentage of completion plotted · vertically~ The progress charts shall be prepared on 8~1/2" x 11" sheets and at least five black or blue line prints shall be furnisQed 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 ~reposes 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 f ·or completing th-e· same .. The schedule shall be 1n 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 Efigineer. 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. b. Milestone dates and final project completion dates shall be developed to conform to tim~ co ·nstrai~ti, sequenc -ing requirements and completion time. The construction proces3 shall be divided into ' activities with time ourations of approximately fourteen (14) days and construction values not to e>Cceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. ,,. " C4-4 (4) \. •) <. ' • J ->,· ~ .. "', t c. Durations shall b~ i~ calendar days and normal holidays and weath~r conditions over the duratio~ of the contract shall be accounted for within the duration of each activity. d. One critical pat~ shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest st~rt date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusiv~ fi~e or b~nefit 6f ·iither t~e Contractor or the Owner. f : Thirty days shall be used for submittal review unless otherwise sp~cified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximataly fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts; the construction schedule shall indicate the following procurements, construction and preacceptance activities and 8Vents in their logical sequence for '=guipment and mat~rials. 1. 2. 3 • 4. 5. Preparation and transmittal of submittals. Submittal review periods. Shop fabrication and d~livery. Erection or installatio~. Transmittal of manufact~r~r's operation and mai~tenance instructions. 6. Installed equi~rnent and materials testing. 7. Owner's oper-a tor i nstruc: ion (if a.ppl icabl,e) . 8. Final inspection. ~ ~ ...... ~ ~· .: ~~ f ~ ·~ . . -i-.,'• ~ ,I ~ -t., .. .JJ; .... ,, r.,I; . 1" . ~ '". . ~ ~ -~,. ' , ,• 'i It', . •·• ~.' " •" 9. Operational ... I-. ... es ... 1ng. 10 ~-Final inspect i on. I " . ,. ~ I '' If, in the opinion of the Owner, work accomplished fails 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 demonstr~ting 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 t h-2 prop o s e d p 1 a n n o t a c c e pt a b l -3 , h ~ ma y r e q u i re t h e Contr~ctor to increass the work force, the donstruction plant 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 co~pletion within the t ime s p ecified. > ' ' ,, ,, . . ·, ~-~, L,. , ' , ' .• . " , , ' l \ . ;: -4 .. ' l -. \ ' " .· - <:4-4 ·( 5) ' , . -. , >• ,t f ' . . ' .. ...,,_ t '" .... ;tr:. l '· , .... :,t • .. '"!: \, 1· .. , ... "! •J,,c , .... l. ~.... ! .. ~ ,;~ ... ~X. f"4~ • ,,, .· t: r •.,, •,.. ' < ·~ 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 ~uestions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with tha contract documents. He shall determine the amount and quality of the work · com~leted 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 r e quired by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5 Cl) ., ;ii' '· .. ,. > : CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken ·together, are intended to de~cribe an~ 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 sh~ll govern over general .conditions atid standard specifications, and quantities shown on the plans shall goVern over those shown in the pioposal. 'The Co~ tractor shall not take advantage of any apparent error or omission in the Contract Docume·nts, and the Owner shall be permitted to make such corrections or interpretations as m~y be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or ~iscrepancy, he ~hall immediately call this condition to the attention of the Engineer. In the event of a confiict in the drawings, specifications, or other portions of the .Contract Documents which were not reported prior to the award of Contract, the Contractor shall be ~eerned to have quoted the most exp~nsive resolution of the conflict. CS-5. 4 COOl?ERATION OF CONTRACTOR: The Contractor· will · be furnished with three sets of the Contract Documents and shall h~ve 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 cooperate with the Engineer, 'his inspector, and other Contracto.rs in every, possible way. The Contractor shall at all times have competent personnel · ~available to the project site for prop~r performance of the w6rk. · The Contr~~toi ~hall provide 'and ~aintain at all ti~es at the site of the project a competent~ ·English-speaking superintendent and an assistant who are fully authorized to act as the Con~ra~tor's agent on the work. Such superintend~nt ,and his assistant sha11 ·~e capable of reading and understanding the Contract Docum~nts 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 s~perintendent, 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 Superintende n t , at any time of the day or night on any day ·of the week on which the Engineer determines that cir~urnstances require the presence on the project sit e o f a representativ e of the Contractor to C S -5 (2) - \, ., ' . ' • 4-., .. > 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 Engin::r, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, _omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. CS-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field off ice-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 marking~ shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as ~ay be establis~ed for the Contractor's use or guidance shall be preserved by the Contr~ctor until he is authorized by the Engineer to remove them. Whenever~ in the opinion of the Engineer, any stakes or markings have be~n carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cqst of replacing such stikes or marks plus 25% will bi charged against the c6ntractor, and the full amoufit will be deducted from payment due the Contractor~ cs~s.a AUTHORITY AND DUTIES OF .CITY INSPECTORS: City Inspectors will be auLhorized 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 manufacturihg of the rnate~ials 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 o~ the wdrk and the manner in which it is ·being performed, to report any evidence that th~ materials being furnished -0r the work being performed by the Contractor fails to fulfill the requirements of the Contract DocumBnts, and to call the attenti~n of .the Contractor to any such failure or other . infring~ments. Such inspecti6n or lack of inspecticin 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 arisirig 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 ~o reject materials or .equipment to suspend work until the question at issue can be referred to and be detided by the Engineer. The City Inspector will not, however, be authorized to reyoke, 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 sup~rintendent or foreman or »erform any ·other duties for the Contractor, or interfere with the management or operation of the work. ·He will not a~t~pt frcim th~ Contra~tor any comperisation in any form for performirig any duties. The c6ntractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instru=tions of the City Inspector, the Contractor may within six days make written a~peal to the Engineer for his decision on the matter in controversy. CS-5 (4) .) 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. I( 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 portioris of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the unc.overing 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 UNAUTnORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner 'by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or ·any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be order e d 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 r e gulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed CS-5 (5) . ' ,, . ·, . ( > ' . -,, substitute from that specified and indicating available maintenance service .· No s ubstitute shall be ordered or installed without th e written .approval of Engineer who will be the judge of the equality and may raquire Contractor to furnish such .other data abou~ the proposed substitute as he considers pertinent . No substitute shall be ordered or installed with~ut such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor s hall indemnify and hold ~armleis Owner and Engineer and anyone directly 6r indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substitut ed mat e rials or equipment. · CS-5 .12 SAMPLES AND TESTS .. -·OR MATERIALS: Where, in the opinion of the Engineer, or as called for i n the Contract· Documents, tests of materials o r equipme nt ar e .. necessary, such tests will be made at the e x pens e of and paid for direct to the testing agency by the Owner unless 'o t herwise . specifically provided. The failure of the O~n er to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing rn~terials and equipment fully cohforming to the requirements of the Con tract Documents. Tests _and sampling of materials, unless o therwise specified~ will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirem2nts of the Owner. The Contractor shall otovide such facilities as the Engineer may require for collecting and forwa·rding samples and shall-not, without specific ·written permission of ·the Engineer, use the materials repres ~nted bj the samples until tests have be~n m~d e and the materials approved for use. The Contractor will furnish adequate samples without charge to the. Owner. ·In . case of concrete, the aggregates, des.ign minimum, and the mixing and transpor t ing equip·ment -shall be approved by the Engineer b e fore any concr e te is placed, and the Contactor shall be responsible for replacing any concrete which does not . meet the r e quiremen t s of the Contract Documents. Tests shall be made at least 9 days p t ior to the ptacing of concr~te, using s a mples f rom the same aggregate, cement, and mortar which are to be u sed later in the concrete. Shotild the source of supply chang~, new test s s hall be made prior to . the use of the new mat e rials. CS-5.13 STORAGE OF MATERIALS: All materials which are to be used in the 6onstru c tion op e r it i o n shall b e stored so as to insure the preservat i on of the quality and fitness of ·the work. When dir e cted by th e Engineer, they -shall be plac~d on wooden platforms or othe r h a rd, cl e an du ra ble surfaces and not on th e - - ,, 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 ot' all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any ·manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for whieh is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in . advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of 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. ' ' C5-5 (7) .. "''i .,. ~r ... . ~· \ ,r, '. ' .;, ,., ,lit I .• ~ ' ' . .. ',. .1 ' t: ' 2. Notify each customer personally through responsible personnel as to time and schedule of the ioterrup;ion 6f their service~ or -' . ' ''· .. .f .. 7\,-. ' , ' b. 3 • .. J .... 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 kno~. The tag shall be durable in comp~sition, 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 a.nd This inconvenience will be as short as possible • Thank you, Contractor Address Phone . . .. C ' 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 Contracto~, any other Contr~ctor or any sub-contractor shall suffer loss or damage on the woik, the Contractor agrees .to sett~e ~ith such oth~r Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert .any claim against the Owner on account of any damage alleged to have been sustained, the 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 p~osecution 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 fouis after written notice is given to the Contractor that the clean-up 6n the job sit2 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 ~h 7 En~inee:~deems appropriate to ?orrect the clean-up def1c1enc1es c1~ed to the Co~tractor 1n the written notice, and the costs of such direct action, plus 25% of such costs shall be deducted from monies due or to be-come due to th~ Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall ~lean and remove from the .. site of the proje.ct all. ,surp.lus 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, poli~hed and new appearing condition. No extra compensation will be made to the Contractor for any ~lean-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 mat~rials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council .. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (9) .,. ' PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND POBLiC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY CG-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times _observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect th e 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 t h e 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. CG-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. lt 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 d e fend any and all sui t s brought for the infringeme nt of any patent claime d 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) .. ,."'\ ,;. .. ·f. . .., ' C6-6-. 4 SANITARY PROVISIONS: · The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbqge and waste as will tend to prevent the inception and spread of infectious or contagious · diseases and to effectively prevent the creation of a nuisance about the work on any property ·either ·public or private, and such regulations as are required by Law shall be put i~to immediate force and effect by the Contractor .. The necessary sanitary conveniences for use of laborers on th~ work, properly s .ec.l.ud.ed .. from publ.ic . obse.rvation, shall be ~onstructed and maintained by the Contractor and their use _shall be strictly enforced ·by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable .odors SQ as not ·to cause a nuisance. All sanitary laws and regul~tions of the State of Texas and ·the City shall be .strictly complied with. C6-6. 5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the wo~k shall at all times be so conAucted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. ·:·The · Contracto:i:-is required to maintain at all times all phases · of his work in such a manner as not to impair the safety or convenience of the public, including, _but not limited fo,· safe and convenient ingress an& egress to property contiguous to the work area. The Contractor _ shall make adequate -provisions to· rende.r . reasonable ingress and egress for ·normal vehicular traffic, except during actual trenching ·or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress arid egress for -the property served 'by the driveway as the Engineer may approve as appropriata. Such other means ~ay include ~he diversion of driveway traffic, with specific approval by the Engineer. ·If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor ~hall make arrangements satisfactory to the Engineer for the diversiori of traf£ic, and shall, ~this own e~pens~, pr9vide all materials :and perform all work necessary for the construction and maintenance of roadways and bridges for such .-diversion of traffic. Sid~walks must not be obstructed ·except by special permission of the Engineer. The materials excavated and the con-st,ruction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes; police call boxes, water valves, C6-6 (2) '• - - J gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public conveni~nce and safety which may come to · its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after ap?roval of the Engineer, shall notify the Fire Department Headquarters, Traffic Eng iffeer, and Pol ice Department, when any street or alley is requested to be closed or ob~tructed 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 ooerations. 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 C6-6 (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 eas e r:nent for the work. Where the railway tracks are to be crossed, the .Contractor shall observe all the regulations and inst·ructions of the _ railway company as to· th~ methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City.· The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that. portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossing~ unl~ss ·specifically set forth in the Contract 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 fµrnish, erect, and maintain such barricades, fences, lights and danger signals, sh~ll provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and f~nces shall be painted in a color that will be visible at night. Ftom sunset to sunrise the Contractor shall furnish and maintaih at least one easily visible burning light at e~ch bar·r icade. A .suf fic i .ent .number .of .. barricades shall be erected and maintained to keep pede~trians away from, and vehicles from being driven on or into, any work under constru~tion or being maintained. The Contractor shall furn'ish watchmen and keep them at their re~pective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions ~et forth in the "1980 Texas Manual on Uniform Traffic Contiol De~ices for slreets and .Highways" issued under the authority of the "State of Texas U~iform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes~ ·pertinent s e ctions being Section Nos. 27, 29, 30 and 31. C6-6 (4) , .. ' - - ,, ~he Co~tract~r will not re~ove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City.. I~ it f s determined that a sign must be removed to permit r~qu1red 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 th~ 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. Whenev8r 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, fenc e s and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the ' work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal -of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) '{ ..... ' . I '• . ' .. ·.1,, ...... . ' 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 ,gj plosives . is to be permitted ort the project, as specified in the Special Contract Documents,··or the .u~e of explosiyes -is requested, the Contractor shall sub~it notice to the Engineer 'in writing twenty·-four h-ours prior to commencing and shall furnish evidende that he has insriranc~ coverage to protect against any damages · and/or injuries arising out of s~ch use of explosives. All cl~ims· arisiog ·out of the use ·o~ explosiv~s 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 ttie claim to the Contractor from either the City or the claimant. The City sh~ll proceed to give notice to the .Conttactor of .any such claim. The use of explosives may be suspended by the Engineer if .any complaint is received and such .use shall not be resum~d until the cause of the complaint has been addressed. Whenever explosives are store~ or .,kept, t~ey shall be stored in a safe and secure manner and all storage places qhall be plainly marked "DAN~EROUS EXPLOSIVES" ~pd 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 he·avy traf·f ic routes. · C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, ·through, or into private property, the Owner will provide such right-of-way or easement pri .vileges _a ·s the City may deem . necessary for the proiecriti6n of the work. Any additional · rights-of-way or work area .considered necessary by the Contractor shall be provided by him "at his own ~xpense. Such addition~l ~ights-of-way .or work Brea shall b~ acquired for the behefit of the City. The City shall be notified in writing as to the .rights so acquired before work begins in the affected area. The .Coritractor shall not enter upon private property for any pQrpos~ ~ith~ui ··ha~ing previqusly obtiined permis.sion from the owner _o~ such,.· property~ The Con tractor will not be allowe~-t6 stoie equl~ment or mate~ial on private property unless and until the specified approval of the property owner has been secured in .writing by the Contractor and~ copy furnished to the Engineer. Unless spe~ifically provided otherwise, the Contract-Or ~hall clear all rights-of-way or eas~ments of obstructions w~ich 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 '' ,. ·~ ) ,. CG-6 (6) - - -- \,;.. , \, r 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 ~dvance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost ·. and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either .. wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of oermanent easement before the fence is cut. Should additio~al fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and ~hen the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7) pr6posal. ~herefore, no ~eparate 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 su6h damage ~r injury,. the Owner may, upon 48 hour writte~ notite ·urider ordinary circumstances, and ~ithout notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from ~any monies du~ or to become due to · t~e Contra~tor under this Contract. C6-6 .11 INDEPENDENT CONTRACTOR:. It ·is understood and agreed .by the parties hereto that Contractor shall perform all work ~nd service~ hereunder as an independent eontractor, and not is an officer, agent, servant or employee of .the Owner. Contractor shall have exclusiv~ control of and .the exclusive right to contiol the details of all the work and servicies performed hereunder, and all .~etsons performing .same, and shall be solely responsibl~-for the acts and omi~sion~ of its officers, agents, s .ervants, employees, contractors,. subcontractors, licensees and invitees. Thi doctrine of respondeat superior shall not apply as between ow'ner and Contractor, its officers, agents,-employees, con tractors and subcontractors, and nothing herein· shall be construed .as creating a partne~~hip or joint enterprise between Owner and Contractor. ' ·C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and .agrees to, and does her~by indemnify, hold harmless an~ 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 6r asserted, arising out of · or in connection with, directly or indirectly, the work .aad, -services to be performed hereunder by Contractor, its officers, agents, employees, coptractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligenc~ on the ~art of officers, agents, serv£nts, employees, contractors, subcontractors, licensees and invitees of the Owneri and said Contractor does ··hereby covanant and · agree to assu~e all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss, and/or pers6nal injuries, ·in~ludi6g di~th~ to any and ~11 persons of whatsoever kind or ~hara6ter, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services t6 be peiformed hereunjer by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (3) -- - -- ·- - in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors licensees or invitees of tte Owner. Contractor likewis~ covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the e~ent a written clai~ ~or damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor-shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi~final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to .the .Dir.e.ctnr that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition Cl) above is period, the Director shall the Contractor be made. time within the six month that the final payment met at any time within the six month recommend that the final payment to If condition (2) above is met at any period, the Director may recommend to the Contractor be made. At the C6-6 (9) , . ..• '• . ' . ' expiration of the six month period the Direc;::tor may recommend that final payment be made if all othe~ .work has been performed and all other pbligations of the Contractor have been met to the satisfaction of the Dire~tor. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6 .13 CONTRACTOR .'S .CLAIM .. FOR DAMAGES: .Should the Contractor cl~im comp~nsation for any alleged damage .by re~son of the acts or o~issions of the Owner, he shall ·within three days after the actual sustaining of such alleged damage, make a writ ten statement to the Engineer, settin9 out in detail .tl)e . ·nature of the alleged damage, and on or before the 25th day of the cionth succeeding that in which ,any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemi~ed statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other b·ooks or papers containing any evidence as . to the amount of such alleged damage. Unless .such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment ·on account of such damages : C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utilitj or others, the said property shall not be moved o:r interf_ered with until orde.rs thereupon have been issued by the Erigineer. The right is reserved to the owners of public utilities to enter ihe geographical limits of the Contract for .the purpose of making sue~ changes · or repairs to their property that may ~e necessary by the performance of this contract. · C6-6.15. TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing ~ewer lines have to be taken up or removed, the Contractor shall, at his own expense and cdst, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (10) - - -- ,, 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 wil l:-be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the· Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expens~. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-l.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When .· meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to 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) .. ,, .. ,. r ' ' .. " .. ,,., . ' " . ~hereof by action of ·the elements or from any cause whatsoever, whether arising from the executio~ or nonexeccition of the ~ork. 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 ariy possession taken by the City shall not .operat~ as a waiver of any brovision -of the Contract Document~. Any wai~er 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 t~at may b~ dlscov_ered in any estimate that may have · been ·paid and to _adjustthe same to -meet the requirements of the Contract Documents. · C6-6. 20 PERSONAL LIABILITY OF PUBLIC OFFICIALS:· In carrying out the provision s of these Contract Documents or 1n exercising any power of authority granted thereunder~ there shall -be no liability upon the au:thorized 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 Fprt Worth, an organization which qualifies for exemption p~rsuant th~ provisions of Article 20~04 CB) of the Texas Limited Sales, excis8, and Use Tax ;ct, the Contractor may pu-r..ch-ase, rent or leas -~ all materials, supplies and equipment used or cons-urned in the performance of this contract by issuing to his sripplier an exemption certi~icate in lieu of the tax, said exemption certificate to comply with St~te Comptrbller's Ruling .007. Any -such exembtion 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 Tex~s Limited Sales, Excise, and Use Tax Act. On a contract awarded by a develop er for the construction of a publicly-owned improvement in a stree t right-of-way or other easement whi ~h has been dedicated to the public· arid the City of Fort Worth, an organization which qualifies Eor exemption pursuant to the provisions of Article <20.04 CH) of the Texas limited Sales, Ex~i se, and Use Ta x Act, the Contractor can probably be ex:e mpted in the sa me mann e r stated above. C6-6 (12) -- - ' ,. - "-- 'l. ., ,, . , t > '' " ' ' ;, I < '' Limited Sale, Excise from: and Use Tax permits and information can be obtained ' ' ' ,fi I ',;.. ,1 • ! t , f' Comptroller of Public Sale Tax Division Capitol Station Austin, TX ',• i, ., ,, " I' \ . ' ·~. ' l , :• Accounts p .I ~ .... \ t~.:'<: ., \1 ,' , .. , ,. :-\l' ·t,_ ,, ' '{, ~ ' ' . '.,,~ • A :'' ;' .... 1; "" t ~ ~. ll. 'Ill I ' .. ' • ,; ,, . ~ " . ' ;. •'I' -~ ,~. ' ' I .. f 4-,. ' '~;. ~ ·' .. C6-6 ( 13) , . " ;t· ,,. ~ \ ~ ' ,. •' ,, .... ' ' .. S1·'\. , t , c· t t ,,,: • , ~ . ' ' _..,. " ... j 'r '" I, '' r ',.-J ' . ' ·'· r;, " ' r 1 •• ·~ ,r <' 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 val.ue 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 workrnen 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, br 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 assignmerit 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 orderihg 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 earn~6 by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stat~d in these Contract Documents and shall conduct the work in a continuous manner and with .sufficient equipment, materials, ~nd labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be . at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall .not proceed with any deviation until he has received written approval from the Engineei. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of th~ complete performance of the Contract. The contract time may be changed only as set forth in Secfion C7-7.8 "Extension of Time of Completion" of this Ag~eement, and a progres~ schedule shall n6t coristitu~e a change in the contract time. C7-7.4 LIMITATiONS OF OPERATIONS: The working operatio~s shall at _ q ,ll . times be condui::ted by the Contractor so as to ·create · a mi~irnum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contr~ctor 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 c.ommenced 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 Con-tractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operatois, may be imported oniy 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 miscond~ct himself or b~ found to be incompetent, disrespectful, intemperate, dishonest, or r,""7 , I"')\ - - - - - ' ' otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall hav~ 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 consideied to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient work~ng condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working da y s shall be computed starting with the first day of work compl e ted as defined in Cl-1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. Any work to be done on _the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-1.24 and the Contr~ctor may work as he so desires. t . C7-7 (3) } • C7-7.7 TIME OF COMMENCEMENT AND COMPL~TION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall . be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole w6rk will be performed and-the primises cleaned ~pin accordance with the Contract Documents and within the .time established in such documents and such ext~nsion of time as may be properly authorized by the Owner. C7-7.B 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 ~e requested such request will be forwarded to the City Council for approval. In adjusting .the coritract time for completion of work, Consideration will be given to unforseeable 6auses bejond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner , fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for ext~nsion of time because of inclem~nt weather will not be considered. A request for extension of time due to inability to obtain supplies .and materials will be cbnsidered 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 mide ~ bonafide attempt to secure delivery on schedule. This shall include · « efforts to obtain the supplies and materials from alternate sources in case the f i rst source cannot make delivery. If satisfactory execution and completi6n of the contract should require work and materials in greater amounts or . quantities than those set forth in the approved Contract l Documents, then the co n tract tim~_may be _increased by Change Order. C7-7.9 DELAYS: The Contr~ctor shall receive no compe nsation for delays or hindran c es to the work, except -when direct and unavoidable e x tra cost to the Contractor .is caused by the failure of the City to provide info r mation or material, if C7-7 (4) ...... -' any, which i3 to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor . to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to 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 . th e 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 remai n uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedul~, unless otherwise ·specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive ~ 45.00 v $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to ~ 100,000 in=lusive ~ 154.00 v ~ $ 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 corn~leting the work · hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the ~Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation .due the City for harm caused by any delay. C7~7.ll SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of 'the work order~d by any court, a~d 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 Corirt Order. Neither will the Owner be liabl~ to the Contractor by virtue of any Court Order or actio~ 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 du~ to unsuitable weather conditions or any other unfavorable . conditions which in the opinion of the -Own~r 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 necessaiy to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public , unnecessarily nor become damaged in any way, and he ·shall take every precaution to prevent damage or deterioration of the work performedr he shall provid~ suitable drainage ib6ut the work, and erect temporary structl1res where necessary.··-- Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and withqut the fault or negligence of the Contractor as set .f_orth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETtON, and should it be determined by mutual consent of the Contractor and the Engineer that a ~elution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving . his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) - ,_ - - - - - that construction may be c2sumed. Such reimbursement shall be based on act~al cost to the Contractor of mouing the eq~ipment and no profit Nill be allowed. · No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort ~orth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whanever, 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 p2riod of two months, the Contractor shall within ;even days notify the City in writing, giving a detailed statement of the efforts which ~ave been made and li5ting all necessary items of labor, materials, and e~uipment not obtainable. If, after investigations, the Owner finds that such conditions.exi;ting 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 necas5ary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Own2r may comply with the request, and tha termination shall be conditioned and based upon a final settlement mutually acceptable to both the Ownar and the Contractor and final payment shall be made in accordanc~ with the t3~ms of th8 agreed settlement, which shall include, but not be limited to, the payment for all work execut~d but no anticipat~d profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: T~e work operations on all ~r any portion or section of the work under Contract shall be suspended immediately on written 0rdec oE tha Engineer or the Co~tract may b~ d~clar e d cancell~d by the City Council for any good ani sufficient cause. The following, ~y way of e ~ample, but not of limitation, may be considered gr~unds for suspension oc ~ancellation: ~-F~ilure of the Contr~ctor to commence wor~ operations within the time specified in the W?rk Order issued by the Owner. ~7-7 (7) . '· . ·, • j. b. Substantial evidence that progress of the work operations by -Contractor is insuff-icient to complete the work w~thin the specified time. c. Failure of the Contractor to pr~~ide and maintain sufficien t labor and equipment to .properly execute the working operations. d. . e. f. g. i. j. k. Substantial evidence that the Contractor has · abandoned the work. Substantial evidence that the Contractor has become insolvent or bankrupt, or otbeiwise financially unabl·e to carry on the work satisfactorily. Failuie on th~ part of the Contractor to obser~e any requirements of the Contract Documents or to cbmply with any orders giveri by th~ Engineer or . Owner prov ided for in these Contract Documents. Failure of the Cdntr a ctor promptly to ro~ke good any . defect in materials or workman~hip, or any defects of any ri~ture the correction of which :has been directed i n writing by the Engineer or the Owner~ Substantial evidence of collusioi for the purpose '~ of illega l ly procuring a contract or perpetr~ting (raud b~ th~ Citt in the construction o f work und~r contract. A substantial indication that the Contractor has made an unauthorized assignment -of the contract or · any funds due therefrom fo~ the henefit of any creditor or for any other purpose. If the Contractor _shall for any cause whatsoever nrit carry on the working operation iri an accep~able manner. If the Contractor commences legal action agai~st the Owner . A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When wor~ is suspended for ·any c~use or caus e s, or when the contract ,is cancelled, the Contractor shall discontinue the work or such part therP-of as the Owner 'shall designate, whereupon th e Sureties may, at t h ei ~ option, assume the contract or that porii6n fhe~e6~ ~hich the Own e r has ordered the Contractor to discontinue, and may p erform th e same or may, with the written C7-7 (8) - - - - - ·- consent of the Owner, ~ublet the work or that portion of the wor~ as ta~en over, provided howeve~, that the Sureties shall exercise their option, if at all, within two weeks after the ~ritten notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining ·due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to ~ssume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it ~ay deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, ·tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be requir~d to obtain the lowest bid for the wark completing the contract, but the expense to be deducted shall be the actual cost of the owner oE such work. In case such exoenses shall exceed the amount which would have been payable und;r the ·contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notic~ from th~ Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwis~. under the provisions of this section, the Contractor shall continue the remainder -of the wcrk in conformity with th~ terms of the Contract Documents and i~ such a manner as to not hi~der or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provid~d in any boad or bonds or by law, ~hen all the work and ~ll sections or parts of the project covere~ 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 t.he Owner. · . C7-7 •. 16 TERMINATION FOR CONVENIENCE OF THE OWNER: . A. B. NOTICE OF .TERMINATION: The perform~nce of the work under tpis contract may . be terminated by the . Owner in whole, pr from time · to time in part, in accordance with this section, wheriever the Owner shall determine that such termination is in the best_ interest of · the Owner. Any such termin:1tion shall be effected by mailing a notice of termination to the Contractor .specifying the extent to which perforrnanc~ of work under the · contract is tetminated, and the date upon which such termination becomes effective. Receipt of the notice shalL be de~med conclusively presumed and established when the lett~r 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 ~her~in stated; and no proof in any clai~, demand or suit shall be required of the Owner regarding such discretiorta~y action. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. 2. 3. Stop work under the contract on the date and to the ext~nt ~pecified in the notice of termi nation; place no further orders or subcontracts for m~terials, services or facilities except as ·may be necessary for co~pletion cif such oortion of the ~ork under the contract as ·is ~ . not termina te_d; · · terminate all orders and subcontr~cts to the e~tent that they relate to the performance of work terminated by the notice o .f:· termination; 4. transfer title to the· Owner and deliver in the manner, it the times, and to the extenti if any, dir~cted by the Engineer: '' - - - ....,.. _. - - - ~ , .. '; '' c. 5. 6. a. b. the Eabricat~d or unf~bric~ted 9act~, wor~ in process, complated work, suppl i ·=.s and other mat8r i,3.l produced as a part of, or acqui~ed in connection ~ith the performance of, the work termin~ted by the notice of termination; and the compl~ted, or partially completed plans, drawing:;, information and other- property which, if the contract had been completed, would have been required to be furnished to the Owner. complete performance of such part of the work as shall not have been terminated by the notice of term~pation; and take such action as ~ay be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has oc may acquire the rest. At a time not later than 30 day3 after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory not previously disposed of, exclusive of items tha disposition of which has been di~ec~ed or a~thorized by the Enginear. Not later than 15 day; theraafter, the Owner shall .accept title to such items provided, that the list submitted shall be subject t0 veriEication by the Engineer upon removal of th ,= items or, if the i terns are s tor-sd, within 45 days from the date of submission of the list, and any necessary adjustments to cocre~t th8 list as submitted, shall be mad~ prior to final settlement. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engi~eer in the form and with the certification pcescribe1 by the Engineer. Unless one or more extensions in writi~3 ar~ granted by the Owner upon request 0E th~ Contract~r, made in writin~ within such 60-day oeriod or authorized extension . thareof, any and all ;uch claims shall ~e conclusively deemed wai~ed. C7-7 Cll) ' ~· l' D. E. ... F. ,.• G. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the-Con~ractor and Owner may .agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or 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 paymepts othe~wise made and as further reduced by the contract p~ice of work not terminated. The cohtract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall · be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, 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~~ a~6unts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. 'FAILURE TO AGREE: In the event of the failu~~ of the Contractor and the Owner to agree as provided in c7~7.16 CD) upon the whole amount to be paid to the Contractor by reason of the termination bf work ·, pursuant to this section the Owner shall determine, on the basis of inform~tion 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. Ncr amourit shall be due for lost or ~nticipated profits. DEDUCTIONS: In arriving at tbe . amount due the contractor under this section, there shall be deducted Ca) all unliquidated advance or other payments on accobnt· ·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 contiact; and (c) the agreed pric~ foi, ot ·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. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the termifiated portion of this contract, the Contractor may file with the Engineer a request in writing f~r an C7-7 (12) . , - - - - - •· - - - - H. equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice 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. 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 re~ulations so as to protect person and pioperty from injury, including death, or damage in connection with the work. ·,iii- C7-7 (13) ·" . ,, r ,. PART C -GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT CB-8.l MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made . by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United Stateg Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. CB-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due 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. CB-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall · represent the total cost for the Contractor to furnish all labor, tools, materials, < machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. CB-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseeD defects or obstructions which may arise or be encountereq during the prosecution of the work at any time C8-8 C 1) ' ~- \ ' before its £inal acceptanc-e by the 0':'lner, (except as provided . in paragraph CS-5.14) for all risks of whate~ei descriotibn connected with the prosecut'i1;:rn of :toe -· }'lork, tor .all ex~pense incurred by or in consequence of suspension or di~continuance . of such prosecution of tbe working operations as her~in ·specified, 6r any and all infiingements 6f patents~ trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of the Con~ract Documents. · The payment of any curre~t 6r ~artiat esti~~te prior to final acceptanc~ of the work by the Owner shall in no way con~titute an acknowledgment of the acceptance of the work, materials., or equipment, noi in any way prejudice or affect the · obligations of the Contractor to repair, coriect, ren~w; oi replace at his own and proper expense any def~ct~ 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 dam~ge due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year .guaranty period after final ac~ep~ance. The O.w n e r s ha 11 be t he s o 1 e j _ u d g e o f s ·u c h d e f e ,c t s ~ imperfections, or damage, and the Contractor shall be liable · to the Owner for failuri to correct the same as pro1ided herein. · CB-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between th~ 1st ind 5th day of each mbnth the Contractor shall submit to the Engineer a statement showing an esiimat~ of the value of the work · done during the previous month, or estimate period under. the Contiact Dotuments. 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 estim~ted sum .will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) d~ys after th~ regular estimat~·period. The City will have the option of preparing estimates on forms furnished by the City .. 'The partial estimate may include acceptable nonp3rishable mat~rials delivered to the wo~k which are to be incorporated into the work as a permanent part thereof, but which at the th~ time of the estimate have not been installed. (such payment will be allowed on a basis 6f 85% of the net invoice value thereof.) The Contractor shall furnish th~ ~ngineer such information as he may request to aid -28-8 (2) - - - - - - - - - - - -; ,, 'f' ' ' " ' him as a guide in the verification or the prepar~tion of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done .or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. CB-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been comoleted in accordance with the terms of the Contract Doc~ments and all approved modifications thereof, the Engineer will initiate the processing of the final estimate a~d recommend final acceptance of the project and final ~ayment therefor as outlined in C8-8.8 below. CB-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimat8s upon which payment has been made are subject to necessary corrections or revisions in the final payment. CS-8 (3) The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor withiri 60 days aftei final acceptance by the Owner · on a proper resolution of the City Council, pro~ided the Contractor ha~ furnished to the Owner satisfactory evidence of payment as follows: Pri6r to submission of the final estimate for payment, the Contractor shall execute an affidavit, as £urnish~d by the City, certifying that all persons, firms, associations, corporations, or other organiiations furnishing labor and/or materials have been paid in full, that the wage scale establi~hed by the City Cotincil in the City of Fort Worth has been paid, and that there are no claims pen.ding 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 Do~uments or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other r~guirements of ·the Contract Documents wh i ch specifically continue thereafter. CB-8. 9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and design-=rs to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficienciy of the Contract Documen~s, the safety of the structure, and th~ practicability of the operations of the completed project, provided the Contractor has complied with the requi.rements ~f the .said Con~ract Documerits, all approved modifications thereof,· and additions .and alterations thereto approved 'in writing by the Owner. The burden of proof of such co~pliance shall be upon the Contractor to show . that he has complied with .the siid requirements of the Contract Documerits,. approv~d modifications ·thereof, and all approved additions and alterations the·reta. CB-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in th~ Contract Documents nor partial or ·entire occupancy or use 6f the pr e mises by the Owner shall constitute an acceptance of work not done in accordance with the Coritract Documents or relieve the Contractor of liability in respect to any e x press warranties or responsib i lity for faulty mat e rials or workm a nship. The Contractor shall r e me dy any def e cts or damages in the work and CB-8 (4) - - - - - - - pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of observed defects with reasonable promptness. C8-8.ll SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, 5uch as ·conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment _for miscellaneous placement of material will be made for only that amount of· material used, measured to the nearest one-tenth unit. Payment for miscellan e ous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. C8-8 (5) SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C -GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 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 pe five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3 .11 of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions. Revised 10/24/02 Pg. 1 D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" 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 si te 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 , employee s, 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 offi,cers, 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 receiv es a written claim for damages against the Contractor or its subcontractors prior to fin al payment , final payment shall not be made until Contractor either (a) submits to Owne r 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 perform ed 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 Revised 10/24/02 Pg.2 - - G. herein as applying to the ov erall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. C3-3 . l 1 INSURANCE : Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS " a. The City, its officers , employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102 , prior to commencement of work on the contracted project. c . Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal , and/or material change in policy terms or coverage . A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits , or self-funded retention limits , on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g . Other than worker 's compensation insurance , in lieu of traditional insurance , City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subro gation 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 lo ss recovery . Revised 10/24/02 Pg. 3 k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss . l. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools , materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks , copyrights , or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials , or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances , or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. CS-8 .10 GENERAL GUARANTY: Delete CS-8.10 , General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in Revised 10/24/02 Pg.4 - - respect to any express warranties or responsibility for faulty materials or workmanship . The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract 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 "N otice 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 mad e 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 fil ed 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 , pro vided 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 Revised 10/24 /02 Pg . 5 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 le t projects) make the following revisions : 1. Page C3-3(3); the paragraph after paragraph C3-3 .7d Other Bonds should be revised to read : In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2 . Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3 . Pg. C3-3(6), Paragraph C3-3 .11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions , Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following : C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books , documents , papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents , papers and records of such subcontractor, involving transactions to the subcontract, and further , that City shall have access during norma l working hours to all subcontractor facilities , and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits . Revised 10/24/02 Pg.6 - - ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 copies and under -10 cents per page 2, More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter M. SITEPREPARATION: 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 comm1ss10n of fraud will result in the Contractor being Revised 10/24/02 Pg. 7 determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years. P. WAGE RA TES: 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 , fo r 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 Go vernment 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 GENERAL .......................................................................................................................... 3 COORDINATION MEETING .............................................................................................. 4 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ..................... 5 COORDINATION WITH FORT WORTH WATER DEPARTMENT .................................... 7 CROSSING OF EXISTING UTILITIES ............................................................................... ? EXISTING UTILITIES AND IMPROVEMENTS .................................................................. 8 CONSTRUCTION TRAFFIC OVER PIPELINES ................................................................ 8 TRAFFIC CONTROL ......................................................................................................... 9 DETOURS ......................................................................................................................... 9 EXAMINATION OF SITE ................................................................................................ 9 ZONING COMPLIANCE ............................................................................................... 10 WATER FOR CONSTRUCTION .................................................................................. 10 WASTE MATERIAL ..................................................................................................... 10 PROJECT CLEANUP AND FINAL ACCEPTANCE ...................................................... 10 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK ................................. 10 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ............................ 10 BID QUANTITIES ......................................................................................................... 11 CUTTING OF CONCRETE .......................................................................................... 11 PROJECT DESIGNATION SIGN ................................................................................. 11 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT ...................................... 12 MISCELLANEOUS PLACEMENT OF MATERIAL. ....................................................... 12 CRUSHED LIMESTONE BACKFILL ............................................................................ 12 2 :27 CONCRETE ......................................................................................................... 12 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ......................................... 12 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS ............ 14 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) ................ 15 SANITARY SEWER MANHOLES ................................................................................ 15 SANITARY SEWER SERVICES ................................................................................ :.18 REMOVAL, SALVAGE , AND ABANDONMENT OF EXISTING FACILITIES ................ 20 DETECTABLE WARNING TAPES ............................................................................... 22 PIPE CLEANING .......................................................................................................... 22 DISPOSA..L OF SPOIL/FILL MATERIAL ....................................................................... 22 MECHANICS AND MATERIALMEN 'S LIEN ................................................................. 23 SUBSTITUTIONS ........................................................................................................ 23 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............. 23 VACUUM TESTING OF SANITARY SEWER MANHOLES .......................................... 26 BYPASS PUMPING ..................................................................................................... 27 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .......... 27 SAMPLES AND QUALITY CONTROL TESTING ......................................................... 29 TEMPORARY EROSION , SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................ 30 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ......................... 31 PROTECTION OF TREES. PLANTS AND SOIL. ......................................................... 31 SITE RESTORATION .................................................................................................. 32 CITY OF FORT WORTH STANDARD PRODUCT LIST .............................................. 32 TOPSOIL. SODDING , SEEDING & HYDROMULCHING ............................................. 32 CONFINED SPACE ENTRY PROGRAM ..................................................................... 37 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ............................ 37 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ...................... 38 CONCRETE ENCASEMENT OF SEWER PIPE .......................................................... 38 11129/04 SC-1 PART D -SPECIAL CONDITIONS 0-50 CLAY DAM ................................................................................................................... 39 D-51 EXPLORATORY EX CAVAT ION (D -HOLE) .................................................................. 39 D-52 INSTALLATION OF WATER FACILITIES .................................................................... 39 52 .1 Polyvinyl Chloride (PVC) Water Pipe ............................................................................ 39 52 .2 Blocking ....................................................................................................................... 39 52 .3 Type of Cas ing Pipe ..................................................................................................... 39 52 .4 Tie-Ins .......................................................................................................................... 40 52.5 Connect ion of Existing Ma ins ...................................................................................... .40 52 .6 Valve Cut-Ins ................................................................................................................ 41 52 .7 Water Services ............................................................................................................. 41 52.8 2-lnch Te m porary Service Line ................................................................................... .43 52 .9 Purg ing and Sterilizat ion of Water Lines ..................................................................... .44 52 .10 Work Nea r Pressure Plane Boundaries ....................................................................... .44 52 .11 Water Sample Station ................................................................................................. .44 52 .12 Ducti le Iron and Gray Iron Fitti ngs ............................................................................... .45 0-53 SPRINKLING FOR DUST CONTROL ......................................................................... .45 D-54 DEWATERING ............................................................................................................. 45 D-55 TRENCH EXCAVATION ON DEEP TRENCHES ........................................................ .45 D-56 TREE PRUNING .......................................................................................................... 46 D-57 TREE REMOVAL ........................................................................................................ .46 0 -58 TEST HO LES ............................................................................................................... 47 0 -59 PUBLIC NO TI FICATI ON PRIOR TO BEGINNING CONSTRUC TI ON AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION . .47 TRAFFIC BUTTONS .................................................................................................... 48 SAN ITARY SEWER SERVICE CLEANOUTS ............................................................. .48 TEMPORARY PAVEMEN T REPAIR ........................................................................... .48 CONSTRUCT ION STAKES ........................................................................................ .48 EASEMENTS AND PERMITS ..................................................................................... .49 PRE-CONSTRUCTION NEIGHBORHOOD MEETING ............................................... .49 WAGE RA TES ............................................................................................................ 50 REMOVA L AND DI SPOSAL OF ASBESTOS CEMENT PIPE ...................................... 51 STORM WATER POLLUTION PREVENTION (FOR DISTURB Ei:D AREAS GREATER THAN 1 ACRE) ............................................................................................................ 52 COORDINATION WITH THE CITY 'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYS T EMS .................................................................................... 53 0 -70 ADDITIONAL SUBMITTALS FOR CONTRACT AWAR0 ................................................. 54 0 -7 1 EARLY WARNING SYSTEM FOR CONSTRUCTION ..................................................... 54 D-7 2 AIR POLLU T ION WATCH DAYS ..................................................................................... 55 D-73 FEE FOR STREET USE PERMITS AND RE -INSPECTIONS .......................................... 55 1 112 9/04 SC-2 PART D -SPECIAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C1 - Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C - General Conditions and part C1 -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C - General Conditions and Part C 1 - Supplementary Cond itions of the Contract and this Part D, Part D shall control. FOR: PAVING , DRAINAGE AND WATER IMPROVEMENTS ON 2004 (CIP) -ARTERIAL STREET PROJECT CHAPEL CREEK BLVD (IH-30 TO CHAPIN RD) CITY PROJECT NO . 00139 D.O.E . No. 4794 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 here in contained , the Fort Worth Water Department's General Contract Documents and General Specifications , with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations , requirements , instructions , drawings or details referred to by manufacturers name , or identification include therein as specifying , referring or implying product control , performance , quality , or other shall be binding upon the contractor. The specifications and drawings shall be considered cooperative ; therefore , work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications , which general specifications shall govern performance of all such work . This contract and project , where applicable , may also be governed by the two following published specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS 11129/04 SC-3 PART D -SPECIAL CONDITIONS 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 Purchas ing 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 . T he Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division , PO Box 17027, Fort Worth , Texas 76102. 8 . WITHDRAWING PROPOSALS : Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made i n writing, addressed to the City Manager, and filed with him prior to the time set for the open ing of proposals . After all proposals not requested for non-consideration are opened and publicly read aloud , the proposals for which non-consideration requests have been properly filed may , at the option of the Owner, be returned unopened . C . TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communicatio n 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. 0-2 COORDINATION MEETING For coordination purposes , weekly meetings at the job site may be required to maintain the project on the desired schedule . The co ntractor shall be present at all meetings . 11129/04 SC-4 - - - - - PART D -SPECIAL CONDITIONS 0-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project , for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity . 3. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project , regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees . Th is includes , without limitation , independent contractors , subcontractors , leasing companies , motor carriers , owner operators , employees of any such entity , or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation , providing , hauling , or delivering equipment or materials , or providing labor, transportation , or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries , and delivery of portable toilets . B. The Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) or all employees of the Contractor providing services on the project , for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project , the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project , and provide the governmental entity : 1. A certificate of coverage , prior to that person beginning work on the project , so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and 2. No later than seven days after receipt by the contractor , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter . 1112 9/04 SC-5 PART D -SPECIAL CONDITIONS G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery , within ten (10) days after the contractor knew or should have known ,, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text , form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons 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 provid ing services on the project; and 7. Contractually require each person with whom it contracts , to perform as required by paragraphs (1)-(7), wi t h the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or caus ing to be provided a certificate of coverage , the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of t he 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- 1112 9/04 SC-6 - PART D -SPECIAL CONDITIONS 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 in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population . The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance . This includes persons providing , hauling , or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee ." Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage , or to report an employer's failure to provide coverage". D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project , it will be necessary to deactivate , for a period of time , existing lines . The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines . D-5 CROSSING OF EXISTING UTILITIES Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel , the sanitary sewer or sanitary sewer service line shall be made watertight or be constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping . The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping . Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps . Backfill , fittings , tie-ins and all other associated appurtenances required are deemed subsidiary work , the cost of which shall be ~ncluded in the price bid in the Proposal for each bid item . 11129/04 SC-7 PART D -SPECIAL CONDITIONS D-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures . However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location . It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities , service lines , or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support , protection and/or temporary relocation of all utility poles, gas lines , telephone cables , utility services , water mains , sanitary sewer lines, electrical cables , drainage pipes, and all other utilities and structures both above and below ground during construction . It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction . The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed . NO ADDITIONAL COMPENSATION WILL BE ALLOWED . Where existing utilities or serv ice lines are cut , broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction , or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line . He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their pro perty that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent , location , and depth ; they are shown on the plans as the best information available at the time of design , from the owners of the utilities involved and from evidences found on the ground . D-7 CONSTRUCTION TRAFFIC OVER PIPELINES It is apparent that certain construction vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions . It will be the responsibility of the Contractor to protect both the new 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 exist ing 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 . 1112 9/04 SC-8 PART D -SPECIAL CONDITIONS 0-8 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 6701d Vernon 's Civil Statutes, pertinent sections being Section Nos . 27, 29 , 30 and 31 . A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 871-8770, at the pre-construction conference . Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign , which has been erected by the City . If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division , (Phone Number 871-7738) to remove the sign . In the case of regulatory signs , the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas ." The cost of the traffic control is subsidiary work and the cost of same shall be included in the price bid for pipe complete in place as bid in the Proposal, and no other compensation will be allowed . 0-9 DETOURS The contracto r shall prosecute his work in such a manner as to create a minimum of interruption ta traffic and pedestrian facilities and to the flow of vehicu lar and pedestrian traffic within the project area. 0-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties , procedures for protecting existing improvements and disposition of all materials to be removed . Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give , rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. 11129/04 SC-9 PART D -SPECIAL CONDITIO,NS 0-11 ZONING COMPLIANCE During the construction of this project , the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . 0-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction . 0-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property . 0-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items . Clean up work shall be done as directed by the Engineer as the work progresses or as needed . If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis . Clean up work s hall include , but not be limited to : • Sweeping the street clean of dirt or debris • Stori ng excess materia l in appropriate and organized manner • Keeping trash of any kind off of residents ' property If the Engineer does not fee l 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 th is project as soon as all construction has been completed. No more than seven days shall elapse after completion of construction before the roadway , right-of-way , or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative . This cleanup shall include removal of all objectionable rocks , pieces of asphalt or concrete and other construction materials , and in general preparing the site of the work in an orderly manner and appearance . The City of Fort Worth Department of Engineering shall give final acceptance of the completed project work . 0-15 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup . The Contractor shall not commence with water and/or sanitary sewer installat ion until such time that the survey cut-sheets have been received from the City inspector. 0-16 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1112 9/04 SC-10 PART D -SPECIAL CONDITIONS 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes , derricks, power shovels, drilling rigs , pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING -UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines , notification shall be given the power company (ONCORE) who will erect temporary mechanical barriers, de-energize the lines , or raise or lower the lines . The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCORE, and shall record action taken in each case . 4. The Contractor is required to make arrangements with the ONCORE company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 0-17 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities . There is no limit to which a bid item can be increased or decreased . Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities . 0-18 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item . 0-19 PROJECT DESIGNATION SIGN Project signs are required at all locations . It shall be in accordance with the attached Figure 30 (dated 9-18-96). The signs may be mounted on skids or posts . The Engineer shall approve the exact locations and methods of mounting . In addition to the 4 ' x 8' project signs , project signs shall be attached to barricades used where manhole rehabilitation or replacement is being conducted. Signs suspended from barricading shall be placed in such a way that signs do not interfere with reflective paint or coloring on the barricades . Barricade signs shall be in accordance with Figure 30 , except that they shall be 1 '-0 " by 2'-0 " in size . The information box shall have the following information : For Questions on this Project Call: 1112 9/04 (817) 871-8306 M-F 7:30 am to 4 :30 p.m. or (817)871-8300 Nights and Weekends SC-11 \ PART D -SPECIAL CONDITIONS Any and all cost for the requ ired materials , labor, and equ i pment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed . 0-20 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full 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 item for concrete sidewalk or driveway repair. 0-21 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions . Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. 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. 0-24 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots , driveways , gravel surfaced roads , within easements , and within existi ng or future R.O.W. shall be in accordance with Sections E1-2 Backfill 1112 9/04 SC-12 PART D -SPECIAL CONDITIONS and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein . 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded , either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded , the Contractor will be required to support the pipe with an improved trench bottom . The expense of such remedial measures shall be entirely the Contractor's own . All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2 . TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P . I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes . If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E 1-2 .3 , Type "C" or "D" Backfill , and E2-2 .11 Trench Backfill for add itional requirements. When Type "C" back-fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general , all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces , lumps of clay , soil , loam or vegetable matter and shall meet the following gradation : • Less than 10% passing the #200 sieve • P .I. = 10orless 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 outs ide existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S .T.M . 0698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment 1 112 9/04 SC-13 PART D -SPECIAL CONDITIONS tires , provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe . The City, at its own expense , will perform trench compaction tests per A.S .T.M . standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City . These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City . 4 . MEASUREMENT AND PAYMENT: All material , with the exception of Type "B" backfill, and labor costs of excavation and backfi ll will be included in the price bid per linear foot of water and sewer pipe . Type "B" backfill shall be paid for at a pre-bid unit price of $15 .00 per cubic yard . 0-25 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition , thickness, etc ., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts , Figures 2000-1 through 2000-3. The results of the street cores that were conducted on the project streets , to determine HMAC depths on existing streets , are provided in these specifications and contract documents . All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench , a minimum of twelve (12) inches outside the trench walls . The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface . This finished grade shall be maintained in a serviceable condition until the paving has been replaced . All residential driveways shall be accessible at night and over weekends . It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width . Therefore , at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line . The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving . If paving conditions are not suitable for repaving , in the opinion of the Owner, the repaving shall be done at the earliest possible date . A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ord inance No . 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Department of Engineering will inspect the pav ing repair after construction . This 11/2 9/04 SC-14 PART D -SPECIAL CONDITIONS permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering . 0-26 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) A. GENERAL: This specification covers the trench safety requirements for all trench excavations exceeding depth of five (5) feet in order to protect workers from cave-ins . The requirements of this item govern all trenches for mains, manholes , vaults , service lines , and all other appurtenances . The design for the trench safety shall be signed and sealed by a Registered Professional Engineer licensed in Texas . The trench safety plan shall be specific for each water and/or sanitary sewer line included in the project. B. STANDARDS : The latest version of the U .S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Sub-Part P -Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety . C . DEFINITIONS : 1. TRENCHES -A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width , where the width measured at the bottom is not greater than fifteen (15) feet. 2 . BENCHING SYSTEM -Benching means excavating the sides of a trench to form one or a series of horizontal level or steps , usually with vertical or near-vertical surfaces between levels . 3 . SLOPING SYSTEM -Sloping means excavating to form sides of a trench that are inclined away from the excavation . 4. SHIELD SYSTEM -Shields used in trenches are generally referred to as "trench boxes " or "trench shields ". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure . Shields can be permanent structures or can be designed to be portable and move along as the work progresses . Shields can be either pre-manufactured or job-built in accordance with OSHA standards . 5 . SHORING SYSTEM -Shoring means a structure such as a metal hydraulic , mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins . Shoring systems are generally comprised of cross-braces , vertical rails , (uprights), horizontal rails (wales) and/or sheeting . D . MEASUREMENT -Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation . The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT -Payment shall be full compensation for safety system design , labor, tools, materials , equipment and incidentals necessary for the installation and removal of trench safety systems . 0-27 SANITARY SEWER MANHOLES 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 Spec ial Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in 11129/04 SC-15 PART D -SPECIAL CONDITIONS accordance with sections E1-14 Materials for Sanitary Sewer Manholes , Valve Vaults , Etc ., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications , unless amended or superseded by requirements of this Special Condition . For new sewer line installations , the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines . The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction . 1. CONCRETE COLLARS : Concrete collars will be required on all manholes specified as per Figure 121 . 2. WATERTIGHT MANHOLE INSERTS: Watertight gasket manhole inserts shall be installed in all sanitary sewer manholes . Inserts shall be constructed in accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and installed according to the manufacturer's recommendations. Stainless Steel manhole inserts shall be required for all pipe diameters 18 " and greater. 3. LIFT HOLES : All lift holes shall be plugged with a pre-cast concrete plug . The lift hole shall · be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4 . FINAL RIM ELEVATIONS: Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one ( 1) nor less than one-half ( 1 /2) inch above the surrounding ground . Backfill shall provide a uniform slope from the top of manhole casting 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 elevat ion 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 li ds 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 . 11129/04 SC-16 PART D -SPECIAL CONDITIONS 9 . MANHOLE JOINT SEALING: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick, or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation , evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The Joint sealer shall remain totally flexible without shrinking, hardening , or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furnish an affidavit attesting to the successful use of the product as a pre-formed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. B. EXECUTION : 1. INSTALLATION OF JOINT SEALANT: Each grade adjustment ring and manhole frame shall be sealed with the above-specified materials . All surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt , sand, mud, or other foreign matter. The manufacturer shall apply a primer to all surfaces prior to installing the joint sealant in accordance with the recommendations. The protective wrapper shall remain on the joint sealant until immediately prior to the placement of the pipe in the trench . After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on Bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of Bitumastic joint sealer. 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES : Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. 11129/04 Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings . Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick , block materials other than pre-cast concrete rings , or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section . Pre-cast concrete rings, or a pre-cast concrete flattop section will be the only adjustments allowed . In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame . If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame . Existing brickwork , if damaged by the Contractor, shall be replaced at the Contractor's expense . W ire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface. If the inside diameter of the manhole is too large to safely support new adjustment rings or frames, a flat top section shall be installed. SC-17 PART D -SPECIAL CONDlTtONS Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre-formed gasket material. Position the butt joint of each length of joint material on opposite sides of the manhole. No steel shims , wood, stones , or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame . In paved areas or future paved areas , castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of the casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation . Allowances for the compression of the joint material shall be made to assure a proper final grade elevation . 3. EXPOSED EXTERIOR SURFACES : All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy . Kopper "Bitumastic Super Service Black"; Tnemec "46-450 Heavy Tnemecol ", or equal , to a minimum of 14 mils dry film thickness . 4 . The exterior surface of all pre-cast section joints shall be thoroughly cleaned with a wire brush and then waterproofed with a 1/2-inch thick coat of trowelable bitumastic joint sealant from 6- inches below to 6-inches above the joint. The coated joint shall then be wrapped with 6 mil plastic to protect the sealant from damage during backfilling. C. MEASUREMENT AND PAYMENT: The price bid for new manhole installations shall include all · labor, equipment, and materials necessary for construction of the manhole including, but not limited to , joint sealing , lift hole sealing and exterior surface coating . Payment shall not include pavement replacement , which if required , shall be paid separately . The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to, excavation , backfill , disposal of materials , joint sealing , lift hole sealing and exterior surface coating. Payment shall not include pavemen t replacement , which if required , shall be paid separately . The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole, including but not limited to, joint sealing , lift hole sealing , and exterior surface coating . Payment for concrete collars will be made per each . Payment for manhole inserts will be made per each. 0-28 SANITARY SEWER SERVICES Any reconnection, relocation, re-routes , replacement , or new sanitary sewer service shall be required as shown on the plans , and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps . The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees . City approved factory manufactured saddle taps may be used , but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis . The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice 1112 9/04 SC-18 - PART D -SPECIAL CONDITIONS shall be given when taps will be required . Severed service connections shall be maintained as specified in section C6-6 .15. D. SEWER SERVICE RECONNECTION : When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap . The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees . The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut appl ications, all sanitary sewer service lines shall be replaced to the property or easement line , or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps . Payment for work such as backfill , saddles, tees, fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps. E . SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer as required for the connection of the sewer service line . If the sewer service line is in such condition or adjustment necessitates the replacement of the sewer service line , all work shall be performed by a licensed plumber . The Engineer shall determine the length of the replacement. All sewer services shall be installed at a minimum of two (2) percent slope or as approved by the Engineer. For situations involving sewer service re-routing , whether on public or private property , the City shall provide line and grade for the sewer service lines as shown on the project plans . Prior to installing the applicable sewer main or lateral and the necessary service lines , the Contractor shall verify (by de- holing at the building clean-out) the elevations (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main, in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is sat isfied . Elevations shall also be verified at all bend locations on the service re-route . All applicable sewer mains, laterals and affected service lines that are installed without pre- construction de-holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted . All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied . If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans , the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied . Prior to backfilling , the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted . All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor's expense. The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code. Connection to the existing sewer service line shall be made with appropriate adapter fittings . The fitting shall be a urethane or neoprene coupling A.S.T .M. C-425 with series 300 stainless steel compression straps. The Contractor shall remove the existing clean-out and plug the abandoned sewer service line . 1112 9/04 SC-19 PART D -SPECIAL CONDITIONS The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property. Furthermore , the contractor shall utilize the services of a licensed plumber for all service line work on private property . Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the serv ice line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be prov ided to the Engineer upon completion of the sanitary sewer re-route . Payment for work and materials such as backfill , removal of existing clean-outs, plugging the abandoned sewer service line, double checking the grade of the installed service line , pipe fittings , surface restorat ion on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way . Payment for all work and material involving the "tap " shall be included in the price bid for sanitary sewer service taps . D-29 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans , and/or described in these Special Cont ract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-2 . 7 Removing Pipe , of the General Contract Documents and Specifications , unless amended or superseded by requirements of this Special Condition . A. SALVAGE OF EXIST ING 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 sha ll 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 Departme nt warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . D. SALVAGE OF EXISTING GATE VALVE : Existing gate valve and valve box and lid shall be removed and returned to t he Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials . The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . If the valve is in a concrete vault , the vault shall be demolished in place to a point no less than 18 " below final grade . 11129/04 SC-20 PART D -SPECIAL CONDITIONS E. ABANDONMENT OF EXISTING GATE VALVE : Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade. Concrete shall then be used as backfill material to match existing grade. F. ABANDONMENT OF EXISTING VAULTS : Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade . G . ABANDONMENT OF MANHOLES : Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete . Manhole top or cone section shall be removed to the top of the full barrel diameter section, or to point not less than 18 inches below final grade . The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material may be either clean washed sand of clean , suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding service surface . Payment for work involved in backfilling , plugging of pipe(s) and all other appurtenances required , shall be included in the appropriate bid item - Abandon Existing Sewer Manhole. H. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected . The complete manhole , including top or cone section , all full barrel diameter section , and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill , as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. I. CUTTING AND PLUGGING EXISTING MAINS : At various locations on this project, it may be required to cut , plug , and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines . Cutting and plugging existing mains and/or services shall be considered as incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required . J . REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required , it shall be the Contractor's responsibility to properly dispose of all removed pipe . All removed valves, fire hydrants and meter boxes shall be delivered to Water Department Field Operation , Storage Yard. C. PAYMENT: Payment for all work and material involved in salvaging , abandoning and/or removing existing facilities shall be included in the linear foot bid price of the pipe, except as follows : separate payment will be made for removal of all fire hydrants , gate valves , 16 inch and larger, and sanitary sewer manholes, regardless of location . Payment will be made for salvaging, abandoning and/or removing all other existing facilities when said facility is not being replaced in the same trench (i.e., when removal requires a separate trench). 1112 9/04 SC-21 PART D -SPECIAL CONDITIONS L. ABANDONMENT OF EXISTING SEWER LINES : Where plans call for abandonment of existing sewer mains after the construction of a new sewer main, the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new main. Once this determination has been made , the existing main will be abandoned as indicated above in Item I. 0-30 DETECTABLE WARNING TAPES Detectable underground utility warning tapes wh ich 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). 0-31 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors . Each joint shall be swept daily and kept clean du ring installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage . 0-32 DISPOSAL OF SPOIUFILL MATERIAL Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of Engineering Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Floo d 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 requ ired if disposal sites are not in a floodplain . Approval of the Contractor's disposal sites shall be ev idenced 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 d ispose of such materials in accordance with the Ordinances of the City and this section . 1112 9/04 SC-22 PART D -SPECIAL CONDITIONS 0-33 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of mechanics and material men 's liens upon receipt of payment. 0-34 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal ", or "or approved equal " is used , it is understood that if a material, product, or piece of equipment bearing the name so used is furnished , it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City . If a product of any other name is proposed for use , the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute . Where the term "or equal ", or "or approved equal " is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full 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 "subst itutions " 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 locat ion), 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 sew.er service taps , other sewer laterals and their location . Work shall consist of furnishing all labor, material , and equ ipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television . Sat isfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT : The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation . The equipment shall also have a selection of two or more high-velocity nozzles . The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned . Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor . The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank , auxiliary engines , pumps , and hydraulically driven hose reel. 1112 9/04 Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer . The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease . If sewer cleaning balls or other equipment , which cannot be collapsed , is used , special precautions to prevent flooding of the sewers and public or private property shall be taken . The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible . SC-23 PART D -SPECIAL CONDITIONS 2. CLEANING PROCEDURES : The designated sewer manholes shall be cleaned using high- velocity jet equipment. The equipment shall be capable of removing dirt, grease , rocks , sand, and other materials and obstructions from the sewer lines and manholes . If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted . If, again , successful cleaning cannot be performed or equipment fails to traverse the 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. T he Contractor shall be responsible for the water meter and related charges for the setup , including the water usage bill. All expenses shall be considered incidental to cleaning. 3. DEBRIS REMOVAL AND DISPOSAL: All sludge , dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned . Passing material from manhole section to manhole section , which could cause line stoppages , accumulations of sand in wet wells , or damage pumping equipment, shall not be permitted . 4 . All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a s ite 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 thro ugh the sewer line . 1112 9/04 When manually operated winches are used to pull the television camera through the line , telephones or other suitable means of communications shall be set up between the two SC-24 PART D -SPECIAL CONDITIONS manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized . All television inspection videotapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable , or the 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 develop ing , 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 Contracto r's operations . 4 . VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and aud io 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 . 1112 9/04 Equipment shall be provided to the City by the Contractor for review of the tapes . The Engineer will return tapes to the Contractor upon completion of review . Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re -televise and provide a good tape of the line at no additional cost to the City . If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also , no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected . The Engineer will return tapes to the Contractor upon completion of review . All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. SC-25 PART D -SPECIAL CONDITIONS C . PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre-Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a lega l dump site . Television inspection sha ll 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 install ing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents. All bypass pumping shall be incidental to the project. D-36 VACUUM TESTING OF SANITARY SEWER MANHOLES D. GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes . 8. EXECUTION : 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place . Lift holes shal l' be plugged, and all drop-connections and gas sealing connections shall be installed prior to testing . 1112 9/04 The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole . The plugs shall be installed in the lines beyond the drop- connections , gas seali ng connections , etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations . A vacuum of ten inches of mercury (10"Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed , the level of vacuum shall be read after the required test time . The required test time shall be determined from the Table I below in accordance with ASTM C1244-93 : Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (1 O"Hg -9"Hg) (SEC) SC-26 PART D -SPECIAL CONDITIONS Depth of MH . 48-lnch Dia . 60-lnch Dia . (FT.) Manhole Manhole Oto 16 ' 40 sec. 52 sec. 18 ' 45 sec . 59 sec. 20' 50 sec. 65 sec . 22' 55 sec. 72 sec . 24' 59 sec. 78 sec . 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 ma.nhole 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 plugg ing existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the Contractor be permitted to discharge sewage into the trenches . Payment shall be incidental to rehabilitation or replacement of the sewer line . D-38 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A. GENERAL: After construction , ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material , and equipment necessary for inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 1112 9/04 SC-27 PART D -SPECIAL CONDITIONS B. TELEVISION INSPECTION EQUIPMENT : The television camera used for the inspection shall be one specifically designed and constructed for such inspection . Lighting for the camera shall be operative in 100% humidity conditions . The camera , television monitor , and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory , equipment shall be removed and no payment will be made for an unsatisfactory inspection . 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 opera ted 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 interpolat ion for depth of manhole , will not be allowed . Accuracy of the distance meter shall be checke d 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 do ne immediately following the lacing of the main with no water flow . If sewer is active , flow must be restricted to provide a clear image of sewer being inspected . 2 . DOCUMENTATION : Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection . All television logs shall be referenced to stationing as shown on the plans . A copy of these television logs will be supplied to the City . 3 . PHOTOGRAPHS : Instant developing , 35 mm , or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 1112 9/04 SC -28 - PART D -SPECIAL CONDITIONS 4 . VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed . Video tape recording playback shall be at the same speed that it was recorded . The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days . Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer . Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the City . If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera . D. PAYMENT OF POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS : The cost for post-construction Television Inspection of sanitary sewers shall be per linear foot of sewer televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to sewer conditions and for providing appropriate means for review of the tapes by the Engineer. Television inspection shall include necessary cleaning (hydraulic jet or mechanical cleaner) to provide video image required for line analysis . The quantity of TV inspection shall be measured as the total length of new pipe installed. All costs associated with this work shall be included in the appropriate bid item -Post-Construction Television Inspection. The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable , regular sewer service to the area residents . All bypass pumping shall be incidental to the project. 0-39 SAMPLES AND QUALITY CONTROL TESTING A. The Contractor shall furnish , at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken . The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto . B . Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement , and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City . C . Quality control testing of in-place material on this project will be performed by the city at its own expense . Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City . The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. 11 12 9/04 SC-29 PART D -SPECIAL CONDITIONS D . Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested . E. The Contractor shall provide a copy of the t rip 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. 0-40 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION : This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to contro l conditions created by his construction operations . The temporary measures shall include dikes , dams , berms, sediment basins, fiber mats , jute netting, tempo rary seeding , straw mulch , asphalt mulch, plastic liners , rubble liners, baled-hay retards , dikes, slope drains and other devices. B . CONSTRUCTION REQUIREMENTS : The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way , clearing and grubbing , the surface area of erodible-earth material exposed by excavation , borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams , other water courses, lakes , ponds or other areas of water impoundment. Such work may involve the construction of temporary berms , dikes , dams , sediment basins , slope drains and use of temporary mulches, mats , seeding , or other control devices or methods directed by the Engineer as necessary to control soil erosion . Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pqllut ion control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of- way , clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching , seeding , and other such permanent pollution-control measures current in accordance with the accepted schedule . Should seasonal conditions make such limitations unrealistic , temporary soil-erosion-control measures shall be performed as directed by the Engineer. 2 . Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 3 . Frequent fordings of live streams will not be permitted ; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary . Unless otherwise approved in writing by the Eng ineer, mechanized equipment shall not be operated in live streams . 4. When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream . 11 129104 SC-30 PART D -SPECIAL CONDITIONS 5. All waterways shall be cleared as soon as practicable of false work, piling , debris or other obstructions placed during construction operations that are not a part of the finished work . 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels , oils , bitumen , calcium chloride or other harmful materials . He shall 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 th is 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 be ing removed and/or rebuilt. D-42 PROTECTION OF TREES, PLANTS AND SOIL All property along and adjacent to the Contractors ' operations including lawns , yards , shrubs , trees , etc ., shall be preserved or restored after completion of the work , to a condition equal to or better than existed prior to start of work . Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense . Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners ' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing . By ordinance , the Contractor must obtain a permit from the City Forester before any work (tr imming , removal , or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys . This permit can be obtained by calling the Forestry Office at 871-5738 . All tree work shall be in compliance with pruning standards for Class II Prun ing as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City . To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. 1112 9/04 SC -31 PART D -SPECIAL CONDITIONS D-43 SITE RESTORATION The contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus minus one-tenth (0 .1) of a foot. 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 Serv ices Department Specifications for Topsoil , Sodding and Seeding . 1. TOPSOIL DESCRIPTION : This item will consist of furnishing and placing a minimum of six (6) inches of topsoil , free from rock and foreign material , in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS : Topsoil will be secured from borrow sources as required to supplement material secured from street excavation . All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations , topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways . 2. SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda , Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces , in median strips , on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification . Recommended Buffalo grass varieties for sodding are Prairie and 609 . MATERIALS : Sod shall consist of live and growing Bermuda , Buffalo or St. Augustine grass secured from sources where the soil is fertile . Sod to be placed during the dormant state of these grasses shall be alive and acceptable . Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots . St. Augustine grass sod shall have a healthy, virile root system of dense , thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots . The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hard iness 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. 11129/04 SC-32 PART D -SPECIAL CONDITIONS Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting . Sod material shall be kept moist from the time it is dug until planted . When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating . Sod material shall be planted within three days after it is excavated . CONSTRUCTION METHODS : After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of the contract, sodding of the type specified shall be performed in accordance with the requirements hereinafter described . Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass . a. Spot Sodding Furrows parallel to the curb line or sidewalk lines , twelve (12) inches on centers or to the dimensions shown on the Drawings , shall be opened on areas to be sodded . In all furrows , sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade . Holes of equivalent depth and spacing may be used instead of furrows . The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy , hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression . Hand tamping may be required on terraces . b . Block Sodding . At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas . The sod shall be so placed that the entire designated area shall be covered , and any voids left in the block sodding shall be filled with additional sod and tamped . The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass . Surfaces of block sod, which , in the opinion of the Engineer, may slide due to the height or slope of the surface or nature of the soil , shall ,. upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place . When necessary , the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time sodding operations were begun . Any excess dirt from planting operations shall be spread uniformly over the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a sightly appearance . The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and in a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth . 3. SEEDING DESCRIPTION : "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications . 1112 9/04 SC-33 PART D -SPECIAL CONDlTlONS MATERIALS : a . General. All seed used must carry a Texas Testing Seed label showing purity and germination , name, type of seed , and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germina~ion : 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) Buffalog rass 80 Bermudagrass 20 Total : 100 Total : 100 Table, 120.2.(2)b Mixture for Sandy Soils (All Sections) Bermudagrass 60 Buffalograss 40 Total : 100 TEMPORARY COOL-SEASON SEEDING RATE; (lb.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total : 100 CONSTRUCTION METHODS: After the designated areas have been completed to the lines , grades, and cross-sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described . a . Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed . 11 12 9/04 SC-34 PART D -SPECIAL CONDITIONS b . Finishing . Where applicable, the shoulders , slopes , and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun . BROADCAST SEEDING : The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed . If the sowing of seed is by hand , rather than by mechanical methods , the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section D-45 , Construction Methods, is not applicable since no seed bed preparation is required . DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45 , Construction Methods. 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 mechan ical 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 s ix (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 appl ied , the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth . The application of asphalt shall follow the last watering as rapidly as possible . Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300 , "Asphalts , Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings , or if Drawings are not included , then MS-2 shall be used . Applications of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard . It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth . 1112 9/04 SC-35 PART D -SPECIAL CONDITIONS RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES : Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120 .2(2)a . The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turf and achieve adequate soil penetration. * Slit-seeding , is achieved through the use of an implement which cuts a furrow (slit) in the soil and places the seed in the slit which is then pressed close with a cult packer wheel. 4 . HYDROMULCH SEEDING : If hydro mulch seeding is provided , seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shall ensure that the grass establishes. 5. CONSTRUCTION WITHIN PARK AREAS TURF RESTORATION OF PARK AREAS: FERTILIZER DESCRIPTION : "Fertilizer" will consist of providing and distributing fertilizer over such areas as are designated on the Drawings and in accordance with these Specifications . MATERIALS : All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fort Worth in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis of 16-20-0 or 16-5- 8 or having the analysis shown on the Drawings . The figures in the analysis represent the percent of nitrogen , phosphoric acid , and potash nutrients respectively as determined by the methods of the Association of Official Agricultural Chemists . In the event it is necessary to substitute a fertilizer of a different analysis , it shall be a pelleted or granulated fertilizer with a lower concentration . Total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. CONSTRUCTION METHODS : When an item for fertilizer is included in the Drawings and proposal , pelleted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. Fertilizer shall be dry and in good physical condition . Fertilizer that is powdered to caked will be rejected . Distribution of fertilizer as a particular item of work shall meet the approval of the Engineer. Unless otherwise indicated on the Drawings, fertilizer shall be applied uniformly at the average rate of three hundred (300) pounds per acre for all types of "Sodding" and four hundred (400) pounds per acre for all types of "Seeding". MEASUREMENT: Topsoil secured from borrow sources will be measured by the square yard in place on the project site . Measurement will be made only on topsoils secured from borrow sources . Acceptable material for "Seeding" will be measured by the linear foot , complete in place. Acceptable material for "Sodding" will be measured by the linear foot , complete in place . 1112 9/04 SC-36 PART D -SPECIAL CONDIT l,ONS Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding . PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading , hauling , placing and furnishing all labor, equipment , tools , supplies , and incidentals necessary to complete work . All labor, equipment, tools and incidentals necessary to supply, transport , stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding " bid items and will not be paid for directly . "Spot sodding" or "block sodding" as the case may be , will be paid for at the contract unit price per square yard, complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod ; for all rolling and tamping; for all watering ; for disposal of all surplus materials ; and for all materials , labor, equipment, tools and incidentals necessary to complete the work , all in accordance with the Drawings and these Specifications. The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "Seeding", or "Sodding", of the type specified , as the case may be , which price shall each be full compensation for furnishing all materials and for performing all operations necessary to complete the work accepted as follows : Fertilizer material and application will not be measured or paid for directly , but is considered subsidiary to Sodding and Seeding . 0-46 CONFINED SPACE ENTRY PROGRAM It shall be the responsibility of the contractor to implement and maintain a variable "CONFINED SPACE ENTRY PROGRAM" which must meet OSHA requirements for all its employees and subcontractors at all times during construction . All active sewer manholes , regardless of depth , are defined by OSHA , as "permit required confined spaces ". Contractors shall submit an acceptable "CONFINED SPACE ENTRY PROGRAM " for all applicable manholes and maintain an active file for these manholes . The cost of complying with this program shall be subsidiary to the pay items involving work in confined spaces. 0-47 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 need ing 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 . 1112 9/04 SC-37 PART D -SPECIAL CONDITl:ONS 10 . Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price . Contractor shall still be required to address all other deficiencies , which are discovered at the time of final inspection. 11 . Final inspection shall be in conformance with general condition item "C5-5 .18 Final Inspection" of PART C -GENERAL CONDITIONS . D-48 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) 1. The Contractor shall be responsible for taking measures to minimize damage to tree limbs, tree trunks , and tree roots at each work site. All such measures shall be considered as incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering . 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a "snow fence" along the drip line or edge of the tree root system between tree and the construction area . 3 . Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations . The Engineer shall be notified at least 24 .., hours prior to any tree trimming work . No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area of any tree. 5 . Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a minimum depth of 2 feet. 6 . At designated locations shown on the drawings, the "short tunnel" method using Class 51 0.1. pipe shall be utilized. 7. Except in areas where clearing is allowed , all trees up to 8" in diameter damaged during construction shall be removed and replaced with the same type and diameter tree at the contractor's expense . 8. Contractor shall employ a qualified landscaper for all the work required for tree care to ensure utilization of the best agricultural practices and procedures . 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted . D-49 CONCRETE ENCASEMENT OF SEWER PIPE Concrete encasement of sewers shall be paid for at the Contract Unit Price per linear foot of concrete encasement as measured in place along the centerline of the pipe for each pipe diameter indicated . The Contract Unit Price shall include all costs associated with installation and reinforcement of the concrete encasement. 1112.9/04 SC-38 PART D -SPECIAL CONDITtONS 0-50 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. 0-51 EXPLORATORY EXCAVATION (0-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction, in accordance with item D-6 . At locations identified on the drawings , contractor shall conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer . Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications . The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the general public and to meet the approval of the City inspector. The contractor shall be liable for any and all damages incurred due . to the exploratory excavation (D-Hole). Payment shall not be made for verification of existing utilities per item D-6 . Payment for exploratory excavation (D -Hole), at locations identified on the plans or as directed by the Engineer, shall include full compensation for all materials, excavation, surface restoration , field surveys , and all incidentals necessary to complete the work , shall be the unit price bid . No payment shall be made for exploratory excavation(s) conducted after construction has begun . 0-52 INSTALLATION OF WATER FACILITIES 1112 9/04 52.1 Polyvinyl Chloride (PVC) Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents . Payment for work such as backfill , bedding , blocking , detectable tapes and all other associated appurtenant required , shall be included in the linear foot price bid of the appropriate BID ITEM(S). 52.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents . All valves shall have concrete blocking provided for supporting . No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve . 52.3 Type of Casing Pipe 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and SC-39 11 /29/04 PART D -SPECIAL CONDITIONS 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 outs ide of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above . C. Minimum thickness for casing pipe used shall be 0 .375 inch. Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non -concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig . 110 of the General Contract Documents. 3. PAYMENT : Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 52.4 Tie-Ins The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line ~ tie-ins. · And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction . The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe . 52.5 Connection of Existing Mains The Contractor shall determine the exact location , elevation , configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations , elevation , configuration , and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum . In case of shutting down an existing main, the Contractor shall notify the Manager, Construction Services, Phone 871-7813 , at least 48-hours prior to the required shut down time . The Contractor's attention is directed to Paragraph C5-5 .15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location , time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection . Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size . SC-40 PART D -SPECIAL CONDITIONS 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 (E 1-17 & E 1-18) contained in the General Contract Documents . All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade . All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1-inch Type K copper , 1-inch diameter tap saddle when required , and 1-inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A m inimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section CS-5 .15 INTERRUPTION OF SERVICE . All water service meters shall be removed , tagged , and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction . The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings , and corporation stop . 1112 9/04 Payment for all work and materials such as backfill , fittings , type K copper tubing , curb stop with lock wings , service line adjustment, and any relocation of up to 12-inches from center line SC-41 PART D -SPECIAL CONDITIONS existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Cop per Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation . Payment for all work and materials such as tap saddle (if required), corporation stops , and fittings shall be included in the price bid for Service Taps to Main . 1. WATER SERVICE RECONNECTION : Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction . The cont ractor shall adjust the existing water service line as requ ired for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Ma in for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2 . WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location , separate payment will be allowed for the reloca t ion of service meter and meter box. Centerl ine is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line . When relocation of service meter and meter box is required , payment for all work and materials such as backfill , fittings , five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation . All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when t he service line is not being replaced . Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time . Locations with multiple service branches will be paid for as one service meter and meter box relocation . 4 . NEW SERVICE : When new services are required the contractor shall install tap saddle (when required), corporation stop , type K copper service line, curb stop with lock wings , and meter box. Reinforced plast ic 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 . 1112 9/04 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 . SC-42 PART D -SPECIAL CONDITIONS 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. A 2-inch tapp ing saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply . The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out-of-service meters shall be removed , tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service , the Contractor shall re-install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed , number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes , 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location . Payment for work such as fittings , 3/4-inch service lines , asphalt , barricades , all service connections , removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. 8 . In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible . At the pre-construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used . The 1112 9/04 SC-43 11129/04 PART D -SPECIAL CONDITIONS inspector will deliver the hydrant meters to the locations . After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs . The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 52.9 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will provide all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine . Chlorinated water shall be disposed of in the sanitary sewer system . Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated " prior to disposal. The line may not be placed in service until two successive sets of samples , taken 24 hours apart , have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe . 52.1 O Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary . Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 52.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station, concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper service SC-44 PART D -SPECIAL CONDITIONS line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . PAYMENT FOR FIGURE 33 INSTALLATIONS : Payment for all work and materials necessary for the installation tap saddle , gate valve , and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station , modification to the vault, fittings , and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . 52.12 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings , and Specials , Sub section E2-7 .11 Cast Iron Fittings : E2-7 .11 DUCTILE-IRON AND GRAY-IRON FITTINGS : All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7 . The price bid per ton of fittings shall be payment in full for all fittings , joint accessories , polyethylene wrapping , horizontal concrete blocking , vertical tie-down concrete blocking , and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E 1-13 and Construction Specification E2-13 . Wrapping shall precede horizontal concrete blocking , vertical tie -down concrete blocking , and concrete cradle . Payment for the polyethylene wrapping , horizontal concrete blocking , vertical tie-down concrete blocking , and concrete cradle shall be included in bid items for vales and fittings and no other payments will be allowed . D-53 SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200 , "Sprinkling for Dust Control " shall apply . However , no direct payment will be made for this item and it shall be considered to this contract. D-54 DEWATERING The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations . The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers . Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the project price . D-55 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction . Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation . No extra payment shall be allowed for this special condition . 1112 9/04 SC-45 PART D -SPECIAL CONDITIONS 0-56 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 7 . Survey and stake location of root pruning trenches as shown on drawings . 8. Using the approved specified equipment , make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone . 9. Backfill and compact the trench immediately after trenching . 10. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 11. Within 24 hours , prune flush with ground and backfill any exposed roots due to construction activity . Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation . 12 . Limit any grading work within conservation areas to 3-inch maximum cut or fill , with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods , equipment and protection . E. MULCHING : Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price . 0-57 TREE REMOVAL Trees to be removed shall be removed using applicable methods , including stump and root ball removal , loading , hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried . The Contractor shall immediately repair or replace any damage to utilities and private property including , but not limited to , water and sewer services , pavement , fences , walls , 11 /2 9104 SC-46 PART D -SPECIAL CONDITIONS sprinkler system piping, etc ., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the project contract price and no additional payment will be allowed. D-58 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders . If test borings have been made and are provided for bidder's information , at the locations shown on the logs of borings in the appendix of this specification , it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location, or elevation, as shown on the boring logs . It shall be the responsibility of the bidder to make such subsurface investigations, as he deems necessary to determine the nature of the material to be excavated . The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of do ing other work affected by the geology of the site. The cost of all rock removal and other assoclated appurtenances, if required, shall be included in the linear foot bid price of the pipe. D-59 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION Prior to beginning construction on any block in the project , the contractor shall , on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction . The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the Contractor's letterhead and shall include the following information : Name of Project , DOE No ., Scope of Project (i.e. type of construction activity), actual construction duration within the block , the name of the contractor's foreman and his phone number, the name of the City 's inspector and his phone number and the City 's after-hours phone number. A sample of the 'pre-construction notification ' flyer is attached . The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition , a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block . In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction , the contractor shall prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows : The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption . The flyer shall be prepared on the contractor's letterhead and shall include the following information: Name of the project , DOE number, the date of the interruption of service , the period the interruption will take 11129/04 SC-47 PART D -SPECIAL CONDITIONS place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached . A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses . Electronic versions of the sample flyers can be obtained from the Construction office at (817) 871- 8306 . All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. 0-60 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item . In the event that the contractor prefers for the Signals , Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, the contractor shall contact SSMD at (817) 871 -8770 and shall reimburse SSMD for all costs incurred , both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 0-61 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two -way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets , sidewalks , etc . whenever possible . When it is not possible , the cleanout 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. 0-62 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immed iately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base . The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsid iary to the temporary pavement repair pay item. The contractor shall be responsible for mainta ining the temporary pavement until the paving contractor has mob ilized. The paving contractor shall assume maintenance responsibility upon such mobilization . No additional compensation shall be made for maintaining the temporary pavement. 0-63 CONSTRUCTION STAKES The City , through its Surveyor or agent , will provide to the Contractor construction stakes or other customary method of markings as may be found consistent with professional practice, establishing line and grades for roadway and utility construction, and centerlines and benchmarks for bridgework. 11129/04 SC-48 PART D -SPECIAL CONDITIONS These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage etc.), and one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter/or paving . It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc ., all stakes furnished until completion of the construction phase of the project for which they were furnished . If the City or its agent determines that a sufficient number of stakes or markings provided by the City, have been lost, destroyed , or disturbed, to prevent the proper prosecution and control of the work contracted for in the Contract Documents, it shall be the Contractor's responsibility, at the Contractor's sole expense , to have such stakes replaced by an individual registered by the Texas Board of Professional Land Surveyor as a Registered Land Surveyor. No claims for delay due to lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 0-64 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right-of-entry agreements , and/or permits to perform work on private property. The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is n·ecessary on City owned facilities, such as sewer lines or manholes . For locations where the City was unable to obtain the easement or right-of-entry , it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property . This shall be subsidiary to the contract. The agreements , which the City has obtained, are available to the Contractor for 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 , includ ing 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 be subsidiary to the bid item price for boring under the railroad . No additional payment will be allowed for this item . 0-65 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected 11129/04 SC-49 PART D -SPECIAL CONDITIONS schedule , including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. 0-66 WAGE RATES 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 co ntract documents . Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents . This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258 .023 . Compla ints of Violations and City Determination of Good Cause . On receipt of information, including a complaint by a worker, concern ing an alleged violation of 2258 .023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination , before the 31st day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required , a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration . The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained . The contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the work , maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker . The records shall be open at all reasonable hours for inspection by the City . The provisions of the Audit section of these contract documents shall pertain to this inspection. 11129/04 SC-50 PART D -SPECIAL CONDITIONS Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section.) (Attached) 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 provis ion of a contract or other law, ordinance , regulation or policy whose requirements are more stringent. 8 . ACP is defined under NESHAP as a Category II, non-friable material in its intact state but which may become friable upon removal, demolition and/or disposal. Consequently , if the removal/ disposal process renders the ACP friable , it is regulated under the disposal requirements of 40 CFR 61 .150 . A NESHAP notification must be filed with the Texas Department of Health . The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state, as defined by the NESHAP , it can be disposed as a conventional construction waste. The Environmental Protection Agency (EPA) defines friable as material, when dry, which may be crumbled , pulverized or reduced to powder by hand pressures . C . The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore , it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable. The Excavator is responsible to employ those means, methods , techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs , which are the responsibility of the Excavator. (Copy of forms attached) 11129104 SC-51 PART D -SPECIAL CONDITIONS F . The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents. D-68 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http ://www.tnrcc.state .tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can 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 s ign 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 se nt 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: 1112 9/04 Texas Commission on Environmental Quality Storm Water & General Permits Team ; MC-228 P.O . Box 13087 SC -52 PART D -SPECIAL CONDITIONS Austin , TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract , along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES : A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee . A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site . Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOi form is not required . However, a TCEQ Site Notice form must be completed and posted at the site . A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities . The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion , sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and mainta ined 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. 0-69 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City 's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of na?1ed '.~fPm ©~~ '0 ~~a'·"'gf L•_,~L £r ~~{ JQ '"t,:;\.t:\ u "'1 .. ·i{\,O; I • 1, v-,~~J~, _V~zt 11129/04 SC-53 PART D -SPECIAL CONDITIONS the event the Contractor requi res that a water valve on an existing live system be turned off and on to accommodate the construction of the project , the Contractor must coordinate this activity through the appropriate City representative . The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7 , Chapter 28 .03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions . D-70 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City , in sole discretion may require , including but not limited to manpower and equipment records , information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid 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 chargeq 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 ma il, return receipt requested demanding that , within 10 days from the date that the letter is received , it provide sufficient equipment , materia ls and labor to ensure completion of the work within the contract time . In the event the co ntractor 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 d iscretion , be required to be provided to interested individuals will distributed by the Engineering Department's Public .Information Officer. 4 . Upon receipt of the contractor's response , the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will , if necessary, then forward updated notices to the interested individuals . 11129104 SC-54 PART D -SPECIAL CONDITIONS 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. D-72 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m . -10 :00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ}, in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day . On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10 :00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7 :00 a.m. - 6 :00 p .m ., on a designated Air Pollution Watch Day , that day will be considered as a weather day and added onto the allowable weather days of a given month . D-73 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS A fee for street use permits is in effect. In addition , a separate fee for re-inspections for parkway construction, such as driveways , sidewalks , etc ., will be required . The fees are as follows : 1. The street permit fee is $50 .00 per permit with payment due at the time of permit application . 2. A re-inspection fee of $25 .00 will be assessed when work for which an inspection called for is incomplete . Payment is due prior to the City performing re-inspection. Payment by the contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made . 11129/04 SC-55 Date: ____ _ FORT WORTH DOENO.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 ll -----------(CONT RAC TORS S_UPERINTENDENT) (TELEPHONE NUMBER) OR MR ___________ ~AT __ ~~--------- (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ___________ _, CONTRACTOR it I y ci i PART D -SPECIAL CONDITIONS TSXAS DEPARTMENT OF Hi:All'H NOTE: CIRCLE ITEMS THAT ARE AMENO EO T D H DEMOLITION/ RENOVAT&ON NOTIFICATJON FORM NOTIFICATION# _____ ... ~------- 1) Am!lemen t Contracto r. __________ ~ _______ TDH License N\J mber.,___,cc------ Ad dress ; City ; State : ___ .zrp: __ ~-- Office Phone Numbe r. · J ob Site Phone: Numbet:~-~----------S"rteSupervisor:; . . . ,__.__~-------''ll>H Ll<:erlSe' Numt.ler. _-_____________ _ Slte SUperviS>or: · 'TOH l k:ense Number. Trained °'1.:Si te NESHAP l ndividual:. _______ ~-----·~c~~-r1i~-~""'·ea-u~·on===o""'a""'tv.~ .. :~~~:::::::::::::;:..: DemolitlM Cot1lractor:,__ ____ ~~~--.,,.,...--Ortlce Phone Numberl,....,J'"-==~--=-----Adr;tress ; ______________ Ciiy :. ________ ~State:.·-~~ .... Zip :. ___ _ 2} Project COnsultan t grOperaror._· ---~--------~~-iOH ~n$8'NUr'rtb(Jt:. _____ - Ma.illng .Addr es.s ::----=""-----=-------==---=-.......,-,-,--,--....,.-...,...--------Clty.. ____ ~-~-State:. ___ Z.ip;. ____ Office Phone Nuinbor: ...__._ ____ _ A 3) FacllityO.vner.._ __________________ ~-,..,..,..,.----------~ H Anention :-.-:----------------------------------- P MP tli!i S Add r~:.·= ·------------------------------~-A City. . _ St.;ite,: Zip: OWner Ptione N umbe r{ ) ..... **Noto: The> l nvoii:o for the notlficatlon me wlll be sent ~o the c,wner of the ~ulid'.11\9 ~nd Qlo b i lllng, ~(fdro:ss tor tho Invoice will be 0 obtained from ~o 1nfotmation that l s provided In this &ectlon . · N E s H A ri 4} Descrtptloo or facility Name :·--------.,,.....~-----------~--=---- Po~ic;..il Ad dress ;·------------·.Ca ortl'.f-. Cily: ______ Zip ;, ___ _ fac:Uit.y Phone Number F~c;iity Co11tact Person:~------------ ()(!scriplion ofArea{RoQm Number: •. _---~---------~------------ Prtor Use ;·-..... -------~-----Fulut a Use:·------------------ Age c,f Btlilding/FaclHl y: . . .. .. Sr.m :.~. ___ Nt,1mlx!r of RIXl!"!t~· -~--sciiool. (K;.12): .. o YES er NO n 6} TYJ)Q of Wodc Cl Demcl'litlon o Renovation (Ab:,tcmcnt) o Annual Consolidated T· Work 'Will b~ during : O Oay o Evoo lng CJ Night a Pl'la$tid Pr0je¢l '· D De.scrip llon of work scf1eduie :. ____________ ~-------------~ H 6) Is !his a Public Building? q YES D NO Federal F~cillty? D YES D NO tnduslrial Site? D YES D NO· D t4ESf1.AP-0n1y Facillty? 0 YES D NO Is Buitdtng/Facllit.y Occupied? tl YES O NO t:' 7} No1ification Type CHECK. ONLY ONE Y !J Original (10 Working Days} :J Cancellilticm O Amendment D Emergency/Ordered I a I a: t( o, n' ?' ~ El y e s If th is i s .m antse ndmeril, which .,irnerid.ment number is th is?_ (Enclose copy of ortgl11a1 and'Jo:r la.st amendment) If an emergency, who did, you talk wltil at mH? EmeJgency#:..,..,., ____ _ Date and Hour of Em&tgt1rtcy {HHfMM/DDfYY): ... D8SCl'fpti0 n of the s udde n. unexpected event and explanation of h.ow tM event caused unsafe coMitir;me or Would cause equ ipment dam~e {compute-ts . machinery, etc'----------~---------~-- 8) Desctipfion of proci:dVJ"eS to lie followed In tne event that unmi:pected asbestos is found or previou!>l :,' 1100,friable ilsbestos materfal becomes aumbl ed. jlul1Jm'izetf. ¢r reduced to powder;~~~--------=~~- ·• · 9} W~$ an Asbes to s survey performed? D YES o: NO Date : I I TOH Inspector l.ioense No :._. ----- G An alytfC<II Method; D Pl.M D TE M O Ass umed TDH ~bot~loty license No;,.,. ,-,----- ff (For TAHPA (public bu ild ing) prof.eds: an ~ss1,imption mus t be made by a TOH Lic&n sed l nspecitl r} 10) Description of planned demofition or tanovaficm work, fype of meterial, an d method(sJ to be used._· --~---- '11 ) Deseiip1ion of WQrk prectices imd engl neenn g contr,o& to be used lo preve n t e mlssicru; of asbest.Qs at the cfernolitionlrenova 1ion : _____ =~~-----------------~--- . ---~ .. ,.,.. ___ ___.,...,, .. -,,,----.. o:-' ... ,.-,·,~·~-----~-*'-~-..._..,-,.. 11129/04 SC-57 PART D -SPECIAL CONDITIONS 12) Atl appllca~ llems in lh8f0llowing table must be •completed: IF NO ASBESTOS PRESENT CHECK HERE !J Approximate amount of Check unit of measu.rcment A.stiestos.Containing B1,1ilding Material t-,,..--..;As.;;-;;.;;b;,:;~=.:;----+-----,--,..----...-~ . Type RACM NOT removed lnterio( Cat l non•rriabte removed . extat'iot Cate · o I nQn-fnao!e removed C I non..frlable NOT removed Interior cat o II non-f tiable removed 11 non-friable removed Cat II noo-frlable . NQT .removod RACM Cit-Facility Co.riiponent Pipes Surf.ece Area Lri . ,Ln : SQ Ft M Ft 13) Waste-Transporter Name : _______________ TOH Lioeni1e Number.------Add'ross: ___________ Cify ;,.... ________ ..,.._ __ Stale : _Zip: ____ . Cootact P'ersorr .... Phot!a Num~r; ~~-------- 14) Wast8 DiSp.osal Site Narne :·--------~--------------~---- .A.ddrese; . __ .. _ City~_· ________ state: ___ Zip:-~-- • Telephone : ... ( __ .,_)-·_~ ____ TNRCC Permit Number.------- 11129/04 15) For structurally unsound facllllles, attaeh a copy of crem,01ru0n order and identify Governmental Official below, Nam&: . _ .. . . .. . . · . . . Reglstratlon No: . . .. ......... ............ . . . . Tille.;.·_-,--........ _,......,..,,...,,_._,__-.----,----- oate of order (M W ODIYY) . _ . _I . J Date order to begin (MM/00/YY} I 16) Sl;hed\lled Oates of Asbestos Abatement (MMJDDNY} S~rt _____ / __ CQnlplete ; _ _,_l _ _,_f 17) $Ched'uled Dates De:molilion/Renovation {MM/OD/YY} Start . L .......... l . Complete :._~/ __ /~--- .,. Note: tr lhe start date on 1h15 naliflc..atlon ~n n ot bo met, UUi rolil ~l'onal or Local Program office M.ust be contacted by phone prior to the l!itarf data. FaJlure to do so hi: ~ ... ro'4rtlon tn teeOl'danto 10 TAHPA. soctlon 295,81. l hereby oet1ify ttlat all lnformaoon I have provided Is correct , complete, anti true to liie best of my knowledge . I ,11c;knowledge that I am respons!tiie for all aspects or the notification to.rm, rnclud i 119, but not limili~. ooolenl and submlss fon dates.. The maxim!Jm penalty[$ $10 ,000 pe r day per violaUon . (S1QnsMe of auilcfing owner/ Opera1or oc Delegated Consul tant/Contractor} MAIL TO:. +raxos arG not ace-opted" (Date) ASBESTOS N:OTIF!CA TtON SECTION TOXtC SUBSTANC-ES CONTROl. DIVISION TEXAS DEPARTMENT OF HEALTH PO BOX 143538 A.UST1N, TX 78714-3538 PH: 512~34-66110, 1-1300-572-5548 (Telep l'I Q11e) (~ax Number) *Faxes arc· not accepted" Ftlrm APB#5, dated W/29/02. Replaces TDH f«m dated 07113/01. For ass.islancs in c::ompleling fonn, call 1-8()().572-5548 SC-58 DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 DA-7 DA-8 DA-9 DA-10 DA-11 DA-12 DA-13 DA-14 DA-15 DA-16 DA-17 DA-18 DA-19 DA-20 DA-21 DA-22 DA-23 DA-24 DA-25 DA-26 DA-27 DA-28 DA-29 DA-30 DA-31 DA-32 DA-33 DA-34 DA-35 DA-36 DA-37 DA-38 DA-39 DA-40 DA-41 DA-42 DA-43 DA-44 DA-45 DA-46 DA-47 DA-48 DA-49 DA-50 DA-51 DA-52 DA-53 DA-54 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS ......................................... 4 PIPELINE REHABILITATION CURED-IN -PLACE PIPE (OMITTED) ........................................... .4 PIPE ENLARGEMENT SYSTEM (OMITTED) .............................................................................. .4 FOLD AND FORM PIPE (OMITTED) ............................................................................................. 4 SLIPLINING (OMITTED) ................................................................................................................ 4 PIPE INSTALLED BY OTHER THAN OPEN CUT (OMITTED) .................................................... .4 TYPE OF CASING PIPE (OMITTED) ............................................................................................. 4 SERVICE LINE POINT REPAIR/ CLEANOUT REPAIR (OMITTED) ........................................... 4 PROTECTIVE MANHOLE COATING FOR CORROSION PROTECTION (OMITTED) ................ 4 MANHOLE REHABILITATION (OMITTED) ................................................................................... 4 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMITTED) ............................. 4 INTERIOR MANHOLE COATING-MICROSILICATE MORTAR SYSTEM (OMITTED) .............. 4 INTERIOR MANHOLE COATING -QUAD EX SYSTEM (OMITTED) ........................................... .4 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM (OMITTED) ....................... : ........... .4 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM (OMITTED) ................................. 4 INTERIOR M/H COATING: PERMACAST SYSTEM WITH EPOXY LINER (OMITTED) ............ 4 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM (OMITTED) ................................... 4 RIGID FIBERGLASS MANHOLE LINERS (OMITTED) ................................................................ .4 PVC LINED CONCRETE WALL RECONSTRUCTION (OMITTED) ............................................. 4 PRESSURE GROUTING (OM ITTED) ............................................................................................ 5 VACUUM TEST ING OF REHABILITATED MANHOLES (OMITTED) ............................... ; .......... 5 FIBERGLASS MANHOLES (OMITTED) ........................................................................................ 5 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES (OMITTED) .................. 5 REPLACEMENT OF CONCRETE CURB AND GUTTER (OMITTED) .......................................... 5 REPLACEMENT OF 6" CONCRETE DRIVEWAYS (OMITTED) .................................................. 5 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE (OMITTED) ........................................... 5 GRADED CRUSHED STONES (OMITTED) .................................................................................. 5 WEDGE MILLING 2" TO O" DEPTH 5.0' WIDE (OMITTED) ......................................................... 5 BUTT JOINTS-MILLED (OMITTED) ............................................................................................ 5 2" H.M.A.C . SURFACE COURSE (TYPE "D" MIX) (OMITTED) ................................................... 5 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER (OMITTED) .......................................... 5 NEW 7" CONCRETE VALLEY GUTTER (OMITTED) ................................................................... 5 NEW 4" STANDARD WHEELCHAIR RAMP (OMITTED) ............................................................. 5 8" PAVEMENT PULVERIZATION (OMITTED) .............................................................................. 5 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) (OMITTED) ....................... 5 RAISED PAVEMENT MARKERS (OMITTED) ............................................................................... 5 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMITTED) .............. 5 LOADING, TRANSPORTATION, & DISPOSAL OF CONTAMINATED SOIL (OMITTED) ........... 5 ROCK RIPRAP -GROUT -FILTER FABRIC (OMITTED) ............................................................. 5 CONCRETE RIPRAP (OMITTED) ......................................................... , ........................................ 5 CONCRETE CYLINDER PIPE AND FITTINGS (OMITTED) ......................................................... 5 CONCRETE PIPE FITTINGS AND SPECIAl.:S .............................................................................. 5 UNCLASSIFIED STREET EXCAVATION (OMITTED) ............................................ : ..................... 6 6" PERFORATED PIPE SUBDRAIN (OMITTED) .......................................................................... 6 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMITTED) .................................................. 6 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMITTED) .............................................. 6 PAVEMENT REPAIR IN PARKING AREA (OMITTED) ................................................................. 6 EASEMENTS AND PERMITS ........................................................................................................ 6 HIGHWAY REQUIREMENTS (OMITTED) ..................................................................................... 6 CONCRETE ENCASEMENT (OMITTED) ...................................................................................... 6 CONNECTION TO EXISTING STRUCTURES (OMITTED) .......................................................... 6 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMITTED) ............................... 6 OPEN FIRE LINE INSTALLATIONS (OMITTED) .......................................................................... 6 WATER SAMPLE STATION (OMITTED) ....................................................................................... 6 ASC-1 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-55 CURB ON CONCRETE PAVEMENT (OMITTED) ......................................................................... 6 DA-56 SHOP DRAWINGS (OMITTED) ..................................................................................................... 6 DA-57 COST BREAKDOWN (OMITTED) ................................................................................................. 6 DA-58 STANDARD STREET SPECIFICATIONS H.M.A.C. OVERLAY (OMITTED) ................................ 6 DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP (OMITTED) .................................................................. 6 DA-60 ASPHALT DRIVEWAY REPAIR (OMITTED) ................................................................................. 6 DA-61 TOP SOIL (OMITTED) .................................................................................................................... 6 DA-62 WATER METER AND METER BOX RELOCATION AND ADJUSTMENT (OMITTED) ............... 7 DA-63 BID QUANTITIES ........................................................................................................................... 7 DA-64 WORK IN HIGHWAY RIGHT OF WAY .......................................................................................... 7 DA-65 CRUSHED LIMESTONE (FLEX-BASE) (OMITTED) ..................................................................... 7 DA-66 OPTION TO RENEW (OMITTED) .................................................................................................. 7 DA-67 NON-EXCLUSIVE CONTRACT (OMITTED) .................................................................................. 7 DA-68 CONCRETE VALLEY GUTTER (OMITTED) ................................................................................. 7 DA-69 TRAFFIC BUTTONS (OMITTED) ................................................................................................... 7 DA-70 PAVEMENT STRIPING (OMITTED) .............................................................................................. 7 DA-71 H.M.A.C. TESTING PROCEDURES (OMITIED) ........................................................................... 7 DA-72 SPECIFICATION REFERENCES ................................................................................................... 7 DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX (OMITTED) .............................................................................................................................................. 7 DA-74 RESILIENT-SEATED GATE VALVES ............................................................................................ 8 DA-75 EMERGENCY SITUATION, JOB MOVE-IN (OMITIED) ............................................................... 8 DA-76 1 %'' & 2" COPPER SERVICES (OMITTED) ................................................................................. 8 DA-77 SCOPE OF WORK (UTIL. CUT) (OMITTED) ................................................................................ 8 DA-78 CONTRACTOR'S RESPONSIBILTY (UTIL. CUT) (OMITTED) .................................................... 8 DA-79 CONTRACT TIME (UTIL. CUT) (OMITTED) ................. " .............................................................. 8 DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMITTED) ............................... 8 DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMITTED) ................................................. 8 DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMITTED) ...................................................................... 8 DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMITTED) ...................................................................... 8 DA-84 TRENCH BACKFILL (UTIL. CUT) (OMITTED) ............................................................................. 8 DA-85 CLEAN-UP (UTIL. CUT) (OMITTED) ............................................................................................. 8 DA-86 PROPERTY ACCESS (UTIL. CUT) (OMITTED) ............................................................................ 8 DA-87 SUBMISSION OF BIDS (UT IL. CUT) (OMITTED) ......................................................................... 8 DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMITTED) .............................................. 8 DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT Ill (UTIL. CUT) (OMITTED) ............................ 8 DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMITTED) ............................................................ 8 DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMITTED) ......... 8 DA-92 MAINTENANCE BOND (UTIL. CUT) (OMITTED) ......................................................................... 8 DA-93 BRICK PAVEMENT (UTIL. CUT) (OMITTED) ............................................................................... 8 DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMITIED) ........................................................... 8 DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMITIED) .................................................... 8 DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) (OMITIED) ....................................... 8 DA-97 "QUICK-SET" CONCRETE (UTIL. CUT) (OMITTED) ................................................................... 8 DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMITTED) ........................................................................ 9 DA-99 STANDARD CONC. SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMITTED) ........... 9 DA-100 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMITTED) ................................ 9 DA-101 CONCRETE CURB AND GUTTER (UTIL. CUT) (OMITTED) ................................................... 9 DA-102 PAYMENT (UTIL. CUT) (OMITTED) ......................................................................................... 9 DA-103 DEHOLES (MISC. EXT.) (OMITTED) ........................................................................................ 9 DA-104 CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMITTED) .................................................... 9 DA-105 PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMITTED) ......................................... 9 DA-106 BID QUANTITIES (MISC. EXT.) (OMITTED) ............................................................................. 9 DA-107 LIFE OF CONTRACT (MISC. EXT.) (OMITTED) ...................................................................... 9 11102104 ASC-2 DA-108 DA-109 DA-110 DA-111 DA-112 DA-113 DA-114 DA-115 DA-116 DA-117 DA-118 11/02104 PART DA -ADDITIONAL SPECIAL CONDITIONS FLOWABLE FILL (MISC. EXT.) (OMITTED) ............................................................................. 9 BRICK PAVEMENT REPAIR (MISC. REPL.) (OMITTED) ........................................................ 9 DETERMINATION AND INITIATION OF WORK (MISC. REPL.) (OMITTED) .......................... 9 WORK ORDER COMPLETION TIME (MISC. REPL.) (OMITTED) ........................................... 9 MOVE IN CHARGES (MISC. REPL.) (OMITTED) ..................................................................... 9 PROJECT SIGNS (MISC. REPL.) (OMITTED) .......................................................................... 9 LIQUIDATED DAMAGES (MISC. REPL.) (OMITTED) .............................................................. 9 TRENCH SAFETY SYSTEM DESIGN (MISC. REPL.) (OMITTED) .......................................... 9 FIELD OFFICE (OMITTED) ....................................................................................................... 9 TRAFFIC CONTROL PLAN (OMITTED) ................................................................................... 9 COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS (OMITTED) .......... 9 ASC-3 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-1 AWARD OF CONTRACT FOR PROJECTS WITH MULTIPLE UNITS The City reserves the right to abandon without obligation to the contractor, any part of the project, or the entire project, at any time before the contractor begins any construction work authorized by the City . Award , if made , shall be to the lowest responsible bidder. The following shall apply for contract documents with multiple units of work . Each unit represents a separate project , each with an individual M/WBE specification and proposal section . The proposal sections are arranged to allow prospective bidders to submit bids on one unit, some of the units, or all of the units . Award of contract(s), if made, shall be to the lowest responsible bidder for each individual unit. If a contractor is the low bidder on two units or more , a single set of contract documents consisting of all applicable units will be created and one single award of contract shall be made . The Contractor shall comply with the City's M/WBE Ordinance for the applicable unit or combination of units and shall submit monthly M/WBE reports for the applicable unit or combination of units . Construction time on all units will run concurrently. For situations involving approved contracts with multiple units , the total allowable construction completion time period for all the units shall be the same as the unit with the longest construction time period . DA-2 PIPELINE REHABILITATION CURED-IN-PLACE PIPE (OMITTED) DA-3 PIPE ENLARGEMENT SYSTEM (OMITTED) DA-4 FOLD AND FORM PIPE (OMITTED) DA-5 SLIPLINING (OMITTED) DA-6 PIPE INSTALLED BY OTHER THAN OPEN CUT (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 (OMITTED) DA-11 SURFACE PREPARATION FOR MANHOLE REHABILITATION (OMITTED) DA-12 INTERIOR MANHOLE COATING -MICROSILICATE MORTAR SYSTEM (OMITTED) DA-13 INTERIOR MANHOLE COATING -QUADEX SYSTEM (OMITTED) DA-14 INTERIOR MANHOLE COATING -SPRAY WALL SYSTEM (OMITTED) DA-15 INTERIOR MANHOLE COATING -RAVEN LINING SYSTEM (OMITTED) DA-16 INTERIOR M/H COATING: PERMACAST SYSTEM WITH EPOXY LINER (OMITTED) DA-17 INTERIOR MANHOLE COATING-STRONG-SEAL-SYSTEM (OMITTED) DA-18 RIGID FIBERGLASS MANHOLE LINERS (OMITTED) DA-19 PVC LINED CONCRETE WALL RECONSTRUCTION (OMITTED) 11/02104 ASC-4 - PART DA -ADDITIONAL SPECIAL CONDITIONS DA-20 PRESSURE GROUTING (OMITTED) DA-21 VACUUM TESTING OF REHABILITATED MANHOLES (OMITTED) DA-22 FIBERGLASS MANHOLES (OMITTED) DA-23 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES (OMITTED) DA-24 REPLACEMENT OF CONCRETE CURB AND GUTTER (OMITTED) DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS (OMITTED) DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE (OMITTED) DA-27 GRADED CRUSHED STONES (OMITTED) DA-28 WEDGE MILLING 2" TOO" DEPTH 5.0' WIDE (OMITTED) DA-29 BUTT JOINTS -MILLED (OMITTED) DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) (OMITTED) DA-31 REPLACEMENT OF 7" CONCRETE VALLEY GUTTER (OMITTED) DA-32 NEW 7" CONCRETE VALLEY GUTTER (OMITTED) DA-33 NEW 4" STANDARD WHEELCHAIR RAMP (OMITTED) DA-34 8" PAVEMENT PULVERIZATION (OMITTED) DA-35 REINFORCED CONCRETE PAVEMENT OR BASE (UTILITY CUT) (OMITTED) DA-36 RAISED PAVEMENT MARKERS (OMITTED) DA-37 POTENTIALLY PETROLEUM CONTAMINATED MATERIAL HANDLING (OMITTED) DA-38 LOADING, TRANSPORTATION, & DISPOSAL OF CONTAMINATED SOIL (OMITTED) DA-39 ROCK RIPRAP -GROUT -FILTER FABRIC (OMITTED) DA-40 CONCRETE RIPRAP (OMITTED) DA-41 CONCRETE CYLINDER PIPE AND FITTINGS (OMITTED) DA-42 CONCRETE PIPE FITTINGS AND SPECIALS Bidders shall submit the following for C-303 pretensioned concrete cylinder pipe to be installed on this project: 1 . A complete list of fittings and specials upon which the lump sum is bid . 2 . Provide a unit price indicating the cost for furnishing and installing each of the various items of fittings and specials . The lump sum as bid in the Proposal shall be payment in full for all fittings and specials necessary for the construction of the project as designed . Payment for the installation of the pipe fittings , specials, and 11102104 ASC-5 PART DA -ADDITIONAL SPECIAL CONDITIONS random lengths shall be included . Should the Engineer approve any changes to the fittings, specials or random pipe lengths listed as justifyi ng the amount bid in the Proposal, the price submitted with the Proposal shall be used to determine the increase or decrease in the value of the lump sum of the Proposal , and the Contractor shall be paid on the basis of this adjusted value under that bid item . · DA-43 UNCLASSIFIED STREET EXCAVATION (OMITTED) DA-44 6" PERFORATED PIPE SUBDRAIN (OMITTED) DA-45 REPLACEMENT OF 4" CONCRETE SIDEWALKS (OMITTED) DA-46 RECOMMENDED SEQUENCE OF CONSTRUCTION (OMITTED) DA-47 PAVEMENT REPAIR IN PARKING AREA (OMITTED) DA-48 EASEMENTS AND PERMITS Easements and permits , both temporary and permanent, have been secured for this project at this time and made a part thereto . Any easements and/or permits , both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts . No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained . The Contractor's attention is directed to the easement description and permit requirements , as contained herein , along with any special conditions that may have been imposed on these easements and permits . Where the pipeline crosses privately owned property , the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item . DA-49 HIGHWAY REQUIREMENTS (OMITTED) DA-50 CONCRETE ENCASEMENT (OMITTED) DA-51 CONNECTION TO EXISTING STRUCTURES (OMITTED) DA-52 TURBO METER WITH VAULT AND BYPASS INSTALLATION (OMITTED) DA-53 OPEN FIRE LINE INSTALLATIONS (OMITTED) DA-54 WATER SAMPLE STATION (OMITTED) DA-55 CURB ON CONCRETE PAVEMENT (OMITTED) DA-56 SHOP DRAWINGS (OMITTED) DA-57 COST BREAKDOWN (OMITTED) DA-58 STANDARD STREET SPECIF ICATIONS H.M.A.C. OVERLAY (OMITTED) DA-59 H.M.A.C. MORE THAN 9 INCHES DEEP (OMITTED) DA-60 ASPHALT DRIVEWAY REPAIR (OMITTED) DA-61 TOP SOIL (OMITTED) 11/02104 ASC-6 PART DA -ADDITIONAL SPECIAL CONDITIONS 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 entitled to renegotiation of unit prices regardless of the final measured quantities . To the extent that C4-4 .3 conflicts with this provision , this provision controls . No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. In particular, the Contractor shall be aware that it is the City's intention that the quantities in Unit I be used on an "emergency" basis only. Total quantities given in the bid proposal may not reflect actual quantities ; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $200,000 (see Options to Renew) shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be not limit on the variation between the estimated quantities shown and actual quantities performed . It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City bit will in not case exceed $200 ,000 (see Options to Renew) including all change orders . DA-64 WORK IN HIGHWAY RIGHT OF WAY When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work therein. All work performed in the Tex-Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation and Item E2-29 .1 "Construction Within Highway Right-of-Way" of the General Contract Documents and Specifications , effective July 1, 1978, as amended . DA-65 CRUSHED LIMESTONE (FLEX-BASE) (OMITTED) DA-66 OPTION TO RENEW (OMITTED) DA-67 NON-EXCLUSIVE CONTRACT (OMITTED) DA-68 CONCRETE VALLEY GUTTER (OMITTED) DA-69 TRAFFIC BUTTONS (OMITTED) DA-70 PAVEMENT STRIPING (OMITTED) DA-71 H.M.A.c·. TESTING PROCEDURES (OMITTED) DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shall be understood that the latest revision of such specification, prior to the date of these general specifications or revisions thereof, shall apply. DA-73 RELOCATION OF SPRINKLER SYSTEM BACK-FLOW PREVENTER/CONTROL VALVE AND BOX (OMITTED) 11/02104 ASC-7 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-74 RESILIENT-SEATED GATE VALVES Any resilient-seated gate valves supplied for this contract shall conform to Material Standard E1-26, STANDARD SPECIFICATIONS FOR RESILIENT-SEATED GATE VALVES, with the exception of size requ irements in sections E-26 .1. All resilient-seated gate valves shall be mechanical joints and be approved on the City of Fort Worth Standard Product List except as noted on the plans . For this project, 16 " resil ient seated gate valves shall be acceptable . DA-75 EMERGENCY SITUATION, JOB MOVE-IN (OMITTED) DA-76 1 Yi" & 2" COPPER SERVICES (OMITTED) DA-77 SCOPE OF WORK (UTIL. CUT) (OMITTED) DA-78 CONTRACTOR'S RESPONSIBIL TY (UTIL. CUT) (OMITTED) DA-79 CONTRACT TIME (UTIL. CUT) (OMITTED) DA-80 REQUIRED CREW PERSONNEL & EQUIPMENT (UTIL. CUT) (OMITTED) DA-81 TIME ALLOWED FOR UTILITY CUTS (UTIL. CUT) (OMITTED) DA-82 LIQUIDATED DAMAGES (UTIL. CUT) (OMITTED) DA-83 PAVING REPAIR EDGES (UTIL. CUT) (OMITTED) DA-84 TRENCH BACKFILL (UTIL. CUT) (OMITTED) DA-85 CLEAN-UP (UTIL. CUT) (OMITTED) DA-86 PROPERTY ACCESS (UTIL. CUT) (OMITTED) DA-87 SUBMISSION OF BIDS (UTIL. CUT) (OMITTED) DA-88 STANDARD BASE REPAIR FOR UNIT I (UTIL. CUT) (OMITTED) DA-89 CONCRETE BASE REPAIR FOR UNIT II & UNIT Ill (UTIL. CUT) (OMITTED) DA-90 2" TO 9" H.M.A.C. PAVEMENT (UTIL. CUT) (OMITTED) DA-91 ADJUST WATER VALVE BOXES, MANHOLES, AND VAULTS (UTIL. CUT) (OMITTED) DA-92 MAINTENANCE BOND (UTIL. CUT) (OMITTED) DA-93 BRICK PAVEMENT (UTIL. CUT) (OMITTED) DA-94 LIME STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) DA-95 CEMENT STABILIZED SUBGRADE (UTIL. CUT) (OMITTED) DA-96 REPAIR OF STORM DRAIN\ STRUCTURES (UTIL. CUT) (OMITTED) DA-97 "QUICK-SET" CONCRETE (U T IL. CUT) (OMITTED) 11 /0 2104 ASC-8 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-98 UTILITY ADJUSTMENT (UTIL. CUT) (OMITTED) DA-99 STANDARD CONC. SIDEWALK AND WHEELCHAIR RAMPS (UTIL. CUT) (OMITTED) DA-100 DA-101 DA-102 DA-103 DA-104 DA-105 DA-106 DA-107 DA-108 DA-109 DA-110 DA-111 DA-112 DA-113 DA-114 DA-115 DA-116 DA-117 DA-118 11/02104 LIMITS OF CONCRETE PAVEMENT REPAIR (UTIL. CUT) (OMITTED) CONCRETE CURB AND GUTTER (UTIL. CUT) (OMITTED) PAYMENT (UTIL. CUT) (OMITTED) DEHOLES (MISC. EXT.) (OMITTED) CONSTRUCTION LIMITATIONS (MISC. EXT.) (OMITTED) PRESSURE CLEANING AND TESTING (MISC. EXT.) (OMITTED) BID QUANTITIES (MISC. EXT.) (OMITTED) LIFE OF CONTRACT (MISC. EXT.) (OMITTED) FLOWABLE FILL (MISC. EXT.) (OMITTED) BRICK PAVEMENT REPAIR (MISC. REPL.) (OMITTED) DETERMINATION AND INITIATION OF WORK (MISC. REPL.) (OMITTED) WORK ORDER COMPLETION TIME (MISC. REPL.) (OMITTED) MOVE IN CHARGES (MISC . REPL.) (OMITTED) PROJECT SIGNS (MISC. REPL.) (OMITTED) LIQUIDATED DAMAGES (MISC. REPL.) (OMITTED) TRENCH SAFETY SYSTEM DESIGN (MISC . REPL.) (OMITTED) FIELD OFFICE (OMITTED) TRAFFIC CONTROL PLAN (OMITTED) COORDINATION OF WORK WITH CONTRACTOR FOR OTHER UNITS (OMITTED) ASC-9 SECTION E -SPECIFICATIONS JANUARY 1, 1978 . . . . All materials, construction methods and procedures used in this pr'oject shall conform to Sections E 1. E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any . additional material specification(s). construcUon(s) or later revision(s). (See revisions listed on this sheet). Sections E 1, E2 and E2A of the Fort Worth Water Department General Contract Documents and General · Specifications are hereby made a part of this C«:mtract document by reference for all purposes, the ~ame as if copies verbatim herein, and such Sections are filed and kept in .the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. . ·· INDEX E 1 MA TE RIALS SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981, follow: . . . . . E 1-2.4 . Backfill : (Correct minimum compaction requirement to 95% Proctor density and correct P .I. values as follows:) c . Additional backfill requirements when approved for use in streets : ( 1) (2) Type B Backfill (c) Maximum plastic index (Pl) shall be !L Type C Backfill (a) Material meeting requirements and having a Pl of§. or less shall be considered as suitable for compaction by jetting. · · {b) Material meeting requirements and having a Pl of~ or more shall be considered for .usemily with mechanical compaction. E 1-2.11 Trench Backfill : (Correct minimum compaction requirement wherever it appears in this section to 95% Proctor density except for paragraph a .1. where the "95% modified Proctor density" _shall remain unchanged). · (a) Material meeting requirements and having a Pl of§. or less shall be considered as suitable for compaction by jetting . (b) Material meeting requirements and having a Pl of~ or more shall be considered for use only with m·echanical compaction. E 1-2.11 Trench Backfill: (Correct minimum compaction requirement wherever it appears in this section to 95% Proctor density except for paragraph a.1 . where the "95% modified Proctor density" shall remain unchanged). ,, A. GENERAL CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT i TECHNICAL SPECIFICATION FOR MANHOLE JOINT SEALING This specification covers a cold-applied performed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections . It governs ·all manholes. vaults. etc .. constructed for the City of Fort Worth Water Departm_ent, excluding only the joints using a trapped type p!3rfomied 0-ring gasket. and shall require a bi tu mastic joint sealant in all joints as per Figure M attached. B. MATERIALS This sealant shall be preformed and trowelable bitumastic as manufactured by Kent-Seal. Ram-Nek. E- Z Stick or equal. The joint sealer shall be supplied in either extruded rope-form of suitable cross- sectiqnal area or flat tape form 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 ariy 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 len9th of time it is exposed to the elements.· The manufacturer shall furnish an affidavit attes~ing to the successful use of the product as a perfonned flexible joint ~ealant on concrete pipe and manhole sections for a period of at least five years. C. INSTALLATION OF JOINT SEALANT Each grade adjustment ring and manhole fra_me shall be sealed with the above specified materials . All . surfaces to be in contact with the joint sealant shall be thoroughly cleaned of dirt, sand, mud. or other foreign matter. A primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. Th~ protective paper wrapper shall remain on the joint sealant until immediately prior to placement of the pipe in the trench . After removal of the protective paper wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the ring$ resting on bitumastic joint sealer. Manhole frames an.ct covers shall be McKinley, Type N, with indented top design, ofequal, with pick slots. 1. Frames. unless otherwise shown on the drawings, shall rest on two (2) rows (inside and outside) of bitumastic joint sealer. 2. · Grade adjustmert rings shall also rest on two (2) rows of bitumastic joint sealant.. - D . 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 ttie sides of the trench nearly · vertical. · · 1 . Remove manhole frame frnm the manhole structure and observe the condttion of the frame. The existing frame shall be used whe_rever possible. Any existing frame s.hall be used wherever · possible. Any frame that is not suitable for use as determined by the Engineer shall be replaced. Separate and observe the1 condition of the grade adjustment rings . If the grade rings are loose, deteriorated, broken, or show structural defects, replace them in accordance with these specifications . Replace adjustments that are constructed of brick, block.~ or materials other than precast concrete with precast concrete rings, or where necessary , and approved by the Engineer. a pre cast flattop section . Precast concrete rings, or a precast concrete flattop section will be _the only adjustments allowed . ,· · 2 . In brick or block manholes where it is difficult to determine where grade adjustments and walls meet, 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 adjustments or manhole frame . Existing brickwork. which is structurally satisfactory, if damaged by the Contractor, shall be replaced at the Contractor's expense. 3. wire brush manhole frame and exposed manhole surfaces to remove dirt arid loose debris . Coat exposed manhole surfaces with an approved bonding__ agent followed with an application of .a quick . setting hydraulic cement to provide a smooth working surface . · 4. If the inside diameter of ·the manhole is too ~arge to safely support new adjustment rings or frame, a flattop section shall be installed . 5. Joint surfaces between the frame. adjustment rings and cone section shall be fre~ ~f dirt, stones and voids to ensure a watertight seal. Place a flexible gasket joint material in two concentric rings · along the inside and ou.tside edge of each joint , or use ·trowelable material in lieu of prEi form-ed · - . gasket materiaL Position the butt joint of each length of joint material on opposite sides of trye · manhole . No steel shims. wood, stones. or any material not specifically accepted by the Engineer may be used to (:)btain final surface elevation of the manhole frame . · 6 . 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 casting will confonn to the slope and finish elevation of the paved surface . The top of the casting shall be 1/8 inch below the finished elevation . Allowances . for the compression of the joint material shall be made to assure a proper final grade elevation . -7 . Manhole rims in parkways , lawns and other improved lands shalf be at an elevation not more than ( 1) inch or less than one half (1/2) inch above the surrounding ground . Backfill shall provide a uniform slope from the stop of manhole casting for not less than three (3) feet each directi'on 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 regraded near the manhole . 8. · 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. E. MEASUREMENT ANb PAYMENT The price bid for new manhole installations shall include the cost of joint sealing and payment w ill be made from the appropriate Bid . ltern(s). For existing manhole adjustment and/or sealing, the cost of sealing shall be included in the appropriate bid item and payment will be made for these items . '· SECTION C UNIT Ill-PAVING & DRAINAGE IMPROVEMENTS Special Instructions to Bidders Special Provisions for Street and Storm Drain SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder 's bond payable to the City of Fort Worth, in an amount of not less than five ( 5%) per cent of the total of the bid submitted must accompany the bid , and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded . To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law ; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon reque st. The City, in its sole discretion, will determine the adequacy of the proof required herein . 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City s urety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furni sh a performance bond, a payment bond and a maintenance bond, in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253, Texas Government Code. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law ; or (2) have obtained reinsurance for any liability in excess of $100,000 from a re insurer 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 United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25 ,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material s in the prosecution of the work. If the contract amount is in excess of $100 ,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans , specifications, and contract documents . Said bond shall solely be for the protection of the City of Fort Worth. Sl-1 All contracts shall require a maintenance bond in the amount of one hundred percent ( 100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8 .6 , of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects . 4 . AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A- 29) prohibiting discrimination in employment practices . 6. WAGE RA TES: Section 8 .8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. 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 the special provision titled "Right to Audit" pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. ( e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7 . FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in Sl-2 .. determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency . 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds , proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury- $500,000 each person, $1,000,000 each occurrence ($2,000,000 aggregate limit); Property Damage -$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's wo~kers' 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. Sl-3 k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein . m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents . 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes , the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a respon s ible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state . This provision doe s not apply if this contract involves federal funds . The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m ., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to Sl-4 permit any audit and/or ·examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 12. AW ARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities . No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received , but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Plans Desk of the Department of Engineering at (817) 392-7910 . Bids that so not acknowledge all applicable addenda may be rejected as non-respons ive . 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82 , TWCC-83, or TWCC-84), showing statutory worker 's compensation insurance coverage for the person 's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers , owner-operators , employees of any such entity, or Sl-5 employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based 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) for all employees of the contractor providing services on the project, for the duration of the project. c . The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d . If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e . The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, 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 Sl-6 statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage 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 wmng by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts , to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage , the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker 's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or , in the case of a self insured, with the commission 's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor 's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the Sl-7 contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16 . NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, who engage in performing this contract shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not Sl-8 unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The Contractor will receive full payment (less retainage) from the City for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the Contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the City and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, City shall make a progress payment in the amount that City deems due and payable . g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days . Sl-9 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK ................................................................................................................................... SP-4 2 . AWARD OF CONTRACT ....................................................................................................................... SP-4 3. PRECONSTRUCTION CONFERENCE .................................................................................................. SP-4 4 . EXAMINATION OF SITE ...................................................................................................................... SP-4 5. BID SUBMITTAL .................................................................................................................................... SP-5 6 . WATER FOR CONSTRUCTION ............................................................................................................ SP-5 7 . SANITARY FACILITIES FOR WORKMERS ........................................................................................ SP-5 8. PAYMENT ................................................................................................................................................ SP-5 9 . SUBSIDIARY WORK .............................................................................................................................. SP-5 10 . LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ...................................................................................................................................... SP-5 11 . WAGE RATES ......................................................................................................................................... SP-5 12. EXISTING UTILITIES ............................................................................................................................. SP-5 13. PARKWAY CONSTRUCTION ............................................................................................................... SP-5 14. MATERIAL STORAGE ........................................................................................................................... SP-5 15 . PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS .......................................................................................................................... SP-6 16. INCREASE OR DECREASE IN QUANTITIES ...................................................................................... SP-6 17 . CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS .......................................................... SP-6 18 . EQUAL EMPLOYMENT PROVISIONS ................................................................................................ SP-6 19 . MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ........................................................................................................................ SP-7 20 . FINAL CLEAN UP ................................................................................................................................... SP-8 21. CONTRACTOR'S COMPLIANCE WITH WORKER 'S COMPENSATION LAW .......................................................................................................................... SP-8 22. SUBSTITUTIONS .................................................................................................................................... SP-11 23 . MECHANICS AND MATERIALSMEN 'S LIEN .................................................................................... SP-11 24. WORK ORDER DELAY ......................................................................................................................... SP-11 25 . WORKING DAYS ................................................................................................................................... SP-11 26. RIGHT TO ABANDON ........................................................................................................................... SP -11 27 . CONSTRUCTION SPECIFICATIONS ................................................................................................... SP-11 28 . MAINTENANCE STATEMENT ............................................................................................................ SP-11 29 . DELAYS ................................................................................................................................... SP-11 30 . DETOURS AND BARRICADES ............................................................................................................ SP-12 31 . DISPOSAL OF SPOIL/FILL MATERIAL .............................................................................................. SP-12 32 . QUALITY CONTROL TESTING ........................................................................................................... SP-12 33 . PROPERTY ACCESS .............................................................................................................................. SP-13 34. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ............................................... SP-13 35. WATER DEPARTMENT PRE-QUALIFICATIONS ............................................................................. SP-13 36. RIGHT TO AUDIT .................................................................................................................................. SP-13 37. CONSTRUCTION STAKES ................................................................................................................... SP-14 38. LOCATION OF NEW WALKS AND DRIVEWAYS ............................................................................ SP-14 39 . EARLY WARNING SYSTEM FOR CONSTRUCTION ......................................................................... SP-14 40. AIR POLLUTION WATCH DAYS ......................................................................................................... SP-15 10/27/04 SP-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS : 41 . PAY ITEM -UNCLASSIFIED STREET EXCAVATION ...................................................................... SP-15 42. PAY ITEM -6" REINFORCED CONCRETE PAVEMENT ................................................................... SP-16 43 . PAY ITEM -SILICONE JOINT SEALING ............................................................................................ SP-16 44 . PAY ITEM -7" CONCRETE CURB ....................................................................................................... SP-20 45. PAY ITEM-RETAINING WALL .......................................................................................................... SP-20 46. PAY ITEM-REPLACE EXIST. CURB AND GUTTER ....................................................................... SP-20 47 . PAY ITEM-HMAC TRANSITION ........................................................................................................ SP-20 48. PAY ITEM -6" PIPE SUBDRAIN .......................................................................................................... SP-20 49 . PAY ITEM-TRENCH SAFETY ............................................................................................................ SP-20 50 . PAY ITEM -8" THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION ................................................................................................................ SP-21 51. PAY ITEM -6" HMAC PAVEMENT (THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES) .................................................................................................................. SP-21 52 . PAY ITEM -CONCRETE FLAT WORK (CURB , CURB & GUTTER, SIDEWALKS , LEAD WALKS , WHEELCHAIR RAMPS AND DRIVEWAYS) ................................................................. SP-22 53 . PAY ITEM -REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS , LEAD WALKS AND WHEELCHAIR RAMPS .................................................................. SP-22 54 . PAY ITEM -REMOVE EXISTING CURB AND GUTTER ................................................................... SP-22 55 . PAY ITEM-REMOVE EXISTING CURB INLET ................................................................................ SP-22 56 . PAY ITEM -6" REINFORCED CONCRETE DRIVEWAY ................................................................... SP-23 57 . PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS ........................................................ SP-23 58. PAY ITEM-4 ' STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP ....................................................................................................... SP-23 59 . PAY ITEM-REMOVE AND REPLACE FENCE .................................................................................. SP-23 60. PAY ITEM-STANDARD 7" CURB AND 18 " GUTTER ..................................................................... SP-24 61. PAY ITEM -REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS .......................... SP-24 62. PAY ITEM -BORROW ........................................................................................................................... SP-24 63 . PAY ITEM -CEMENT STABILIZATION ............................................................................................. SP-24 64 . PAY ITEM -CEMENT ........................................................................................................................... SP-24 65 . PAY ITEM-NEW 7" CONCRETE VALLEY GUTTER ....................................................................... SP-24 66 . PAY ITEM-STORM DRAIN INLETS .................................................................................................. SP-25 67 . PAY ITEM-TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN ........................................................................................................ SP-25 68. PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE) ................................................................... SP-25 69. PRE BID ITEM -PROJECT DESIGNATION SIGN ............................................................................... SP-27 70. PRE BID ITEM -UTILITY ADJUSTMENT ........................................................................................... SP-27 71. PRE BID ITEM -TOP SOIL .................................................................................................................... SP-27 72. PRE BID ITEM-ADJUST WATER VALVE BOX ................................................................................ SP-28 73. PRE BID ITEM-MANHOLE ADJUSTMENT ....................................................................................... SP-28 74. PRE BID ITEM -ADJUST WATER METER BOX ................................................................................ SP-28 75 . NON-PAY ITEM-CLEARING AND GRUBBING ................................................................................ SP-28 76 . NON-PAY ITEM -SPRINKLING FOR DUST CONTROL ................................................................... SP-28 77 . NON-PAY ITEM-PROTECTION OF TREES , PLANTS AND SOILS ................................................ SP-28 78 . NON-PAY ITEM -CONCRETE COLORED SURF ACE ....................................................................... SP-29 10/27/04 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table o/Contents 79 . NON-PAY ITEM -PROJECT CLEAN-UP .............................................................................................. SP-29 80. NON-PAY ITEM -PROJECT SCHEDULE ............................................................................................ SP-29 81 . NON-PAY ITEM-NOTIFICATION OF RESIDENTS .......................................................................... SP-29 82 . NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION .: ............ SP-29 83 . NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING ........................................ SP-30 84 . NON-PAY ITEM-WASHED ROCK ...................................................................................................... SP-30 85. NON-PAY ITEM -SA WCUT OF EXISTING CONCRETE ................................................................... SP-30 86. NON-PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES .......................................................................................... SP-30 87 . NON-PAY ITEM -TIE-IN INTO STORM DRAIN STRUCTURE ........................................................ SP-31 88. NON-PAY ITEM -SPRINKLER HEAD ADJUSTMENT ...................................................................... SP-31 89. NON-PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS .............................. SP-31 90 . NON PAY ITEM-TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) .... SP-31 91 . NON PAY ITEM-TRAFFIC CONTROL .............................................................................................. SP-32 10/27/04 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: PAVING, DRAINAGE AND WATER IMPROVEMENTS ON 2004 (CIP) -ARTERIAL STREET PROJECT CHAPEL CREEK BLVD (IH-30 TO CHAPIN RD) CITY PROJECT NO . 00139 0 .0 .E. No. 4794 1. SCOPE OF WORK : The work covered by these plans and specifications consist of the following : Reconstruction of 7" Reinforced Concrete Pavement (5-lanes) with Lime Stabilized Subqrade and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work . 2 . AWARD OF CONTRACT : Submission of Bids : Unit 1 and Unit II constitute a package. If the Contractor submits a bid on both Unit 1 and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. The Contractor can bid either the HMAC alternate and/or the Concrete alternate . The additive alternate must be included in any bid . Bidders are hereby informed that the Director of the Department of Engineering reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer , and City -City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered . Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein , the term "Engineer" shall mean the design engineer who prepared and sealed the plans , specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project , it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated . Excess excavation will be disposed of at locations approved by the Engineer. During construction of this proj ect, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . 10/27/04 SP-4 During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . 5 . BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids as appropriate and as determined by the Director of the Department of Engineering . 6 . WATER FOR CONSTRUCTION : Water for construction will be furnished by the Contractor at his own expense . 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site . Specific attention is directed to this equipment. 8 . PAYMENT : The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9 . SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents , in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work , the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC : The Contractor's particular attention is directed to the requirements of Item 7 , "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11 . WAGE RATES : The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas , in accordance with statutory requirements , as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates be paid . (Attached at the end of this section.) 12. EXISTING UTILITIES : The locations and dimensions shown on the plans relative to existing utilities are based on the best information available . It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance . The Contractor shall take all necessary precautions in order to protect all services encountered . Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION : During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated . Excess excavation will be disposed of at locations approved by the Director of the Department of Engineering. 10/27/04 SP-5 14. MATERIAL STORAGE : Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15 . PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures , improvements and utilities, which may be encountered . The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth , they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground . 16. INCREASE OR DECREASE IN QUANTITIES : The quantities shown in the Proposal are approximate . It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid . No additional compensation shall be paid to Contractor for errors in the quantities . Final payment will be based upon field measurements . The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered , increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any cond it ions or provisions of the Contract Documents . Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories . 17. CONTRACTOR 'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect , and their personnel at the project site for Contractor's sole negligence . In addition , Contractor covenants and agrees to indemnify , hold harmless and defend , at its own expense , th e City, its officers , servants and employees , from and against any and all claims or suits for property loss , property damage , personal injury, including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor , its officers , agents , employees , subcontractors , licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemn ify and hold harmless the City from and against any and all injuries to City 's officers , servants and employees and any damage , loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City rece ives a written claim for damages against the Contractor or its subcontractors prior to final payment, final pa yment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor aga inst whom a claim for damages is outstanding as a result of work performed under a C ity Contract. 18 . EQUAL EMPLOYMENT PROVISIONS : Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12- A-29) proh ibiting discrimination in employments pract ices . 10/27/04 SP-6 The Contractor shall post the required notice to that effect on the project s ite , and at his request , will be provided by assistance by the City of Fort Worth 's Equal Employment Officer who will refer any qual ified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19 . MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No . 15530 , the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference . A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract M/WBE UTILIZATION FORM , M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable , must be submitted within fine (5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request , Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books , records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The m isrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for terminat ion of the contract and/or initiating action under appropriate federal , state , or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participa t ing in City work for a period of time not less than three years . The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City 's M/WBE Ordinance , or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications . Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office . The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals . The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of T ransportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid . The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable . Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be g iven an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract , the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall : 1. 10/27/04 Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid , and , SP -7 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contra ct which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City , and , 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM , if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers . Justification for change may be granted for the following : a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance . b. Failure of Subcontractor to prov ide required general liability of other insurance. c . Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan . d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs . 20. FINAL CLEAN-UP : Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW . is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative . This cleanup shall include removal of all objectionable rocks , pieces of asphalt or concrete and other construction materials , and in general preparing the site of the work in an orderly manner and appearance . 21 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Cert ification of coverage ("Certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81 , TWCC - 82 , TWCC-83, OR TWCC-84), showing statutory workers ' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beg inning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or pa rt of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees . This includes , without limitation , independent Contractors , subcontractors , leasing companies , motor carriers , City-operators , employees of any such entity, or employees of any entity wh ich furn ishes persons to provide services on the project. "Services " include , without limitation , prov iding , 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 . 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 10/27/04 SP-8 of Texas Labor Code, Section 401 .011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended . e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: ( 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. f . The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g . The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice , in the text, form and manner prescribed by the Texas Worker's Compensation , informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to : 10/27/04 ( 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 form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage , prior to the other person beginning work on the project; and SP-9 j . k . B . (b) a new certificate of coverage showing extension of coverage , prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) reta in all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project ; and (e) contractually require each person w ith whom it contracts , to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services . By signing th is contract or providing or causing to be provided a certificate of coverage , the Co ntractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts , and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self- insured , with the commission's Division of Self-Insurance Regulation . Providing false or misleading infor mation may subject the Contractor to administrative , criminal , civil penalties or other civil actions . The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor wh ich entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type , and shall be in both English and Spanish and any other language common to the Worker population . The text for the notices shall be the following text, without any additional words or changes : "REQUIRED WORKER'S COMPENSATION COVERAGE 10/27/04 The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing , hauling , or delivering equipment or materials , or providing labor or transportation or other service related to the project , regardless of the identify of thei r employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage , to verify whether your employer has provided the requ ired coverage , or to report an employer's failure to provide coverage". SP-10 22. SUBSTITUTIONS: The specifications for materials set out the m inimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permiss ion of the Engineer to make a substitution for the material that has been specified . Where the term "or equal", or "or approved equa l" is used , it is understood that if a material , product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City . If a product of any other name is proposed substitutes is procured by the Contractor. Where the te rm "or equal ", or "approved equal " is not used in the specifications, this does not necessa rily exclude alternative items or material or equipment wh ich may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal , and the Eng ineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions . The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen 's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained . The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25 . WORKING DAYS : The Contractor agrees to complete the Contract within the allotted number of working days . 26. RIGHT TO ABANDON : The City reserves the right to abandon , without obligation to the Contractor, any part of the project or the entire project at any t ime before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications , except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering , 1000 Throckmorton Street, 2"d Floor, Municipal Build ing , Fort Worth , Texas 76102 . The specifications applicable to each pay item are indicated in the call -out for the pay item by the Eng ineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship , or both , for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS : The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City 10/27/04 SP-11 to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area . Contractor shall protect construction as required by Engineer by providing barricades. Barricades , warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1 ." 31 . DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth 's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies . No fill permit is required if disposal s ites are not in a flood plain . Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain . Any expenses associated with obtaining the fill permit, including any necessary engineering studies , shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering , Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section . 32 . QUALITY CONTROL TESTING: (a) The Contractor shall furnish , at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken . The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material ori this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project 10/27/04 SP-12 specifications will be at the expense of the Contractor and will be billed at commercial rates as determ ined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requ irements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requ iring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material de livered to the job site. The ticket shall specify the name of the pit supplying the fill material. 33 . PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 34 . SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES : The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes , derricks , power shovels , drilling rigs , pile drivers , hoisting equipment or similar apparatus. The warning sign shall read as follows : "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm , except back hoes or dippers and insulator links on the lift hood connections . (c) When necessary to work within six feet of high voltage electric lines , not ification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers , de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth . The not ify ing department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case . (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense . (e) No person shall work within six feet of a high voltage line without protection hav ing been taken as outlined in Paragraph (c). 35 . WATER DEPARTMENT PRE-QUALIFICATIONS : Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36 . RIGHT TO AUDIT : (a) Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly 10/27/04 SP -13 pertinent books, documents , papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section . The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall , under the expiration of three (3) years after final payment under the su bcontract, 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 i n compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits . (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed . 37 . CONSTRUCTION STAKES ; The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, dra inage , etc .), one set of excavation/or stabilization stakes , and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain , transfer , etc., all stakes furnished until completion of the construction phase of the project for which they were furnished . If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost , destroyed , or disturbed , that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place , then the Contractor shall replace such stakes or markings as required . An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense . No claims for delay due to a lack of replacement of construction stakes will be accepted , and time will co nt inue to be charged in accordance with the Contract Documents. 38 . LOCATION OF NEW WALKS AND DRIVEWAYS ; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re -locate proposed new driveways and walks around existing trees to minimize damage to t rees . 39. EARLY WARNING SYSTEM FOR CONSTRUCTION : Time is of the essence i n 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. 10/27/04 A letter will be mailed to the Contractor by certified mail , return receipt requested demanding that, within 10 days from the date that the letter is received , it provide SP -14 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 indiv iduals . 5 . If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately . • 40 . AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relat ing to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS ". Typically , the OZONE SEASON, within the Metroplex area , runs from May 1, through OCTOBER 31 , with 6 :00 a.m . -10 :00 a .m . being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service , will issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such ·shall not begin work until 10 :00 a.m . whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10 :00 a .m . if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions , or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7 :00 a.m . - 6 :00 p .m ., on a designated Air Pollution Watch Day , that day will be considered as a weather day and added onto the allowable weather days of a given month . CONSTRUCTION 41 . PAY ITEM -UNCLASSIFIED STREET EXCAVATION : See Standard Specifications Item No . 106 , "Unclassified Street Excavation " for specifications govern ing this item. Remova l of existing penetration or asphalt pavement shall be included in this item . Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such . 10/27/04 SP-15 During the construction of this project , it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid . The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities . 42 . PAY ITEM -6" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement ," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections . The unit price bid per square yard shall be full payment for all labor, material , equipment and incidentals necessary to complete the work . (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage , the following pol icy will apply: (1) When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed. (2) If the crack is due to distress (structural), the failed pavement must be removed and replaced a m inimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43 . PAY ITEM -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT : 1. SCOPE CITY OF FORT WORTH , TEXAS TRANSPOR TATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18 , 1989) (Rev ision 2 , May 12 , 1994) This specificat ion for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314 .2. (11) "Joint Sealing Materials " of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH , and Item 2.210 "Joint Sealing " of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH TEXAS COUNCIL OF GOVERNMENTS . 2. MA TE RIALS 2 .1 The silicone joint sealant shall meet Federal Specification TT -S-001543A for Class A sealant except as modified by the test requirements of this specification . Before the installation of the joint sealant , the Contractor shall furnish the Eng ineer cert ifica tion by an independent test ing laboratory that the silicone joint 10/27/04 SP-16 sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems . Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted . The silicone sealant shall be cold applied. 2 .3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, Ml 48686-0994, or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min . 96 to 99 MIL-S-8802 Extrus ion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time, minutes max. 60 **** Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED -AFTER ASTM D 412, Die C Mod . Elongation , % min . 1400 ASTM D 3583 Modulus @ 150% Elongation , psi max. 9 (Sect. 14 Mod .) ASTM C 719 Movement, 10 cycles@ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete,% Elongation min . 600 (Sect. 14 Mod .) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them . Reference is made to the "Construction Deta il" sheet for the various joint details with their respective dimensions . 3. TIME OF APPLICATION 10/27/04 On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch SP-17 width "green " saw-cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation . Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the _ freshly saw cut joints .) The pavement shall be allowed to cure for a minimum of seven (7) days . Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed . During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising . 4. EQUIPMENT 4.1 All necessary equ ipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work . The minimum requirements for construction equipment shall be as follows : 4.2 Concrete Saw : The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions . 4 .3 High Pressure Water Pump : The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm . There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump : T he output shall be capable of supplying a sufficient volume of sealant to the join t. 4.6 Injection Tool : This mechanical device shall apply the sealant uniformly into the joint 4 .7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4 . 4 .8 Backer Rod Rolle r and Tooling Instrument: These devices shall be clean and free of contamination . They shall be compatible with the join depth and width requirements . 5. CONSTRUCTION METHODS 5.1 General : The joint reservoir saw cutting , cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the "Construction Detail " sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints : Immediately after sawing , the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. 10/27/04 SP-18 When the Contractor elects to saw the joint by the dry method , flushing the joint with high pressure water may be deleted . The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18 , 1989) After complete drying, the joints shall be sandblasted . The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination . If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning , the bond breaker and sealant shall be placed in the joint. Open , cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape , the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry . Unsatisfactorily sealed joints shall be refilled . Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints . The pavement surface shall present a clean final condition . Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints . He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences . 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials . The manufacturer shall agree to provide any replacement material free of charge to the City . Also, the Contractor shall provide the Engineer a written warranty on all sealed joints . The Contractor shall agree to replace any failed joints at no cost to the City . Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7 . BASIS OF PAYMENT 10/27/04 Payment will be made at the Contract bid item unit price bid per linear foot (L.F.) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of SP-19 shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications . 44. PAY ITEM -7" CONCRETE CURB: The Contractor may, at his option , construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows : Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than th irty (30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 45 . PAY ITEM -RETAINING WALL: This item will consist of placing retaining walls in locations and at heights determined by the engineer in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows : Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M 13 "Retaining Wall With Sidewalk" where applicable. All existing brick and/or stone reta i ning walls not significantly impacted by proposed grade changes will be protected . Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 46 . PAY ITEM -REPLACE EXIST . CURB AND GUTTER : This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in the field . The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed . Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "REPLACE EXIST. CURB AND GUTTER" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 4 7 . PAY ITEM -HMAC TRANSITION : Th is item will consist of the furnish ing and plac ing at varying thicknesses an HMAC surface in transition areas where indicated on the plans , as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312 . The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials includ ing all labor, equipment, too ls and incidentals necessary to complete the work . 48 . PAY ITEM --6 " PIPE SUBDRAIN : No specific location for this item is designated on the plans . Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 49 . PAY ITEM -TRENCH SAFET Y : Description: This item will consist of the bas ic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench . The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole 10/27/04 SP-20 responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman . The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration , U .S . Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification . The Contractor shall , in addition , comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal , which shall be total compensation fo r furnishing design , materials , tools , labor, equipment and incidentals necessary, including removal of the system . Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 50 . PAY ITEM - 8 " THICK LIME STABILIZED SUBGRADE & CEMENT FOR SUBGRADE STABILIZATION : See Standard Specifications Item No. 210 , "Lime Treatment (Material Manipulation)" and Specification Item No. 212 , "Hydrated Lime and Lime Slurry" for specifications governing this item . Quantities for this pay item are approximate and are given only to establish a unit price for the work. The price bid per square yard for "8 " THICK LIME STABILIZED SUBGRADE" as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the work . The price bid per ton for "LIME FOR SUBGRADE STABILIZATION " as shown in the Proposal will be full payment for materials necessary to complete the work. 51. PAY ITEM - 6 " H .M.A.C . PAVEMENT (Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 3" deep Type "B'' course placed in one lift. The surface course shall be a 3" deep Type "D " course placed in one lift. All provisions of Standard Specification No . 312. 7 'Construction Tolerance' shall apply except as modified herein : 1) After completion of each asphalt paving course , core tests will be made to determine compliance with the contract specifications. The hot-m ix asphaltic concrete pavement will be core drilled by the City of Fort Worth . The thickness of the asphaltic surface will be determined by measurement cores taken at locations deter mined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than % of the roadway width . 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness w ith surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness . Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 10/27/04 SP-21 5) No additional payment over t he contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications . 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type "B" and "D " asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2) years old . Upon submittal of the design mix a Marshal (Proctor) will be calculated , if one has not been previously calculated , for the use during density testi ng . For type "B" asphalt a maximum of 20% rap may be used . No Rap may be used in type "D " Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of t he asphalt. The Contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities . The required Density for Type "B'' and for Type "D " asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing . After a rolling pattern is establ ished , densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B'' and "D " asphalt. Densities on type "B'' must be done before Type "D" asphalt is applied . Cores to determine thickness o f Type "B" asphalt must be taken before Type "D " asphalt is applied . Upon completion of the app lication of Type "D " asphalt additional cores must be taken to determine the appl ied thickness . 52 . PAY ITEM -CONCRET E FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS , LEADWALKS, WHEELCHAIR RAMPS AND D RIVEWAYS): Concrete flatwork is defined as cu r b , curb and gutter, s idewalks , leadwalks, wheelchai r ramps and driveways as shown in the plans . T his provision governs the sequence of work related to concrete flatwork and shall be cons idered a supplement to the specifications governing each specific item . Required backfilling and finished gradi ng adjacent to flatwork shall be completed in order for the flatwork to be accepted and measu red as completed. No payment will be made for flatwork until the pay item has been completed , which includes backfilling and finished grading . 53. PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS, LEADWALKS AND WHEEL CHAIR RAMPS : This item includes removal of existi ng concrete sidewalks , driveways, steps , leadwalks and wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item No. 104 "Removing Old Concrete", for Specifications g overning this item . 54. PAY ITEM-REMOVE EXISTING CURB AND GUTTER: Where shown on the plans or where designated by the Eng ineer, existing curb and or gutter and existing laid down curb shall be re m oved and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, tools , and incidentals necessary to complete the job. 55 . PAY ITEM -REMOVE EXISTING CURB INLET: 10/27/04 SP-22 This item shall include all labor, materials , and equipment necessary to remove and dispose of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. 56. PAY ITEM - 6" THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504, "Concrete Sidewalks and Driveways " for specifications governing this item as well as details S-S5 and S-S5A . The price bid per square foot for "6 " THICK REINFORCED CONCRETE DRIVEWAY" as shown in the Proposal will be full payment for materials including all labor, equ ipment, tools and incidentals necessary to complete the work . 57 . PAY ITEM -REMOVE AND CONSTRUCT CONCRETE STEPS : See Standard Specification Item No . 516 , "Concrete Steps" for specifications governing this item as well as details SM-3 . The price bid per each for "REMOVE CONCRETE STEPS" and "CONSTRUCT CONCRETE STEPS " as shown in the Proposal will be full payment for materials including all labor, equ ipment, tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 58 . PAY ITEM-4' STANDARD CONCRETE SIDEWALK. LEADWALKAND WHEELCHAIR RAMP : All applicable provisions of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified . The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details,· or as directed by the Engineer. The Contractor shall not remove any regulatory sign , instruction sign , street name and sign or other sign which has been erected ·by the City . The Contractor shall contact Signs and Marking Division , TPW (Phone 871-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M . Scofield Company or equal. The color hardener shall be brick red color and dry-shake type , and shall be used in accordance with manufacturers instructions . "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension , or other dimension approved by the Engineer, meeting the aforementioned specification . The sample , upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item . The method of application shall be by screen , sifter, sieve or other means in order to provide for a uniform color distribution ." 59 . PAY ITEM -REMOVE AND REPLACE FENCE : This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence . Their constructed fence shall be equal in every way , or superior, to the fence removed . The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence , and for any damage or injury sustained by persons , livestock or property on account of any act of omission , neglect or misconduct of his agents , employees , or 10/27/04 SP-23 subcontractors . The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 60. PAY ITEM -STANDARD 7" CURB AND 18" GUTTER: All provisions of Standard Specification No. 502 'Concrete Curb and Gutter' shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: a. A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. b . If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete. Standard Specifications Item No. 502 , shall apply except as herein modified . Concrete shall have minimum compressive strength of three thousand (3 ,000) pounds per square inch in twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs .) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required . 61 . PAY ITEM -REMOVE AND RECONSTRUCT MAILBOXES/ MISCELLANEOUS: This item includes the removal and reconstruction of existing mailboxes, brick walls , flowerbed trim and miscellaneous items within the right of way which may be damaged or removed during construction. When possible, the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items . Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition . All applicable provisions of City of Fort Worth Construction Standards shall apply. 62. PAY ITEM-BORROW: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter as shown on the proposal and will be full compensation for the removal and disposition of the curb, curb and gutter, laydown curb removed, and for all labor, tools , and incidentals necessary to complete the job. 63. PAY ITEM -CEMENT STABI LZATION : All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 64 . PAY ITEM -CEMENT: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 65 . PAY ITEM -NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field . 10/27/04 SP-24 - Removal of existing , asphalt pavement, concrete base , curb and gutter, and necessary excavat ion to install the concrete valley gutters all shall be subsidiary to this pay item . Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item . See standard specification Item No . 314", Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No . 104, "Removing Old Concrete", Item No . 106, "Unclassified Street Excavation" Item No . 208 "Flexible Base ." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included . Contracto r may substitute 5" non-reinforced (2 :27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch . Contractor shall work on one -half of Valley gutter at a time , and the other half shall be open to traffic . Work shall be completed on each half within seven (7) calendar days . 66 . PAY ITEM -STORM DRAIN INLETS: An alternative method of construction for these items will be "Pre-Cast" manholes and inlets . If the Contractor desires to use this method , he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable . The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444 , "Manholes and Inlets " and said construction shall be in compliance with all other requirements of Item 444 where applicable . 67 . PAY ITEM-TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN : Work under th is item includes all the proposed excavation and backfill in the project area and the necessary fill area . Payment will be made for the quantity of earth excavated/backfilled . The placing of fill shall be subsidiary to the trench excavation/backfill price . Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications . All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall . be, but not limited to : rocks, concrete , asphalt , debris , etc . The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices . 68 . PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT : As defined by Texas Commission on Environmental Quality (TCEQ) regulat ions , a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http ://www .tnrcc.state .tx .us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and des igned in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construct ion 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%. 10/27/04 SP-25 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 act ivities 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 ma iled to : Texas Comm ission 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 qua li fy 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 tox ic waste management plan and a narrative defin ing site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Five of the project SWPPP 's are available for viewing at the plans desk of the Department of Engineering . The selected Contractor shall be prov ided with three copies of the SWPPP after award of contract, along with unbounded copies of all fo rms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES : A Notice of Intent (NO i ) 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 subm it a schedule for implementation of the SWPPP . Deviations from the plan must be submitted to the eng ineer 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 fin al 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 . 10/27/04 SP-26 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 , sodd ing , 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 conta ined in the project SWPPP. FOR DISTURBED AREAS LESS THAN 1 ACRE , SPECIAL PROVISION 23 -40 SHALL BE APPLICABLE. 69. PRE BID ITEM -PROJECT DESIGNATION SIGN : The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction . Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with ·the enclosed detail. The quality of the pa int, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The s ign shall be constructed of%" fir plywood , grade A -C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction . The work , which includes the painting of the signs , installing and removing the signs , furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70 . PRE BID ITEM -UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain . An arbitrary figure has been placed in the Proposal ; however, this does not guarantee any payment for utility adjustments , neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsib ility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determ ined necessary by the Engineer. Should the Contractor damage service lines due to his negligence , where such lines would not have required adjustment or repair otherwise , the lines shall be repaired and adjusted by the Contractor at the Contractor's expense . The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments . 10/27/04 SP-27 71 . PRE BID ITEM -TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb . The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) ticket s and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed . 72 . PRE BID ITEM -ADJUST WATER VALVE BOX : Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces . The unit price bid will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work. 73 . PRE BID ITEM -MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No . 450 shall apply except as follows : Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic seal i ng compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions . 74 . PRE BID ITEM -ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes , which are within 0.1' of specified parkway grade. The unit price bid will be full payment for materials including all labor , equipment , tools and incidentals necessary to complete the work. 75. NON-PAY ITEM -CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102 , "Clearing and Grubbing ." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76 . NON-PAY ITEM -SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77 . NON-PAY ITEM -PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards , shrubs , trees , etc . shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance , the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871- 5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. 10/27/04 SP-28 To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning pa int is recommended. 78. NON-PAY ITEM -CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces , excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color , a dry-shake hardener manufactured by L.M . Scofield Company or equal , shall be used in accordance with manufacturers instructions . Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications . The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen , sifter, sieve , or other means in order to provide for a uniform color distribution. 79 . NON-PAY ITEM -PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up wor k shall be done as d irected by the Engineer as the work progresses or as needed . If, in the opinion of the Eng ineer 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 the paving and curb and gutter has been constructed . No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80. NON-PAY ITEM -PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference . This schedule shall detail all phases of construction, including project clean up , and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in . Project schedule will be updated and resubmitted at the end of every estimating period . All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM -NOTIFICATION OF RESIDENTS : In order to cut down on the number of complaints from residents due to the dust generated when saw- cutting joints in concrete pavement, the Contractor shall notify residents , in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 82 . NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION : Prior to beg i nning 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 : 10/27/04 SP-29 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 addi tion , 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 res idents of the block . An electron ic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre -construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 83 . NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING : After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor , inspector, and project manager shall meet with all affected residents and present the projected schedule , including construction start date , and answe r any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. 84 . NON-PAY ITEM -WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed , crushed stone and shall meet the following gradation and abrasion : (Actual washing not required if gradation is met) Sieve Size 1" 1/2 " 3/8 " #4 #8 % Retained 0-10 40 -75 55 -90 90-100 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S .T .M . Designation C-131 . 85 . NON-PAY ITEM -SAWCUT OF EXISTING CONCRETE : When existing concrete or H.M.A.C . is cut , such cuts shall be made with a concrete saw . The Contractor may break out curb and gutter to the nearest joint if he chooses . All sawing shall be subsidiary to the unit cost of the respective item . 86 . NON PAY ITEM -LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES : The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a part icular street. The Contractor shall attempt to include the construction engineer (if he is ava ilable) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure . It shall be the Contractor's respons ibil ity to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the 10/27/04 SP-30 Contractor shall notify the ut ilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons : Company Southwestern Bell Telephone Texas Utilities Lone Star Telephone Number (817) 338-6275 (817) 336-9411 ext. 2121 (817) 336-8381 ext. 372 Contact Person "Hot Line " Mr. Roy Kruger Mr. Jim Bennett Of course , under the terms of th is contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities , one traffic lane at a time within five (5) working days after completing the lay ing of proposed H.M.A.C . overlay adjacent to said facilities . Any deviation from the above procedure and allotted working days may result in the shut down of the recycl ing operation by the Construction Engineer. The Contractor shall be responsible for all materials , equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 87 . NON PAY ITEM -TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the b id price for the respective lines . 88 . NON PAY ITEM -SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section . No other compensation will be provided . 89 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS : A fee for street use permits is in effect. In addition , a separate fee for re-inspections for parkway construction , such as driveways , sidewalks , etc .. will be required . The fees are as follows : The street permit fee is $50.00 per permit with payment due at the time of permit application. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 90 . NON PAY ITEM -TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION : This item shall consist of temporary soil erosion sediment and water pollut ion control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes, dames , berms, sediment basins, fiber mats , jute netting, temporary seeding , straw mulch , asphalt mulch , plastic liners , rubble liners , baled-hay retards , dikes , slope dra ins and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way , clearing and grubbing , the surface area of erodible-earth material exposed by excavation , borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams , other water course , lakes , ponds or other areas of water impoundment. Such work may involve the construction of temporary berms , dikes , dams , sediment basins , slope dra ins 10/27/04 SP-31 and use of temporary mulches , mat s , seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion . Temporary poll ution-control measures shall be used to prevent or correct erosion that may develop during constructi on prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way , clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capabil ity and progress in keeping the finish grading , mulching, seeding , and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil- erosion-control measures shall be p erformed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will min imize the amount of sediment entering streams . 2 . Frequent fordi ngs of live streams will not be permitted ; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in w riting by the Eng ineer, mechanized equipment shall not be operated in live streams . 3 . When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream . 4 . All waterways shall be cleared as soon as practicable of false work , piling , debris or other obstructions placed during construction operations that are not part of the finished work . 5 . The Contractor shall take sufficient precautions to prevent pollution of streams , lakes and reservoirs with fuels , oils , bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams , lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the appl icable construction , the Contractor shall submit for approval his schedules for accomplishment of soil -erosion-control work and his plan to keep the area of erodible-earth material to a minimum . He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials . No work shall be started until the soil-eros ion control schedules and methods of operations have been reviewed and approved by the Engineer. F . MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion con t rol shall be considered subsidiary to the contract and no extra pay will be given for this work . 91 . NON PAY ITEM -TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ," codified as Article 6701 d Vernon 's Civil Statutes , pertinent sections being Section Nos . 27, 29 , 30 and 31 . A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 392-8712 , at the pre-construction conference. Although work will not begin until the traffic control 10/27/04 SP-32 plan has been reviewed , the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign , street name sign or other sign , which has been erected by the City . If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division , (Phone Number 871-7738) to remove the sign . In the case of regulatory signs , the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the requ ired specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas ." 10/27/04 SP-33 (To be printed on Contractor's Letterhead) Date: ____ _ DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: -- LIMITS OF CONST.: -------------Estimated Duration of Construction on your Street : _ days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL< REPLACE WATER AND/OR SEWER LINES -RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HA VE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 10/27/04 SP-34 - SECTION D UNIT I -WATER IMPROVEMENTS UNIT II -NOT USED UNIT Ill-PAVING & DRAINAGE IMPROVEMENTS Certificate of Insurance Performance Bond Payment Bond Maintenance Bond Contract Contractor Compliance with Worker's Compensation Law Conflict of Interest Questionaire Prevailing Wage Rates ,, - CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No .4794 and City of Fort Worth Project No . ~ Project No. 00139. STATE OF TEXAS COUNTY OF TARRANT § § § Title :----------- Date : ----------- ........_ B~ore11 _ me , the undersigned authority, on this day personally appeared u(;.L,l.L · utlrea;:b,4cnown 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 Gilco Contracting, Inc. for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this JQ_ day of ~. 2011]_. LEIA MCQUIEN Mv commlsai<>f'\ exp1r91 ht)te!Obef 29, 2009 J} lUQ < YflC Q ll t OAA- Notary Public in and for the State of Texas Bond No. 6492830 PERFORMANCE BOND THE ST ATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Safe co In s uran ce Company That we (1) Gilco Contracting, Inc. as Principal herein, and (2) of Amerjca , a corporation organized under the laws ofthe State of (3) Wa shington • and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton-Counties, Texas, Obiigee herein, in the sum .of: Six Hundred Ninety-five Thousand Eight Hundred Ninety-two and 301100 .... _. ..................................... -, .. .. ($6951892.30) Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Piincipal has .-entered inte a certain -contract with-the Obligee dated the 28th of August, 2907 a cepy of which is attached hereto anctmade a part hereof, for the-construction of: Pavement Reconstruction aD(fWater Line Replacement on Chapel Creek BouluarCHIH30-Chapin Road) NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance w ith 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 reasen of Principars 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 WI1NESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. (SEAL) 6331 Southwest Blvd. ~~ YY7C'~~ Witness as to Principal 6331 Southwest Blvd., Benbrook , TX 76132 Address A~: ~-< ~ < 721-tu 4-<~J/ (Surety) Secretary (SEAL) almdr&~ Witness as to Surety · 2711 N. Haskell Avenue #800 , Dallas , TX 75204 (Address) Benbrook, TX 76132 Safeco Plaza Seattle , WA 98185 (Address) of Ameri ca NOTE: Date of Bond must not be prior to date of Contract ( 1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation ofSW'Cty Telephone nwnber of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OFT ARRANT § § § Bond No . 6492830 PAYMENT BOND KNOW ALL BY THESE PRESENTS: Safeco Insurance Company That we, (I) Gilco Contracting, Inc., as Principal herein, and (2) __ o._.f...,_A ...... m~er~ic~a...__ _____ _ __ __, a corporation organized and existing under the laws of the State of(3) Washington , 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 Six Hundred Ninety-five Thousand Eight Hundred Ninety-two and 30/100 ............................... Dollars -($695,892.30) for the payment whereof, the said Principal and-Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with "the Obligee dated the 28th day of August, 2007, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Pavement-Reconstruction and Water Line Replacement on Chapel Creek Boulevard QH30 -Chapin Road) NOW, THEREFORE, THE CONDITION OF TRIS 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 authorcized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 28th day of, August 2007. Title: __ P_re_si_d_en_t _____ _ Address: 6331 Southwest Blvd. Benbrook, TX 76132 Safeco Insurance Company of America ATTEST: By : , Qa«, < -7n-cz,...,4"'./ Secretary SUR~~ Name: Lisa M~Bot Attorney in ·Fact (S-EA L) Address : Safe co Plaz a ~/Zt~ Seattle, WA 98185 Witness as to Surety Telephone Number: 972 /808-4775 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. Bond No . 6492830 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § Safe co Insurance Company That Gilco Contracting, Inc. ("Contractor"), as principal, anct_o_f_A_m_e_ri_ca-'------- __ _. a .corporation organized under the laws of the State-of Washington , ("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 Six Hundred Ninety-five Thousand Eight Hundred Ninety-two and 30/100 ............................................................................................................................... -....... ." .. Dollars ($695,892.30), 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 , joinUy-and sewrally. 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 28th of August, 2007, a copy of which is hereto attached and made a part ·hereof, for the performance of the following described public improvements: Pavement Reconstruction and Water Line Replacement on Chapel Creek Boulevard (IH30 - Chapin Road) the same being referred to herein and in said contract as the Work and being designated as project number(s) City Proiect No. 00139 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 concfrtion 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 (2l years; and WHEREAS, said _ Contractor binds itself to repair or recoAstruct the Work-in WRole 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. tN WITNESS WHEREOF, this instrument is executed in§. counterparts, each of which shatl be deemed an original, this 28th day of August, A.O. 2007. ATIEST: (SE AL) ATIEST: (SE AL) ~-. ?rkn;-d0d/ Secretary Title: __ P_re_si_d_en_t ________ _ Safeco Insurance Company of America ::re~~~ Nam:: Lisa M.Bnot Title: Attorney-in-fact Safeco Plaza Seattle WA 98185 -Address POWER Safeco In surance Company of America General In surance Company of America Safeco Plaza OF ATTORNE Y Seattle, WA 98185 KNOW ALL BY THESE PRESENTS : No. 3698 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMER ICA , each a Washington corporation , does each hereby appoint ***LISA M. BONNOT; DONE. CORNELL; CHRISTINE DAV IS; ROBBI MORALE S; LUKE J. NOLAN , JR.; RICARDO J. REYNA ; JERRY P. RO SE; Da 11 as, Texa s******************************************************************************************************************** its true and lawful attorney(s)-in-fact , w ith full authority to execu te on its behalf fidelity and surety bonds or undertakings and oth er documents of a similar character issued in the course of its bu si ness, and to bind the respe cti ve company th ereby . IN WITNESS WHEREOF , SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested thes e pres ents this 21st ---------------day of August 2007 ~--¥;~~ STEPHANIE DALEY-WATSON .SECRETARY TIM MIKOLAJEWSKI , SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA : "Article V , Section 13 . -FIDEL ITY AND SURETY BONDS ... the President , any V ice President, the Se cretary , and any Assistant Vi ce President appointed for that purpose by the office r in charge of surety operations , shall ea ch have authority to appoint individuals as attorneys-in-fact or und er other appropriate titles with authority to execute on beha lf of the company fide lity and su rety bonds and other documents of similar character issued by the company in the course of its business ... O n any instrument making or evidencing such appointment, the signatures may be affixed by facsimile . On any instrument conferring such authority or on any bon d or undertaking of the company , the seal, or a fa csimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necess ary to the validity of any such instrument or undertaking ." Extra ct from a Resolution of th e Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 , 1970 . "On any _certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V , Section 13 of the By-Laws, and (ii) A copy of the po wer-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-a ttorney appointment is in full force and effect , the s ignature of the certifying offi cer may be by facs imile , and the seal of the Company may be a facsimile th ereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY O F AMER ICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations , and of a Power of Attorney issued pursuant thereto , are true and correct, and that both the By-Laws, the Resolution and the Power of Attorn ey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facs imile seal of sa id corporation this 28th day of August 2007 STEPHANIE DALEY -WA TSON , SECRETARY Sa feco® and th e Sa feco logo are registered trademarks of Sa fec o Corporation . S-0974/DS 4/05 W EB PDF Figure: 28 TAC §1 .601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Home Office Surety at (206) 473-3799 . AVISO IMPORTANTE Para obtener informacion o para someter una queja : Usted puede contactar a servicio de la oficina principal de Safeco Surety al : 206-473-3799 . 3 You may call (company)'s toll-free telephone Usted puede llamar al numero de telefono number for information or to make a complaint gratis de (company)'s para informacion o para at: someter una queja al : (800) 472-5357 Surety Option #7 4 You may also write to Safeco Insurance Company at: Safeco Plaza Seattle, WA 98185-0001 5 You may contact the Te xas Department of Insurance to obtain information on companies , coverages , rights or complaints at: (800) 252-3439 6 You may write the Texas Department of Insurance : P.O . Box 149104 Austin , TX 78714-9104 Fax : (512) 475-1771 Web : http://www .tdi .state .tx .us E-mail: ConsumerProtection@tdi . state . tx . us (800) 472-5357 Surety Opci6n De #7 Usted tambien puede escribir a Safeco Insurance Company : Safeco Plaza Seattle, WA 98185-0001 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias , coberturas , derechos o quejas al : (800) 252-3439 Puede escribir al Departamento de Seguros de Texas : P .O. Box 149104 Austin, TX 7 8714-91 04 Fax : (512) 475-1771 Web : http://www .tdi.state .tx .us E-mail : ConsumerProtection@tdi. state . tx . us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved , you may contact the Texas Department of Insurance . Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero . Si no se resuelve la disputa , puede entonces comunicarse con el departamento (TOI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for information only and does not es solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adj unto . THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH. TEXAS CONTRACT KNOW ALL BY THESE PRESENTS This agreement made and entered into this the 28th day of August A.O., 2007, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by v irtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A .O. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Tex as, and in accordance with a resolution duly passed at a regular meeting of the C ity Council of said city , and the City of Fort Worth being hereinafter termed Owner, Gilco Contracting, Inc., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improv ements described as follows: Pavement Reconstruction and Water Line Replacement on Chapel Creek Boulevard (IH30 -Chapin Road) 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the C ity of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten ( 10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4 . The C ontractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 calendar day s . 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 $315 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 . The Contractor agrees , on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended , in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas , and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be Six Hundred Ninety-five Thousand Eight Hundred Ninety-two and 30/100 ...................................................................................................................... Dollars, ($695,892.30). 9 . It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth , Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein . 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to 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 executed this instrument through its duly authorized officers in~ counterparts with its corporate seal attached . Done in Fort Worth, Texas, this the 28th day of August 2 A.D., 2007. RECOMMENDED : BY:~~ DIRECTOR, DEPARTMENT OF ENGINEERING APPROVED: 1 5 ;e~ I TRANSPORTATION/PUBLIC WORKS DIRECTOR Gilco Contracting, Inc. 6331 Southwest Blvd. Benbrook, TX 76132 CONTRACTOR TITLE 6331 Southwest Blvd Benbrook,Texas7613 2 ADDRESS November 1960 Revised May 1986 Revised September 1992 CITY OF FORT WORTH CITY MANAGER 1Yl~ Marc A. Ott, Assistant City Manager ATTEST: CITY SECRETARY (SE AL) APPROVED AS TO FORM AND LEGALITY : CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code . A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ..!J Name of person doing business with local governmental entity. D Check this box if you are filing an update to a previously filed questionnaire. FORM CIQ OFFICE USE ONLY Date Rece ived (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code , is pend ing and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate .) ~ Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. l!J Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Ame nded 01 /13/2006 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 ~ Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A , B, or C is YES.) Th is section , item 5 including subparts A , B , C & D, must be completed for each officer w ith whom the filer has affiliation or business relationship . Attach add itional pages to this Form CIQ as necessary. A . Is the loca l government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Dves DNo B. Is the filer of the questionnaire rece iv ing or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Oves DNo C . Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or d irector, or holds an ownership of 10 percent or more? Oves DNo D. Descri be each affiliation or business relationship . l§.J Describe any other affiliation or business relationship that might cause a conflict of interest. Signatu re of person do ing business with the governmental entity Date Amended 01 /13/2006 - - - - - - - - Compliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258.023. ( c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258 .023 , Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City 's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. ( d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258 .023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. ( e) Records to be Maintained . The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work , maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all - - - - - - - - - - - reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (g) Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. - - - - - - - - - .... - - - - - - - · t .. ·· · ,. . . . . . . City of Fort Worth .. ' ,·~~fa~i4't i\i}::::·:(,. .··,,·;•t'>:Highw~y _(Heavy) Col'stru.,ction . \:j~; · ~--~:J.i~t<-. ~~~~:ti . ~-:,,,?r,,J Prevaihng Wage Rates,=or2006 'it. Classifications Air Tool Operator Asphalt Raker Asphalt Shoveler Asphalt Distributor Operator Asphalt Paving Ma chine Operator Batch inq Plant Weioher Broom or Sweeper Operator Bulldozer operator Carpente r (Rough) Concrete Finisher-Pav ing Concrete Finisher -Structures Concrete Pav ing Curb ing Mach . Oper. Concrete Paving Finishing Mach . Oper. Concrete Paving Joint Sealer Oper. Concrete Paving Saw Oper. Concrete Pavinq Spreader Oper.. Concrete Rubber Crane , Clamshell , Backhoe , Derrick, Dragline , Shovel Electrician Flagger Form Builder-Structures Form Setter-Pavinq & Curbs Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Laborer-Common Laborer-Utili ty Mechanic Millinq Mach ine Operator, Fine Grade Mixer Operator Motor Grader Operator (F ine Grade) Motor Grader Operator, Rough Oiler Painter , Structu res Pavement Marking Machine Oper. Pipe Layer Roller, Steel Wheel Plant-Mi x Pavements Roller , Steel Wheel Other Flatwheel or Tamping Roller , Pneumatic , Self-Propelled Scraper Reinforcing Steel Setter (Paving) Reinforcing Steel Setter (Structure) Source is AGC of Te xas (Hwy , Hvy , Uti li ties Industrial Branch) www.access .gpogov/davisb acon/ 11 /7/200 6 Hourly Rates $10 .0 6 $11.01 $8 .80 $13.99 $12.78 $14.15 $9.88 $13.22 $12 .80 $1 2 .85 $13 .27 $12.00 $13 .6 3 $12.50 $13.56 $14.50 $10.61 $14.12 $18.12 $8.43 $11 .6 3 $11 .83 $13 .6 7 $16.30 $12.62 $9 .18 $10.65 $16.97 $11 .83 $11 .58 $15 .20 $14.50 $1 3 .17 $10.04 $11 .04 $11 .28 $10.92 $11 .0 7 $14 .86 $16.29 Classifications Scraper Operator Servicer Slip Form Mach ine Ope rator Spreader Box Operator Tractor operator, Crawler Type Tracto r operator, Pneumatic Traveling Mixer Operator Truck Dr iver-Sinole Axle /Liahtl Truck Driver-Single Axle (Heavv) Truck Driver-Tandem Ax le Semi-Trailer Truck Driver-Lowboy/Float Truck Driver-Transi t Mix Wagon Drill , Boring Mach ine , Post Hole Driller Welder Work Zone Barricade Servicer Hrlv Rts $11.42 $12 .32 $12 .33 $10 .92 $12 .60 $12 .91 $12.03 $10.91 $11.47 $11 .75 $14 .93 $12 .08 $14 .00 $13.57 $10 .09 - - APPENDICES UNIT I -WATER IMPROVEMENTS UNIT II -NOT USED UNIT Ill-PAVING & DRAINAGE IMPROVEMENTS A -Standard Figures and Details B -Geotechnical Report C -ROW Documents D -TxDOT Driveway Permit APPENDIX - A-STANDARD FIGURES AND DETAILS Roadway Base If Valve Operating Nut is More Than 3 1 Below Pave- ment Surface -Provide Extension Stem To l I Bel CM · Pavement Surface. Detail Pertains to All Gate Valve Sizes lf 11 Thru 12 11 ct Main · ru, I I _L ---1.. .:::....,-,-..::.. I I I Paving Or Other urface Material McKinley Iron and Steel Co., No. YB5 three piece valve box or equal • .._ ___ Gate Valve ,r--,~ ______ Torque bolts prior ..JoL.-BL---''--"''------'"--'"--..._--., t o back f i I l • _ ____,._--+-1----t- TYPICAL GATE VALVE AND EXTENSION STEM BOX, DETAIL 1-1-78 FIGURE 3 E 1 -IO Mater i a 1 E 2-/0Construction . -- '\ pip~ Size 4" 6" 8" 1 0" 12" l 611 20" 24 11 30 11 3611 42 11 4811 . •9.4 II NOTES: I''·. ':.: !:l e a ;-I n ~-,u e d ::, :,11 uw11 di'='· u o::.eu v i! 1 50 P .S . ~.( t es t. p ,ess u ,e. anc 3 0 0 (.. P .S.F. s o i l be a r i n g v alu e . 1500 # Co ncr et e - X Bend 1500# Concrete HORIZONTAL BLOCKING TABLE ~·0 oi mens ion "X" May Vary If Necessary To Provide Be aring Against Undisturbed Trench Wal 1 x-,·- Dim. Ft. 1 . I. 5 I. 5 I. 5 I. Cj 2 2 2 2.5 2.5 1 3 4.0 11 ° -15 1 22° -30' 45° 90 ° Tee & Plug .. Min. 1"1411)(. w11n. Max. Min. Max. Min. Max. P. Min. ~~f IIAII ArP, Vnl II RII IArPa Vnl 1•c•• Area Vol. IIQI I Area Vol. ''!="'' rPa .90 . 8( .05 .95 .90 .05 .95 .90 .05 .91 .82 .05 1. 16 • 5f . 05 • 90 .-8c .05 .95 .90 .os I.OS I. I 0 .05 I. 73 1.99 .05 1.19 1.41 . 05 .90 . 8( -05 .95 .90 .05 1.41 2.00 .05 1.86 3.47 • 1 1.57 2 .4-E . 1 . 90 • 8( .05 1.26 1.60 .05 I. 79 3.20 • I 2.18 5.b2 .2 1.99 3.9E . 15 I. I 0 I. 2( .os 1.48 2.30 . I 2. 14 4.50 .2 2.83 8.oo • 3 2.38 5.65 . 2 l. 41 2.0C • 1 2.00 4.00 . 1· 2.83 8.00 .4 3.75 l'+.10 . 6s 3. 16 10. 00 .5 l. 77 3. 1 a .2 2.54 6.20 . 3 3.52 12.40 .6 4. 70 ~ .oo 1. 15 3.94 15.55 .75 2. 14 4.50 .25 3.00 19.00 .5 4.25 18..10 .95 5.65 ~.00 1.85 4. 76 tz2. 60 ,. 05 2.66 7. I 0 .55 3.78 14. 20 1.0 5.30 28.20 I. 75 7.05 ~9,80 3 .4 5.91 l3S. 33 2. 1 3.~3 10 .oo .75 4.50 120.40 1.4 6. 36 40.80 2.65 8.50 72.00 s. 1 7.20 Sl . 00 2.95 1. 72 11. Rn 1. 2 c;_7c; tn.60 2.2 7 41 ::;c;.10 4 1 q_qo ::n. c;o 7.G 8.30 €$. 00 4. 75 4. 38 18. 30 1. 6 6.00 .lb.OD 2.9 8.48 7Z.00 5.4 11.14 13).c;o 10. 4 G.'10 CU.O• 6.1 Cj q.OO ~.2. 5( ~.00 6.70 4~00 7.00 9.40 saoo 0.00 13. 00 162.0C 16.0( 10.7CJ1500J12.0C . . M1n1mum areas shown are in square feet. Volumes shown are in cubic yards. Vertical dimensions of all block bearing areas shall be Identical to the horizontal dimension shown. HORIZONTAL BLOCKING DETAIL 1-1-78 FIGURE 9 E -I -2 0 Ma t e r i a I E-2-20 Con s truc t ion MINIMUM s• INITIAl:-;1..U.t,.......,.;-.,....= BACKFlll COVER MINIMUM s•--+!==H',-;;,-,o;.._ ..... EMBEDMENl TYPE •c• BACKFILL SEE SPEC~ E1 -2.4 G.C.O. SANO MATERIAL EMBEOMENT &: INITIAL BACKFILL SEE SPEC. E1-2.3 G.C.D. WATER: SIZES ·UP TO AND INCLUDING 12" MINIMUM INITIAL .BACKfJLL CO'k:R: __ ........,.....,..:..'""" TYPE •c• BACKFILL SEE SPEC. E1 -2.4 G.C.O . WATER -s• SEYER -12" STORM DRAIN -12• MINIMUM 6"--+ ___ _,,_ CRUSHED STONE OR SAND MATERIAL INITIAL BACKFILL SEE SPEC . E1-2.'4{b) OR Et-2.3 G.C.O . EMBEOMENT :::!':::,:,-,,-,==:r..-r.=±:n-r.:::::::n-r.:;!I,_,_, ,---__ CRUSHED STONE SEE SPEC. E1.:..2.3 G.C.O. WATER: SIZES 16" AND LARGER SEWER:' ALL SIZES STORM . DRAIN: ALL SIZES ~ O'.'. 0 l.J... >-z <( z _J _J LL ~ .. u <( ro o8 f-z w L 0 w ro L w 0 z 3: 0 I (J) (J) _J <( f-w t-----------------------------------10 SANO GRADATION •LESS 1HAN 10% PASSING #200 SIEVE •P.I. • 10 OR LESS CRUSHED STONE GRADATION SIEVE SIZE ,: RET AINEO 1" 0-10 v2· -40-75 3/a· 55-90 l'r 90-100 18 95-10(? MA TERI AL SPECIFICATIONS THE EMBEDMENT AND BACKFILL DETAILS PR0\1DED ON n-us SHEET SHALL REPLACE APPROPRIATE PRO'v1SIONS ·or · BOTH THE Et-2.,4,{b) AND E1-2.3 OF THE G.C.O. ANO SlD. SPEC. ITEM '4-02 Of THE TPW STANDARD SPEOFICATIONS FOR STREET &: STORM DRAIN CONSTRUCTION. All OTHER PROVISIONS Of THES£ ITEMS SHALL APPLY. _J _J <( O:::'. w > 0 (J) _J 0 O:::'. f-z 0 0 _J WATER, SEWER & STORM DRAIN <( EMBEDMENT AND BACKFILL DETAILS · ti -------------------~O CITY OF FORT WORTH-CONSTRUCTION STANDARD · (/) FIGURE A DATE: 2-19-02 I f- 3" ' 2.25" · . t') I ·~ 2.25" 1 I i ,-PMS 16 7 (COPPE~) I I \. 1 · \ . 3'-0" I ' I / I . I I I I ,--PM .S 288 (BLUE) I 8'-0" 3"· I I I t{--PMS 288 (BLU E) I \ '/ '\ . I . I I 4'-3" / \ You} Water t., \. I Funds In Action 3" J .75" 0 I ·~ J .75" _._-+--,.--------------+1 ---------------c--------~-_,---.t---_.._ l 0 I N . I PROJECT NAME . PROJECT NO. 00-00000-00/00-00000-00 I . . I $000,000.00 Questions on this prbject, call 871-8306 (Weekdays 7:30a.m.-4:30p.m.) Questions Ion this projecf after hours, call 871-7970 After hours viater and sewer emergencies, call 871-8300 ' I . . , I . 0 I '..q- l 0 I N 1.5" p I 1.5"_._-4-------,---Information ab ut Fort 1 1 Worth Wak 1 te 1 water Prog·rcrn, ca11 · 332-8180 1 .5" l l/) 'SI' '· E2-1 COMSTR UCTI ON I I I . I . I I I I I I I L_WHITE I I I I I I . \ I · LL PMS 288 (BLUE) ---~--LTITE .----. --+1-. ------.--------,-. ---. ---------..------~ fOJ!,·if·1\ .... ;. 60].T 'ij CITY Of' FORT WO RTH •. TEXAS DATE: 09-2004 PROJECT SIGN WTR -026 APPENDIX B -GEOTECHNICAL REPORT ,, ----------------------------··-----------------------------·-···-- FUGRO CONSULTANTS LP Report No. 0706-1107 June 9, 2006 Teague, Nall and Perkins, Inc. 1100 Macon Street Fort Worth, Texas 76102 Attention: Mr. Michael W. Wellbaum, P.E. Dear Mr. Wellbaum : PAVEMENT RECOMMENDATIONS CHAPEL CREEK BOULEVARD IH 30 FRONTAGE ROAD TO CHAPIN ROAD FORT WORTH, TEXAS 2880 Virgo Lane Dallas , TX 75229 Phone : 972-484-8301 Fax: 972 -620-7328 This letter report includes the pavement recommendation for the proposed alignment of Chapel Creek Boulevard in Fort Worth, Texas. Also included are the results of field and laboratory testing and the analyses performed to develop the pavement section . The pavement recommendations are in general accordance with the City of Fort Worth 's Pavement Design Standards Manual (2005). This study was performed in accordance with our Proposal No. 0706 -1107P dated April 13, 2006. Project Description The proposed project will consist of the reconstruction of about 837-foot section of Chapel Creek Boulevard extending from the westbound IH 30 Frontage Road to just north of Chapin Road in Fort Worth, Texas. The project site is located about one mile west of Loop 820 W just north of IH 30 as shown on Plate A. Approximate limits of the proposed reconstruction are shown on Plate B. The existing 2-lane Chapel Creek Boulevard will be widened to a 4-lane undivided roadway. The existing asphalt concrete pavement section will be removed. The reconstruction will consist of Portland Cement concrete (PCC) pavement sections with integral curb and gutter. We have assumed the proposed roadway will be a collector thoroughfare . Based on the A member of th e Fugro group of com pani es with offic es throughout the world. ' ( l --·---------------------------------~--------------------··-----·------------------------------- Fugro Project No. 0706-1107 project drawing dated March 2006, cuts and fills of less than 3 feet will be required for grading of the proposed alignment. Field Evaluation Subsurface conditions within the project alignment were evaluated by drilling and sampling two borings to depths of 15 feet below the existing grade. The boring locations were located by Fugro field personnel by measuring distances from existing streets. The approximate locations of the borings are shown on Plate B. The borings were not surveyed for elevation and location coordinates . Logs of the borings with descriptions of the soils sampled are presented on Plates 1 and 2. Keys to the te rms and symbols used on the boring logs are presented on Plates 3 and 4. Soil strata boundaries shown on the boring logs are approximate. The borings were advanced using a truck-mounted drill rig. Undisturbed cohesive soil samples were obtained using 3-inch diameter thin-walled tube samplers that were pushed into the soil. The undrained compressive strength of cohesive soils was estimated in the field using a calibrated pocket penetrometer. Samples of sandy and gravelly soils were obtained by employing spli t-spoon sampling procedures (ASTM D 1586). The 2-inch 0.0. split-spoon sampler was first seated 6 inches and then driven an additional foot with blows of a 140-pound hammer falling 30 inches . The number of blows required to drive the sampler the final foot was recorded and is designated the "standard penetration resistance ." The limestone formation was evaluated by the Texas Highway Department Cone Penetration Tests. A 3-inch diameter steel cone driven by a 170-pound hammer dropped 24 inches is the basis for Texas Department of Highways and Public Transportation strength correlations. Depending on the resistance of the materials, either the number of blows of the hammer required to provide 12 inches of penetration, or the inches of penetration of the cone due to 100 blows of the hammer are recorded on the field log included in this report. All samples were extruded from the samplers in the field, visually classified, and placed in appropriate containers to prevent loss of moisture or disturbance during transfer to the laboratory. The borings were drilled using dry auger procedures to observe water levels at the time of the exploration. Groundwater level observations were made during drilling and at the completion of drilling operations. The borings were backfilled upon completion of the borings. Water level observations are recorded on the boring logs. - 2 - _I-.-,' ---pl, ------------------------------------------------------------------------------------------------------------<±! --------·-------------------------------------·-----------------------·-------------·--- Fugro Project No. 0706-1107 Laboratory Evaluation The laboratory testing consisted primarily of the classification of the pavement subgrade soils, evaluat ion of the potential vertical movement of the pavement subgrade, the risk to lime- induced heave upon lime treatment of the pavemen t subgrade, and the optimum lime content for lime treatment. Specifically, the laboratory testing included moisture content, dry unit weight, liquid and plastic limits, percent pass ing No . 200 sieve, unconfined compressive strength , pH-lime series, soluble sulfate con tent, and one point overburden swell tests. Results of the moisture content , dry unit weight, liquid and plastic limits , percent passing No. 200 sieve, and unconfined compression tests are presented at respective sample depths on the boring logs. Results of the overburden swell tests are presented on Plate 5. Results of the pH- lime series and soluble sulfate content tests are presented on Plates 6 and 7, respectively . Subsurface Conditions Fill soils were encountered to a depth of 7 feet in Boring 8-2 . Fill soils consisted of varying amounts of clay , sand, gravel, and limestone fragments . A sample of the clay fill exhib ited a liquid limit of 46 and a plasticity index {Pl) of 27 . Fill soils overlie the tan limestone formation in Boring 8-2. Natural overburden soils were encountered to a depth of 13 feet in Boring B-1. The upper overburden clays to a depth of 5 feet are highly plastic exhibiting a liquid limit of 71 and a Pl of 47 . The deeper clays are slightly plastic exhibi ting a liquid limit of 30 and a Pl of 16 . Natural soils in Boring B-1 overl ie the tan limestone formation. The surficial clays, in their present moisture condition, exhibited a swell potential of up to 1.3 percent based on the overburden swell test results on Plate 5. Based on Test Method Tex 124- E and dry antecedent moisture , a po tent ial vertical movemen t of the pavement subgrade of about 1.5 inches was calculated. The pavement subgrade was considered to consist of clays having a Pl of 47 to a depth of 5 feet below the top of pavement and clays having a Pl of 16 below 5 fee t. Groundwater was not encountered in the borings at the time of this study based on the short- term water level observat ions . - 3 - --([/:; -----·--------------··-----· ---------------------------------- ~ -··---------· --·----·---------------·------------------------··------·---·---------------------------- Fugro Project No . 0706-1107 Minimum Pavement Section and Design Traffic The City of Fort Worth requires a minimum 7-inch Portland Cement concrete (PCC) pavement constructed on lime-treated subgrade for collector thoroughfares . In the absence of project specific traffic data, the collector streets are also required to satisfy the minimum anticipated design traffic based on the first year cumulative 18-kip equivalent single axle load (ESAL) applications of 100,000 in both directions with 1.5 percent annual growth. The city requires the collector thoroughfares be designed for a 25-year life. The minimum design traffic and the minimum pavement section as stipulated by the City are summarized in Tables 4.1 and 4.2, respectively, of the City of Fort Worth Pavement Design Standards Manual (2005). The cumulative 18-kip ESAL applications during the life of the pavement in the design lane based on the City's minimum design traffic is presented in Table 1. The total number of ESAL applications in the design lane were calculated based on the directional and lane distribution factors shown in Table 1. Table 1: Cumulative 18-Kip ESAL Applications Based on c ·t f F rt W rth' M" . R . d D . T ff 1:yo 0 0 s m1mum eq u1re es1gn ra ,c Thoroughfare Chapel Creek Boulevard Total 18-Kip ESAL in Both Directions During 100,000 the First Year of Analysis Period Annual Traffic Growth 1.5 percent Design Life 25 years Total Number of Lanes in Both Directions 4 Directional Distribution Factor 0.5 Lane Distribution Factor 0.9 Cumulative 18-kip ESAL Applications in the 1,353,000 Design Lane During Life of Pavement -4- ---@------------------------------------------------------------- ----·-------------------- Fugro Project No. 0706-1107 Pavement Design Parameters The parameters used in the pavement analyses are summarized in Table 2. The reliability and overall standard deviation values used in the analyses are based on the average values for a similar thoroughfare in the AASHTO Guide for Design of Pavement Structures, 1993. The initial and terminal serviceability indices used in the analyses are also in accordance with the AASHTO Guide. A 28-day, 3-point modulus of rupture of 600 psi was used for the pavement concrete. The modulus of subgrade reaction and drainage coefficient used in the analyses are based on the discussion presented in the following paragraphs. a e T bl 2 P arame ers se m t u d . p avemen tA na1yses 'l't," ·-· •. Parameter "" 1,. Value '('~r· ·--~ Modulus of Subgrade Reaction (k) 95 pci Concrete Modulus of Rupture (28-Day) 600 psi Concrete Elastic Modulus (28-Day) 3,500,000 psi Roadway Type Collector Reliability 88% Overall Standard Deviation 0.35 Initial Serviceability 4.5 Terminal Serviceability 2.25 Load Transfer Coefficient 2.7 Overall Drainage Coefficient (Cd) 1.0 Pavement Subgrade Preparation. It is recommended the pavement alignment be proof rolled prior to placing the fill where required and prior to lime treatment in other areas. Proof rolling should be performed in accordance with Item 216 of the TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, 2005. Soft or otherwise unsuitable subgrade should be undercut and backfilled with suitable material. Fills should be placed in maximum 8- inch loose lifts and compacted between 95 and 100 percent of their maximum dry density (ASTM D 698). Fill soils having a Pl of 15 percent or less should be compacted between -2 and +3 percentage points above the optimum moisture. Fill soils having a Pl of more than 15 -5 - -~~ ----------------·-·---------·----·------------------·--·---------------··------ Fugro Project No. 0706-1107 --------·--------------·--------· ---------------·-------------·-----··---- percent should be compacted between optimum and 5 percentage points above the optimum moisture. Utility Backfill. It is imperative that any utility backfill beneath the pavement sections be adequately compacted. The utility backfill to a depth of 10 feet may be compacted as per the above report section, "Pavement Subgrade Preparation". All backfill below a depth of 10 feet should be compacted to at least 100 percent of the material's maximum dry density (ASTM D 698) between -2 and +3 percentage points of the optimum moisture. Lime Treatment. Samples of the subgrade soils exhibited soluble sulfate contents of less than 100 mg/kg as shown on Plate 7. Soluble sulfate contents of less than 1,000 mg/kg are considered sufficiently low to not pose risk of lime-induced heaving upon lime treatment. The pavement subgrade may therefore be treated with lime at this site. Based on the laboratory pH- lime series test, 7 percent hydrated lime by dry soil weight is estimated for lime treatment (32 pounds per square yard for 6-inch thick lime treatment). The lime treatment should be performed in accordance with the City of Fort Worth Pavement Design Standards Manual, 2005; a copy of the specifications is presented in the appendix to this report. Base Layer. The heavy truck traffic is anticipated to be less than 100 trucks per day in the design lane (or less than 225 trucks per day for the 4-lane facility in both directions) during the life of the pavement. A flexible base layer or hot-mix asphaltic concrete base layer should be considered beneath the PCC pavement if the heavy truck traffic in the design lane exceeds 100 trucks per day. Load Transfer Coefficient. A load transfer coefficient of 2. 7 was used for the concrete pavement with integral curbs and adequate load transfer dowels and tiebars at the longitudinal and transverse joints in accordance with the AASHTO Guide. An adequate load transfer mechanism at the pavement joints is essential to satisfactory performance of the concrete pavement. TxDOT's or other guidelines may be used to ensure an adequate load transfer mechanism at the pavement joints. As a general guideline, the load transfer tiebars and dowels for this project may consist of: 42-inch long, No. 5 tiebars at longitudinal joints placed at 36-inch centers, and 18-inch long No . 8 dowels for 8-inch PCC thickness (or No. 7 dowels for 7-inch PCC thickness) at transverse joints placed at 12-inch centers. Proper joint spacing and construction will also be imperative to the adequate performance of concrete pavements . Guidelines provided by the City of Fort Worth or TxDOT may be used to ensure proper joint spacing and construction schedule and procedure. - 6 - -· .D-A -·---------·----------··--------------··--------Wl Fugro Project No. 0706-1107 Overall Drainage Coefficient. The proposed pavement will have curbs and gutters. The surface drainage of the pavement is therefore considered adequate. It is anticipated that the area adjacent to the pavement edges will not be irrigated and will be positively sloped away from the pavement structure. Surface water should not be allowed to pond within 10 feet of the pavement structure. An overall dra inage coefficient of 1.0 was used for a well-drained pavement section in the pavement analyses . Results of Pavement Analysis The pavement analyses consisted of evaluating the capacity of the city's minimum pavement section of 7-inch Portland Cement concrete (PCC) pavement placed on 6-inch lime-treated subgrade. The parameters used in the pavement analyses are discussed in the above paragraphs. The pavement analyses were performed using the MSHTO pavement analysis software "DARWIN ". The results of the pavement analyses are presented in Table 3. The 18- kip ESAL capacity shown in Table 3 is the total number of ESAL passes in the design lane during the life of the pavement. The capacity of the 7-inch PCC pavement placed on 6-inch lime-treated subgrade is considered adequate based on the minimum pavement capacity of 1,353,000 ESAL passes as required by the City of Fort Worth for the ir collector thoroughfares . Table 3: Recommended Pavement Section Pavement Section Portland Cement Concrete ?inches Lime-Treated Subgrade 6inches Pavement Capacity Total 18-Kip ESAL Capacity of the Pavement Section During Life of Pavement 1,644,000 (That is, Total Design Lane ESAL Capacity) Lime treatment of the pavement subgrade, joint placement, saw cutting of joints, and quality control during construction of the pavement should be performed in accordance with the City of Fort Worth Pavement Design Standards Manual, 2005 . - 7 - -@---------------------------------- Fugro Project No . 0706-1107 --------------------------------------------------------------- -@ Closure The following plates are included in the Illustrations attached with this report: Vicinity Map .................................................................................... Plate A Plan of Borings ............................................................................... Plate B Log of Borings ..................................................................... Plates 1 and 2 Terms and Symbols Used on Boring Logs ........................... Plates 3 and 4 Summary of Swell Test Results ...................................................... Plate 5 pH Lime Series Test Results .......................................................... Plate 6 Summary of Soluble Sulfate Content Test Results ......................... Plate 7 Specifications for Lime Treatment ............................................... Appendix We appreciate the opportunity to be of assistance on this project. Please contact us if you have any questions or if we can be of further service . NHS/DPUkp Copies submitted: (4) -~ .... ,,, ... ~~ O F 1 .. ,, -::~ --; ...... ./:),,·. \ Very truly yours, ,,re:,f ···*···~~ l_o, !'*. . ,.. ' FUGRO CONSULTANTS LP f..!t{ / \*'~ I .• : •.• ,,.•••••••l •••••e•••••••••• ~ ~ NA SI R H . SYED I ~;~:.:: .... ··a·3·~;9r·· .. :_::~:; • 8 ~ •1W' Na's~r H. Syed, P .. E. . 1ifz/(~8l~~:~6:P, ~ti"q ,,~~~$- David P. Lutz, P.E. Manager, Geotechnical Division - 8 - ------------ Fugro Project No. 0706-1107 ----------·------------------ --@ ILLUSTRATIONS Boring and laboratory data presented were developed solely for the preparation of this report. We are not responsible for interpretation or use of these data for purposes beyond the stated scope of this report. Subsurface conditions different than those found at our boring location may be present as a result of, among other factors, soil moisture variations, fill placement, and naturally occurring variations in soil properties and elevation of the top of the rock. -------------------------------------- FUGRO CONSULT ANTS l ! f / CHAPEL CREEK BOULEVARD PAVEMENT Street Atfo s USAb 2005 0 North SITE VICINITY MAP Westbound IH30 'Frontage Road to Chapin Road Fort Worth, Texas Date: Scale: 7 June 2 006 Not to Scale M ap Source: Delorme Street Atl as Project Number: 0706-11 07 PLATE A CHAP IN ROAD LEG END : ~ APPROXIMATE BORING LOCATION ~ APPROXIMATE LIMITS OF EXISTING PAVEMENT ----APPROXIMATE LIMITS OF PROPOSED PAVEMENT APPRO XIMATE S CALE : 1" = 125' I I I I I I \ I I I Chapel Creek Boulevard Pavement 0 North PLAN OF BORINGS Westbound IH30 Frontage Road to Chapin Road Fort Worth , Texas I FU GRO CONSU LTA NTS LP Date : Drawn By : Project No .: 6/7/06 WR 0706-1107 PLATE 8 b (!) 0 w (!) -, 0. (!) r-- 0 M 0 w (!) LOG OF BORING NO. 8-1 CHAPEL CREEK BOULEVARD PAVEMENT Westbo un d IH30 F ro ntage Road to Chapin Road FORT WORTH , TEXAS PROJ ECT NO. 0706-1107 TYPE : INTE RMITTE NT S AMPLING L OCATION : S EE PLAN O F BORINGS ~ ~ ~:: 0 ~ u. C I-Cl) -~ >-(.) w::c ..J ffi ~ c:i LA YER ~~ z • u. w STRATUM DESCRIPTION Q:'. .... -c ~ (!)~ Q:'. a. z I- ::c· 0 ..J wz 5 1-· I-• ~~ c ..: -(!) Ill a. a. en 0 ELEV./ I-w Cl) I-z w u..z u. I-:Ee :Ee I-3: Q:'. < I-o -:s ;l; Cl) >< iii iii I-::c ZwC/l Q. >-W 0 ..., DEPTH s: z _:E; <W z £! 0 Q:'.1-w Cl) < ~iii() ..J :J Q. ..J ..JC C/lo ::,w (.) I- Cl Cl) (.) w 0 <o ~Cl) 0 Q:'. (.) Q. ~ a. "' s: '\ a. SURf.. ELEVATION : UNKNOWN ~ P 2.5 CLAY (CH), D ark Grayish Brown 32 P 2.75 32 71 24 47 92 I P 2.75 32 88 1.4 ~~ P 3.5 28 ~- P 3.75 ;?\\ 28 5 P 4.25 ~ P4.5 CLA Y/(CL), Light r ell owish Brown and light gray, with 5 .0 15 30 14 16 76 litsa,aod grn,el, calcarn oos ...-/ I P 3.5 13 r 1Q - '-~-WEATHER ED LIMESTONE , Tan , fractured, with 13 .0 ===-------= ~ ferrous stains and clay layers -12 ~ - >-15 _ _:_ 4-0Q/.1,25!! ------------------------+ 15 .0 20 - COMPLETION DEP TH: 15.0 WATER LEVEL / SEEPAGE : D RY KEY: DATE DRILLED : 5-26 -06 UPON COMPLETION : DRY P = Pocket Penetrometer No te : All depths are measured in feet. FUGRO CONSULTANTS LP PLATE 1 TYPE: INTERMITTENT SAMPLING LOG OF BORING NO. 8-2 CHAPEL CREEK BOULEVARD PAVEMENT Westbound IH30 Frontage Road to Chapin Road FORT WORTH, TEXAS PROJECT NO. 0706-1107 LOCATION : SEE PLAN OF BORINGS •---,---.----.-----~--------------------·----~---------~-.--------- ~ S5 f-- 0 (!) 0 w (!) .., o._ (!) 1-u.. ::c l-o.. w 0 r-5 - STRATUM DESCRIPTION SURF . ELEVATION : UNKNOWN P 4.5 FILL , Limestone fragments (GC), Tan , with clay layers P 4.5 P 4.5 FILL, CLAY (CH/CL), Brown and tan, with limestone fraaments IOOO<XXXO<>rn 49 XII FILL, Silty Sand (SM), Tan X ~ V 43 ~- ~ --1--c-- ~ ~-'---- FILL, Sandy GRAVEL (GP), Grayish Brown and tan, angular WEATHERED LIMESTONE , Tan, fractured , with ferrous stains and clay layers -10 -~---100/1 .25" ~ ~ 1 -.:--=- ~ ~ ~ i _...::- ~ ~ r==-=_:. 1 -~ ~ r-15 -!='.'""" --'-' ~ 400/2,25."~ -------________________ _ ~ 20 - LAYER ELEV./ DEPTH 0:: .... - w z i-w <( l-s: z 0 u 12 2 .0 19 46 19 27 3 .0 6 2 7.0 4 15 .0 0~ z - (!)~ zw iii iii I/lo <( 0 O..N 42 105 1.6 til-----'----L.L..----'----------------------'----J...-......L..-......L..-....I....-...J.....-...J__---L. ___ -1 COMPLETION DEPTH : 15 .0 lB DATE DRILLED : 5-26-06 <'l 0 w WATER LEVEL/ SEEPAGE: DR Y UPON COMPLETION : DRY KEY: P = Pocket Penetrometer Note : All depths are measured in feet. (!),._ ______________________________________________ .. FUGRO CONSULTANTS LP PLATE 2 TERMS AND SYMBOLS USED ON BORING LOGS FOR SOIL SOIL TYPES ...J 6 ~CLAY(CH) ~ SHAL Y CLAY (CH) ~ CLAY(CL) II SANDY CLAY (CL) Ll Well-Graded SAND (SW) D Poorly-Graded SAND (SP) mJJ SIL TY SAND (SM) ~ CLAYEY SAND (SC) Gil Well-Graded GRAVEL(GW) ~ Poorly-Graded GRAVEL(GP) ~=~ SILTY GRAVEL (GM) I FILL Malerial SOIL GRAIN SIZE U.S .STANDARD SIEVE 6" 3" 3/4" 4 10 40 200 I I I GRAVEL I SAND I I I BOULDERS COBBLES I COARSE I FINE I COARSE I MEDIUM I FINE I S ILT I CLAY I 152 76 .2 19 .1 4.76 2.00 0.420 0 .074 0.002 SOI L GRAIN SIZE IN MILIMETERS STRENGTH OF COHESIVE SOILS <2l DENSITY OF GRANULAR SOILS (Z) UNDRAINED COMPRESSIVE STRENGTH NUMBER OF BLOWS RELATIVE CONSISTENCY Tons Per Sq. Ft. PER FT., N DENSITY Very Soft Less Than 0 .2 5 0-4 Ve ry Loose Soft 0 .25 to 0.50 4-10 Loose Firm 0 .5 to 1.00 10-30 Med ium Stiff 1.00 to 2 .00 30-50 Dense Very Stiff 2 .00 to 4.00 Over 50 Very Dense Hard greater than 4 .00 DESCRIPTIVE TERMS FOR SOIL <1l DESCRIPTION CRI TERIA MOISTURE St ra tified Alternating layers of varying Dry No water evident in sample; fines less material or color w ith layers than plastic limit. at least 6 mm thick . Moist Sample feels damp; fines near the plastic li mit Laminated Alternating layers of varying Very Moist Water visible on sample; fines greater material or co lor with the plastic limit and less than liquid limit layers less than 6 mm thick . Wet Sample bears free water; fines greater than liquid limit. Fissured Breaks along definite planes of fracture with little resistance INCLUSIONS <1l to fracturing . Slickensided Fracture planes app ear polished Parting Inclu sio n <1 /8 " thick extending through sample or glossy, sometimes striated. Seam Inclusion 1 /8 " to 3" thick extending Bl ocky Cohesive soil that can be bro ken throu gh sample . Layer Inclusion >3" thick extend ing through down into small angular lumps sample . which res ist further brea kdown . Trace <5 % of sample . Lensed In clusions of small pockets of Few 5% to 10% of sample. different soils . Little 15 to 25 % of sample . With 15% to 30 % of sampl e. REFERENCES: NOTE : Information on each boring log is a c ompilation of subsurface cond itions 1) ASTM D 2488 and soil and rock class ifications ob ta ined from the field as well as from laboratory testi1 of samples . Strata have been inte rpreted by co mmonly 2) Peck , Hanson and Thornburn , (1974), accepted proce ures . The stratum lines on the logs may be transitional and agproximate in nature . Water level measurements refer only to those Foundat ion Enginee ri ng . o served at the times and places indicated , and may vary with time, geologic condition or construction activity. FUGRO CONSULTANTS, LP PLATE 3 TERMS AND SYMBOLS USED ON BORING LOGS FOR ROCK ROCK TYPES ~ LIMESTONE § SHALE WEATHERED LIMESTONE WEATHERED SHALE HIGHLY WEATHERED LIMESTONE ARGILLACEOUS LIMESTONE SOLUTION & VOID CONDITIONS Vo id Cavities Vuggy Vesicular Porous Cavernous Friable Low Hardness Moderately Hard Very Hard Interstice; a general term for pore space or other openings in rock . Small solutional concavities. Containing small cavities, usually lined with a mineral of different composition from that of the surrounding rock . Containing numerous small , unlined cavities, formed by expansion of gas bubbles or steam during solidification of the rock. Containing pore , interstices, or other openings which may or may not interconnect. Containing cavities or caverns , sometimes quite large. Most frequent in limestones and dolomites. HARDNESS Crumbles under hand pressure Can be carved with a knife Can be scratched easily with a knife Cannot be scratched with a knife [] ~ ~ SAMPLER TYPES SANDSTONE I Thin-ill Rock walled Core Tube _ WEATHERED ~ Standard I Auger SANDSTONE Penetration Sample Test MARL rn THO Cone u Bag Penetration Sample Test WEATHERING GRADES OF ROCKMASS <1l Slightly Moderately Highly Completely Residual Soil D iscoloration indicates weathering of rock material and discontinuity surfaces. Less than half of the rock material is decomposed or disintegrated to a soil. More than half of the rock material is decomposed or disintegrated to a soil . All rock material is decomposed and/or disintegrated to soil.The original mass structure is still largely intact. All rock material is converted to soil.The mass structure and material fabric are destroyed . BEDDING THICKNESS <2l Very Thick Thick Thin Very Thin Laminated Thinly-Laminated >4' 2'-4' 2"-2' 1/2"-2" 0 .08"-1/2" <0.08" JOINT DESCRIPTION SPACING Very Close Close Medium Close Wide REFERENCES: 1) British Standard (1981) <2" 2"-12" 12"-3' >3' Code of Practice for Site Investigation BS 5930. 2) The Bridge Division, Texas Highway Dept. Foundation Exploration & Design Manual 2nd Edition.revised June, 1974 . FUGRO CONSULTANTS, LP INCLINATION SURFACES Horizontal 0-5 Slickensided Smooth Irregular Rough Polished, grooved Planar Shallow 5-35 Moderate 35-65 Undulating or granular Jagged or pitted Steep 65-85 Vertical 85-90 NOTE : Information on each boring log is a compilation of subsurface conditions and soil and rock classifications obtained from the field as well as from laboratory testing of samples . Strata have been interpreted by commonly accepted procedures . The stratum lines on the logs may be transitional and approx imate in nature. Water level measurements refer only to those observed at the times and places indicated , and may vary with time , geologic cond ition or construction activity . PLATE 4 -@ Fugro Project No. 0706-1107 8-1 4-5 8-1 5-6 30 CHAPEL CREEK BOULEVARD IH 30 FRONTAGE ROAD TO CHAPIN ROAD FORT WORTH, TEXAS 28 29 14 16 15 15 625 1.3 750 0 PLATE 5 Fugro Project No. 0706-1107 -@- CHAPEL CREEK BOULEVARD IH 30 FRONTAGE ROAD TO CHAPIN ROAD FORT WORTH, TEXAS pH-LIME SERIES TEST RESULTS Material: Boring No.: Dark Grayish Brown CLAY (CH) B-1 Depth: 1'-2' Liquid Limit: 71 Plastic Limit: 24 Plasticity Index: 47 0 7 .9 3 12.17 5 12.27 7 12.42 9 12.42 PLATE 6 --·---------------·----- Fugro Project No. 0706 -1107 ------------------------ 8-1 1-2 71 B-1 2-3 46 CHAPEL CREEK BOULEVARD IH 30 FRONTAGE ROAD TO CHAPIN ROAD FORT WORTH, TEXAS 24 47 Dark grayish brown CLAY (CH) 19 27 Brown and tan CLAY (CL) * Test Method Tex 620J Extraction ( dry weight basis) -{/j) ------------------------- < 100 < 100 PLATE 7 ----------------- Fugro Proj ect No. 0706-1107 ---------- APPENDIX SPECIFICATIONS FOR LIME TREATMENT CITY OF FORT WORTH PAVEMENT DESIGN STANDARDS MANUAL (2005) -@-- SPECIAL TECHNICAL SPECIFICATION STS-024 SUBGRADE MODIFICATION/ STABILIZATION 1.00 GENERAL This Special Technical Specifica tion (STS) covers the requirements for Modification and Stabilization of subgrades for City Streets . The design engineer may refer to this spec ification directly in the contract documents and may provide additional related specifications as required .. 1.01 WORK INCLUDED Furnish labor, materials , equipment and incidentals necessary to perform modification or stabilization of subgrades for pavements. Modification shall consist of treatment of the soil subgrade with lime or Portland cement. Stabilization shall consist of treatment of the soil subgrade with lime or Portland cement, and/or with geosynthetics and permeable bases as specified herein , and as defined in other sections of the Manual. 2 .00 LIME AND PORTLAND CEMENT MODIFICATION/ STABILIZATION A LIME MODIFICATION/ STABILIZATION Lime Modification / Stabilization (lime treatment) of the subgrade soils shall be in accordance with Item 260 of the TXDOT -2004 Standard Specifications (reference copy in Appendix C) with the following exceptions . 1. In the event of any conflict or discrepancy between Item 260 and requirements of this manual , the requirements of this manual shall take precedence. 2 . Laboratory and field testing methods shall be in accordance with appropriate ASTM standards as defined elsewhere in this manual, or other appropriate ASTM standards as designated by the Engineer , rather than the TXDOT test methods listed in Item 260 , unless approved otherwise in advance in writing by the Engineer. 3. Only slurry placement of lime will be allowed . Dry placement of lime shall not be used . 4 . In the event that soluble sulfate testing during the geotechnical exploration phas e of the project indicates the presence of soluble sulfates in the range of 2 ,000 mg/kg or higher, lime treatment shall not be used unless approved in advance in writing by the Engineer. If lime treatment is approved by the Engineer for these conditions , a 2-stage lime treatment method shall be required as listed is paragraph B below. In the event that STS-024 -1 -· soluble sulfate testing during the geotechnical exploration phase of the project indicates the presence of soluble sulfates in the range of 1,000 mg/kg or highe r , additional sulfate testing during the construction phase and 2-stage lime treatment will be required as listed is paragraph B below . 5. Measurement and Payment shall be as defined in the contract doc uments and may not be the same as listed in Item 260 . 8 . LIME MODIFICATION/ STABILIZATION IN HIGH SULFATE SOILS In soils with soluble sulfate test results of 2,000 mg/kg or higher as described in paragraph A-4 above , the following additional requirements shall apply . 1 . The lime treatment shall be applied in two stages . Approximately 60 percent of the specified lime application rate shall be applied and the subgrade shall be allowed to cure for a minimum of two weeks . Following the two-week curing period , the remaining 40 percent of the specified lime application rate shall be applied. This method will reduce the potential for sulfate induced heave, but some residual heave will likely remain . Accordingly, some residual sulfate induced heave should be expected and considered in the pavement design . In soils with soluble sulfate test results of 1,000 mg/kg or higher as described in paragraph A-4 above, the following additional requirements shall apply . 1 . Field sampling of the subgrade shall be performed on approximately SO-foot intervals with four samples being combined to form a composite sample for approximately each 200 -foot length of pavement. A specimen from each composite sample shall be tested for soluble sulfates as specified elsewhere in th is manual. If any of the sulfate test results show soluble sulfate content of 2,000 mg/kg or higher, the two-stage lime method describ ed in paragraph B-1 shall be used . C . PORTLAND CEMENT MODIFICATION/ STABILIZATION Portland cement Modifi cation / Stabilization ( cement treatment) of the subgrade soils sh all be in accordance with Item 275 of the TXDOT -2004 Standard Specifications (reference copy in Appendix C) with th e following exceptions . STS-024-2 6 . In the event of any conflict or discrepancy between Item 275 and requirements of this manual, the requirements of this manual shall take precedence. 7. Laboratory and field testing methods shall be in accordance with appropriate ASTM standards as defined elsewhere in this manual , or other appropriate ASTM standards as designated by the Engineer, rather than the TXDOT test methods listed in Item 260, unless approved otherwise in advance in writing by the Engineer. 8. Only slurry placement of cement will be allowed . Dry placement of cement shall not be used . 9. In the event that soluble sulfate testing during the geotechnical exploration phase of the project indicates the presence of soluble sulfates in the range of 2,000 mg/kg or higher, cement treatment shall not be used unless approved in advance in writing by the Engineer. 10. Measurement and Payment shall be as defined in the contract documents and may not be the same as listed in Item 275 . 3.00 GEOSYNTHETICS AND PERMEABLE BASE STABILIZATION Stabilization of the subgrade soils with geosynthetics and permeable base shal l be in accordance with requirements in Special Technica l Specifications STS-004, STS-010 , STS- 011 , STS-014, STS-020, and STS-021, and as otherwise specified in this manual and shown on the drawings . END ·OF SECTION STS-024-3 l ITEM 260 LIME TREATMENT (ROAD-MIXED) 260.1. Description. Mix and compact lime, water, and subgrade or base (with or without asphaltic concrete pavement) in lhe roadway. 260.2. Materials. Furnish un contaminated materials of uniform quality that meet the requirements of the plans and spec ifications . Notify the Engineer of the proposed material so urces and of changes to material sources. Obtain verification from th e Engineer that the specification requirements are met before using the sources . The Engineer may sample and test project materials at any time before compaction. Use Tex-] 00-E for material definitions. A. Lime. Furnish lime that meets the requirements ofDMS-6350 "Lime and Lime Slurry," and DMS-6330, "Lime Sources Prequalification of Hydrated Lime and Qu icklime ." Use hydrated lime, commercial lime slurry, or quicklime, as shown on the plans . When furnishing quicklime, provide it in bulk. B. Flexible Base. Furnish base material that meets the requirements of Item 247, "Flexible Base,".for th e type and grade shown on the plans , before the addition of lime . C. Water. Furnish water free of industrial wastes and other objectionable material. D. Asphalt. Wher. asphalt or emulsion is permitted for curing purposes, furnish material s that meet the requirements of Item 300, "Asphalts, Oils , and Emulsions," a s shown on the plans or as directed . E. Mix Design. The Engineer will determine the target lime content and optimum moisture content in accordance with Tex-121-E or prior experience with the project materials. The Contractor may propose a mix design developed in accordance with Tex-121-E. The Engineer will use Tex-121-E to verify the Contractor's proposed mix design before acceptance. Reimburse the Department for subsequent mix designs or partial de signs necessitated by changes in the material or requests by the Contractor. When treating existing materials, limit the amount of asphalt concrete pavement to no more than 50% of the mix unless otherwise shown on the plans or directed. 260.3. Equipment Provide machinery, tools, and equipment necessary for proper execution of the work. Provide rollers in accordance with Item 210, "Rolling." Provide proof rollers in accordance with Item 216, "Proof Rolling," when required . A. Storage Facility. Store quicklime and dry hydrated lime in closed, weatherproof containers. B. Slurry Equipment. Use s lurry tanks equipped with agitation devices to s lu rry hydrated lime or quicklime on the project or other approved location . The Engineer may approve other s lurrying methods. Provide a pump for agitating the slurry when the distributor truck is not equipped with an agitator. Equip the distributor tru ck with a sampling device in accordance with Tex-600-J, Part l , when u s ing commercial lime slurry . C. Pulverization Equipment. Provide pulverization equipment that : • cuts and pulverizes material uniformly to the proper depth with cutters that plane to a uniform surface over the entire width of the cut, • provides a visible indication of the depth ofcut at all times, and • uniformly mixes the materials . 260.4. Construction. Construct each layer uniformly, free ofloose or segregated areas, and with the required density and moisture content. Provide a smooth surface that conforms to the typical sections , lin es, and grades shown on the plans or as directed. A. Preparation of Subgrade or Existing Base for Treatment. Before treating, remove e~isting asphalt concrete pavement in accordance with Item l 05, "Removing Stabilized Base and Asphalt Pavement," when shown on the plans or as directed. Shape existing material in accordance with applicable bid items to conform to typical sections shown on the plans and as dir ec ted. When shown on the plans or directed, proof roll the roadbed in accordance with Item 216 , "Proof Rolling," before pulverizing or scarifying existing material. Correct soft spots a s directed . \\'hen new base material is required t o be mixed with existing base, deliver, pla ce, and spread th e new material in the required amount per s tation. Manipu late and thoroughly mix new base with existing material to provide a uniform mixture to th e specified depth before shaping. B. Pulverization. Pulverize or scarify existing material after shaping so th at 100% passes a 2-1/2-in. sieve. If the material cannot be uniformly processed to the required depth in a single pass, excavate and windrow the material to expose a secondary grade to achieve processing to plan depth . C. Application of Lime. Un iformly apply lim e using dry or slurry placement as shown on the plans or as directed . Add lime at the percentage determined in Section 260 .2.E, "Mix Des ign." Apply lime only on an area where mixing can be completed during the same working day. Start lime application only when the air temperature is at leas t 35°F and rising or is at least 40°F. The temperature will be taken in the shade and away from artificial heat. Suspend application when the Engineer determines that weather conditions are unsuitable . Minimize dus t and scattering of lime by wind. Do not apply lime when wind conditions, in th e opinion of the Engineer, cause blowing lime to become dangerous to traffic or objection a ble to adjacent property owners. When pebble grade quicklime is placed dry, mix the material and lime thoroughly at the time of lime application. Use of q11ickli111c can be dangerous. J,!form users of the recommended precautions for handling and slorage . 1. Dry Placement. Before applying lime , bring the prepared roadway to approximately optimum moisture content. When necessary , sprinkle in accordance with Item 204, "Sprinkling ." Distribute the required quantity of hydrated lime or pebble grade quicklime with approved equipment. Only hydrated lime may be distributed by bag. Do not use a motor grader to spread hydrated lime. 2. Slurry Placement. Provide slurry free of objectionable materials, at or above the approved minimum dry solids content, and with a uniform consistency that will allow ease of handling and uniform application . Deliver commercial lime s lurry to the jobsite or prepare lime slurry at the jobsite or other approved location by us ing hydrated lime or quicklime, as specified. Distribute slurry uniformly by making successive passes over a measured section of roadway until the specified lime content is reached. Uniformly spread the re sidue from quicklim e slurry over the length of the roadway being processed , unless otherwise directe d . D. Mixing. Begin mixing within 6 hours of application of lime . Hydrated lime exposed to the open air for 6 hours or more between application and mixing, or that experiences excessive Joss due to washing or blowing, will not be accepted for payment. Thoroughly mix the material and lime usin g approved equipment. Allow the mixture to mellow for 1 to 4 days , as directed . When pebble grade qui cklime is us ed, allow the mixture t o mellow for 2 to 4 days , as directed. Sprinkle the treated materials during the mixing and mellowing operation, as directed, to achieve adequate hydration and proper moisture content. After mellowing, re sume mixing until a homogeneous, friable mixture is obtained. After mixing, the Engineer will sample the mixture at roadway moisture and test in accordance with Tex-101-E, Part III, to determine compliance with the gradation requirements in Tablet. Table 1 Gradation Requirements (Minimum % Passing) Sieve Size Base Subgrade 1-3/4 in . JOO JOO 3/4 in . 85 85 No. 4 -60 E. Compaction. Compact the mixture using density control, unles s otherwise shown on the plans . Multiple li fts are permitted when shown on the plans or approved . Bring each lay er to the moisture content directed . When necessary , sprinkle the treated material in accordance with Item 204 , "Sprinkling." Determine the moi sture content of th e mixture al th e beginning and during compaction in accordance with Tex-] 03-E. Begin rolling lo ngitudin ally at th e sides and proceed toward the center, overla pping on successive trips by at least one-half th e width of the roller unit. On su perelevated c urves, begin rolli ng at the low sid e -and progress toward th e high s ide . Offset a ltern ate trips of th e roller. Operate rollers at a speed between 2 and 6 MPH , as directed. Rework, recompact, and refini sh material that fails to meet or that lo ses required moisture, density , stability, o r finish before th e next course is placed or the project is accepted . Continu e work until specification requirements are met. Rework in accordance with Section 260.4.F, "Reworking a Section." Perform the work at no additional expense to th e Department. 1. Ordinary Compaction. Roll with approved compaction equipment, as directed . Correct irregularities, depressions , and weak spots immediately by scarifying the areas affected, adding or removing treated material as required, re sh aping , and recompacting . 2. Density Control. The Engineer will determine roadway density of completed sectio ns in accordance with Tex-115-E. The Engineer may accept the section if no m o re th a n l of the 5 most recent density tests is belo w the specified density and the failing test is no more than 3 pcfbelow the specified density . a. Subgrade. Compact to at least 95% of the maximum dens ity determin ed in accordance with Tex-121-E, unless otherwise shown on the plans . b. Base. Compact the bonom course to at least 95% of the max imum density determined in accordance with Tex-121 -E, unless otherwise shown on the plans . Compact s ub sequent courses treated under this Item to at least 98% of the maximum dens ity determined in accordance with Tex-121-E, unles s otherwise shown on the plans. F. Reworking a Section. When a section is reworked within 72 hours after completion of compaction, rework the section to provide the required den s ity . When a section is reworked more than 72 hr. after completion of compaction, add additional lime at 25% of the percentage determin ed in Section 260.2.E, "Mix Design ." Reworking includes loosening, adding material or rem ovi ng unacceptable material if necessary , mixing as directed, compacting, and finishing . When den sity control is specified, determine a new ma ximum density of th e rewo rked material in accordance with Tex-121-E, and compact to at least 95% of this density . G. Finishing. Immediately after completing compaction of the final course, clip, skin, or tight-blad e the surface of the lime-treate d material with a maintainer or subgrade trimmer to a depth of approximately 1/4 in . Remove l oosened material and dispose of at an approved location . Roll the clipped surface immediately with a pneumatic tire roller until a smooth surface is attained . Add small amounts of water as needed during rolling . Shape and maintain the course and surface in conformity with the typical sections, lines , and grades shown on the plans or as directed . Finish grade of constructed sub grade in ac co rdance with Section 132.3 .f .1, "Grade Tolerances." Finish grade of cons tructed base in accordance with Section 247.4.D, "Finishing." H. Curing. Cure for-the minimum number of day s shown in Table 2 by sprink lin g in accordance with Item 204, "Sprinkling," or by applying an asphalt material at a rate of 0.05 to 0.20 gal. per square yard as directed . Maintain moisture during curing. Upon completion of c uring, maintain th e moisture content in accordance with Article 132.3.E, "Maintenance of Mois ture and Reworking" for subgrade and Article 247.4.E, "Curing" for bases prior to plac ing subsequent courses. Do not allow equipment on the fini shed course during curing except as required for s prinkling, unle ss other.vis e ap proved . Apply seals or additional courses within 14 calendar days of final compaction. Table 2 Minim um C urmg R t B f Pl equ1remen s e ore acmg s b u sequen t Courses' Untreated M:iterial Curing (Days) Pl~ 35 2 Pl > 35 5 I. Sub;ect to the approval of th e Engineer. Proof rolling may be required as an indicator of adequate curing. 260.5. Me:isurement. A. Lime. Wh en lime is furnished in trucks, the weight of lime will be determined on cenified scales, or the Contractor must provide a set of standard platform truck scales at a location approved by the Engineer. Scales must conform to the requirements of Item 520, "Weighing and Measuring Equipment." When lime is furnished in bags, indicate the manufacturer 's certified weight. Bags varying more than 5% from that weight may be rejected . The average weight of bags in any shipment, as determined by weighing IO bags taken at random, must be at least the manufacturer's cenified weight. 1. Hydrated Lime. a. Dry. Lime will be measured by the ton (dry weight). b . Slurry. Lime sl urry will be measured by the ton {dry wei g ht) of the hydrated lime used to prepare the slurry at the job site. 2. Commercial Lime Slurry. Lime s lu rry will be measured by the ton (dry weight) as calculated from the minimum percent dry solids content of the slurry, multiplied by the weight of the slurry in tons delivered . 3. Quicklime. a. Dry. Lime will be measured by the ton (dry we'ight ) of the quicklime. b. Slurry. Lime sl urry will be measured by the ton (dry weight) of the quicklime used to prepare the slurry multiplied by a conversion factor of 1.28 to give the quantity of equivalent hydrated lime, which will be the basis of payment. B. Lime Treatment. Lime treatment will be measured by the sq uare yard of surface area. The dimensions for determining the surface area are established by the widths shown on the plans and the lengths measured at placement. 260.6. Payment. The work performed and materials furnished in accordance with thi s Item and measured as provided under "Measu.rement" will be paid in accordance with Section 260.6.A, "Lime," or Section 260.6 .B, "Lime Treatment." Furnishing and delivering new base will be paid for in accordance with Section 247.6.B, "Flexible Base (Roadway Delivery)." Mixing, spreading, blading, shaping, compacting, and fini sh ing new or existing base material will be paid for in accordance with Section 260.6.B, "Lime Treatment." Removal and dis posal of existing asphalt concrete pavement will be paid for in accordance with pertinent Items or Article 4.2, "Changes in the Work." Sprinkling and rolling , except proof rolling, will not be paid for directly but will be s ub s idiary to this Item, unless otherwise shown on the plans . When proof rolling is shown on the plans or directed by the Engineer, it will be paid for in accordance with Jtem 216, "Proof Rolling ." Where subgrade is constructed under thi s Contract, correction of soft spots in the subgrade or existing base will be at the Contractor's expense. Where subgrade is not constructed under thi s Contract, correction of soft spots in the subgrade or existing base will be paid for in accordance with pertinent Items or Artic le 4 .2, "Changes in the Work." Asphalt used solely for curing will not be paid for directly , but will be s ub sid iary to thi s Item. Asphalt placed for curing and priming will be paid for under Item 310, "Prime Coat." A. Lime. Lime will be paid for at the unit price bid for "Lime" of one of the following types: • Hydrated Lime (Dry), • Hydrated Lime (Slurry), • Commercial Lime Slurry, • Quicklime (Dry), or • Quicklime (Slurry). This price is full compensation for materials, de livery, equipment, labor, tools, and incidentals. Lime used for reworking a section in accordance with Section 260.4.F , "Reworking a Section," will not be paid for directly but will be subsidiary to this Item . B. Lime Treatment. Lime treatment will be paid for at the unit price bid for "Lime Treatment (Existing Material)," "Lime Treatment (New Base)," or "Lime Treaunent (Mixing Existing Material and New Base)," for the depth specified . No payment will be made for thickness or width exceeding that shown on the plans . This price is full compensation for shaping existing material, loosening, mixing, pulverizing, providing lime, spreading, applying lime, compacting, finishing, curing, curing materials, bladi ng, shaping and maintaining, replacing, disposing of loosened materials, processing, hauling, preparing secondary subgrade, water, equipment, labor, tools, and incidentals . APPENDIX C -ROW DOCUMENTS EXHIBIT A Being a 0 .081 ofan acre portion of Lots 1 and 2, Block Hof the Westland Acres Addition, as shown by plat recorded in Volume 388 -G, Page 58 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at the northwest corner of said Lot I, Block H, from which a 3/4 inch iron rod found for the northwest comer of said Westland Acres Addition bears North 00 °2 1 '14" East, 1006.25 feet, same being at the southwest intersection of Scharf Road (a 50 feet wide ri ght of way) and Chapel Creek Boulevard (a right of way of variable width); Thence South 89°38'46" East, with the south right of way of said Scharf Road , a distance of23.34 feet to a 5/8 inch capped iron rod stamped TNP set for comer, said corner being at the beginning of a non -tangent curve to the right having a radius of3540.00 feet, and a chord that bears South 01 °44' 13" East, 134 .8 3 feet; Thence with said curve, departing said Scharf Road, over and across said Lots 1 and 2, through a central angle of02°10'57" and an arc length of 134 .8 4 feet to a 5/8 inch capped iron rod stamped TNP set for comer on the north right of way line of Interstate Highway 30 (a right of way of variable width); Thence North 89 °39 '58" West, departing said curve, with said north right of way line , a distance of 28 .26 feet to the southwest comer of said Lot 2, same being on the east right of way line of said Chapel Creek Boulevard; Thence North 00 °21' 14" East, departing said north right of way, with said east right of way, a distance of 134. 75 feet to the Point Of Beginning, and containing 0.081 of an acre (3,534 square feet) of land, more or less . 3 -z -,-o c Date Page 1 of2 0.081 ACRE RIGHT OF WAY ACQU/SIT70N SCHARF ROAD (50' RIGH T OF WAY) 0=0210;,.---, r f _ ----1 R=J540. oo· I ,~ I L=TJ4.84' t:l CB=so1-.u'1JT I lo al=TJ4.BJ' ¢~ I ~ (.5:;) 1 ..._,.,,.,.,,,,, I I f S? ~· I ,.,_q,. ~ I s >)"'C,·~ ---::.,,;. ~-_.._. ~~,,,_, ':-~· r STJ_AND ACRES ADDITION 4'<.:;.,_,,. '~~ ,_; I VdL 388-G, PG . 5Bj v"!,· .:,.0 . ~/ 1 I P.R.T.C.T. I / 2 L:,, y . / "' / ' -=-~ LU~~M~ _J L N89"J9'58 W '?,\) ~~ ~\G~ ~~~ ~$~ \~~~ 0.081 ACRE RIGHT OF WAY ACQUISITION NOTES : 1. Bearings are bued on the Tezu state Plane Coordinate Sywtem, North Central Zone (NAD83). 2. lntecral part. of thla 8UrYlly: L Le&al Deacriptlon b . Sketch 3. All camera ahall be detlned by a 15/8" capped Iron rod eel (TNP) unlen otherwln noted. MARCH 24, 2006 Date: Being a portion of Lots 1 &2 Block H WESTLAND ACRES ADDITION As recorded in Vol. 388-6, Pg. 58, P.R .T.C.T. 25 50 100 0 City of Fort Worth, ~ Tarrant County, Texas Morch 23, 2006 SHEET 2 OF 2 SCALE: 1" = 50 ' TEAGW NALL AND /IEIUCMS -·-·-1100 Macon Street Fort Worth , Te xas 76102 Pho,ur(Bl7}JJ6-517J • Fax:(617)JJ6-281J JOB NO. FTW 05221 EXHIBIT A Being a 0 .046 of an acre portion of Lots 3 and 4, Block E of the Westland Acres Addition, as shown by plat recorded in Volume 388-G, Page 58 of the Plat Records of Tarrant County, Texas , and being more particularly described by metes and bounds as follows : Beginning at the northwest comer of said Lot 3, Block E, from which a 3/4 inch iron rod found for the northwest comer of said Westland Acres Addition bears North 00°21 '14" East, 822 .25 feet, same being on the east right of way line of Chapel Creek Boulevard (a right of way of variable width); Thence South 89°38' 46" East, with the north line of said Lot 3, a distance of 10.18 feet to a 5/8 inch capped iron rod stamped TNP set for comer, said corner being at the beginning of a non-tangent curve to the left having a radius of3460.00 feet and a chord that bears South 01 °44' 13" East, 134 .83 feet; Thence with said curve, departing said north line, over and across said Lots 3 and 4, through a central angle of O I 0 20'32" and an arc length of 81.05 feet to a 5/8 inch capped iron rod stamped TNP set for the beginning of a non-tangent curve to the right having a radius of3540.00 feet and a chord that bears South 04°04'14" East, 53 .33 feet; Thence with said curve, continuing over and across said Lot 4, through a central angle of00°5 l '47" and an arc length of 53.33 feet to a 5/8 inch capped iron rod stamped TNP set for corner on the north line of Scharf Road (a 50 feet wide right of way); Thence North 89°38'46" West, departing said curve, with said north right of way line, a distance of 20 .2 1 feet to the southwest comer of said Lot 4, same being on the east right of way line of said Chapel Creek Boulevard; Thence North 00 °21 '14 " East, departing said north right of way, with said east right of way, a distance of 134 .00 feet to the Point Of Beginning, and containing 0.046 of an acre (2,018 square feet) ofland, more or less. Date Page 1 of2 NOTES: i' 1 EXHIBIT "B" _________ _ A f"I.R.FFO R ~ SU BD. COR. ~ I ----_ _J I_I _ -_I__ ~~ ....:i ~ / g ~ I WESTLAND ROAD a:I 1--1 (50 ' RIGHT OF WAY) ~ I ~ii: ~~ -,------ii-,----,- ~: / ~ I I I iil ' ~ 1 1 I I ~ ::S / }" I DA V/0 SELLARS, ETAL I (Z', ~ ~ / -~ I VOL. 13572, PG. 3~5 I I '0:;_J ~ '--rs~ O.R.T.C.T. ~ II ~ -----/ 5 I I PO/NT, OF 8£Gl',./NING I , , ,~ I 2 I ~ HARVEY WILLIAM ' 1 '~ I VOL. 7875, PG . 1597 / ~:::i S89'J8'4r£ O.R.T.C.T. ~ 10.18 _J L . _ _ _ _ _ _ I 5 U.&D. ESMT. +-_ 0 .046 ACRE RIGHT OF WAY ACQUISITION 'JZ__ --___:;-I b, ~ -~ ,,,._ +--R=J46Q 00' I 5 U.&D . [SM I. L=BT.05' ._; 1 It'. STLANO ACRES ADrtr/ON C8=S0J'5f51" ~, / VOL. 388-G, PG. 58 CH=Bf.OS w P.R.T.C.T. :5 .._~\ ~,, I I I I I I ~ "J . , ~<:,· fJ · "' I .J' '? --~j~v~ ~ c; "Jry ,. 4"~ ' ~- <;)~oV <:>· / 10 4 I ' I I __ ill_ __ l_ I -------r -,i --. --. I 1~ 1 I I.~ 0 0.046 ACRE 1 ,~ RIGHT OF WAY ACQUISITION 1. Bearl.agY are ba$ed on th• Taia• state Plane Coordinate Sptem, Nortb Central Zone {NAD83). B eing a portion o f Lots 3&4 Blo ck E WESTLAND ACRES ADDITION As recorded i n Vol. 388-6, z. mteveJ paru o1 I.bu trurnt:,: a. Le1aI De-=rlpUon b . Shtcb 3 . All can,ers mall be de/In.a b:, • 6/8" capped Iron rod nt ('rNP) unlan othanri6e aoted. MARCH 24, 2006 Date: Pg . 58, P.R. T.C. T. 0 25 50 100 City of Fo rt Worth. Tarrant County, Te x a s ~ March 23, 2006 SC ALE : 1' = 50 ' ill, .. 1E'AGUE' NIIUAND PEIUCINS llllll/ll1 -• ~. CllMllaUMn 11 00 Macon Str1H t Fort Worth. Texas 76 r0 2 INC. Phon ,c(817):JJ6-5nJ • Far(8 t7}JJ6-Z81 J L \LO T\F Ti YfJ5221 \cad\5un-ey\ea s cmet1i s \ROW-exh_2. divg SH££T 2 OF 2 JOB NO. nw 05221 EXHIBIT A Being a 456 square feet portion of Lots 3 and 4, Block D of the Westland Acres Addition, as shown by plat recorded in Volume 388-G, Page 58 of the Plat Records of Tarrant County, Texas , and being more particularly described by metes and bounds as follows: Beginning at the northwest comer of said Lot 3, Block E, from which a 3/4 inch iron rod found for the northwest comer of said Westland Acres Addition bears North 00 °2 1' 14" East, 503.50 feet, same being on the east right of way line of Chapel Creek Boulevard (a right of way of variable width); Thence South 89 °38 '46" East, with the north line of said Lot 3, a distance of 3.04 feet to a 5/8 inch capped iron rod stamped TNP set for corner; Thence South 00°02'30" West, over and across said Lots 3 and 4 , a distance of 125.54 feet to a 5/8 inch iron rod stamped TNP set for the beginning of a non-tangent curve to the left havin g a radius of 3460 .00 feet and a chord that bears South 00 °0 1 '42" East, 8.46 feet; Thence with said curve, continuing over and across said Lot 4, through a central angl e of00°08'24" and an arc length of 8.46 feet to a 5/8 inch capped iron rod stamped TNP set for comer on the north right of way line of Westland Road (a 50 feet wide right of way); Thence North 89 °38'46" West, departing said curve, with said north right of way, a distance of 3.78 feet to the southwest comer of said Lot 4, same being on the said east right of way line of Chapel Creek Boulevard; Thence North 00 °2 l' 14" East, departing said north right of way line, with said east right of way, a distance of 134 .00 feet to the Point Of Beginning, and containing 456 square feet ofland, more or less. Date Page I of2 15 I ~ .&' I I.," ----- --t-o" I I I I I -------- ! ~1 '.S· 13 w a~ ~I "' y;-1~"~ CD ~ I <;~ ...J "-~~r ~I ~~~ ~,1 "' "' I ':,sroEW ADD:~:]: CAB . A, SLIDE 7351 ") P.R.T.C.T . _j -=-=-~ --=-.,/' CHAPIN ROAD (VARIABLE WDTH RIGHT OF WAY) EXHIBIT "B" A . '!, 3 /4'1.R .F FOR _]JI l"V I ri 1p}I. W. SU BD . COR . -I ~-4 ~ ~ -----------· ~ 5:' SELLARS ROAD ~ ~ (50' RIGHT OF WAY) !i hr-------:n -- ~'i!: I t I I ' I ~c:, .,.., I ~!/ ;L 11 I ~I -------+l I s g:! 11 1~ ~, ~ -, I \' ,~ ~ ~ I I S89'J8'46·£ 2 © 1 / 1::i :id~Jf /~~ :_04 '-= =-~U.&D . ~SM~ ~ ~ =-_ I ---Tu°&D ESMT 1 1 I -- ~ ~111 r',•-.;c,"'· ..,., ~, I I ~ ~ ~ ::, ;::a, J"'. ..... "'I I I a'° ;3t c,<.,; 'i' .... ,;,· ~ ci :g---~~-,~~=-;11 38 l:l~~ ~ ~ 5?~ s 0=00TJB'24. I I : ; ~ . (i) R=J460.00' 11 \ ~ . · L=B.46' 4 I -'5 3 456 SQ. FT. al=B.46' ~ CB=SOOVl'42 _ili' E > RIGHT OF WAY ACQU/StnoN ~------------~· N89'J8'46•W J.78' I WESTLAND ROAD (50 ' RIGHT OF WAY} I I I r ~~ /4' RIGHT 5 456 SQUARE FEET OF WAY ACQUISITION NOTES : l. Bearinp an, baoed on the Tua.a Stale Plane Coordlnala System, North Central Zone {NAD83). 2 . lntecral parta of thla aurrey: a. Le&al Deocrlption b. Sketch 3 . All cornera aball be daflned by a 5 /8' capped Iron rod oet (TNP) unleu othenriae noted. MARCH 24, 2006 Dote: Being a porti on of Lots 3&4 Block D WESTLAND ACRES ADDITION As recorded in Vol. 388-6, Pg . 58, P.R.T.C.T. 25 50 100 0 City of Fort Worth, ~ Tarrant County, Te xas Morch 23 , 2006 .,. ,.~NC. SC ALE : l' = 50 ' 1EAGW' NAU.AND JIEIIICMS --·-·-..n 1100 Macon Strse t Fort Worth, Tuas 76 f02 Phone:(817).JJ6-577J • For (8 17)J.J6-281 J L: \LO T\,'7111?5..?21 \cad\~v,·\-ey\C(.!s~ne,, ts \ROl-"'-1'Yh_5.,J"g SHEET 2 OF 2 JO B NO. FTW 05221 EXHIBIT A Being a 374 square feet portion of Lot 1, Block E of the Westland Acres Addition, as shown by plat recorded in Volume 388-G, Page 58 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows : Beginning at the northwest comer of said Lot 1, Block E, from which a 3/4 inch iron rod found for the northwest comer of said Westland Acres Addition bears North 00 °21 '14" East, 6 87 .50 feet , same being on the east right of way line of Chapel Creek Boulevard (a right of way of variable width), and on the south right of way line of Westland Road (a 50 feet wide right of way); Thence South 89 °38'46" East, with said south right of way lin e, a distance of 4.54 feet to a 5/8 inch capped iron rod stamped TNP set for comer, said comer being at the beginning of a non-tangent curve to the left having a radius of 3460.00 feet and a chord that bears South O 1 °29' 16" East, 67. 79 feet ; Thence with said curve, departing said south right of way, over and across said Lot 1, through a central angle ofOl 0 07'21" and an arc length of 67.79 feet to a 5/8 inch capped iron rod stamped TNP set for corner on the south line of said Lot 1; Thence North 89 °38 '46" West, departing said curve, with said south line, a distance of 6. 72 feet to the southwest comer of said Lot I, same being on the said east right of way line of Chapel Creek Boulevard; Thence North 00 °21' 14" East, departing said south line, with said east right of way, a distance of 67.75 feet to the Point Of Beginning, and containing 374 square feet ofland, more or less . Page l of2 CHAPIN ROAD (VARIABLE WIDTH RIGHT OF WAY} .o~ 1·' EXHIBIT "B" ~ ~,':-~~~~'~"~'"' J ~ _~ __ I 6 ~ / -s· u &o ESMT 11 ~ :- r:i::I ~ ~ ~ s ~ ~ I ~1 , 1; @ I 0 ~ /~ I 3 ..._,,,., '.ill I."' ') o:l ~ / ~ ~ ~-~-.., ~I I IS' ~S:? !.u .,)",~'?. ~: ~ --~~~?'·~,, I 38 1' ..... Q C> .:.." y ~ ;;:, ~ I ()'t-ov () I I U 'j/ I ~ WE STLAND ACRES ADDITION 37 r:i::J ii: I P.R .T.C.TJ ~ ~. · L 4 I I VOL. 388-G, PG . 58 0-ir-, 1 1 I I ey _____ _J_LJ ___ l_-----i I POINT ; OF BEGINNING ,~ I ~~ S'I "' s<o / :a:: 374 SQ. FT. RIGHT OF WAY ACQUISITION I I I O=Otvr21• R=J46Q(JO' L=67.79 CB=S01'29'16"E CH=67.79' WESTLAND ROAD (so· RIGHT OF WAY) --ii-i---, I I I DAVID SELLARS , ETAL I 11 ' (7'\ VOL. 13572, PG . 35 I I \~ O.R.T.C.T. --------~ I 5 I I Ii , , 1; HARVEY WILLIAM ~ VOL. 7875 , PG. 1597 I 1~ 2 6 I D.R .T.C.T . ~ ~-=--=-~,~ ~'-_J: L_-= = :,_ __ - I --5· U.&D . E:~T. ;1 I wi~LAND ACRE~rt;IO-; - <:-..,., ii\ vol. 388-G, PGTsa I ~·(3· w P.R.T .C.T . L 3 "'~~-:~-~11 I I c; ..,., ..... "'1 1 I 1 .:,,~ ' ~-in - -()\oV ()·_ -__;J I 0 11 374 SQUARE FEET RIGHT OF WAY ACQUISITION NOTES: 1. Bearlnc• are ba•ed on lbe Texu State Plane Coordinate System. North Central Zone (NAD83). 2 . lntep-al parts of this IIUJ"f'ey: a. Legal Description b. Sketch 3. All comeni shall be defined by a 5/8" capped Iron rod aet (TNP) unlea othenriae noted. MARCH 24, 2006 Dote: Being a portion of Lot 1 Block E WESTLAND ACRES ADDITION As recorded in Vol. 388-6 , Pg . 58, P.R.T.C.T. 0 25 City of Fart Worth, 50 100 Tarrant County, Texas ~ March 23, 2006 .,. lll ~NC. SHEET 2 OF 2 SCALE: l ' = 50' 1EAGUE NIil.LAND l'BUUNS -·-·-1100 Macon StrHt Fort Worth, Texas 76 r02 Phon•:{B17}JJ6-577J • Fax:(817)"6-281J JOB NO. FTW 05221 EXHIBIT A Being a 0.013 ofan acre portion of Lot 2, Block E of the Westland Acres Addition, as shown by plat recorded in Volwne 388-G, Page 58 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at the northwest corner of said Lot 2, Block E, from which a 3/4 inch iron rod found for the northwest comer of said Westland Acres Addition bears North 00°2 1 '14" East, 755.25 feet, same being on the east right of way line of Chapel Creek Boulevard (a right of way of variable width); Thence South 89°38'46" East, with the north line of said Lot 3, a distance of 6. 72 feet to a 5/8 inch capped iron rod stamped TNP set for comer, said comer being at the beginning of a non-tangent curve to the left having a radius of 3460.00 feet and a chord that bears South 02 °36' 16" East, 67.09 feet; Thence with said curve, departing said north line, over and across sai d Lot 2, throu gh a central angle ofOl 0 06'40" and an arc length of 67.09 feet to a 5/8 inch capped iron rod stamped TNP set for corner on the south line of said Lot 2; Thence North 89°38'46" West, departing said curve, with said north right of way line, a distance of l 0 .18 feet to the so uthwest corner of said Lot 2, same being on the said east right of way line of Chapel Creek Boulevard; Thence North 00°21 '14" East, departing said south line, with said east right of way, a di stance of 67 .00 feet to the Point Of Beginning, and containing 0 .013 of an acre (559 square feet) of!and, more or less. 3-ze;-ot Date Page l of2 WESTVIEW ADDITION CAB. A, SLIDE 7351 P.R.T .C.T. ---= __J l-i ~ CHAPIN ROAD {VARIABLE WIDTH RICH T OF WAY) .o<{, ----i-· NC i POINfT OF BEGlfNING I I I I 0.013 ACRE RIGHT OF WAY ACQUIS!TlON I I ~EXHIBIT "B" .. ,l· --------- ' \;: 3 /4"1.R.F FOR N. W. SUBD. COR . 3 JESTLAND ACREd ADDITION I VOL 388 -G, 1,G. 58 P.R.T.c.,. I I 38 37 I I 4 ~11 I I I I _____ _llj __ l __ WESTLAND ROAD {50' RIGHT OF WAY) ,-----J1T __ _ I DAVID SELLARS, ETAL I I I VOL. 13572, PG . 35 I S89'J8'46·E D.R.T.C.T . 1 11 I 6.72' 111 &) 0=01"06'40· lo!'o--J!R.==J4§.a • _ _ ~ I s L=67.09 C8=S02"J6'16. . 11 I~ CH=67.09' 2 11 I~ HARVEY WILLIAM - VOL. 7875, PG . 1597 I 1: 0 · D.R.T.C .T. r- ---2'.....U .@,_ ESMT. _J : L ---+---~~-------------------- N89'J8'46"W s· u.&o . Esm. ; I wfsrLAND ACRES A +-t1r10N 10 18' ~1 I VOL. 388-G, PG . 58 I • 'i" w P.R.T.C .T. I 3 .¢,_,"> ~1 1 I <{?q_~· :::, I I L '?~~~~~-~"'I I I --~'!::--I iO <,tov I 4: I I I 4 I I I 1 I I 0.013 ACRE RIGHT OF WAY ACQUISITION - _/_ NOTES: 1. Bearin&• are hued on the Texaa state Plane Coordinate Syatem, North Central Zone {NAD83). 2 . IntecraJ part. of llWI IIW"rey: L LecaJ DeacrlpUon b. Sketch 3. All cornera ahall be defined by a 5/8" capped Iron rod aet (TNP) unleu otherwise noted. MARCH 24, 2006 Da t e: Being a portion of Lot 2 Block E WESTLAND ACRES ADDITION As recorded in Vol. 388-6, Pg. 58, P.R.T.C .T. 0 25 50 100 City of Fort Worth , .......-----.... Tarrant County, Texas ~ Morch 23, 2006 ill• NC. SC ALE, 1 • = 5 0' 1EAGUE' NAU.AND l'EIUUNS -·-·~ 11 00 Macon Stri,et Fort Worth, Texo.s 761 02 Phono:{B1 7}JJ6-,l7.J • Fox:(817}.J.J6-28 1J L: \l.0 ,\mYV522J \cod\_c;orv6y\~asem,•n t-s \Roi~·--1~.vh _3. di "g SHEET 2 OF 2 JOB NO. FTW 05221 .... APPENDIX D -TxDOT DRIVEWAY PERMIT -=* To.m 0.P,.Nment PERMIT TO RECONSTRUCT A STREET ACCESS ONIDGHWAYRIGHTOFWAY --- To : CHAPEL CREEK BL VD. C/0 CITY OF FORT WORTH 1000 THROCKMORTON FORT WORTH, TEXAS 76102 CHAPEL CREEK BLVD. Hwy IH30 Permit No . 03-SC-125-06 Control 1068 Section l The Texas Department of Transportation, hereinafter called the State, hereby authorizes, CITY OF FORT WORTH, hereinafter called the grantee, to (re) construct public access street (CHAPEL CREEK BLVD .) on the highway right-of-way abutting Highway No. Ill 30 in TARRANT County, located ON Ill 30 (NORTH FRONTAGE ROAD) AT CHAPEL CREEK BLVD. Subject to the following : 1. The grantee is responsible for the costs associated with the construction of this street 2. Design of facilities shall be as follows and/or as shown on sketch : TO RECONSTRUCT AN EXISTING STREET (CHAPEL CREEK BLVD.) IN ACCORDANCE WITH THE ATTACHED PLANS. STREET CONSTRUCTION WITHIN THE STATE RIGHT OF WAY SHALL CONSIST OF 8" OF LIME TREATED SUBGRADE, 4" OF TYPE "D" ASPHALT UNDERLAYMENT AND 8" OF CLASS "A" CONCRETE REINFORCED WITH NO. 6 REBAR (TRANSVERSE) ON 9" SPACING AND NO . 6 (LONGITUDNAL) ON 9" SPACING 100°/o TCE ON REBAR. SAW CUT (FULL DEPTH) FOR CURB & GUTTER REMOVAL. TO PROVIOE STRIPING AND SIGNING FOR STOP BARS AND STOP SIGNS AT STREET LOCATION. ALL CONSTRUCTION WITH IN THE STATE RIGHT OF WAY SHALL BE IN ACCORDANCE WITH STATE STANDARDS AND SPECIFICATIONS. SEE ATTACHMENT "A". PLEASE NOTIFY MARK PRICE, STATE INSPECTOR, TELEPHONE NUMBER 817-205-4173, FORT WORTH, TEXAS, TWENTY-FOUR HOURS PRIOR TO BEGINNING CONSTRUCTION WITHIN THE STATE RIGHT OF WAY. All pipe (CGMP or RCP), safety end treatments and base material, shall be at the iob site located off the State right of way prior to the driveway installation. All construction and materials shall be subiect to inspection and approval by the State. 3. Maintenance of facilities constructed hereunder shall be the responsibility of the grantee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State. 4. The grantee shall hold hannless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this pennit. 5. Except for regulatory and guide signs at county roads and city streets, the Grantee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as service pumps, vendor stands, or tanks shall be located at least twelve 3.6 meters (12 feet) from the right-of-way line to ensure that any vehicle services from these fixtures will be off the highway. 5. This permit will become null and void if the above-referenced driveway facilities are not constructed within six (6) months from the issuance date of this permit. MARK PRICE, STATE INSPECTOR The grantee will contact the State's representative FORT WORTH, TEXAS telephone (817) 205-7143 at least twenty-four (24) hours prior to beginning the work authorized by this permit. DIST FILE: MARK PRICE: Texas Department of Transportation Date of Issuance: NOVEMBER 17, 2006 Time Process : 79DAYS Date : AUGUST 30, 2006 * Tuas O.partm•nt r•n•port.tlon Form 1058 (Rev. 2/2000) Permit to Construct Access Driveway Facilities on Highway Right of Way Electronic version GSD-EPC Word 97 ) >age 1 of2 1J.J 3o To : The City of Fort Worth iOOO Throckmorton Hwy . Control .1-!'0 (Frontage Road) PermitNo . 03-::C-12S-C,(p Section I Fort Worth , TX 76102 The Texas Department ofTransportation, hereinafter called the State, hereby authorizes the City of Fort Worth hereinafter called the Grantee , to (re)construct an access driveway on the highway right of way abutting highway no . _1-2_0 ___ _ in Tarrant County, located 1-20 West Bound Frontage Road at Chapel Creek Drive Subject to the following : 1. The Grantee is responsible for all costs associated with the construction of this access driveway. 2 . Design of facilities shall be as follows and/or as shown on sketch: 3 . 4 . 5 . 7 . Roadway plans have been provided. All construction and materials shall be subject to inspection and approved by the State . Maintenance of facilities constructed hereunder shall be the responsibility of the Grantee , and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State . The Grantee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Except for regulatory and guide signs at county roads and city streets, the Grantee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as service pumps, vendor stands, or tanks shall be located at least 3.6 meters (12 feet) from the right of way line to ensure that any vehicle services from these fixtures will be off the highway. This permit will become null and void if the above-referenced driveway facilities are .not constructed within six (6) months from the issuance date of this permit. l,A.{ AR./<. 'p(Z.L C..€/ -STAT€ "IIJ~CJf(_ The Grantee will contact the Statep representative ______ ___.:../----=Z,=-1=:::...!.l _ _u.!,,,ll,-4~t-..:..J..-,-,__,µ._ ______ _ telephone, ( ~ '1 ) 2CJS-7/'L3 , at least twenty-four (24) hours prior to /JOU I he undersigned hereby agrees to comply with the terms and conditions set forth in this perm· lriveway on the highway right of way. ate: August 30, 2006 Signed : Texas partment ansportation ATTACHMENT "A" CHAPEL CREEK BLVD. - CITY OF FORT WORTH STREET RECONSTRUCTION IH 30 (NORTH FRONTAGE ROAD) AT THE INTERSECTION OF CHAPEL CREEK BLVD. Fort Worth, Texas The State approves the plans involving the street reconstruction for CHAPEL CREEK BLVD . for the CITY OF FORT WORTH located on the north frontage road of IH 30 at the intersection of Chapel Creek Blvd . in the City of Fort Worth , Texas . STREET RECONSTRUCTION To reconstruct a street (Chapel Creek Blvd .) as shown on the attached plan . SEE CONCRETE SPECIFICATIONS WITHIN STATE RIGHT OF WAY. 100% Tie on rebar. PRE-JOB CONSTRUCTION MEETING IS REQUIRED PRIOR TO BEGINNING CONSTRUCTION WITHIN THE STATE RIGHT OF WAY AUTHORIZED BY THIS PERMIT. ALL CONSTRUCTION WITHIN THE STATE RIGHT OF WAY SHALL MEET STATE STANDARDS AND SPECIFICATIONS. STREET SPECIFICATIONS The construction within the State right of way shall consist of the following specifications : 1. 8" Lime Stabilized Subgrade 2. 4" of Type "D" hot mix underlayment 3. 8" of Class "A " Concrete Reinforcement shall cons ist as follows : A. NO. 6 Rebar (Transverse Bars) on 36 " Spaces B. NO . 6 Rebar (Longitudinal Bars) on 9" Spaces STRIPING All strip ing within the State right of way shall be Therma-plastic. Page 2 SIGNS All signs within the State right of way shall be in accordance to State Standards and specifications. ALL CONSTRUCTION WITHIN THE STATE RIGHT OF WAY SHALL BE IN ACCORDANCE TO STATE STANDARDS AND SPECIFICATIONS. All construction by CITY OF FORT WORTH shall be coordinated with the Texas Department of Transportation . Mark Price, State Inspector, 817-205-7143, Fort Worth, Texas shall be notified twenty-four hours prior to beginning construction authorized by this permit. Signs and barricades shall be provided by the contractor which shall consist of detours, barricades, warning signs, flares , flashing light signals, and flagmen as are necessary to direct and protect vehicular traffic while the construction work as described above is done on the State right of way. All traffic control procedures as mentioned above shall be in compliance with the "Texas Manual on Uniform Traffic Control Devices." Utility companies shall be given prior notification of the pending construction to ensure that no conflicts exist within this project area. This permit does not include new utility installations (water lines, fire hydrants, or irrigation). Any utility installations within the right of way that will located beneath the proposed widening will require permit approval to be adjusted beyond the pavement widening. IMPORTANT MESSAGE: Traffic Signal Operations, telephone number (817) 370-6671, shall be notified forty-eight hours prior to beginning any excavation within the right of way in order that the State may verify the existence of any electrical wiring. Failure to provide proper notification will result in the immediate repair at the grantee's expense.