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HomeMy WebLinkAboutContract 42713 (2)--"":"" ...... "':~'-':'\..\: -'t , .-\\. f '*,7\ 1 [., . '•j . f l:·,,.,·,·~ ~-::~,~-. ·} It ' . . : .t' TotheSpecificatfons&ContractDocuments I ·. 0 ,···· ·,,., CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 2 '\\~'.,· <·-1' ))/ SANITARY SEWER EXTENSI0~ 0 :0R WALSH RANCH PHASE 1C '~ ~ DOEN0 .4160 7-1~1 Cl1Y SECRETARY SEWER PROJECT NO . P275-703140171983 CITY PROJECT NO . 01719 Bid Submittal Due Date : July 14, 2011 um No. 1 Issued : July 13, 2011 CITY SECRETARY CONTRACT NO . i.l 2-.. 1 l.!S ~r pyf the contract d oc uments referenced above and m o difies the original Contract c nowle clge r eceipt of thi s addendum by signing and attaching it to the Contract Docume nts c t\mf }cjP2pjA~'fMEMlh e Addendum in the Bid Proposal and o n the o ute r e nve lope o f your bid . Prospective Bidders are hereby notified of the following : PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS : SPECIFICATION AND CONTRACT DOCUMENTS 04-BID PROPOSAL Re place Page 2R of th e Bid Proposal with Page 2R-2 . The change o n this page re fl e cts an alteraticin in th e size o f th e 15" Ductil e Iro n Pipe tll 16" Ductile Iron Pipe. All oth e r provisions of the plans, specifications and co ntract d oc ume nts for the project which are not expressly amended h e rein shall r e main in full fo r ce. Fai lure to re turn a sii;ned co py llf th e addendum with th e Pwpos al s h a ll be gm und s fnr renderin g th e bid non -respo n s ive . A s ig ne d wpy of thi s add endum sha ll be p lace d into th e Proposa l a t th t! tim e nf s ubmittal. Recei pt Ackn o wledged : Addendum No . 2 Page 1 of l W a te r Departme nt S. Frank C rumb, P .E. Director By : To/1 'j Tony Sholola, P .E. Engineering Manager W ater Department ----':.~'-':'-\: -·, " .-\\\ f ' *''"\ ~ :L~YT]t ; T ;i:·: !JIG~=· ~ ~ .. : .......... ' .... :··~ 1 . ~~4~~ ' ~ CITY O F FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 1 t -~ . 1 ,;,, To th e Specifications & Contract Documents \\~:· ·:.-. .:c,1:.· ': ,: :····E \\ •i -, . i..~' - SANITARY SEWER EXTENSI0~ 0 :0R WALSH RANCH PHASE IC '~~ DOEN0.4160 l -B~ SEWER PROJECT NO. P275-703140171983 CITY PROJECT NO. 01719 Bid Submittal Due Date: Jul y 14, 2011 Addendum No. 1 Issued : July 8, 2011 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents . Acknowledge receipt of this addendum by signi n g and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid . Prospective Bidders are hereby notified of the following: PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: CONSTRUCTION PLANS: SHEET 2; GENERAL NOTES 1. NOTE NUMBER 7 -Strike the word "sod" and replace with "Grass-H ydromulch Seeding" throughout e ntire note . Sheet 13 -SEWER PLAN AND PROFILE -ST A 63+00 TO 72+00 Replace Sheet 13 wi th th e a ttached Sheet 13 (Rl) SPECIFICATION AND CONTRACT DOCUMENTS 04-BID PROPOSAL Replace the Bid Proposal with the attached Bid Proposal {Rl) All other provisions of the plans, specifications and contract documents for th e project which are not expressly amended h e rein sh a ll remain in full fo r ce . Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of s u bm ittal. Addendum No. 1 Page 1 of 2 July 8, 2011 Receipt Acknowl e dged : Addendum No. 1 Page 2 of 2 Water Departmen t S. Frank Cru mb, P.E. Direc tor By-l?A~ ~hDLL Tony Sholola, P.E . Engineering Manager Water Department July 8, 2011 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER .EXTENSION FOR WALSH RANCH PHASE 1C Michael J. Moncrief Mayor CITY PROJECT No. 01719 DOE No. 4160 Sewer Project No. P275-703140171983 2011 Douglas W. Wiersig, P.E. Thomas M. Higgins Acting City Manager Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department PREPARED FOR: The City of Fort Worth rl1DF:0TTE, IN -c. TBPE REG #F-3116 M&CRe view CITY COUNCIL AGENDA DATE: CODE: COUNCIL ACTION: Approved on 9/20/2011 9/20 /2011 REFERENCE NO.: **C-25181 C TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth , Texas FORTWORTII ~ 60WALSHRIC- WRIGHT NO SUBJECT: Autho ri ze Ex ecut io n of a Contract in the Amou nt of $882 ,189 .10 wi th Wr ight Co nstruct io n Co ., Inc ., for Walsh Ranch Sewer Main Extension , Phase 1 C to Serve Walsh Ranch (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of a contract in the amount of $882 ,189.1 O wi th W ri g ht Constructio n Co ., Inc., fo r Wa ls h Ranc h Sew er Exte nsion , Phase 1 C . DISCUSSION: O n A ug ust 12 , 2003 , (M&C C-19702 ) t he C ity Counci l a utho rized the City Manag er to ex ec ute an Engineering Agreement with DeOtte, Inc., Civil Engineering for the design of Walsh Ranch Sewer Main Extension , Phase 1 C . On April 29, 2003 , (M&C C-19566), the City Council authorized the C ity Manager to execute an Economic Development Agreement for Walsh Ranch w ith Walsh Ranch's Limited Partnership , H. Howard Wa ls h , J r. an d vario us Walsh fami ly t ru sts (Wals h). The Agreement included terms of design and construct ion of water and wastewater infrastructu re to serve the property and requires the City to design and construct the first phase of Phase 1 water fac il itie s a nd Phases 1 A , 1 B , 1 C , 1 D, IVA a nd IVB wastewater fac il iti es . The Phase 1 water facilit ies and waste water fac i lities Phase 1 A and 1 B have been completed. The City's obligation for the remaining wastewater facilities will be dependent on construction of facilities by Walsh Ra n c h a nd will be co nst ru cted as warr an ted as th e p ro perty is dev eloped . This project , Phase 1 C , consists of the installation of approximately 11 ,000 feet of 15 inch and 18- inch sanita ry sewer pipe beginn ing from a po int that is located 3 ,800 feet north of the Interstate Highway 20/l nte rstate Hi g hw ay 30 int e rsectio n, then weste rly 11 ,000 fee t to the Ta rr a nt County/Parker Co unty boundary line . The project was advertised for bid on June 16, 2011 and June 23 , 2011 , in the Fort Worth Star- Telegram . On July 14 , 2011 , the follow ing b ids were received : http ://apps .cfw net.org/counc il_p acket/mc_review .asp ?ID=1575 8&coun cild ate=9/20/2011 9/22/201 1 M&CReview Bidder Amount Time of Comoletion I Wriaht Construction Co. Inc. $ 882,189.10 180 Calendar Davs I Conatser Construction TX, LP $ 976,008.75 TNT Pipel in e Corporation $1 ,037 ,538.26 Gin -Soen , Inc. $1 ,299 ,176.44 S.J . Louis Construction of TX , Ltd. $1,302,623.44 AUi Contractors $1,307 ,826.00 W illi am J . Schultz, Inc. d /b/a Circle $1,359 ,519 .50 "C" Construction Company Lew is Contractors Inc. $1 ,371 ,171 .00 Jackson Construction , Ltd $1 ,484 ,217 .00 M/WBE -Wright Construction Co ., Inc. is in compliance with the City 's M/WBE Ordinance by comm itting to 19 percent M/WBE participation . The City's goal on th is project is 17 percent . Page 2 of 2 In addition to the contract cost , $33 ,000.00 is required for survey , project management , material testing , ins pe ction, mapping a nd as-built plans and $27 ,000 .00 is p rov ided for project cont in gencies. This project is located in COUNCIL DISTRICT 7 . FISCAL INFORMATION/CERTIFICATION: The_ Financial Management Services Director certifies that funds are available in the current capital budget , as approp dated , of the Sewe r Cap ital Projects Fund . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATIACHMENTS 60WALSHR1 C-WRIGHT MAP.pdf FROM Fund/Account/Centers P275 541200 703140171983 $882 ,189 .10 Fernando Costa (6122) S . Frank Crumb (8207) Liam Co nlon (6824) http://apps.cfwnet.org/council_packet/mc _review .asp?ID= 15758&councildate=9/20/2011 9/22/2011 TABLE OF CONTENTS 01 -Project Information [8J 1.1 -Title Page MS-Word [8J 1.2 -Location Maps pdf 02 -Front End Documents 2.1 -Table of Contents MS-Word [8J 2.2 -Notice to Bidders MS-Word [8J 2.3 -Comprehensive Notice MS-Word to Bidders [8J 2.4 -Special Instructions to pdf Bidders (water-sewer) D 2.5 -Special Instruction to pdf Bidders (paving-drainage) D 2.6 -Detailed Project MS-Word Specifications (no drawings provided) 03 -MWBE Documentation [8J 3.1 -MWBE Special pdf Instructions [8J 3.2-MWBE pdf Subcontractors/Suppliers Utilization Form [8J 3.3 -MWBE Prime Contractor pdf Waiver [8J 3.4 -MWBE Good Faith Effort pdf [8J 3.5 -MWBE Joint Venture pdf 04 -Bid Package [8J 4.1 -Bid Proposal Workbook MS-Excel [8J 4.3 -Bid Schedule MS-Excel [8J 4 .4 -List of Fittings MS-Excel [8J 4.5 -Pre-Qualified Contractor MS-Excel List 05 -General and Special Conditions [8J 5.1 -Part C General pdf Conditions (water -sewer) [8J 5.2 -Supplementary pdf Conditions to Part C (water - sewer) [8J 5.3 -Part D -Special MS-Word Conditions (water-sewer) [8J 5.4 -Part DA -Additional MS-Word Special Condition (water - sewer) [8J 5.5 -Part E Specifications pdf D 5.6 -Special Provisions (paving -drainage) [8J 5.7 -Wage Rates pdf [8J 5.8 -Compliance with and pdf Enforcement of Prevailing D Wage Rates 5.9 -Standard Details (water-dwf sewer) D 5.10 -Standard Details dwf City of Fo rt Wort h, Texas (paving -drainage) Table of Conte nts PMO Release Date : 06 .1 0.2 0 10 Page I of 2 TABLE OF CONTENTS 06 -Technical Specifications 07 -Contracts, Bonds and Insurance 08 -Appendices 09-Addenda City of Fort Worth, Texas Table of Contents PMO Release Date : 06.10.2010 Page 2 of2 [8J Technical Specs Index [gJ 7.1 -Certificate of Insurance [gJ 7.2 -Contractor Compliance With Workers' Compensation Law [gJ 7 .3 -Conflict of Interest Questionnaire [gJ 7 .4 -Performance Bond [gJ 7.5 -Payment Bond [gJ 7 .6 -Maintenance Bond [gJ 7.7 -City of Fort Worth Contract [gJ Easements Index D Permits Index [gJ Reports Index [gJ Addenda Index MS-Word pdf pdf pdf pdf pdf pdf SECTION 1-PROJECT INFORMATION 1.1 TITLE PAGE 1.2 LOCATIONMAP fORTWORTH SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER EXTENSION FOR WALSH RANCH PHASE 1C Michael J. Moncrief Mayor CITY PROJECT No. 01719 DOE No. 4160 Sewer Project No. P275-703140171983 2011 Douglas W. Wiersig , P.E. Thomas M. Higgins Acting City Manager Director, Transportation and Public Works Department S. Frank Crumb, P .E . Director, Water Department PREPARED FOR: The City of Fort Worth •o F·-·,oTTE-, IN·c-, 1.(111 _j .... J, . TBPE REG #F-3116 ---'''-'-"\.'\; ---l OF T \\ -~\ ......... f.t \\ ~s\·· * ··.~J' l j,! .· . . • i1 *: ·. * 11 r.*: ···'I. ~ ... : ....................... · .... i ~ CLAYTON T. REDINGER ~ ~-··::·····"·········· .. ···.:·"~ ,. -<)··. 97497 ... / 't ,f),·. .·(}',;i, l\O,,..:,_: .. lfCENS,;,.~.·~f;,.t' \\' Ssi" ..... -;, _ _''\'.<}.: \'-,.ONAL --''-'-'-'-'-°'._ Patterson Branch a / LOCATION MAP N.T.S. SECTION 2 -FRONT-END INFORMATION 2.1 TABLE OF CONTENTS 2.2 NOTICE TO BIDDERS 2.3 COMPREHENSIVE NOTICE TO BIDDERS 2.4 SPECIAL INSTRUCTIONS TO BIDDERS (WATER-SEWER) TABLE OF CONTENTS 01 -Project Information 0 1.1 -Title Page MS-Word 0 1.2 -Location Maps pdf 02 -Front End Documents 2.1 -Table of Contents MS-Word 0 2.2 -Notice to Bidders MS-Word 0 2.3 -Comprehensive Notice MS-Word to Bidders 0 2.4 -Special Instructions to pdf Bidders (water-sewer) 0 2.5 -Special Instruction to pdf Bidders (paving-drainage) 0 2.6 -Detailed Project MS-Word Specifications (no drawings provided) 03 -MWBE Documentation 0 3.1 -MWBE Special pdf Instructions 0 3.2-MWBE pdf Subcontractors/Suppliers Utilization Form 0 3.3 -MWBE Prime Contractor pdf Waiver 0 3.4 -MWBE Good Faith Effort pdf 0 3.5 -MWBE Joint Venture pdf 04 -Bid Package 0 4.1 -Bid Proposal Workbook MS-Excel 0 4.3 -Bid Schedule MS-Excel 0 4.4 -List of Fittings MS-Excel 0 4.5 -Pre-Qualified Contractor MS-Excel List 05 -General and Special Conditions 0 5.1 -Part C General pdf Conditions (water -sewer) 0 5.2 -Supplementary pdf Conditions to Part C (water - sewer) 0 5.3 -Part D -Special MS-Word Condffions(wa~r-sewe~ 0 5.4 -Part DA -Additional MS-Word Special Condition (water - sewer) 0 5.5 -Part E Specifications pdf 0 5.6 -Special Provisions (paving -drainage) 0 5. 7 -Wage Rates pdf 0 5.8 -Compliance with and pdf Enforcement of Prevailing Wage Rates 0 5.9 -Standard Details (water-dwf sewer) 0 5.10-Standard Details dwf (paving-drainage) City of Fort Worth , Texas Table of Contents PMO Release Date : 06 .10.2010 Page I of 2 TABLE OF CONTENTS 06 -Technical Specifications 07 -Contracts, Bonds and Insurance OS-Appendices 09-Addenda City of Fort Worth, Texas Table, of Contents PMO Release Date: 06.10.2010 Page 2 of 2 IZI Technical Specs Index IZI 7 .1 -Certificate of lnsu ranee IZI 7.2-Contractor Compliance With Workers' Compensation Law IZI 7 .3 -Conflict of Interest Questionnaire IZI 7.4 -Performance Bond IZI 7.5 -Payment Bond IZI 7.6 -Maintenance Bond IZI 7.7 -City of Fort Worth Contract IZI Easements Index D Permits Index IZI Reports Index IZI Addenda Index MS-Word pdf pdf pdf pdf pdf pdf SHORT FORM NOTICE TO BIDDERS Sealed proposals for the following: FOR: Sanitary Sewer Extension for Walsh Ranch Phase 1 C Sewer Project No. P275-703140171983 City Project No. 01719 DOE 4160 Addressed to : CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1 :30 p.m., July 14, 2011 and then publicly opened and read aloud at 2 :00 p .m. in the Council Chambers . One set of plans and documents for this project may be purchased for a non- refundable cost of Thirty Dollars ($30 .00) per set at the offices ofDeOtte, Inc, 2553 E . Loop 820 N ., Fort Worth, TX 76118 . These documents contain additional information for prospective bidders. The major work will consist of the following (All Approximate): UNIT I -SEWER IMPROVEMENTS 4195 LF 15-inch Sanitary Sewer Pipe 5813 LF 18-inch Sanitary Sewer Pipe 30 EA Standard 4' Diameter Manhole 640 LF Concrete Encasement All bidders submitting bids are required to be pre-qualified in accordance with the requirements of the Special Instructions to Bidders. For additional information, please contact Clayton T . Redinger, P .E . with DeOtte, Inc . at Telephone Number: 817-589- 0000 , and/or Liam Conlon, Project Manager, City of Fort Worth at 817-392-6824. Advertising Dates: June 16 , 2011 June 23, 2011 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following : FOR: Sanitary Sewer Extension for Walsh Ranch Phase 1 C Sewer Project No. P275-703140171983 City Project No. 01719 DOE 4160 Addressed to: CIT Y OF FORT WOR TH PURCHA SI NG DIVISION 1 000 THROCKMORTON ST FOR T WORTH TX 7 6 102 -631 1 will be received at the Purchasing Office until 1 :30 p.m ., July 14, 2011 and then publicly opened and read aloud at 2:00 p .m. in the Council Chambers. One set of plans and documents for this project may be purchased for a non-refundable cost of Thirty Dollars ($30.00) per set at the offices ofDeOtte, Inc , 2553 E. Loop 820 N., Fort Worth, TX 76118 . These documents contain additional information for prospective bidders . The major work will consist of the following (All Approximate): UNIT I -SEWER IMPROVEMENTS 4195 LF 15-inch Sanitary Sewer Pipe 5 813 LF 18-inch Sanitary Sewer Pipe 30 EA Standard 4 ' Diameter Manhole 640 LF Concrete Encasement Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. NOTICES All bidders will be required to comply with Provision 5159aof"Vemon 's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7 400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices. Bid security may be required in accordance with Special Instructions to Bidders. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the ex piration ofninety (90) days from the date bids are opened . The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt form(s). Bids that do not acknow ledge receipt ofall addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting Clayton Redinger, P .E . ofDeOtte, Inc., at 817-589-0000 E xt. 202. COMPREHENSIVE NOTICE TO BIDDERS Bidders, using the printed copy, shall not separate, detach or remove any portion, segment or sheets from the contract document at any time . Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the bidder may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation. In accordance 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 of Fort Worth 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 WANER FORM, GOOD FAITII EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate . The Documentation must be received no later than 5:00 p.m., five (5) City ofFortWorth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the Water Department to whom delivery was made . Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid non- responsive. SUBMISSION OF BID AND AW ARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid, the Contractor is required to submit a bid for the complete proposal. A bid proposal submittal that is received with the proposal incomplete will be rejected as being non-responsive . The Contractor, who submits the bid with the lowest price, will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Water Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth . Bidders must be pre-qualified with City of Fort Worth to secure an award of a project. Not being pre-qualified can be grounds for rejection of a bid. For additional information, please contact Clayton T . Redinger, P.E. with DeOtte, Inc. at Telephone Number: 817-589- 0000, and/or Liam Conlon, Project Manager, City of Port Worth at 817-392-6824. T.M. HIGGINS l Lk INTERIM CITY MANAGER By:_T......___..._01..') ~~~c b --r--- Tony Sholola, P.E. Engineering Manager City of Fort Worth Advertising Dates : June 16 , 2011 June 23, 2011 MARTY HENDRIX CITY SECRETARY SPECIAL INSTRUCTIONS TO BIDDERS I) PREQUALIFICATION REQUIREMENTS : All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids . This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor . It is the bidder 's responsibility to submit the following docum entation: 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 da te of the opening of bids. a) · The financial statement required shall have been pr epared 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 (I) year old . In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification . b) For an experience record to be considered to be acceptable for a given project , it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received . c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non°responsive and will be rejected as such . e) The City, in its sole discretion , may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non -prequalified bidder shall be returned unopened , and if inadver tently 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 Ci ty of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to fo rfeiture in the event the successful bidder fails to execute the Contract Documents within ten (IO) 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 (I) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 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, Referen ce C 3-3 . 7. 09/10/04 1 4 . WAGERATES: 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 Governmen t 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) th e actual per di em 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 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located . "Nonresident bidder " means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less , the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9 . AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms , conditions 09/10/04 2 or privileges of their employment, discriminate against persorts because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract , a maximum age limit for such employmen t 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 ADA's provisions and any other applicable federal , state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 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 ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive . Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 12 . FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a . The contractor will receive full payment (less retainage) from the city for each pay period . 09/10/04 3 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 quan tities or liquidated damages , the parties shall attempt to resolve the differences within 30 calendar days . 09/10/04 4 TABLE OF CONTENTS 01 -Project Information [8J 1.1 -Title Page MS-Word [8J 1.2 -Location Maps pdf 02 -Front End Documents 2.1 -Table of Contents MS-Word [8J 2.2 -Notice to Bidders MS-Word [8J 2.3 -Comprehensive Notice MS-Word to Bidders [8J 2.4 -Special Instructions to pdf Bidders (water-sewer) D 2.5 -Special Instruction to pdf Bidders (paving-drainage) D 2.6-Detailed Project MS-Word Specifications (no drawings provided) 03 -MWBE Documentation [8J 3.1 -MWBE Special pdf Instructions [8J 3.2-MWBE pdf Subcontractors/Suppliers Utilization Form [8J 3.3 -MWBE Prime Contractor pdf Waiver [8J 3.4 -MWBE Good Faith Effort pdf [8J 3.5 -MWBE Joint Venture pdf 04 -Bid Package [8J 4.1 -Bid Proposal Workbook MS-Excel [8J 4.3 -Bid Schedule MS-Excel [8J 4.4 -List of Fittings MS-Excel [8J 4.5 -Pre-Qualified Contractor MS-Excel List 05 -General and Special Conditions [8J 5.1 -Part C General pdf Conditions (water -sewer) [8J 5.2 -Supplementary pdf Conditions to Part C (water - sewer) [8J 5.3 -Part D -Special MS-Word Conditions (water -sewer) [8J 5.4 -Part DA -Additional MS-Word Special Condition (water - sewer) [8J 5.5 -Part E Specifications pdf D 5.6 -Special Provisions (paving -drainage) ~ 5. 7 -Wage Rates pdf ~ 5.8 -Compliance with and pdf Enforcement of Prevailing Wage Rates D 5.9 -Standard Details (water-dwf sewer) D 5.10 -Standard Details dwf (paving-drainage) City of Fort Worth , Texas Table of Contents PMO Release Date : 06.10.2010 Page I of 2 SECTION 3 -MWBE DOCUMENTATION 3.1 SPECIAL INSTRUCTIONS FOR BIDDERS 3.2 SUBCONTRACTOR~SUPPLIER UTILIZATION FORM 3.3 PRIME CONTRACTOR WAIVER FORM 3.4 GOOD FAITH EFFORT FORM 3.5 JOINT VENTURE FORM FORTVVORTH a a . "'-ns w City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY .. )\,,If the total dol.lar value 'ofthe contract is $25,000 or more, t~e M/WBE goal is applic~ble.· '"" . .• If the total doll~r value of the contract is les s'than $25 :·ooo , the M/WBE oal is not ap lie.able. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requ irements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid . M/WB E PROJECT GOALS T he C ity's M/WBE goal on this project is __ 1 _7 __ % of the total bid (Base bid applies to Parks and Co mmunity Serv ices). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25 ,000 or more , bidders are required to comply with the intent of the City's M/WBE Ord inance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the followin for the entire bid to be cons idered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p .m ., five (5) City business days after the bid met or exceeded : opening date , exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form , if participation is less than opening date, exclusive of the bid opening date . stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m ., five (5) City business days after the bid Utilization Form , if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5 :00 p.m ., five (5) City business days after the bid perform all subcontracting/supplier work : opening date , exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p .m ., five (5) City bus iness days after the bid to met or exceed goal ~ opening date , exclusive of the bid open ing date. FAILURI: TO COMPLYWrrH THECITY,'S.M/WBE .ORDINANCE, WIL (RESULl IN .THE Bl[) ~EING CO NSIDERED , :· · y;: •f ·,:~, ,.,, •\;t ' tr;;,,11'""F" ''" NON~RESPONSIVE ''TO SPECIFICATIONS '':. ''t:l. · . ., ' ;, · ·.,,: • '. .... , : ,,,·;,; · Any quest ions, please contact the M/WBE Office at (817) 392-6104. Rev . 11/1/05 PRIME COMPANY NAME: PROJECT NAME: City's M/WBE Project Goal: % City of Fort Worth Subcontractors/Suppliers Utilization Form ATIACHMENT 1A Page 1 of 4 Check applicable block to describe prime I M/W/DBE I I NON-M/W/DBE BID DATE Prime's M/WBE Project Utilization: PROJECT NUMBER % Identify all subcontractors/suppliers you will use on this project Failure fo ,cofl)plet~ this f9rrn ;n n: its entirety (w~t~:"reque·st~cf'documebtc:1tiob;, .. ~nd .recei,ved :PY . ttie.t Managing / Department on or before 5:00 p.rn. five (Sf City business 'ciays .. afteT·bid o~e .. , . ·; exclu·sive:'of,.bid opening date,J' , will result in the bid ,being c:9n'sider'ed rfon:res . ohsive.Jo bid spe,cificatio r{s. . .,, . . . ;,, .. ,f:: ''1]' ,1,,,,;t,; . . '~~ r,,:; ,% >::. r~ .. ~~ • ~{ )~;· .. ~~~!><. ,.:~: ,~~~~l:' \: ~?: r~:~~~,; ., ' ~ ,~: . ~:~: ;;~;::~~rni~ ·:J::' \: /:( '~." . Ttie' undersJgned Offe rQr :;agre,eit to enter:,into . a form~l -c1greernenf wit. ,. M/,WBE firm(s) .,listed in this :. utilizaticfo 'sch~.dule /' condjfioned u po n execution ·of''.a·'contrac(:with J he ' ¢itY:'..of,,Fort Wort~: T_ne 'ir te 6~iqna L and/or km>wing ll}isreJ?res~ntation of taqts !~ · gr9unds f6(~gn!.id.~[~ttgn ; o(dJsg\1.~ljfj9~\!()fl )n~ vvill :r~~~lt {r:(the '.. bid being considered non-responsive to bid''specificatio'r1s<t[':i);·'I' }f"~''.}i'C? ,f :r :;r:?''J ·:.·· l:]f:t. } ,;; )'c'. ;: !\A,,.~ :t M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin , Dallas, Denton, Ellis, Kaufman and Rockwall counties . ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing business at the time of bid opening within the Marketplace , that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). lf,,,hau!irg , 5.!3rvi _~!.! ar~ ~tiliz_e,d ,r th~.:. R,~!J1~,,~JJ1Jb~ •giy~r:r Crf!.~.i!· ciS long ;;"~s.·tr f ¥,W§E: list!3d ·;;s>~Di :~nst ,opera!e~ aJ J~a,ston~ fully lrcen,s,ed .~n~ op~rat1o_n!=3I truck4 q ;~e. ysed .,o~. t~e ·~qn,tr~~t t T.~.E! NIJ'.VY~~;r,n~y.1,le~~~ · trucks f[,91!1 another M,WBE firm ,' mcluqmg M,WBE owner.;ope.rators ;:1 and. rece1ve .J ulL M,WBE credi t.' .The ' M,WBE may;lea _s·e trucks · frommon ''-M,WBEsi ii)f!.udirig 'OWr)~~~OP..~r~tor~;· ~u t"wju :c,nly ··~ece.ive credit for '.the '.fees and commissions earned b the M,WBEas outlined in 'the lease a reement. 't· · · .•.. :: " .': Rev . 5/30/03 FORT WORTH ---.,..-- ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e ., Minority, Women and non-MM/BEs. Please list MM/BE firms first, use additional sheets if necessary. Certification N , (check one) :oi SUBCONTRACTOR/SUPPLIER T n N T ::::·F Detail Detail Company Name I 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 : ;!!' . Rev . 5/30/03 fORTWORTH ----,..-- ATTACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status ; i.e., Minority, Women and non-MNVBEs . Please list MNVBE firms first , use additional sheets if necessary . Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T n N T Detail Detail Company Name I C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D VI Telephone/Fax r B B E E R 0 B C T E A . Rev . 5/30/03 FORT WORTH ~ Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $ $ ATTACHMENT 1A Page 4 of 4 ,The. Contrc1ctor ·wm not m~ke additions, deletions,·ot substitutions to this. certifiedJist without the priqr,'approval .: of the Minority arid ' Women ,,Business -E~t~rprise(Off!ce ,,Manage( of:.~esignee\ thrqugh . the .:submrttaL or ;'a :Request for Approval of Change/Additio,i': Any 'i.fnjustifi~d change 'or,'deletion '~halfbe a material breach of ' contract : arict .may re.suit Jn . debarm~nt"in' accord \iiith'. th~''procedute$ .· gutiined. in the ordinance. The contractor 5:shall su _bmita 'deJailed explanatiC?!'l ''c:,fhovlthe requesteg cbangeiadditiori .or, deletion will affect the committ~d · MfV\JBE' goal '.; If the 'detail explana_tion is not s'i.1bmitted ;,;rwm affecf 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. Authorized Signature Printed Signature Title Contact Name/Title (if different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date Rev. 5/30/03 FORT WORTH "-, ·w· . City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 18 Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: I MNV/DBE I I NON-MNV/DBE BID DATE City's M/WBE Project Goal: PROJECT NUMBER % If both answers to th is form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided , if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C . This form is only applicable if .bQlh answers are yes . Failure to complete this formjn 1ts entirety and be received by the Managing Department on or before 5:00 p.m.1 five (5) City business days after .bid opening, exclusive of the bid opening ~ate, will result in the bid being considered non -responsive to bid specifications. · Will you perform this entire contract without subcontractors? If yes, please provide a detailed explanation that proves based on the size and scope of th is project , this is your normal business practice and provide an operational profile of your business . Will you perform this entire contract without suppliers? If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business . YES NO YES NO The bidder further agrees to provide , directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offerer and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature T itle Contact Name (if different) Company Name Phone Number Fax Number Address • Email Address City/State/Zip Date Rev . 5/30/03 FORT°WORTH -·w· PRIME COMPANY NAME: PROJECT NAME: City's M/WBE Project Goal: % City of Fort Worth Good Faith Effort Form I PROJECT NUMBER ATTACHMENT 1C Page 1 of 3 Check applicable block to describe prime I M'W/DBE I I NON-M'W/DBE BID DATE If you have failed to se~ure 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 .!!!Y!! complete this form :",'.1"· '\. c ':,·'" ·.,, . ;,, .. ·· ~·' .,,. ·". . If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. FaJlur, fo c:on:iplete this ;Jorni, ii, i~ !"-tirety : with/supporting ; dc;,cumentation,· and, received t by:'the Managing' Department on or before 5:oo :"p.m?five (SL~ity ,businessj tays after bid openlng,"'exclusive of bid opening ·date /will result in the bid 'being considere·d non-responsive to bid specifications; 'I '· " 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"a tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities . Rev. 05/30/03 ATTACHMENT 1C 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. __ Yes __ No Date of Listing--'---''-- 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? __ Yes (If yes , attach M/WBE mail listing to include name of finn 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? __ Yes (If yes, attach list to include~ of M/WBE finn, person contacted , phone number and date and time of contact.) __ No NO;rE: .. A facsimile . may be use~ to com.ply with either ·~ .. or 4; bufmay not be, used for both .. , If a facsirr,iile is 't.ised,, attach the . fa~ conf.jrmation l'w.hiclJ is •fo rovide;M/WBE · name:"date;' time; fax n'umber and documentation faxed ;, . ,,,/\/;; '; ,,))\,dJl;ii;'.j;:'\Jj[)~,;,,,:,, ,j ,.;B;, /•j,, '';if t,:"''.i':f ,,,.,. ; ., "Jj ;'f •• °''./ ' )f;t' ,., ·: , " NOTE: If the Ust of M/WBEsJor a particular,subcontracting/supplier opportunity is ten '(10) or less, the bidder: mu.st c'ontact the entireJ istto'be' in compliance with questions 3 and '.4; If the list 'of M/WBEs for a part,icular 's'ub~<>!1t racti,ng/~uppli!tr;;ppp5frtu.nlty i! 0 ten;:(10);0 1', m(?rEj°; the blddemriusfcontact ' at lea.sf tw o- ~~!t~,:~~h:,:1\!~~,,i /1th!~;,~:;c 1?'f::f}°,[, 0P~f ~~~!,~k ~!l'f ii ~ .i!J~; !~~r !t~11 tg,. ~ryT in ~0 T~l1~!1 c,'··with 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? __ 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 necessarv, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev. 05/30/03 • ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that . will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of fa~ts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev. 05/30/03 FORT°WORTH -a . '-zit ,- CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered; use "NA" if applicable. Joint Venture Page 1 of 3 Name of City project:--------------------------------- A joint venture fonn must be completed on ~ project · RFP/Bid/Purchasing Number:------------- 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Cellular: Facsimile: E-mail address: Identify the firms that comprise the joint venture: Please attach extra sheets ;r additional space is required to provide detailed explanations of work to be performed by each firm comprising the ·oint venture M/WBE firm Non-M/WBE name: firm name : Bu siness Addre ss: Bus iness Addre ss: Ci ty , State , Zip : City, State , Zip: Tele phone Facsimil e E-mail Telephone Facs imile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: ~f~·-·:rf!.-":tft./!?~£~ t t·:,;:.: ;\J·~~ ::· :f:: ·(-.:~"::::~ ::l f~i\',.,~~·." -,,, :., .., ·• " '~,~!: q' r, \ > <;;, ,:'...,V)J;AP'' .i:_;,.,;.''''\:<;c'f'}~i\':;~::J t "';;~":~~;''f i~~~i~~~£ ~ ~',~,&~~.i~~~.,~~,~~g 2 S . f k rfi cope o wor pe orme db b J ' V IY t e mnt enture: Describe the scone of work of the M/WBE: Describe the scone of work of the non-M/WBE: Rev . 5/30/03 Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not comple te if th is information is described in joint venture agree ment) Profit and loss sharing : Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating -----------------------------------------------b . Marketing and Sales ----------------------------------------------- C. Hiring and Firing of management personnel -----------------------------------------------d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form . NOTE: From and after the date of project award, if any of the participants , the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. 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 City's M/WBE Ordinance . Rev. 5/30/03 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name ofM/WBE finn Name of non-M/WBE finn Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner . Title Title Date Date Notarization State of __________________ County of _____________ _ On this ____________ day of ______ ~ 20 __, before me appeared and ------------------------------------------ to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public ______________________ _ Print Name Notary Public _______________________ _ Signature Commission Expires ______________________ _ (seal) Rev. 5/30/03 FORT WORTH ~ Page 1 of 4 City of Fort Worth Subcontractors/Suppliers Utilization Form for Change Orders PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: I M/W/DBE I I NON-M/W/DBE Change Order Date City's M/WBE Change Order Goal: I Prime's M/WBE Change Order Utilization: PROJECT NUMBER % % Identify all subcontractors/suppliers you will use on this project M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas , Denton , Ellis , Kaufman and Rockwall counties . l<Jentify ''each Tier'; level .. Tier 'is 'the "'leve r'o f;subcontract ing·,::t>elo i,v ; the · prj me contractor,: Le ::. a direc;t : : p_aymenffr.9m the-~prirl)e ''cOnt f act Qr tq l,_subco ri '"aqtg t (s COl)Side red,i1 ~1Jier,::a paymen t_by; a.subcon tractoT to "'. Jts s'L1ppli_er'is'. consi~.er~d 2~d tie r '.: .. , "' .. . . '.,;:,J/F ;,.)Jt }:, . i'. . ,Jt 1::,Jt~'. ,J; ... ~. ,.., . . . 'i,•:,t "" · ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or do ing business at the time of bid opening within the Marketplace, that have been determined to be bonafide m inority or women businesses by the North Central Texas Reg iona l Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE) . . If hauling :services are utilized, the ,. prime will be ,, given c.redit. a_s long as the · M/WBE listed owns and 'operate~ .. at lea~.t one full y licen~ed anq operational truck _t o ·be used 9''L the con.t ract. TheM/WBI= may .!ease. trucks from another M/WBE firm ; includin M/WBE ''owner-o erato fs, 'and --receive full M/WBE ·credit.''· The 7/8/10 Page 2 of 4 M/WBE may lease trucks from non-M/WBEs ," includ ing owner-:-operators, but will only, receive crediUor the fees andcommissions earned bythe ,M/WBE as outlined in the lease agreement. .·,. .,. . ·· ' . ..,.,, . ·,,.'•'· ,·. .,,.,,.,.,,,, , .. ,. . ," ·.. . ,,. '•' . :' ,, . ,, ... ,, '; Primes a re 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. SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax N Certification (check one) , , ~ T 1----.--,--...---=-1 I N T .. e M W C X M T D W r B B R ·o B ,, EECT!=, A Detail Subcontracting Work Detail Supplies Purchased Dollar Amount 7/8/10 Page 3 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ +:Ih~, s .cmtr~9tor,:yvi !J)1ot mak~ ,additi9.n~; Jlel~Uons, ,9r,,suJi~tituti9ns,J o this(pe,t:ti fjed l is f wittJout the prio r-!;~ppr9v~I '·oF the :Minorityt anc! VVcil:nen Bi.Jsin·ess :IEnterpris'ij;,.Qffic~ "'Manager/or ]:tesigriee'!,;through ;:t h~ subrnittaL of a ,, Reguifst fc,r:"~j,'p rcival of Chang~A.qdii/oi:L An y)~ri)LlsJ'iJi ~d 9bcing ~, o('.de.Jeti.on §l)~!t be J(rri~terial . br~acl)' of : contra gr and . rnay result· in debarme.nf':i n'IacGord ~with''thef procedlfres ?out1ined in· th _e .. _ordinance:: 1-:t:1e contractor ;:§hall su bmi('a detaUe9 explanationVi:>t hqw t6e.'req ue~tecJ.ch~nge/ad~JtioH 'or"geletior(~iH affect the c;.o rn mi ~ed ,M/WBE goaJ !l;.lfthtf detail ,explariation)s •not~ubmitt~d ;it will affectthe'"final c:ompliarice deterrn,nation }{::';,.::c:t' ,.s· By affixing a signature to this form, the Offerer further agrees to provide, directly to the City upon request, complete and accurate information regard ing actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The 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 concern ing false statements . Any failure to comply with th is ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name/Title (if different) Company Name · Telephone and/or Fax Address E-mail Address . 7/8/10 Page 4 of 4 City/State/Zip Date 7/8/10 FORT WORTH · ._,, •9• __.. · City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY · · · If the total dollar value of the contract is $25,000 or more: the M/WBE goal is applicable . "'i. ' ;,,If the total dollar valtJ~ of the"~6 ntract is less than $25 ,000 , the ' M/WBE oal is ~'ot appl icable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equ itable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual bas is. All requirements and regulations stated in the City's current Mino ri ty and Women Business Enterprise Ordinance apply to this bid . M/WBE PR OJECT GOALS The City's M/WBE goal on this project is __ 1 _7 __ % of the total bid (Base bid applies to Parks and Community Se rvices). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25 ,000 or more, bidders are required to comply w ith the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture . 1. Subcontractor Utilization Form , if goal is received by 5 :00 p .m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid openinQ date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form , if participation is less than opening date , exclusive of the bid opening date . stated goal : 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form , if no M/WBE participa tion: openinQ date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form , if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid open ing date. 5. Joint Venture Form , if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date , exclusive of the bid opening date. FAILURE TO ,COMPLYWITH THE CITY!S.M/WBE ORDINANCE, WILLRESULTJN THE BID BEING .CONSIDERED . " ''1';f;' ·V . (' ,riif,NON-RESPONSIVE Tri'sPECIFICATIONS ,1I!1J:i,1 ,:;fa». '''i:° ',,,,~[; 'I A n y questi ons, please contact the M/WBE Office at (8 17) 392-6104. Rev. 11/1/05 SECTION 4 -BID PACKAGE 4.1 BID PROPOSAL WORKBOOK 4.2 INTENTIONALLY LEFT BLANK 4.3 BID SCHEDULE 4.4 LIST OF FITTINGS 4.5 PRE-QUALIFIED CONSTRACTOR LIST TO: The Purchas ing Department City of Fort Worth , Texas PROPOSAL FOR : WAL SH RANCH SANI TAR Y SEW ER EXTENSIO N - PHASE 1C C ity Project No .: 01719 UNITS/SECTIONS: SEWER IMPROVEMENTS Fort Worth , Texas Date: 7P 1 1"-\ \ Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plans , specifications and the site , understands the amount of work to be done , and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Water Department of the City of Fort Worth . If required by this project, Contractor must be pre-qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements . Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance , Maintenance Bond for the water replacement contract onl y, and Pay ment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums , to wit: Total quantities given in the bid proposal may not reflect actual quantities , by represent the best accuracy based on a reasonable effort of investigation ; however, they are given for the purpose of bidding on and awarding the contract. Special Note: All contractors_are advised that one contract w ill be awarded to the lowest combined bid for all Units/Section s . PAGE1R ADDENDUM NO : 1 Sanitary Sewer Extension for Walsh Ranch Phase 1 C C ity Project No. 0171 9 ; Sewer P roject No. P 275 -703140171983 CPMS Record Approx . Description Of Items W ith Unit Bid Amount Pay Item Number Quantity Unit of Measure Bid Prices Written In Words Price Bid 1 BID-00282 5168 LF Pipe-Sewer-18 lnch-PS46 ; ASTM F679 (Al l Depths) -Install Fir-ry Z"en Dollars & s-:r!!-$29{>7"' ~ $ N~ Cents per unit 2 BID-00278 1203 LF Pipe-Sewer-18 Inch Ductile Iron w/ Protecto 40 1 (Al l Depths) -Install OIJ~ ij..w pt t'P €1 /rl/T Dollars & [08 !?12 / 2~ <tZ.7 111) $ $ f,/Q Cents per unit 3 BID-00281 23 LF P ipe-Sewer-18 lnch-"City Approved Product & Approved Method" Sheet 6R (A ll Depths) -Insta ll 0.14 ~ l.L.cak«/. St.if.f\ Dollars & s /01~ $ tf_.t/ ~ J/P Cents per unit 4 BID-00268 4015 LF Pipe-Sewer-15 lnch-SDR35 ; ASTM D3034 (All Depths) -Insta ll t:otf':/ C1lMfl Dollars & $ ~fl~ $ L '!~ 1~ '.!. NO Cents per u nit 5 B I D-00260 600 LF Pipe-Sewer-16 Inch Ductile Iron w/ Protecto 401 (All Depths) -Insta ll QN~ U..11at,U~ Dollars & LO() !!. •6 $ s '(J.()()a - NO. Cents per unit 6 BID-00213 30 EA Manhole-Std 4 Ft Diam-(to 6 Ft Depth) -Insta ll c,,.e.,. ............. ;i. eo ... Jl""' )-I., ... " f-J I i "'•'"'T1 ful>ollars & -s I {.,. ?..i s1~7.f0 t::\ 0 Cents , ) per unit 7 BID-00214 288 VF Manhole-Std 4 Ft Diam-Added Depth (over 6 Ft Depth) -Insta ll fo1,,-7 •• !!. IO~C!. H..s~f~,O -Doll ars & $ 14-0 $ ~o J2.0 ' }~ 0 Cents per unit 8 BID-00217 30 EA Manhole-vacuum Test -Services 0 t-l\l t-\ ....... ,0 t...S". T\l..., Dollars & 0.:. ,. -s l 1 O $ ~300 Nu Cents per unit PAGE 2R-2 ADDENDUM NO: 2 CPMS Record Approx . Descri ption Of Items W ith Unit B i d Amount Pa y Item Number Quantity Un it of Measure B id Prices W ritten In Words Price B id 9 810-00198 30 EA Collar-Manhole-32 Inch-Frame & Cover -Insta ll 'c..J~ ... t-\.J'"'' L.tl ji:,'1/C!~ia rs & ~ ~ 1-J. 0 s 710 $ 2.i JOO Ce nts per unit 10 8 10-00201 11009 LF Inspection-Post Construction Cleaning & TV -Study ,o °10 --~\o Dollars & $ 0 --$ 9 ~08 t4:J;.!"e-r 1 I Cents per unit 11 8 10-00372 11009 LF Trench Safety System 5 Foot Depth -Install 0 ~\! Dolla rs & O• ~ \ - \~ Cl $ $ 11009 Ce nts I per unit 12 810-0084 1 66 1 LF Concrete-Encasement -In sta ll f:oc.. ~~ T,... t..~-1 Dollars & .. ...!-•..: I~ $ 4-J sZB f?.l ~ Cents ) per un it 13 8 10-00094 161 CY RipR ap-< Than 18 Inch Rock -Insta ll 0 ,..( H""'•t.i~ T(;,~ •• C>" Dollars & --- Ho $ I l 0 $1 ,.1 10 Cents I pe r unit 14 8 10-00134 22240 SY Grass-Hydromulch Seed ing -Insta ll ,~ 0 1£. •• Dollars & - fo&..Ti ~:l~~ $ Q s/oooS Cents pe r un it 15 40 LF Grave l Road Repa ir J~l ~l:t Tv o c, .. oo Doll ars & ;,2--- $ s /.2$0 ~2 Cents ' per unit 16 810-00100 1 LS ':::itorm Water Pollution Prevention Plan > 1 na n 1 Ac SWPPP -Insta ll !r.c. ..,..,. '1'4 0"·"'~" ~ !.!.. .., e.,~tr,l H"", '-</) Doll ars & S ?oo s 8 ,o O $ l-4 0 I Cents pe r un it Total B i d s88i. I.if/!! I PAGE 3R ADDENDUM NO : 1 BID SUMMARY SEWER IMPROVEMENTS I '" $ 58~ r-, -: TOTAL BID '" $~!. nq-_ PAGE 4R ADDENDUM NO : 1 Within ten (10) days after not ification by the City of Fort Worth , the unders igned will execute the formal con tract and will deliver an approved urety B o nd and suc h other bo nds as requ ired by th e Con tract Document s, for the fai thful performance of the Contract. The attached bid securi ty in the am o unt of 5% is t o become th e pro perty of th e City of Fort Worth , T exas, in th e event th e contract and bond or bo nd s are n o t executed and delivere d within th e time above set forth, as liquidated d amages for the delay and additiona l work caused thereby. !fas a requirement of thi s project, the undersigne d bidder certifies that they have been furnished at least one set of the General Contract Documents and General or Special Spec ifications for Projects, and th at they have thoroug hly read and comp letely understand all the requirements and conditions of those General D ocuments and th e specific Cont ract Documents and appurtenant pl ans. The und ersigned ass ure d that its employees and applicants for employment an d th ose of any labor organization, s ubcontracto r s, or empl oyment agency in ei th e r furnishing o r referring employee applicants t o th e und ers ig ned a re no t di scriminated against as prohibited by the term s of C ity Ordina nce N o. 7278 as a mended by City Ordina nce N o. 7400 . The Bidde r a g rees t o beg in construction with ten (10 ) calendar days after iss ue of the work order and t o complete the contract within 180 calende r d ays after beginnin g construction as set forth in the written work order to be furni s hed by th e Owner. (Check One Box and complete, as applicable) 0 The principal place of business of our company is in the State of a. Nonres ident bidders in the State of , our principal place of bu s iness , are required t o be percent lower th a n re s ident bidders by s ta t e law . A copy of the statute is attached. b. Nonresident bidders in the State of required to underbid resident bidders. , our principa l place of bus iness , are not ~ The principal place of bus ine ss of our company or our parent company or majority owner is in the State of Texas . Receipt is ackno wled ged of the following addenda: Addendum N o . I : 1 rJ.../ Addendum No . 2:P{) Addendum N o. 3: Addendum N o. 4: Addendum No. 5: Addendum o . 6 : By: any : vJ ._:S: '4 µ1 L•nu1'. C..o; J.•··H. .... Address: G,o \ vJ , vJ t,,..1..-._ Y'f · G-«-A, f c;",::: ~ e., T-,.. 7 1..t o r I Date: 7 / I 't' / I \ PAGE 5R ADDENDUM NO : 1 CITY APPROVED PRODUCT AND APPROVED METHOD FOR • * CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED : STANDARD SPEC NO . SIZE E1 -31 4 " T HRU 30 " E1-25 4 " T HRU 15" E1-27 4" THRU 15 " L E1-28 18 " THRU 27" E100-2 18 " THRU 48" Consult the "City of Fort Worth Standard Product List" to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above . Failure to provide the information required above may result in rejection of bid as non-responsive . Only products or methods listed above will be allowed for use in this project. Any subsitution shall result in rejection of bid as non-responsive . PAGE 6R ADDENDUM NO : 1 VENDOR COMPLIANCE TO STATE LAW T he 1985 Se ss ion of t he Texas Leg isl at ure passe d Ho use Bill 620 re lative to the award of contracts to nonres ident bidde rs . This law prov ides tha t , in o rde r to be awa rded a contract as low bidde r, n onres ident b idde rs (out -of-state cont racto rs w ho se corpo rate offi ce s o r prin cip al pl ace of busin es s are outside of the State of Texas) bid proj ects for construction , improvements , supplies or serv ices in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidde r would be requ ired too underbid a nonresident bidde r in order to obta in a co mpara ble contract in the State in which the nonres ident's p rinc ipa l place of bus iness is located . The appropr iate blanks in Sect ion A must be fi lled out by all out-of-state or nonresident bidde rs in orde r fo r you r b id to meet specificat ions . The failure of out-of-state or nonresident contractors to do so w ill automat ically disqualify that bidder . Resident bidders must check the box in Section B. (C heck O ne Box a nd compl e t e , as ap pli ca bl e) D T he prin c ip a l pl ace of bu s in ess of o u r compa ny is in t he State of a . Nonr es id e nt bidd e rs in t he St a te of , o ur p r in ci pa l pl ace of bu s in ess, are re quired t o be pe rcent lower th a n res id e nt bidd e rs by state law . A co py of th e sta tu te is attac he d . b . No nres id e nt bidd ers in th e State of , o u r prin c ip a l pl ace of bu s in ess, are not re quire d to und e rbid res id e nt b idd e r s. § T h e prin c ip a l pl ace of bu s in ess of o ur compa ny o r o ur pa re nt compa ny o r maj o rity own e r is in th e Sta te of Texas . By: Tit le: Co mpa Address : C. 0 • .J \~ '-. ) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION PAGE ?R ADDENDUM NO : 1 BID SCHEDULE Line No . Detail Description PAGE 8R ADDENDUM NO : 1 PRE-QUALIFIED SUB-CONTRACTOR LIST S UB-CO NTRACTO R Indicate Detail Company Name Unit(s)/Section(s) Subcontra ct ing Address Working W ork Teleohone/Fax V "., ...... 1>V..S. /:. r4 .,,.,,,_.,..&,.,,t'f,,,.. ""-f\~~t1.,,& lli•T1-u- y? A1.,1., ... .l> I I ,c. • -, . "· .l.H't,(e,._T:,; "~ c,..,.2 .• -f •<a-3<.c.+ 6-«....i\t .... > c...-. f %~""' ~.,.. ......... ., c..c..,..a. Hof.'f, .... t.:z.'-~'-... 1"'~ t-\:i. ..... ~'T,c. · ~l1·S"7 1 -~"°'~ PAGE 9R ADDENDUM NO : 1 SECTION 5 -GENERAL AND SPECIAL CONDITIONS 5.1 PART C -GENERAL CONDITIONS (WATER-SEWER) 5.2 SUPPLEMENTARY CONDITIONS TO PART C (WATER-SEWER) 5 .3 PART D -~PECIAL CONDITIONS (WATER-SEWER) 5.4 PART DA -ADDITIONAL SPECIAL CONDITIONS (WATER-SEWER) 5.5 PART E-SPECIFICATIONS 5. 6 INTENTIONALLY LEFT BLANK 5.7 WAGE RATES 5 .8 . COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE LAWS Cl-1 Cl-1.1 Cl-1.2 Cl-1.3 Cl-1.4 Cl-1.5 Cl-1.6 Cl-1.7 Cl-1.8 Cl-1.9 Cl-1.10 Cl-1.11 Cl -1.12 Cl-1.13 Cl-1.14 Cl-1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl-1.19 Cl-1.20 Cl-1.21 Cl-1.22 Cl-1.23 Cl-1.24 Cl-1.25 Cl-1.26 Cl -1.27 Cl-1.28 Cl-1.29 Cl-1.30 Cl-1.31 Cl-1.32 PART C -GENERAL CONDITIONS TABLE OF CONTENTS OCTOBER 19, 2009 . TABLE OF CONTENTS DEFINITIONS Cl-1 (1) Definition of Terms Cl-1 (1) Contract Documents Cl-1 (2) Notice to Bidders Cl-1 (2) Proposal Cl-1 (2) Bidder Cl-1 (2) General Conditions Cl-1 (2) Special Conditions Cl-1 (2) Specifications Cl-1 (2) Bonds Cl-1 (2) Contract Cl-1 (3) Plans Cl-1 (3) City Cl-1 (3) City Council Cl-1 (3) Mayor Cl-1 (3) City Manager Cl-1 (3) City Attorney Cl-1 (3) Director of Public Works Cl-1 (3) Director, City Water Department Cl-1 (3) Engineer Cl-1 (3) Contractor Cl-1 (3) Sureties Cl-1 (4) The Work or Project Cl-1 (4) Working Day Cl-1 (4) Calendar Days Cl-1 (4) Legal Holidays Cl-1 (4) Abbreviations Cl-1 (4) Change Order Cl-1 (5) Paved Streets and Alleys Cl-1 (5) Unpaved Streets or Alleys Cl-1 (6) City Street Cl-1 (6) Roadway Cl-1 (6) Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 C2-2.2 C2-2 .3 C2-2.4 Proposal Form Interpretation of Quantities Examination of Contract Documents and Site of Project Submitting of Proposal (1) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (2) -~ ' " y . ' . " ,,. .. ~ r, ~ t C2-2 .5 ·"~ Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) C2-2.7 Delivery of Proposal . , C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals .. : ; C2-2 (4) C2-2.12 Disqualification of Bidders ~ C2-2 (4) . . ' ~ •. C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.l Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions "' C3-3 (1) C3-3.4 Withdrawal of Proposals .. ; "~ 1. C3-3 (1) C3-3.5 A ward of Contract .~ r C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds ,, .... C3-3 (2) ' C3-3.8 Execution of Contract ... C3-3 (3) C3-3 .9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work , C3-3 (4) C3-3.ll Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) ~ - C3-3.15 Venue C3-3 (7) . ' ~ .;; . C4-4 SCOPE OF WORK C4-4.1 • Intent of Contract Documents C4-4 (1) ~ ~ C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) "' C4-4.6 Construction Schedule C4-4 (3) C4-4.7 Schedule Tiers Special Instructions C4-4 (6) ... ' .. ~ . r ' - C5-5 CONTROL OF WORK AND MATERIALS ~ i. .. C5-5.l Authority of Engineer . C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) ( C5-5.3 Coordination of Contract Documents C5-5 (1) . ii , C5-5.4 Cooperation of Contractor C5-5 (2) CS-5.5 Emergency and/or Rectification Work C5-5 (2) CS-5.6 Field Office C5-5 (3) ,~ I CS-5.7 Construction Stakes C5-5 (3) ' " , .• " > ' " (2) <\ . ' , 1 ' ,:. ':( .,. . ' ..,"r',t'. '. . < :-.,,· , "" C5-5.8 C5-5 .9 C5-5.10 C5-5.ll C5-5.12 C5-5 .13 C5-5.14 C5-5.15 C5-5.16 C5-5.17 C5-5 .18 C6-6 C6-6.l C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6.6.11 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 Authority and Duties of City fuspector fuspection Removal of Defective and Unauthorized Wark Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities futerruption of Service Mutual Responsibility of Contractors Clean-Up Final fuspection LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials, and Processes Sanitary Provisions Public Safety and Convenience Privileges f Contractor in Streets, Alleys, and Right-of-Way C5-5 (3) C5-5 (4) C5-5 (4) C5-5 (4) C5-5 (5) C5-5 (5) C5-5 (5) C5-5 (6) C5-5 (7) C5-5 (7) C5-5 (8) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (3) Railway Crossings C6-6 (3) Barricades, Warnings and Flagmen C6-6 (3) Use of Explosives, Drop Weight, Etc. C6-6 (4) Work Within Easements C6-6 (5) fudependent Contractor C6-6 (6) Contractor's Responsibility for Damage Claims C6-6 (6) Contractor's Claim for Damages C6-6 (8) Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) Temporary Sewer and Drain Connections C6-6 (8) Arrangement and Charges for Water Furnished by the City C6-6 (9) Use of a Section or Portion of the Work C6-6 (9) Contractor's Responsibility for the Work C6-6 (9) No Waiver of Legal Rights C6-6 (9) Personal Liability of Public Officials C6-6 ( 10) State Sales Tax C6-6 (10) PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of The Work Limitation of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time Completion (3) C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (3) C7-7 (3) C7-7 .9 C7-7.10 C7-7 .11 C7 -7.12 C7-7 .13 C7-7.14 C7-7.15 C7-7 .16 C7-7.17 C8-8 C8-8.1 C8-8.2 C8-8.3 C8-8.4 C8-8 .5 C8-8.6 C8-8.7 C8-8.8 C8-8 .9 C8-8.10 C8-8.11 C8-8.12 C8-8.13 Delays Time of Completion Suspension by Court Order Temporary Suspension :.. .t ~~ -I< "' . ( .,..,, it~)-~ Termination of Contract due to National Emergency Suspension or Abandonment of the Work and Annulment of the Contract: Fulfillment of Contract Termination for Convenience of the Owner Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement Of Quantities Unit Prices Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adequacy of Design General Guaranty Subsidiary Work . I Miscellaneous Placement of Material Record Documents •• > • (4) ~. . ' ,' C7 -7 (4) C7-7 (4) C7-7 (5) C7-7 (5) C7-7 (6) C7-7 (6) C7-7 (8) C7-7 (8) C7 -7 (11) C8-8 (1) C8-8 (1) C8-8 (1) C8-8 (1) C8-8 (2) C8-8 (3) C8-8 (3) C8-8 (3) C8-8 (4) C8-8 (4) C8-8 (4) C8-8 (4) C8-8 (4) PART C -GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS Cl-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc ., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A -NOTICE TO BIDDERS PART B -PROPOSAL PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E-SPECIFICATIONS PERMITS/EASEMENTS PARTF-BONDS PART G-CONTRACT (Sample) (Sample) (CITY) (Developer) (Sample) (Sample) White White Canary Yell ow Brown Green El-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A-NOTICE TO BIDDERS (Advertisement) same as above PART B -PROPOSAL (Bid) PART C-GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E-SPECIFICATIONS PERMITS/EASEMENTS PART F-BONDS PART G-CONTRACT PART H -PLANS (Usually bound separately) Cl-1 (1) ,: ~ ,, .. . Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. Cl-1.4 PROPOSAL: The completed w,ritten and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any person, persons, firm, partnership , company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. Cl-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence. . . Cl-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. Cl-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a . b. C. d. C2-2.6) Performance Bond (see paragraph C3-3.7) ~ ' . Payment Bond (see paragraph C3-3.7) , ..• , .~ .r , Maintenance Bond (see paragraph C3 -3.7) Proposal or Bid Security (see Special Instructions to Bidders, Part A and ' Cl-1 (2) .. ' "· ·" Cl-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents . Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. ( C 1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. 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, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C 1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. Cl-1.18 DIRECTOR. CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. Cl-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting Cl-1 (3) . . directly or through a duly authorized representative . A sub-contractor is a person, firm, corporation , supplying labor and materials or only labor, for the work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by s uch bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. Cl-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C 1-1.23 WORKING DAY: A working day is defined as a calendar day; not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7 :00 a .m. and 6:00 e.m ., with exceptions as permitted in paragraph C7-7 .6 Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25: LEGAL HOLIDAYS: Legal holiday s shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 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 ?S the City Council may determine January 1 Third Monday in January Last Monday in May July4 First Monday in September Fourth Thursday in November Forth Friday in November December25 When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. Cl-1.26 ABBREVIATIONS : Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follow s : Cl -1 (4) ,t .. "·-· AASHTO -American Association of State MGD Million Gallons Highway Transportation Officials per Day ASCE American Society of Civil CFS Cubic Foot per Engineers Second IAW In Accordance With Min. Minimum ASTM American Society of Testing Mono. Monolithic Materials % Percentum AWWA American Water Works R Radius Association I.D. Inside Diameter ASA American Standards Association O.D. Outside Diameter HI Hydraulic Institute Elev. Elevation Asph. Asphalt F Fahrenheit Ave. Avenue C Centigrade Blvd. Boulevard In. Inch CI Cast Iron Ft. Foot CL Center Line St. Street GI Galvanized Iron CY Cubic Yard Lin. Linear or Lineal Yd. Yard lb. Pound SY Square yard MH Manhole L.F. Linear Foot Max. Maximum D.I. Ductile Iron Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. Ci-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. Cl-1 (5) )f I: o_ • • ~ > ~ • Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." Cl-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. Cl-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four ('4) feet back of the average edge of pavement where no curb exists. SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.l PROPOSAL FORM: The Owner will furnish bidders with Proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (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 completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 (1) . ' •. t C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents . ! .. ...... · ~......... . ~ i . t"~ ~ ~"',,-, I<.£ ..... ..; s< -.;.., 'II( "' • \-; ~"' ~ ~ ~-;;..{* ~-- . ... ~Ii: <'"""~ ~~it' .. ~~"t ... #. ~ 1,..,."-*~ Bidders are required, prior to filing of proposal, to read and become familiar with the .' ,,: •. rl'..,;,~,: ·~-r ·~ Contract Documents , to visit the site of the project and examine carefully all local · ""."' ';.{_,',(c t ,;, ~t ' conditions, to inform themselves by their own independent research and investigations, '4:' ., ;·,. tests, boring, and by such other means as may be necessary to gain a complete knowledge "; »:t. of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations , and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed . The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2 (2) . . . ., : :.:: -!- ' ' . , of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures , additions not called for , conditional or uncalled for alternate bids, erasures , or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal ." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance, and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless 1t 1s delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders ." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered . The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 .8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud , the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened . C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further , that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 (3) t ' , . ' C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form , additions, or conditions not called for , unauthorized alternate bids, or irregularities of any kind . However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: 4. a) Reas_ons for believing that collusion exists among bidders. b) Reasonable grounds for believing that apy bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) e) f) g) h) ,,, ~. ' 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 financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. Uncompleted work which, 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. 2. 3. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions 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. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. -.. ' ' "i C2-2 (4) . , : ~ . ' ' .. t "'..i. • ' ' . . . ,. PART C -GENERAL CONDITIONS C3 -3 AW ARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.l CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by talcing the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid . Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records , or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAW AL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) .' ,, ''' "' ~... . . C 3-3.5 AW ARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES : As soon as proposed price totals have been determined for comp~son of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. b. C. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials . This performance bond shall guarantee the payment for 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 of the amount of the contract, as evidenced by the proposal· tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. '' PAYMENT BOND : A good and sufficient payment bond , in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) ~ I :. fr ;}" ' ·-.e.· ' ,. . . 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 , Acts 561h Legislature, Regular Session, 1959, effective April 27, 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined un satisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution , or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee 's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) -< • ,. \f . . . suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. " The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3 .11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub -contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. . -' . '. . . ' b. C. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each 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 a 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. ' . ,, • • l Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) '' , < • .. .. . ,,.' .. ', ' . ' 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation ill excavation are performed adjacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors , should the Prime Contr~ctor' s insurance not cover the sub-contractor's work operations . g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) ' .. . ; performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth . Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom 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, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor, in surance, and/or bonding company . If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all 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 PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR 'S CONTRACT ADMINISTRATION : Any Contractor, whether a person, persons, partnership , company, firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material , labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth - Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all ,, C3 -3 (6) ' . \ ,,. ... .. ' ,' ' ~ . ' . ' appropriately signed and sealed, as applicable , by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority . This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may , at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3 -3 .15 VENUE: Venue of any action hereinunder shall be exclusi vely in Tarrant County, Texas. f ! I l C3 -3 (7) . ' 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 n~cessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shaH upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories . . , . ' < \ -. ' ' ' C4-4 (1) ... . -• C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Wark" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials ei;itering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work . The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and · complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. C4-4 (2) ". ~ ,., . .J' , . ' .. Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 CONSTRUCTION SCHEDULE: Before commencing any work under this contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i .e . file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by OWNER) Primavera Contractor (Version 6.1 or later or approved by OWNER) Primavera SureTrak (Version 3.x or later or approved by OWNER) Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules. A qualified Project Scheduler would have the following minimum capabilities and experience. a . Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling software systems as defined in this specification. b . Knowledge of Critical Path Method of scheduling and the ability to analyze ., schedules to determine duration, resource allocation, and logic issues. t ~ .· wi~ j,i • ', • • '. ~ .,\. ~ C4-4 (3) c. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed, maintained, and progressed that accurately represents the scope of work performed. C4-4.6(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall develop, submit and review the draft detailed baseline construction schedule with the OWNER to demonstrate the CONTRACTOR's understanding of the contract requirements and approach for performing the work. The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments, if any . The CONTRACTOR's first (1st) payment application will only be processed after the detailed baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. The following guidelines shall be adhered to in preparing the baseline construction schedule. a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements, and completion time . b. The construction progress shall be divided into activities with time durations no greater than 20 work days. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity . d. The critical path shall be clearly shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub- activities in enough detail to achieve sub-activities of no greater than 20 days duration . The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes , the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts applicable to the project, the construction schedule shall indicate the following: procurement, construction, pre-acceptance activities , and C4-4 (4) : ~~ "'j,r' ~->.~,,_{''"' ."<~ ~ <' ,. events in their logical sequence for equipment and .materials . Include applicable activities and milestones such as : 1. Milestone for formal Notice to Proceed 2 . Milestone for Final Completion or other completion da tes specified in the contract documents 3 . Preparation and transmittal of submittals 4. Submittal review periods 5 . Shop fabrication and delivery 6 . Erection and installation ,, " -, . ' ~- 7. Transmittal of manufacturer 's operation and maintenance in structions 8 . Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10. Final inspection 11 . Operational testing C4-4 .6(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with C4-4.6 and C4 -4.7 and the OWNER's Schedule Guidance Document inclusive. As the Work progresses , the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. The updated schedule submittal shall also include a concise narrative report that highlights the following, if appropriate and applicable: • Changes in the critical path, Expected schedule changes, Potential delays, Opportunities to expedite the schedule, Coordination issues the OWNER should be aware of or can assist with, Other schedule-related issues that the CONTRACTOR wishes to communicate to the OWNER. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates , submitted in the time and manner required by this specification and the Schedule Guidance Document, and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification. c. Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. n ~ ~,.. " ~ . ' t ;. .. { "'"'-'\..,.,...,•,""' .. C4-4 (5) '" , .. ~ . C-4-4.6(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition, the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time. Failure of the CONTRACTOR to comply with these requirements shall be considered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. C4-4.7 SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents. The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOADING SPECIAL INSTRUCTIONS: 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost-loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS : 1. Adhere to all Tier 3 requirements, and additionally the following: 2. Work (Schedule of Values Pay Items using the OWNER's standard items) shall be loaded into the scheduling software using the "NON- LABOR" resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars. It is intended that Earned Value will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS: 1. Adhere to all Tier 4 requirements, and additionally the following: • Labor resources (Man-Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and without cost. C4-4 (6) ' " .. :.:• ' ' ' PART C -GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. CS-5 .2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the C5-5 (1) ' + ,, • :i..,. ... Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents . The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the <:!mergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed . The written notice shall direct attention to the C5-5 (2) .v discrepant condition and request the Contractor to take remedial action to correct the condition . In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated , air conditioned, lighted , and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades , and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor 's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or remo ved by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished . Such inspection may extend to all or any part of the work , and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements . Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or 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 tot he requirement s of the ·"<, C5-5 (3) ;, . Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. CS-5.9 INSPECTION : The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall , at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should Work so exposed or examined prove to be unacceptable, the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. CS-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK:All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense . Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the function called for by the general design, be similar and of equal substance to that specified and be suited to the same use and CS-5 (4) '· . ' l • capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service . No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may requ ire Contractor to furnish such other data about the propo sed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guaran tee and bonds as Owner may require which shall be furnished at Contractor 's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, los ses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS : Where, in the opinion of the Engineer, or as called for in the Contract Documents , tests of materials or equipment are necessary, such te sts will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials a9d equipment fully conforming to the requirements of the Contract Documents . Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use . The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates , design minimum, and the mi xing and tran sporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents . Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection . C5-5 .14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities . The location of many gas mains, water mains, conduits , s ewer lines and service lines for CS-5 (5) -' . . ,, , . ' ( all utilities, etc ., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply . It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty-eight ( 48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form ·shall be attached to the customer's door knob. The tag shall be durable in composition, and in large bold letters shall say: C5-5 (6) . ·, '' . ' "NOTICE" Due to Utility Improvement in your neighborhood , your (water) (sewer) service will be interrupted on ____ _ between the hours of and ___ _ This inconvenience will be as short as possible. Thank You, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. CS-5.16 MUTUALRESPONSIBILITYOFCONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration . If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim . CS-5 .17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean -up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures , and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition . No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 (7) : ... . ' t CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (8) . " , ' < PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED:The Contractor sh all at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders , laws, ordinances and regulation s which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers , agents , and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees . C6-6 .2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees , and give all notices neces sary and incident to the due and lawful pro secution of the work. C6-6 .3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or de sires to use any design , device, material, or process covered by letter, patent, or copyright, he shall provide for s uch use by s uitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design . It i s mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks , and copyrights in any way invol ved 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 s uch trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents , and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work , provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon 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. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees s~ch regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences · ', · , for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) . ' ' .. ,. ' ·, "' ,. - the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the di version of traffic, and shall, at his expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity . The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are 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. C6-6(2) • . ~· •; . The Contractor shall at all times conduct his operation and use of construction machinery . so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work . Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the O wner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6 .6 PRIVILEGES OF CONTRACTOR IN STREETS. ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6 .7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work . Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents . C6-6.8 BARRICADES. WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade . A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into , any work under C6-6(3) construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically 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 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 EXPLOSNES, 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 advance of the use of any C6-6(4) f activity which might damage or endanger their or his property along or adjacent to the work . Where the use of explosives is to be permitted on the project , as specified in the Special Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish · evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. C6-6 .10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right -of-way or easement privileges, as the City may deem necessary for the prosecution of the work . Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his expense . Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property . The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to , all tress, shrubbery, p1ants, lawns , fences , culverts, curbing, and all other types of structures or improvements , to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work . The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work . Such ( ,, . notice shall be made at least 48 hours in advance of the beginning of the work. Notices "' shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, who se land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act , omission, neglect, or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) < • .. f' ' <. • replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and s~rvices to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors, subcontractors, licensees or invitees of the C6-6(6) ' . ' ·. '. "' . " Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss , and/or personal injuries, including death , to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition ( 1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractqr be made. At the expiration of the six month period , the C6-6(7) . ~. > • i. •," .: Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLATh1 FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25 1h day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages . C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6(8) • ' • <; ; . , '. ' " I," > '. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing . City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main . All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-l .2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates . When meters are not used , the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6 .17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, 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 notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense . C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: 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 thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the ·· work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, o·r any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach . The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6(9) ' . ,, C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise , and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX C6-6(10) . . PART C -GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS . < SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject tot he same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign , transfer, sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm , or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled , unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages . C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. C7-7(1) ' . ' ., ,, The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents . Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7 .8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7 .5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be use'd by the Contractor when it is available. The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition . Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use . C7-7(2) ' , , .. - .. ... ~-. -', • . .. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in Cl-1.23 "WORKING DAYS" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must .. 1 b. be made to the Engineer no later that the preceding Thursday. 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 Contractor may work as he so desires . C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized . C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes , or delays of sub-contractors due to such causes. '. C7 -7(3) ., . ' . ' '' ' . When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents , then the contract time mat be increased by Change Order. C7-7. 9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any , which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TTh1E OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal, the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7-7(4) ' . "' ' ' . ~ \ ~: ;Jj .. . ( ' ._ .. '\. ~ • i' • 1 AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES ' ' PER DAY . ' -•. Less than $ 5,000 inclu sive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45 .00 $ 15 ,001 to $ 25,000 inclu sive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105 .00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100 ,001 to $ 500,000 inclusive $ 210 .00 $ 500,001 ~ to $1,000,000 inclusive $ 315 .00 . $1,000,001 to $2,000,000 inclusive $ 420 .00 $2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day", as set out above , is a reasonable forecast of just compensation due the City for harm caused by any delay . C7-7 .11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other un suitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not ob struct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7 .8 EXTENSION OF THETIME OF COMPLETION, and should it be C7-7(5) ..... ~ ,. determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO •NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause . The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7 -7(6) " .- ~~; ~ . ' .. ~ ~ ,,. ~' ,~ .. : J ; .. :i. , ....... ~ ' • t t . ' .,· ., . < • C. d. e. f. . . . g. ' <;. h. 1. j. • t k. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. Substantial evidence that the Contractor has abandoned the work. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents . Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents . All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents . . .' • C7-7(7) ., '' ' . , ' ' In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT:The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.I6 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) 4. ,, ' C ,, .. ', '-· '' claim, demand or suit shall be required of the Owner regarding such discretionary action CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2 . 3. 4 . 5. 6 . place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any , directed by the Engineer: a. b. the fabricated or unfabricated parts, work m progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and The completed, or partially completed plans , drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. complete performance of such work as shall not have been terminated by the notice of termination; and Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) . ' ' which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.l(C), the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits> Nothing in C7-7 .16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, , restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) : . ' > • G. H. . ' 2 . any claim which the Owner may have against the Contractor in connection with this contract; and 3: the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. ADmSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7 .14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. . !: < • > ., C7-7(11) ,t . -/ PART C -GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.l MEASUREMENT OF QUANTITIES: The determination of quant1t1es of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed . C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM:· When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all 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 , C8-8(1) '! :i,, °;" ~>f t I )( ....... ,... " -~- .. j 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 one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8 -8 .5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and the 5th day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents . Not later than the 10th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000.00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work which are to be ilworporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will be allowed on a basis of 85% of the net invoice value thereof). The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that partial estimates from month to month will be approximate only, aff 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 quantity of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents . The City 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(2) ,, ' > . . ~, ., . '' .. ;,j; C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below . C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations , and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, firms , associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. C8-8(3) The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. C8-8 .10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance . with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each _, bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the Project. C8-8.I3 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the • C8-8(4) , . •, " ~."'"' .~. ;. ' / J """" . ,. .. site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. I • r f. H 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. CS-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page CS-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress . The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period , less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of $400 ,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished . It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C -General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D -Special Conditions. D. C3-3 .ll INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised 10/24/02 Pg . 1 E. C6-6.12 CONTRACTOR 'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: F. G. 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 offlcers. 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 offlcers. 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. INCREASED OR DECREASED QUANTITIES: Part C -General Conditions, Section C4-4 SCOPE OF WORK. Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered , increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents . Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. C3-3.11 INSURANCE: Page C3 -3 (7): Add subparagraph "h. ADDITIONAL Revised 10/24/02 Pg.2 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 ariy alternative coverage. h . Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L Contractor's liability shall not be limited to the specified amounts of insurance required herein. Revised 10/24/02 Pg . 3 m . Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H . C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: I. The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8 .I0 GENERAL GUARANTY: Delete C8-8.I0, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents , nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness . Revised 10/24/02 Pg. 4 Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications , it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders , TPW contracts place the following in lieu of the existing paragraph 2. J. Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which noffconsideration requests have been properly filed may , at the option of the Owner, be returned unopened. CZ -2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C. General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Page C3-3(3); the paragraph after paragraph C3-3 .7d Other Bonds should be revised to read: Revised 10/24/02 Pg. 5 In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised 10/24/02 1. 50 copies and under -10 cents per page Pg. 6 2, More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter M . SITE PREPARATION : The Contractor shall clear rights -of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations . The contractor's attention is directed to paragraph C6 -6 .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 perfo rmed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore . Contractor further agrees to permit an audit and/or examination of any books , records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3) years . Revised 10/24/02 Pg. 7 P. WAGE RATES: Section C3-3J3 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 , Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02) pertain to this inspection . (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period , whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Revised 10/24/02 Pg. 8 PART D -SPECIAL CONDITIONS D-1 GENERAL ............................................................................................................................ 3 D-2 COORDINATION MEETING ................................................................................................ 5 D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ...................... 5 D-4 COORDINATION WITH FORT WORTH WATER DEPARTMENT ...................................... 7 D-5 CROSSING OF EXISTING UTILITIES ................................................................................ 7 D-6 EXISTING UTILITIES AND IMPROVEMENTS .................................................................... 8 D-7 CONSTRUCTION TRAFFIC OVER PIPELINES .................................................................. 8 D-8 TRAFFIC CONTROL ........................................................................................................... 9 D-9 DETOURS ......................................................................................................................... 10 D-10 EXAMINATION OF SITE ............................................................................................... 10 D-11 ZONING COMPLIANCE ................................................................................................ 10 D-12 WATER FOR CONSTRUCTION .................................................................................... 10 D-13 WASTE MA TE RIAL ....................................................................................................... 10 D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE ........................................................ 10 D-15 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES .............................. 11 D-16 BID QUANTITIES .......................................................................................................... 11 D-17 CUTIING OF CONCRETE ............................................................................................ 11 D-18 PROJECT DESIGNATION SIGN ................................................................................... 11 D-19 CONCRETE SIDEWALK AND DRIVEWAY REPLACEMENT. ....................................... 12 D-20 MISCELLANEOUS PLACEMENT OF MATERIAL. ......................................................... 12 D-21 CRUSHED LIMESTONE BACKFILL .............................................................................. 12 D-22 2:27 CONCRETE ........................................................................................................... 13 D-23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION ........................................... 13 D-24 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS .............. 14 D-25 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) .................. 15 D-26 SANITARY SEWER MANHOLES .................................................................................. 16 D-27 SANITARY SEWER SERVICES .................................................................................... 19 D-28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES .................. 20 D-29 DETECTABLE WARNING TAPES ................................................................................. 23 D-30 PIPE CLEANING ........................................................................................................... 23 D-31 DISPOSAL OF SPOIUFILL MATERIAL ......................................................................... 23 D-32 MECHANICS AND MATERIALMEN'S LIEN ................................................................... 23 D-33 SUBSTITUTIONS .......................................................................................................... 23 D-34 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER .............. 24 D-35 VACUUM TESTING OF SANITARY SEWER MANHOLES ............................................ 27 D-36 BYPASS PUMPING ....................................................................................................... 28 D-37 POST-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER ............ 28 D-38 SAMPLES AND QUALITY CONTROL TESTING ........................................................... 30 D-39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................................................................. 31 D-40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES .......................... 32 D-41 PROTECTION OF TREES, PLANTS AND SOIL ........................................................... 32 D-42 SITE RESTORATION ·····························································~·············· ........................ 32 D-43 CITY OF FORT WORTH STANDARD PRODUCT LIST ................................................ 33 D-44 TOPSOIL, SODDING , SEEDING & HYDROMULCHING ............................................... 33 D-45 CONFINED SPACE ENTRY PROGRAM ....................................................................... 38 D-46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION .............................. 39 D-47 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ........................ 39 D-48 CONCRETE ENCASEMENT OF SEWER PIPE ........................................................... .40 D-49 CLAY DAM ..................................................................................................................... 40 02/09/2010 · SC-1 PART D -SPECIAL CONDITIONS - D-50 EXPLORATORY EXCAVATION (D-HOLE) .................................................................. .40 D-51 INSTALLATION OF WATER FACILITIES ..................................................................... .40 51.1 Polyvinyl Chloride (PVC) Water Pipe ............... ... ............................... .. ... . ........... .. .... 40 - 51 .2 Blocking ....................................................................................................................... 41 51 . 3 Type of Casing Pipe ..................................................................................................... 41 51 .4 Tie-lns .......................................................................................................................... 41 51 .5 Connection of Existing Mains ....................................................................................... 41 51.6 Valve Cut-Ins ............................................................................................................... 42 51. 7 Water Services ............................................................................................................ 42 51.8 2-lnch Temporary Service Line ................................................................................... 44 51.9 Purging and Sterilization of Water Lines ...................................................................... 45 51 .10 Work Near Pressure Plane Boundaries ....................................................................... 45 51 .11 Water Sample Station .................................................................................................. 46 51.12 Ductile Iron and Gray Iron Fittings ............................................................................... .46 -0-52 SPRINKLING FOR DUST CONTROL ........................................................................... .47 D-53 DEWATERING .............................................................................................................. 47 D-54 TRENCH EXCAVATION ON DEEP TRENCHES .......................................................... .47 0-55 TREE PRUNING ............................................................................................................ 47 0-56 TREE REMOVAL ........................................................................................................... 48 0-57 TEST HOLES ................................................................................................................ 48 0-58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION .......................................................................................................................... 49 D-59 TRAFFIC BUTTONS ...................................................................................................... 49 0-60 SANITARY SEWER SERVICE CLEANOUTS ................................................................ 50 D-61 TEMPORARY PAVEMENT REPAIR .............................................................................. 50 0-62 CONSTRUCTION STAKES ........................................................................................... 50 D-63 EASEMENTS AND PERMITS ........................................................................................ 50 D-64 PRE-CONSTRUCTION NEIGHBORHOOD MEETING .................................................. 51 0-65 WAGE RATES .............................................................................................................. 51 -D-66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 53 D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN 1 ACRE) ............................................................................................................................. 53 0-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS ...................................................................................................... 55 D-69 ADDITIONAL SUBMIITALS FOR CONTRACT AWARD ................................................... 56 D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION ....................................................... 56 0-71 AIR POLLUTION WATCH DAYS ....................................................................................... 57 D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ............................................ 57 02/09/2010 SC-2 - PART D -SPECIAL CONDITlONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part C1 - Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C -General Conditions and part C1 -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C -General Conditions and Part C1 -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR : SANITARY SEWER EXTENSION FOR WALSH RANCH PHASE 1C FORT WORTH, TEXAS CITY PROJECT NO.?????, DOE NO. 4160 WATER DEPARTMENT PROJECTS NO. PS46-531200-070460140300 (SWR) D-1 GENERAL The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: · 1. Plans 2. Contract Documents 3. Special Conditions The following Special Conditions shall be applicable to this project under the provisions stated above . The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name , or identification include therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the contractor. · The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. 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 02/09/2010 SC-3 PART D -SPECIAL CONDITIONS 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents . A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building , Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: A DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division , PO Box 17027 , Fort Worth, Texas 76102 . B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a - proposal must be made in writing, addressed to the City Manager, and filed with him prior to - the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. 02/09/2010 SC-4 PART D -SPECIAL CONDITIONS D-2 COORDINATION MEETING For coordination purposes, weekly meetings at the job site may be required to maintain the project on the desired schedule. The contractor shall be present at all meetings . D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 1. Certification of coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82 , TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 3. Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees . This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity , or employees of any entity which furnishes persons to provide services on the project. "Services" include , without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 8 . 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 0210912010 SC-5 PART D -SPECIAL CONDITIONS 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage. ' I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; 4 . Obtain from each other person with whom it contracts , and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and 02/09/2010 SC-6 PART D -SPECIAL CONDITIONS ·1 . Contractually require each person with whom it contracts, to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules . This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512) 463-3642 to receive information on the legal requirement for coverage, to verify whe(her 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 02/09/2010 SC-7 PART D -SPECIAL CONDITlONS constructed of ductile iron pipe . The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps . Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work, the cost of which shall be included in the price bid in the Proposal for each bid item . D-6 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property exposed by his construction operations. Contractor shall make all necessary provisions (as approved or authorized by the applicable utility company) for the support , protection and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services , water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. It is understood that the Contractor is not responsible for the permanent relocation of existing utilities in direct conflict with the proposed construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED . Where existing utilities or service lines are cut, broken or damaged the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Engineer of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. 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 02/09/2010 SC-8 PART D -SPECIAL CONDITIONS line and the existing lines from these possibly excessive loads . The Contractor shall not, at any time, cross the existing or new pipe with a truck delivering new pipe to the site . Any damage to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense , to the satisfaction of the City. In locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines , if the damage results from any phase of his construction operation. D-8 TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit " prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provis ions 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 . Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Profess ional Engineer (P .E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals " on the City's Buzzsaw website . Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued the Contractor. The Contractor will not remove any regulatory sign , instructional sign, street name sign or other sign , which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 817-392-7738) to remove the sign . In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place unt il the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled , the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods " as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas ." The lump sum pay item for traffic control shall cover design and I or installation , and ma intenance of the traffic control plan . · 02/09/2010 SC-9 PART D -SPECIAL CONDITIONS D-9 DETOURS The contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. D-10 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and 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. D-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. D-12 WATER FOR CONSTRUCTION The Contractor at his own expense will furnish water for construction. D-13 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D-14 PROJECT CLEANUP AND FINAL ACCEPTANCE The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as all construction has been completed . No more than seven days shall elapse after completion of construction before the roadway , right- 02/09/2010 SC-10 -PART D -SPECIAL CONDITIONS of-way, or easement is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials , and in general preparing the site of the work in an orderly manner and appearance. The City of Fort Worth shall give final acceptance of the completed project work. 0-15 SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels,· drilling rigs, pile drivers, hoisting equipment or similar apparatus . The warning sign shall read as follows: "WARNING -UNLAWFUL TO OPERA TE 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 (ONCOR) who will erect temporary mechanical barriers, de- energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCOR, and shall record action taken in each case . 4 . The Contractor is required to make arrangements with the ONCOR company for the temporary _relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5 . No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-16 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. 0-17 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. 0-18 PROJECT DESIGNATION SIGN 02/09/2010 · SC-11 PART D -SPECIAL CONDITIONS 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 : (817) 392-8306 M-F 7:30 am to 4 :30 p.m. or (817) 392-8300 Nights and Weekends Any and all cost for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-19 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. D-20 MISCELLANEOUS PLACEMENT OF MATERIAL Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. D-21 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 . 02/09/2010 SC-12 PART D -SPECIAL CONDITIONS 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-22 2:27 CONCRETE Transportation and Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts Figures STR -028 ,STR-029 and STR-031 refer to using 2 :27 Concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretation of the Transportation and Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. D-23 TRENCH EXCAVATION, BACKFILL, AND COMPACTION Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein . 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded , either through accident or otherwise , and if the Engineer determines that the design loadings of the pipe will be exceeded , the Contractor will be required to support the pipe with an improved trench bottom . The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements , and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL : Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material w ith Type "C" backfill material. Excavated material used for Type "C" backfill must be mecha Aically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas , with a map showing the location and depth of the various test holes . If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2 .3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back-fill material is not suitable, Type "B" backfill material shall be used only with the consent and approval of the Engineer. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure WTR-029. Sand material specified in WTR-029 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: 02/09/2010 SC-13 PART D -SPECIAL CONDITIONS • Less than 10% passing the #200 sieve • P. I. = 1 O or less Additionally, the crushed limestone embedment gradation specified in Section E1-3 Crushed Limestone for Embedment of the General Contract Documents and Specifications shall be replaced with the following: Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 All other provisions of this section shall remain the same. 3. TRENCH COMPACTION : All trench backfill shall be placed in lifts per E2-2 .9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. 0698) by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by mechanical devices specifically designed for compaction or a combination of methods subject to approval by the Engineer. Backfill material to be compacted as described above must be within +-4% of its optimum moisture content. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill . Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, with the exception of Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. D-24 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 STR-028 through STR-031. 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 . 02/09/2010 SC-14 PART D -SPECIAL CONDITIONS All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced . All resident ial 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 Construction Services Section by the Contractor in conformance with Ordinance No . 3449 and/or Ordinance No. 792 to make utility cuts in the street. The Construction Services section will inspect the paving repair after construction . This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Construction Services section. D-25 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 . 02/09/2010 SC-15 PART D -SPECIAL CONDITIONS 3. SLOPING SYSTEM -Sloping means excavating to form sides of a trench that are inclined away from the excavation . 4 . SHIELD SYSTEM -Shields used in trenches are generally referred to as "trench boxes " or "trench shields". Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure . Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre-manufactured or job-built in accordance with OSHA standards . 5. SHORING SYSTEM -Shoring means a st ructure 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 excavat ion . The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT -Payment shall be full compensation for safety system design, labor, tools, materials , equipment and incidentals necessary for the installation and removal of trench safety systems. D-26 SANITARY SEWER MANHOLES A. GENERAL: The installation , replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes , Valve Vaults, Etc., and E2 -14 Vault and Manhole Construction of the General Contract Documents and Specifications , unless amended or superseded by requirements of this Special Condition . For new sewer line installations, the Contractor shall temporarily plug all lines at every open manhole under construction in order to keep debris out of the dry sewer lines . The plugs shall not be removed until the applicable manhole complete with cone section has been constructed and the lid installed to keep out debris as a result of additional construction. 1. CONCRETE COLLARS : Concrete collars will be required on all manholes specified as per COFW Standard Detail SAN-009 . 2. DELETED 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 . 02/0912010 SC-16 - PART D -SPECIAL CONDITIONS Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade . 5. MANHOLE COVERS : All lids shall have pick slots in lieu of pick holes . Manhole frames and covers shall be PAMREX, or approved equal, with 30-inch clear opening . 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 . 6. SHALLOW CONE MANHOLES: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow cone manholes shall be built in accordance with Figure 105 . All shallow cone manholes shall have a cast iron lid and frame with pick slots . NOTE : MANHOLES PER FIGURE 106 WILL NOT BE ALLOWED . 7. MANHOLE STEPS: No manhole steps are to be installed on any sanitary sewer manhole . 8. EXTERIOR SURFACE COATING : Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy , Koppers "Bitumastic Super Service Black" Tnemec "46- 450 Heavy Tnemecol," or equal to, a minimum or 14 mils dry film thickness . 9. MANHOLE JOINT SEALING : All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department , excluding only the joints using a trapped type performed 0-ring rubber gasket shall require Bitumastic joint sealants as per Figure M. This sealant shall be pre-formed and trowelable Bitumastic as manufactured by Kent-Seal , Ram-Nek, E-Z Stick , or equal. The joint sealer shall be supplied in either extruded pipe form or suitable cross-sectional area or flat-tape and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength . The Joint sealer shall remain totally flexible without shrinking , hardening, or oxidizing regardless of the length of time it is exposed to the elements . The manufacturer shall furn ish 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 . 8. 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. 02/09/2010 SC-17 PART D -SPECIAL CONDITIONS 2. SEALING AND/OR ADJUSTING EXISTING MANHOLES: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings . Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced . Grade rings that are constructed of brick , block materials other than pre-cast concrete rings , or where necessary and approved by the Engineer, shall be replaced with a pre-cast flattop section. Pre-cast concrete rings , or a pre-cast concrete flattop section will be the only adjustments allowed . In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame . If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame . Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense . Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed by an application of quick setting hydraulic cement to provide a smooth working surface . If the inside diameter of the manhole is too large to safely support new adjustment rings or frames , a flat top section shall be installed. Joint surfaces between the frames, adjustment rings, and cone section shall be free of dirt, stones, debris and voids to ensure a watertight seal. Place flexible gasket joint material along the inside and outside edge of each joint, or use trowelable material in lieu of pre- formed gasket material. Position the butt joint of each length of joint material on Q.pposite 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. 02/09/2010 SC-18 PART D -SPECIAL CONDITIONS The price bid for reconstruction of existing manholes shall include all labor equipment and materials necessary for construction of new manhole, including, but not limited to , excavation, backfill, disposal of materials , joint sealing, lift hole sealing and exterior surface coating. Payment shall not include pavement replacement, which if required , shall be paid separately . The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment and materials necessary for adjusting and/or sealing the manhole , including but not limited to, joint sealing , lift hole sealing, and exterior surface coating . Payment for concrete collars will be made per each . Payment for manhole inserts will be made per each. D-27 SANITARY SEWER SERVICES Any reconnection, relocation , re-routes, replacement, or new sanitary sewer service shall be required as shown on the plans, and/or as described in these Special Contact Documents in addition to those located in the field and identified by the Engineer as active sewer taps. The service connections shall be constructed by the Contractor utilizing standard factory manufactured tees . City approved factory manufactured saddle taps may be used, but only as directed by the Engineer. The decision to use saddle taps as opposed to tees shall be made on a case-by-case basis . The Contractor shall be responsible for coordinating the scheduling of tapping crews with building owners and the Engineer in order that the work be performed in an expeditious manner. A minimum of 24 hours advance notice shall be given when taps will be required. Severed service connections shall be maintained as specified in section C6-6.15. D. SEWER SERVICE RECONNECTION: When sewer service reconnection is called for the Contractor shall vertically adjust the existing sewer service line as required for reconnection and furnish a new tap. The fittings used for vertical adjustment shall consist of a maximum bend of 45 degrees. The tap shall be located so as to line up with the service line and avoid any horizontal adjustment. For open cut applications , all sanitary sewer service lines shall be replaced to the property or easement line, or as directed by the Engineer. Sanitary sewer services on sewers being rehabilitated using pipe enlargement methods shall be replaced to the property or easement line or as directed by the Engineer. Procedures listed below for Sewer Service Replacement shall be adhered to for the installation of any sewer service line including the incidental four (4) feet of service line which is included in the price bid for Sanitary Sewer Taps. Payment for work such as backfill , saddles , tees , fittings incidental four (4) feet of service line and all other associated appurtenances required shall be included in the price bid for Sanitary Sewer Taps . E. SEWER SERVICE REPLACEMENT: All building sewer services encountered during construction shall be adjusted and/or replaced by the Contractor as directed by the Engineer 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 02/0912010 SC-19 PART D -SPECIAL CONDITIONS (shown on the plans) at the building clean-out and compare the data with the elevation at the proposed connection point on the sewer main , in order to ensure that the two (2) percent minimum slope (or as specified by the Engineer) requirement is satisfied . Elevations shall also be verified at all bend locations on the service re-route . All applicable sewer mains , laterals and affected service lines that are installed without pre-construction de -holing at the affected residences (to verify design elevations) shall be removed and replaced as necessary at the Contractor's expense in the event grade conflicts are brought to light after de-holing is conducted. All elevation information obtained by the Contractor shall be submitted to the Inspector. The Engineer shall be immediately notified in the event that the two (2) percent minimum slope is not satisfied. If the Contractor determines that a different alignment for the re-route is more beneficial than shown on the plans , the Contractor shall obtain and submit all relevant elevation information for the new alignment to the Inspector and shall be responsible for ensuring that the two (2) percent minimum grade (or as approved by the Engineer) is satisfied . Prior to backfilling , the Contractor shall double check the grade of the installed service line and submit signed documentation verifying that the line has been installed as designed to the Engineer. The Contractor, at its sole expense, shall be required to uncover any sewer service for which no grade verification has been submitted. All re-routes that are not installed as designed or fail to meet the City code shall be reinstalled at the Contractor 's expense . The Contractor shall ensure that the service line is backfilled and compacted in accordance with the City Plumbing Code . Connection to the existing sewer service line shall be made with appropriate adapter fittings. The fitting shall be a urethane or neoprene coupling A.S.T.M . C-425 with series 300 stainless steel compression straps . The Contractor shall remove the existing clean-out and plug the abandoned sewer service line . The contractor shall utilize schedule 40 PVC for all sanitary sewer service re-routes or relocations located on private property . Furthermore, the contractor shall utilize the services of a licensed plumber for all service line work on private property. Permit(s) must be obtained from the City of Fort Worth Development Department for all service line work on private property and all work related to the service line must be approved by a City of Fort Worth Plumbing Inspector. A copy of the plumbing permit shall be provided to the Engineer prior to beginning work on the sanitary sewer service re-route and proof of final acceptance by the Plumbing Inspector shall be provided to the Engineer upon completion of the sanitary sewer re-route. Payment for work and materials such as backfill, removal of existing clean-outs, plugging the abandoned sewer service line, double checking the grade of the installed service line, pipe fittings, surface restoration on private property (to match existing), and all other associated work for service replacements in excess of four (4) linear feet shall be included in the linear foot price bid for sanitary sewer service line replacement on private property or public right of way. Payment for all work and material involving the "tap " shall be included in the price bid for sanitary sewer service taps . D-28 REMOVAL, SALVAGE, AND ABANDONMENT OF EXISTING FACILITIES Any removal , salvaging and/or abandonment of existing fac ilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1 .5 Salvaging of Material and E2-2.7 Removing Pipe, of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 02/09/2010 SC-20 - PART D -SPECIAL CONDITIONS A SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials . 8 . SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID : Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The concrete vault shall be demolished in place to a point not less than 18 inches below final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill . Backfill material shall be suitable excavated material approved by the Engineer . Surface restoration shall be compatible with existing surrounding surface and grade. C. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1 .5 Salvaging of Materials. The void shall be backfilled and compac ted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . D. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the Contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade . If the valve is in a concrete vault, the vault shall be demolished in place to a point no less than 18" below final grade . E. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18 inches below final grade . Concrete shall then be used as backfill material to match existing grade . F. ABANDONMENT OF EXISTING VAULTS : Vaults to be demolished in place shall have top slab and lid removed and vault walls demolished to a point not less than 18" below final grade . The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2 .9 Backfill . Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding grade. G. ABANDONMENT OF MANHOLES: Manholes to be abandoned in place shall have all pipes entering or exiting the structure plugged with lean concrete. Manhole top or cone section shall be removed to the top of the full barrel diameter section , or to point not less than 18 inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material approved by the Eng ineer. 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 . 02/09/2010 SC-21 . PART D -SPECIAL CONDITIONS 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 respons ibility 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 facil ity is not being replaced in the same trench (i.e ., when removal requires a separate trench). L. ABANDONMENT OF EXISTING SEWER LINES : Where plans call for abandonment of existing sewer mains after the construction of a new sewer main , the Contractor shall be responsible for TV inspection of 100% of the existing sewer main to be abandoned to make a final determination that all existing service connections have been relocated to the new main . Once this determination has been made, the existing main will be abandoned as indicated above in Item I. 02/0912010 SC-22 PART D -SPECIAL CONDITIONS D-29 DETECTABLE WARNING TAPES Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water and sanitary sewer pipe . The detectable tape shall be "Detect Tape" manufactured by Allen Systems , Inc . or approved equal , and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis , acids , chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils , and the width shall not be less than two inches with a minimum unit weight of 2% pounds/1 inch/100 '. The tape shall be color coded and imprinted with the message as follows : Type of Utility Color Code Water Safety Blue Sewer Safety Green Legends Caution! Buried Water Line Below Caution! Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectab ility . Allow a minimum of 18 inches between the tape and the pipe . Payment for work such as backfill , bedding, blocking , detectable tapes , and all other associated appurtenances required shall be included in the unit price bid for the appropriate bid item(s). D-30 PIPE CLEANING Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall be swept daily and kept clean during installation . A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage . D-31 DISPOSAL OF SPOIUFILL MATERIAL . Prior to the disposing of any spoil/fill material, the Contractor shall advise the City of Fort Worth 's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinances of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a floodplain without a permit. A floodplain permit can be issued upon approval of necessary Engineering studies . No fill permit is required if disposal sites are not in a floodplain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain . Any expenses associated with obtaining the fill permit, including any necessary Engineering studies , shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site , Contractor shall remove the spoil/fill material at his expense and dispose of such materials in accordance with the Ordinances of the City and this section . D-32 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. D-33 SUBSTITUTIONS 02/09/2010 SC-23 PART D -SPECIAL CONDITIONS The specifications for materials set out the minimum standard of ·quality, which the City believes necessary to procure a satisfactory project. . No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material , which has been specified . Where the term "or equal", or "or approved equal" is used , it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City . If a product of any other name is proposed for use , the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute . Where the term "or equal ", or "or approved equal " is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is , in fact , equal, and the Engineer, as the representative of the City , shall be the sole judge of the acceptability of substitutions . The provisions of this sub-section as related to "substitutions" shall be applicable to all sections of these specifications. D-34 PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWER A GENERAL : Prior to the reconstruction , ALL sections of existing sanitary sewer lines to be abandoned, removed (except where being replaced in the same location), or rehabilitated (pipe enlargement, cured-in-place pipe, fold and form pipe, slip-line, etc .), shall be cleaned, and a television inspection performed to identify any active sewer service taps, other sewer laterals and their location . Work shall consist of furn ishing all labor, material , and equipment necessary for the cleaning and inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be infl icted by the improper use of cleaning equipment. 1. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT : The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high-velocity nozzles . The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned . Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream . The equipment shall carry its own water tank, auxiliary engines , pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment , which cannot be collapsed, is used , special precautions to prevent flooding of the sewers and public or private property shall be taken . The flow of sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible . 2 . CLEANING PROCEDURES: The designated sewer manholes shall be cleaned using high - velocity jet equipment. The equipment shall be capable of removing dirt, grease , rocks , sand , and other materials and obstructions from the sewer lines and manholes . If cleaning of an entire section cannot be successfully performed from one manhole , the equipment shall be set up on the other manhole and cleaning again attempted . If, again , successful 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 . 02/09/2010 SC-24 • PART D -SPECIAL CONDITIONS When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures , the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water from the City Water Distribution System , the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the setup , includ ing the water usage bill. All expenses shall be considered incidental to cleaning . 3. DEBRIS REMOVAL AND DISPOSAL: All sludge , dirt , sand , rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned . Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted . 4 . All solids or semisolid resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the City. 5. UNDER NO CIRCUMSTANCE SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES . 6. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection . Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe . The camera shall be operative in 100% humidity conditions . The camera, television monitor, and other components of the video system shall be capable of produc ing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection . B. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches , TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line . When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized . All television inspection videotapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable, or the like, which would require interpolat ion for depth of manhole, will not be allowed . Accuracy 02/09/2010 SC-25 PART D -SPECIAL CONDITIONS of the distance meter shall be checked by use of a walking meter, roll-a-tape , or other suitable device , and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera . The methods used for securing passage of the camera are to be at the option of the Contractor. The cost of retrieving the Television camera, under all circumstances , when it becomes lodged during inspection, shall be incidental to Television inspection . 2. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance such as locations of unusual conditions , roots , storm sewer connections, broken pipe , presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City . 3. PHOTOGRAPHS : Instant developing , 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer , as long as such photographing does not interfere with the Contractor's operations. 4 . VIDEOTAPE RECORDINGS: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed . Video tape recording playback shall be at the same speed that it was recorded . The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days . Equipment shall be provided to the City by the Contractor for review of the tapes . The Engineer will return tapes to the Contractor upon completion of review . Tapes shall not be erased without the permission of the Engineer. If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the City. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for televising this portion shall be made . Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera . THE TAPES SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO CONSTRUCTION FOR REVIEW AND DETERMINATION OF SAGS. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be corrected . The Engineer will return tapes to the Contractor upon completion of review. All costs associated with this work shall be incidental to unit prices bid for items under Television Inspection of the Proposal. C. PAYMENT OF CLEANING AND PRE-CONSTRUCTION TELEVISION INSPECTION OF SANITARY SEWERS: The cost for Pre-Construction Cleaning and Television Inspection of sanitary sewers shall be per linear foot of sewer actually televised. The Contractor shall provide the Engineer with tapes of a quality that the particular piece of sewer can be readily 02/09/2010 SC-26 - PART D -SPECIAL CONDITIONS evaluated as to existing sewer conditions and for providing appropriate means for review of the tapes by the Engineer including collection and removal , transportation and disposal of sand and debris from the sewers to a legal dump site . Television inspection shall include necessary cleaning {hydraulic jet or mechanical cleaner) to provide video image required for line analysis. The primary purpose of cleaning is for television inspection and rehabilitation ; when a port ion 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 Inspect ion . The item shall also include all costs of installing and maintaining any bypass pump ing required to provide reliable, regular sewer service to the area residents . All bypass pumping shall be incidental to the project. 0-35 VACUUM TESTING OF SANITARY SEWER MANHOLES A GENERAL: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes . B. EXECUTION: 1. TEST PROCEDURE: Manholes shall be vacuum tested prior to any interior grouting with all connections in place. Lift holes shall be plugged, and all drop-connections and gas sealing connections shall be installed prior to testing . The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole . The plugs shall be installed in the lines beyond the drop-connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations . A vacuum of ten inches of mercury (1 O"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 C 1244-93: 02109/2010 Table I MINIMUM TIME REQUIRED FOR VACUUM DROP OF 1" Hg (1 O"Hg -9"Hg) (SEC) Depth of MH. 48-lnch Dia . 60-lnch Dia . (FT.) Manhole Manhole 0 to 16 ' 40 sec. 52 sec . 18' 45 sec. 59 sec. 20' 50 sec. 65 sec. SC-27 PART D -SPECIAL CONDITIONS 22' 55 sec. 72 sec . 24' 59 sec. 78 sec. 26' 64 sec. 85 sec. 28' 69 sec. 91 sec. 30' 74 sec. 98 sec. For Each 5 sec. 6 sec. Additional 2' 1. ACCEPTANCE : The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one-inch of mercury (1" Hg) after the required test time . Any manhole, which fails to pass the initial test, must be repaired by either pressure grouting through the manhole wall or digging to expose the exterior wall of the manhole in order to locate the leak and seal it with an epoxy sealant. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition, all temporary plugs shall be removed, all braces, equipment, and debris shall be removed and disposed of in a manner satisfactory to the Engineer. C. PAYMENT: Payment for vacuum testing of sanitary sewer manholes shall be paid at the contract price per each vacuum test. This price shall include all material, labor, equipment, and all incidentals, including all bypass pumping, required to complete the test as specified herein. D-36 BYPASS PUMPING The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated and/or replaced. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system . Under no circumstances will the Contractor be permitted to discharge sewage into the trenches. Payment shall be incidental to rehabilitation or replacement of the sewer line. D-37 POST-CONSTRUCTION TELEVISION INSP .ECTION OF SANITARY SEWER A GENERAL: After construction, ALL sections of sanitary sewer lines shall have a television inspection performed by an independent sub-Contractor hired by the prime Contractor. Work shall consist of furnishing all labor, material, and equipment necessary for inspection of the sewer lines by means of closed circuit television . Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. B. TELEVISION INSPECTION EQUIPMENT: The television camera used for the inspection shall be one specifically designed and constructed for such inspection . Lighting for the camera shall 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 02109/2010 SC-28 PART D -SPECIAL CONDITIONS satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection . C. EXECUTION: 1. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps . In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable , and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. No more than 2000 linear feet of pipe will be televised at one time for review by the Engineer. When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. The importance of accurate distance measurements is emphasized. All television inspection video tapes shall have a footage counter. Measurement for location of sewer service taps shall be above ground by means of meter device . Marking on the cable , or the like, which would require interpolation for depth of manhole , will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape , or other suitable device , and the accuracy shall be satisfactory to the Engineer. The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor. The cost or retrieving the Television camera, under all circumstances, when it becomes lodged during inspection , shall be incidental to Television inspection. Sanitary sewer mains must be laced with enough water to fill all low pints . The television inspection must be done immediately following the lacing of the main with no water flow. If sewer is active, flow must be restricted to provide a clear image of sewer being inspected . 2. DOCUMENTATION: Television Inspection Logs : Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service tap observed during inspection. All television logs shall be referenced to stationing as shown on the plans . A copy of these television logs will be supplied to the City. 3. PHOTOGRAPHS: Instant developing, 35 mm , or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations . 4. VIDEOTAPE RECORDINGS : The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Video tape record ing 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 02/09/2010 SC-29 PART D -SPECIAL CONDITIONS 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 connect ions, 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. 0-38 SAMPLES AND QUALITY CONTROL TESTING A The Contractor shall furnish, at its own expense , certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used , and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. B. Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement , and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test _results to the City . C. Quality control testing of in-place material on this project will be performed by the city at its own expense . Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City . The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested , and any work effort involved is deemed to be included in the unit price for the item being tested . 02/09/2010 SC-30 PART D -SPECIAL CONDITIONS E. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site . The ticket shall specify the name of the pit supplying the fill material. D-39 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes , dams , berms , sediment basins , fiber mats, jute netting , temporary seeding , straw mulch, asphalt mulch , plastic liners , rubble liners , baled-hay retards, dikes, slope drains and other devices. 8. CONSTRUCTION REQUIREMENTS : The Engineer has the authority to define erodible earth and the authority to lim it the surface area of erodible-earth material exposed by preparing right- of-way, clearing and grubbing , the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams , other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams , sediment basins , slope drains and use of temporary mulches, mats , seeding, or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading , mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule . Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. 2 . Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 3. Frequent fordings of live streams will not be permitted ; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams . 4 . When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 5 . All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work . 02/09/2010 SC-31 · PART D -SPECIAL CONDITIONS 6. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils , bitumen , calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. C. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work . D-40 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES The Contractor shall provide ingress and egress to the property being crossed by this construction and adjacent property when construction is not in progress and at night. Drives shall be left accessible at night, on weekends, and during holidays . The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction . Notification shall be made to an owner prior to his driveway being removed and/or rebuilt. D-41 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 prior to start of work. Any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense . Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner (No trimming or pruning without the property owners' consent). Pruned limbs of 1" diameter or larger shall be thoroughly treated as soon as possible with a tree wound dressing. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys . This permit can be obtained by calling the Forestry Office at 817-392-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the Nat ional Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D-42 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. 0210912010 SC-32 • PART D -SPECIAL CONDITIONS D-43 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-44 TOPSOIL, SODDING, SEEDING & HYDROMULCHING This item shall be performed in accordance with the City of Fort Worth Parks and Community Services Department Specifications for Topsoil, Sodding and Seeding. 1. TOPSOIL DESCRIPTION: This item will consist of furnishing and placing a minimum of six (6) inches of topsoil, free from rock and foreign material, in all parkways and medians to the lines and grades as established by the Engineer. CONSTRUCTION METHODS : Topsoil will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source. Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways . 2. SODDING DESCRIPTION : Sodding will consist of furnishing and planting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces , in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification . Recommended Buffalo grass varieties for sodding are Prairie and 609 . MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St. Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense , thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots . St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots. Tr.ie sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted . Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting . Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be 02/09/2010 . SC-33 PART D -SPECIAL CONDITIONS watered to the extent required prior to excavating . Sod material shall be planted within three days after it is excavated . CONSTRUCTION METHODS : After the designated areas have been completed to the lines , grades, and cross-sections shown on the Drawings and as provided for in other items of the contract , sodding of the type specified shall be performed in accordance with the requirements hereinafter described . Sodding shall be either "spot" or "block"; either Bermuda, Buffalo or St. Augustine grass . a. Spot Sodding Furrows parallel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings , shall be opened on areas to be sodded . In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half ( 1 /2) inch below the finished grade . Holes of equivalent depth and spacing may be used instead of furrows . The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression . Hand tamping may be required on terraces . b. Block Sodding . At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be ·covered, and any voids left in the block sodding shall be filled with additional sod and tamped . The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod , which, in the opinion of the Engineer, may sl ide 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. MATER IALS : 02/09/2010 SC-34 - PART D -SPECIAL CONDITIONS a . General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The specified seed shall equal or exceed the following percentages of Purity and germination : Common Name Purity Germination Common Bermuda Grass 95% 90% Annual Rye Grass 95% 95% Tall Fescue 95% 90% Western Wheatgrass 95% 90% Buffalo Grass Varieties Top Gun 95% 90% Cody 95% 90% Table 120.2.{2)a. URBAN AREA WARM-SEASON SE.EDING RATE (lbs.); Pure Live Seed (PLS) Dates Feb 1 to May 1 Mixture for Clay or Tight Soils (Eastern Sections) Bermudagrass 40 Buffalograss 60 (Western Sections) Buffalograss 80 Bermudagrass 20 Total: 100 Total : 100 Table, 120.2.{2)b Mixture for Sandy Soils (All Sections) Bermudagrass 60 Buffalograss 40 Total : 100 TEMPORARY COOL-SEASON SEEDING RATE; {lb.) Pure Live Seed {PLS) Dates (All Sections) Aug 15 Tall Fescue 50 to Western Wheatgrass 50 May 1 Annual Rye 50 Total : 100 CONSTRUCTION METHODS: After the. designated areas have been completed to the lines , grades, and cross-sections shown on the Drawings and as provided for in other items of this Contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. a. Watering. Seeded areas shall be watered as directed by the Engineer so as to prevent washing of the slopes or dislodgment of the seed . 02/09/2010 • SC-35 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 fertil izer 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 Sect ion D-45 , Construction Methods . The seed, or seed mixture, specified shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand rather than by mechanical methods , seed shall be raked or harrowed into the soil to a depth of approximately one-eight (1/8) inch . The planted area shall be rolled with a corrugated roller of the "Cultipacker" type . All rolling of the slope areas shall be on the contour. ASPHALT MULCH SEEDING : The soil over the area shown on the Drawings , or as directed to be seeded , shall be loosened to the minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter, or they shall be removed . The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods . Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened . After the watering , when the ground has become sufficiently dry to be loose and pliable , the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods , the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time , provided the specified un iform rate of application for both is obtained . After planting , the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks . In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six (6) inches in depth . The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300 , "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings , or if Drawings are not included , then MS-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0 .3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth . · 02/09/2010 SC-36 • 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 fert ilizer 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 "Seed ing" will be measured by the linear foot, complete in place . 02/09/2010 SC-37 PART D -SPECIAL CONDITlONS Acceptable material for "Sodding" will be measured by the linear foot , complete in place . Acceptable material for "Fertilizer" shall be subsidiary to the price of sodding or seeding . PAYMENT: All work performed as ordered and measured shall be subsidiary to the contract unless and otherwise noted in the plans and bid documents to be paid for at the unit price bid for each item of work. Its price shall be full compensation for excavating (except as noted below), loading , hauling, placing and furnishing all labor , equipment , tools , supplies , and incidentals necessary to complete work . All labor, equipment , tools and incidentals necessary to supply, transport, stockpile and place topsoil or salvage topsoil as specified shall be included in "Seeding" or "Sodding " bid items and will not be paid for directly . "Spot sodding" or "block sodding" as the case may be, will be paid for at the contract unit price per square yard , complete in place , as provided in the proposal and contract. The contract unit price shall be the total compensation for furnishing and placing all sod; for all rolling and tamping ; for all watering; for disposal of all surplus materials ; and for all materials , labor, equ ipment, tools and incidentals necessary to complete the work, all in accordance with the Drawings and these Specifications . The work performed and materials furnished and measured as provided under "Measurement" shall be paid for at the unit price for "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 perform ing all operations necessary to complete the work accepted as follows : Fertilizer material and application will not be measured or paid for directly, but is considered subsidiary to Sodding and Seeding . D-45 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. 02/0912010 SC-38 - PART D -SPECIAL CONDITIONS D-46 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 7. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. 8. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 9. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 10. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be reqL,Jired 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-47 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 . 02/09/2010 . SC-39 PART D -SPECIAL CONDITIONS 9. Short tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Voids remaining after pipe installation shall be pressure grouted . 0-48 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. 0-49 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 . 0-50 EXPLORATORY EXCAVATION (D-HOLE) The Contractor shall be responsible for verifying the locations of all existing utilities prior to construction , in accordance with item D-6 . At locat ions 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 immediate ly 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 . 0-51 INSTALLATION OF WATER FACILITIES 51.1 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). 02/0912010 SC-40 PART D -SPECIAL CONDITIONS 51.2 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. 51.3 Type of Casing Pipe 1. WATER : The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications far Water Department Projects. The steel casing pipe shall be supplied as follows: For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above . C. Minimum thickness for casing pipe used shall be 0.375 inch. Stainless Steel Casing Spacers (centering style} such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be · used on all non- concrete pipes when installed in casing. Installation shall be as recommended by the Manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standard E 1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill , and incidental work shall be included in the unit price bid per foot. 51.4 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. 51.5 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 02/0912010 SC-41 PART D -SPECIAL CONDITIONS Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main , the Contractor shall notify the City Project Manager, Construction Services, Phone 817-392-8306, at least 48-hours prior to the required shut down time . The Contractor's attention is directed to Paragraph CS-5 .15 INTERRUPTION OF SERVICE, Page CS-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location, time, and schedule of the service interruption . The cost of removing any existing concrete blocking shall be included in the cost of connection . Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 51.6 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. 51.7 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 & E1-18) 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 minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section CS-5 .15 INTERRUPTION OF SERVICI;. 02/09/2010 SC-42 PART D -SPECIAL CONDITIONS All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS : Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings , service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation . Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main . 1. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 2. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve (12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line . When relocation of service meter and meter box is required, payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time . Locations with multiple service branches will be paid for as one service meter and meter box relocation . 02/091201(} SC-43 PART D -SPECIAL CONDITIONS 4 . NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop , type K copper service line, curb stop with lock wings, and meter box . Reinforced plastic meter boxes with cast iron lid shall be provided for all 2 inch water meters or smaller. The reinforced plastic water meter boxes shall comply with section E1-18A-Reinforced Plastic Water Meter Boxes . Payment for all work and materials such as backfill, fittings, type K copper tubing , and curb stop with lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle , corporation stops, and fittings shall be included in the price bid for Service Taps to Mains . Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 1. MULTIPLE SERVICE BRANCHES : When multiple service branches are required the contractor shall furnish approved factory manufactured branches . Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 2 . MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps serv icing 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). 51.8 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 tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. The out-of-service meters shall be removed , tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service , the Contractor shall re-install the meters at the correct location . The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. 02/09/2010 SC-44 PART D -SPECIAL CONDITIONS The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item . B. In order to accurately measure the amount of water used during construction, the Contractor will install a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible. At the pre-construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at its cost, from the Water Department. 51.9 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. 51.10 Work Near Pressure Plane Boundaries Contractor shall take note that the water line to be replaced under this contract may cross or may be in close proximity to an existing pressure plane boundary . Care shall be taken to ensure all "pressure plane" valves installed are installed closed and no cross connections are made between pressure planes 0210912010 SC-45 PART D -SPECIAL CONDITlONS 51.11 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge ; however, the Contractor will be required to pick up this item at the Field Operations Warehouse . PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station, concrete support block, curb stop , fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations . PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main . Payment for all work and materials necessary for the installation of the sampling station , modification to the vault, fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. 51.12 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 . 02/09/2010 SC-46 PART D -SPECIAL CONDITIONS D-52 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-53 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 dewate ri ng 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-54 TRENCH EXCAVATION ON DEEP TRENCHES Contractor to prevent any water flowing into open trench during construction. Contractor shall not leave excavated trench open overnight. Contractor shall fill any trench the same day of excavation. No extra payment shall be allowed for this special condition. D-55 TREE PRUNING A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". 8 . 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. Combinat ion 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 . 02/09/2010 SC-47 PART D -SPECIAL CONDITlONS 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 activ ity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation . 12 . Limit any grading work within conservation areas to 3-inch maximum cut or fill , with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods , equipment and protection. E. MULCHING : Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price . D-56 TREE REMOVAL Trees to be removed shall be removed using applicable methods , including stump and root ball removal , loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services , pavement , fences , walls , sprinkler system piping, etc ., at no cost to the Owner. All costs for tree removal, including temporary service costs , shall be considered subsidiary to the project contract price and no additional payment will be allowed. D-57 TEST HOLES The matter of subsurface exploration to ascertain the nature of the soils , including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders , and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently , and whether they make such determination by the use of test holes or other means, shall be left to the discretion of such prospective bidders . If test borings have been made and are provided for bidder's information , at the locations shown on the logs of borings in the appendix of this specification , it is expressly declared that neither the City nor the Engineer guarantees the accuracy for the information or that the material encountered in excavations is the same, either in character, location , or elevation, as shown on the boring logs . It shall be the responsibility of the bidder to make such subsurface investigations , as he deems necessary to determine the nature of the material to be excavated. The Contractor assumes all responsibility for interpretation of these records and for making and maintaining the required excavation and of doing other work affected by the geology of the site. The cost of all rock removal and other associated appurtenances , if required , shall be included in the linear foot bid price of the pipe . 02/09/2010 SC-48 PART D -SPECIAL CONDITIONS D-58 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, City Project No (CPN)., 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, City Project Number, the date of the interruption of service , the period the interruption will take place , the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number. A sample of the temporary water service interruption notification is attached . A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector.. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made . 0-59 TRAFFIC BUTTONS The removal and replacement of traffic buttons is the responsibility of the contractor and shall be considered a subsidiary item. In the event that the contractor prefers for the Signals , Signs and Markings Division (SSMD) of the Transportation/Public Works Department to install the markings, the contractor shall contact SSMD at (817) 392-8770 and shall reimburse SSMD for all costs incurred, both labor and material. No additional compensation shall be made to the contractor for this reimbursement. 02/09/2010 SC-49 PART D -SPECIAL CONDITIONS D-60 SANITARY SEWER SERVICE CLEANOUTS Whenever a sanitary sewer service line is installed or replaced, the Contractor shall install a two- way service cleanout as shown in the attached detail. Cleanouts are to be installed out of high traffic areas such as driveways, streets, sidewalks, etc. whenever possible . When it is not possible, the cleanout stack and cap shall be cast iron . Payment for all work and materials necessary for the installation of the two-way service cleanout which are required to provide a complete and functional sanitary sewer cleanout shall be included in the price bid for Sanitary Sewer Service Cleanouts. D-61 TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6-inches of compacted flex base . The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth rideability on the street as well as provide a smooth transition between the existing pavement and the temporary repair . Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized . The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement. D-62 CONSTRUCTION STAKES The City, through its Surveyor or agent, will provide to the Cont ractor 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 . 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 . D-63 EASEMENTS AND PERMITS The performance of th is contract requires certain temporary construction, right-of-entry agreements, and/or permits to perform work on private property . The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities , such as sewer lines or 02/09/2010 SC-50 PART D -SPECIAL CONDITIONS manholes . For locations where the City was unable to obtain the easement or right-of-entry , it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property . This shall be subsidiary to the contract. The agreements, which the City has obtained , are available to the Contractor for review by contacting the consultant who distributes the plans for the project. 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 C6-6.1 O of the General Contract Documents . The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements , by the property owners . The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required . No additional payment will be allowed for this item . The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for thoroughly reviewing , understanding and complying with all provisions of such permits , including obtaining the requisite insurance, and shall pay any and all costs associated with or required by the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. For railroad permits , any and all railroad insurance costs and any other incidental costs necessary to meet the conditions associated with permit(s) compliance, including payment for flagmen , shall be included in the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way". No additional compensation shall be allowed on this pay item . D-64 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date , and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. D-65 WAGE RA TES Compliance w ith and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates . The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage 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 . ·02109/2010 SC-51 PART D -SPECIAL CONDITIONS This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258 .023 . Complaints of Violations and City Determination of Good Cause . On receipt of information , including a complaint by a worker, concerning an alleged violation of 2258 .023 , Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination , before the 31st day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevail ing 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 (Artic le 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 arb itration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained . The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City . The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates . With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code . Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section.) (Attached) 0210912010 SC-52 PART D -SPECIAL CONDITIONS D-66 REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE A It is the intent of the City of Fort Worth to comply with the requirements of the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subpart M. This specification will establish procedures to be used by all Excavators in the removal and disposal of asbestos cement pipe (ACP) in compliance with · NESHAP. Nothing in this specification shall be construed to void any provision of a contract or other law, ordinance , regulation or policy whose requirements are more st ringent. B. ACP is defined under NESHAP as a Category II , non-friable material in its intact state but which may become friable upon removal , demolition and/or disposal. Consequently , if the removal/ disposal process renders the ACP friable, it is regulated under the disposal requirements of 40 CFR 61 .150. A NESHAP notification must be filed with the Texas Department of Health. The notification must be filed at least ten days prior to removal of the material. If it remains in its non -friable state , as defined by the NESHAP , it can be disposed as a conventional construction waste . The Environmental Protection Agency (EPA) defines friable as material , when dry, which may be crumbled, pulverized or reduced to powder by hand pressures . C. The Generator of the hazardous material is responsible for the identification and proper handling, transportation, and disposal of the material. Therefore , it is the policy of the City of Fort Worth that the Excavator is the Generator regardless of whether the pipe is friable or not. D. It is the intent of the City of Fort Worth that all ACP shall be removed in such careful and prudent manner that it remains intact and does not become friable . The Excavator is responsible to employ those means , methods, techniques and sequences to ensure this result. E. Compliance with all aspects of worker safety and health regulations including but not limited to the OSHA Asbestos Standard is the responsibility of the Excavator. The City of Fort Worth assumes no responsibility for compliance programs , which are the responsibility of the Excavator. (Copy of forms attached) F. The removal and disposal of ACP shall be subsidiary to the cost of installing the new pipe unless otherwise stated or indicated on the project plans or contract documents . D-67 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 Construct ion Activity). The contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the 02/09/2010 · SC-53 PART D -SPECIAL CONDITIONS permit can be obtained through the Internet at http://www.tnrcc.state .tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs . The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres, the contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the contractor moving on site and shall include the required $100 application fee. The NOi shall be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOi shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site . Copies of the project SWPPP's are available for viewing at the office of the Consultant disbursing the plans for the project. 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. 02/09/2010 SC-54 PART D -SPECIAL CONDITIONS LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES : A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee . A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities . The SWPPP shall be incorporated into in the contract documents . The contractor shall submit a schedule for implementation of the SWPPP . Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP . Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site . Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibi lity of the permittee , or, when another permitted operator assumes control over all areas of the site that have not been finally stab ilized . 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 Env ironmental Management at the address listed above . A SWPPP , prepared as described above, shall be implemented at least 48 hours before the commencement of construct ion activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents . The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include , but not be limited to, silt fences, straw bale dikes, rock berms , diversion dikes, interceptor swales , sediment traps and basins , pipe slope drain , inlet protection , stabilized construction entrances , seeding , sodding, mulching , soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retent ion of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. D-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project , the Contractor must coordinate this activity through the appropriate City representative . The Contractor shall not operate water line valves of existing water system . Failure to comp ly 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 . 0210912010 SC-55 PART D -SPECIAL CONDITIONS D-69 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-70 EARLY WARNING SYSTEM FOR CONSTRUCTION Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored . On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of 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 Water Department's Public Information Officer. 4. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Water Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals . 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract , the bonding company will be notified appropriately. 0210912010 SC-56 PART D -SPECIAL CONDITlONS 0-71 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the follow ing 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 cr itical 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 . 0-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS Contractor is required to secure a Street Use Permit , issued by the City of Fort Worth Transportation and Public Works Permit Center (817-392-6594) prior to any work in public right of way. Permit will not be issued without a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas . Failure to acquire the proper permit and permission may result in a fine of $500/day to the contractor performing the work . Payment by the contractor for all Street Use Permits shall be cons idered subsidiary to the contract cost and no additional compensation shall be made. END OF PART D -SPECIAL CONDITIONS 02/09/2010 SC-57 PART D -SPECIAL CONDITIONS (To be printed on Contractor's Letterhead) Date : CPN No .: Project Name : Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON WATER AND/ OR SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT< TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL 02/09/2010 SC-58 - 02/09/2010 PART D -SPECIAL CONDITIONS Date: ____ _ DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON _______ _ BETWEENTHEHOURSOF _______ AND ______ . IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALL: MR. AT _________ _ (CONTRACTORS S,UPERINTENDENT) (TELEPHONE NUMBER) OR MR. ___________ AT _________ _ (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, -----------' CONTRACTOR -----... ··--· -···-·· ·------- SC-59 PART D -SPECIAL CONDITIONS F TEXAS DEPARTMENT OF HEAi.TH l'tl DEMOLITION J RENOVAT£0N NOTIFICATION FORM ~ r NOTE~ CIRCLE ITEMS THAT ARE AMENDED 0 T D H NOTIFICATION# ________ _ ff ' n 1, 1) Abatement Contrector: _________________ TDH License Number:...__,,,.,.-___ _ Address:._. -'!"'----,.-,-------City: __ -________ Sta1e; _. __ _,Zip: __ _ Oflica Phone Numbar. ..._.__ ________ .Job Site Phone Number:. ___________ _ ~= ::~~; ;~ t::~ ~:;:~._.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-:._-:._-_-_-_-_-_-_-_-_-: Trained On-Site NESHAP lndMdual: _____ ...... _______ C.eni1ica!ion Dale:. ______ _ ocmolitio.n Oontractar: ____________ ottlce Phono Numb4lr..._. ___________ _ Addrt!$s: ______________ .Cily: ___________ .S h:t1e; ____ Zip;. ___ _ y 2) Proje:::t Consultant Dl Operator . ._· ______________ TOH License Number; ______ _ Mal lin9 Address:._·---~~----=-----==--=--::-:----:~-=--~-------- Cl T Clty: .. ________ s1ate: ____ _,2ip.,_· ___ -:Office Phone Number:..__....._ ____ _ 3) FecffityOwner. ...... ______________________________ _ H ~~ru~~·-----------------------------~---------------p Mailing Addtea$;, ___________ -=-----=---=:~-.,.,.-~~------- City: Slate: Zip: Owner Phone Numl>er,..t_.) ....... ..._ __ _ ~ ••Noto: Tho invoic.o for tho notllicatlon foa wlll bo sent to the owner ot the bu11cs1na ahd t.ho l>llll:tllJ addrcu for th1t invoice will be obtained ft'<lm tllo Jnf'otimtion that Js p1ovldod In this section. Cl N 4) Oescrlplion or F~cilityName:. ___________________________ _ e Pnysioal Address;._-___________ eo.unty: City: ______ Z.iP~ ....... --- s FacUi1y Phore Number Facility Contact Person: __ . -----------. H D"scrlption of ArealRaom N1,1mber; ________ ....,......,_'!"'-________________ _ A Prior Use: FufU(t) Us.e;;__ _____ ~-----..:'-~~-- p AgeofetJildins/Facility: ___ --'size~------'NumberofFJQQrs._· ____ Sehool {K·1.2): o YES t1 NO ::;., o o} Type of Work: Cl Demalition a Renovation (Abatcm4:nt) a Annual Cons,olidated T Work will brt during: 0 011y , O Evening IJ Night Phased PrtJjecl · 0 Oescrlption otwort< sct,edui~.,_· ---------------------------H "> . 6} Is this a Public Building? o YES O NO Federal Faclllty? 0 VI:$ C NO Industrial Si'te?' 0 YES ONO Cl NESHAP-On!y Facillty? Cl YES Ci NO IS Builditl(IJFacilily Occupied? t'.l YES O NO L 7) Nofifi'estion Type CHECK ONLY ONE V a Ori9lnal (10 Working Day&} O Cancellation D Amendment IJ Emergency/Ordered l 02(0912010 If this 1$ M .fll'nandment. wruch amendment number is this?_ (Enclose copy of orig lmal and/or la.st amendment) If an emergency, who did you talk with at TOH? Emergency#;. _____ _ Date and Hout (>f l:metl,flrtey (HHIMM/ODNY):,_ ___ ~-- D~iplion cf lha $Udden, unexpected eve.n1 end exptenetion of how the event caused unsafe conditions or Would cause equipment dame{le {computets. maehitlery. ale'----------------------- 8) ocsctiplion of procedures lo be foRO\\led In the event 1hat uncxpect12<1 a$bestos is round or previOU$.ly nOJ1-fri8ble asbestos. material becomes aumblod. pulverized. ar reduQ(ld to powder; ______________ _ 9) Was an Asbestos $UMY performed? t! YES o NO Date: I I TOH lnspectQr Li¢en$e No;. ____ ......... AnelY1ical . Melhod: lJ PLM o TEM Cl Assumed TOH Laboralo:ry Lk:er1$e No:-.----- (For TAHPA {public: building) prajecis: an assumption mus1. be made by a TOH Llcoosod lt1$p&ttor) . 10) OescriptZon of plenned d'errtolluon c:ir renovation work , w• of mate:ri81, and methotf(s) to be used""'· ------- 11) OiJsaiption of work practice$ ~nd en9ioeerio9 control$ 10 be used to prevent cmiasrons or asbesros .it the demolificn/renovec1ion :. ________________ __; ___________ _ SC-60 - PART D -SPECIAL CONDITIONS 12) AlL oppllcablc llcmis in tht following table must be complettd: IF NO AS8ESTO$ PRESENT CHECK HERE :J Ap,proxlrnate amoun1 of Clleck u11lt of measurement Asbestos-Containing Building Material Asbestos Typa t------...... ~-----1---,.--....--....,.....----.----1 RACf\.1 to ba removed RACM NOT removed Interior cate J non.friab!o removed Exttttior Caw o I non-friable removed Cateao I non~fria:ble NOT removoo Interior Cat o 11 non-&iable remO\'ed Exterior Cate · n non-friable removed Cet RACM Off-Facility Component Pipes Surface Area Ln .Lil SQ Ft '.M Ft 13) Waste Transporlet Name: _______________ TOH Lioense:Number. ____ _ Aadrcss! ___________ ·Cifo/: ______ ...,... ___ state: _Zip: .... --- ccntac.t Pel'$oo:. · .Phone Number: ..._....._ _______ _ 14) waste Disposal Sile Name:·-------.,,---------------.,.------Address ;._~....,...-----........... -----C.ity: ________ state: ___ Zip: ___ _ T&tephone: { ) TNRCC Permit NI.Imber: ______ _ 15) For strvctut'8Uy uns~und facllltle.s, attach a copy of demot1tion order and x:lentify Govemmen'lal Officlel below: Name: Registration No: ___________ _ Title ·.....,.--,...,.~~~------,..--. Date of order (MMIODJYY} I J Date order to begin {MMIODJYY) ___ 1 __ 1.....__ 16) Sc~duled Detes of Asbestos Abatement (MMIDDJYY) Start: __ ..:.l_....,_1 __ CDmpleie; _ _,_1_....,1_ 17) Seheduled Dates Demolition!Renovafioo (MM/ODNY) Start J J Complete; ___ , ___ , ___ _ .. Not•t If the start date an this notiflc.ai.li>n C$1\ n.ot bo mlill, ttw TOH Regional or Local Program office Must he contacted by phone prior to th• start date •. Failure to de> 110 Is a vlolaUon Ill accotd#nct to TAHPA. ~ion 295.:61. I hereby oer1ify that en information I have prO\lldcd Is ccrncct complete, and 11\Je to the best ofmy knowledge. I acknowledge that I em <espons i t>le for all aspects or u. nDlification form, including, but not limftlog, -0ontent and submission dales. Tho maximum penally is $10,.000 per day per violation. · (Signature of ~ildiog Owner/ Operator or Oelegated Consun.anVContmctot} MAIL TO: (Pflntcd Name) {Dale} AS9£STOS NOTIFICATION SECTION TOXIC SUBSTANCES CONTROL Df\/lSION TEXAS OEPAATMENT OF HEALTH PO BOX 143538 AUSTIN, TX 7$714-3536 PH: 512-334-6600. 1-S00-572-5~8 (Telephone) (Fax Number) Form APB#5, dated 071291()'1. Replaces TDH form dato<J 07/13/01. For a!Ssistanr:e in c;ompleting form, ca/11-800-512·5548 02/09/2010 SC-61 PART D -SPECIAL CONDITIONS '·"--,"" ~~ -. ' ~· -. -~ .. <;ity of Fort Wqrth --~, ""F' .. t <. .. Highway (Heavy) Constili'c'tion .•. Prevailing Wage Rates For· 2008.,.. •. :-,::r -Classifications Air Tool Operator Asphalt Raker Asohalt Shove:!er Asohalt Distributor 0.oer.uor Asr:>hall f>avina Machine O;oerator Satohing Plant W~her Sroom o:r Sweeoer Ooera1or SuUdC!Zer Operator C.aroenter fRouoh) Comrete Finisher-?a.vino Concrete Finisher ~structures Con-cre!e Pavin,a Curbino Mach. O.oer; Conerete Pavlna Finishina Mach, Ooer. ConCl\&!e ?aving Joint Sealer Oper. Concrete Palf.nn Saw Ooer. Concrete ?avi~ Spre.der Oper. Concrete Rubber Crane, Clamshell. Backhoe, Oe.rrick, DragfinE. ShGVel. Electrician Flaggcer Form Builder-Suuctures Form Seifer-Paving & Curbs Foundaiion Drill Operafcr, Crawlu Mounted Foundawn Drill onerator Truck Mounted Fronf End loader laborer-Common laborer-UtIHiy Mechanie Milfirrg Machine Operator. r-Jne Gr.ule Mixer Ocerafor Motor Gr/ider Operalor (Fine Grade) Mo!or Grader Ooerafor, Rouah Oile.r ?ain'ler, Structures; ?a.veme:nt f..tlrklno Ma.chine Qo;;r. Pi::>e.laver Rolle.r. Steel Whel Plant-II.fix Pavements Ro.Iler, Stel Wheel Othe,r Flatwheel or TamDrna Rorler, Pneumatic. Self-?ro.-lle.d Scrao11r Reinfcm:ino Steel Setter t?a:vinn\ R.einforcina Steel Set:er IStruclurel Source is AGC on exa.s (Hwy, Hvy, Utiliiies Industrial Branch) wv,·.,.·.access.gpogovldavisballOnl 02/0912010 " .. ··''-,-.,r'"'-Hourly Rates Classifications $10.1)~ Scraper Operator $13.9'.l Servicer ss.eo Slio Form Machine Ooerator $13.(!.J Soreader Box Ooerator $12.78 Tractor oper.1tor. Cra•Nlet Type $14.15 Trcactor ope-s.itor, Pneumatii: SG..28 Travefina Mixer Ooera!or ${3.22 Truck Driver-Single Axle (Linh!) s12.e.o Truck Driver-Sino~ Axle (Heavv, $1.2.85 Truck Drivet~ Tandem Axle Semi-Trailer $13.27 Truck Drive,-LowbovJFloat $12.00 TrJck Driiltr· Transit Mix Wagon DriD. Boring Machine. F<>s! Hole S13.e3 Driller $12.00 Welde,r $13.~ Work Zone S,urioade Servicer Sl4.Y.l $10.61 $14.12 SUU2 SB.<4-3 $11.63 $11.S3 $13J}7 s1ts.ao $'12.62 S9.t8 $10.65 $16.W $11.83 $11.58 $15.20 $14.&I $13.17 $10.04 $ 1.1.04 $l1.213 $10.9'2 $11.07 St4.ea $t6.2;J SC-62 ,., .. i.,j ., !' ' Hrlv Rts $11.42 $12.32 $12.33 $10.92 $1.2.60 $12.91 $12.03 $10.Qt $'i1.47 $11.75 SR93 $12.08 S14.00 $13.57 $10.09 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 10123/08 PART DA -ADDITIONAL SPECIAL CONDITIONS OMIT ................................................................................................................................. 4 0 -MIT ................................................................................................................................. 4 OMIT ...... : ............................................................................................................................. 4 OMIT ........................................................................................................................... 4 OMIT 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"" ... 12 OMIT .......................................................................................................................... 12 OMIT .......................................................................................................................... 12 OMIT .......................................................................................................................... 12 O·MIT ........................................................................................................................... 12 OMIT ............................................................................................................................ 12 ASC-3 DA-1 OMIT DA-2 OMIT DA-3 OMIT DA-4 OMIT DA-5 OMIT DA-6 OMIT DA-7 OMIT DA-8 OMIT DA-9 OMIT DA-10 OMIT DA-11 OMIT DA-12 OMIT DA-13 OMIT DA-14 OMIT DA-15 OMIT DA-16 OMIT DA-17 OMIT DA-18 OMIT DA-19 OMIT DA-20 OMIT DA-21 OMIT DA-22 OMIT DA-23 OMIT DA-24 OMIT DA-25 OMIT 10123108 PART DA -ADDITIONAL SPECIAL CONDITIONS ASC-4 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-26 OMIT DA-27 OMIT DA-28 OMIT DA-29 OMIT DA-30 OMIT DA-31 OMIT DA-32 OMIT DA-33 OMIT DA-34 OMIT DA-35 OMIT DA-36 OMIT DA-37 OMIT DA-38 OMIT DA-39 ROCK RIPRAP -GROUT-FILTER FABRIC A. GENERAL: 1. General Conditions, Supplemental Conditions , applicable requirements of Division 1 - General Requirements and the North Central Texas Council of Governments (NCTCOG) Standard Specifications, are hereby made a part of this section . 2. This item shall govern for the installation of rock riprap of the various sizes shown on the plans. B. DESIGN CRITERIA: 10123108 1. The toe of the riprap revetment shall be entrenched in stable channel bottoms. If the channel bottom is not stable, the design shall incorporate other requirements needed to stabilize the revetment toe. 2. The channel side slope shall be as shown on the drawings. 3. Engineering filter fabric material shall be placed underneath the riprap. 4. Riprap shall extend up the bank to an elevation where vegetation will provide adequate protection . See cross sections. ASC-5 PART DA -ADDITIONAL SPECIAL CONDITIONS C. PRODUCT: 1. RIPRAP MATERIAL: Stone for riprap shall be durable and of a suitable quality to insure permanence in the structure. It shall be free from cra.cks, seams and other defects that would tend to increase deterioration. Rock shall be reasonably well graded between the following prescribed limits: 24· Riprap 1a· Riprap Sieve Size (Square Mesh) 24inch 18inch 12 inch 6inch Sieve Size (Square Mesh) 18 inch 12 inch 6inch 3inch Percent Passing 100 80-90 45-55 0-20 Percent Passing 100 60-85 15-45 0-15 2. RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid cubic foot (min.) calculated from the bulk: specific gravity (saturated surface dry). 3. FILTER FABRIC BLANKET: Approved Manufacturer: • Supac -Heavy Grade BNP (UV) • Trevira 011/2.80 • Amoco 4553 • or Equal Heavy Grade 4. RIPRAP GROUTING a. FINE AGGREGATE : Fine aggregate for grouting mix shall consist of natural sand, manufactured sand, or a combination of natural and manufactured sands. The grading and uniformity of the fine aggregate shall conform to the following requirements as delivered to the mixers: Sieve Designation, U.S. Standard Square Mesh 3/8 in. (9 .5 mm) No. 4 (4.75 mm) No. 8 (2.36 mm) No. 16 (1.18 mm) No. 30 (600 um) No. 50 (300 um) No. 100 (150 um) D. EXECUTION : 1012310a ASC-6 Permissible Limits Percent by Weight Passing 100 95 -100 80-95 55-75 30-60 12-30 2-10 10/23108 PART DA -ADDITIONAL SPECIAL CONDITIONS 1. CONSTRUCTION: a. The channel side slope and the toe excavation shall be prepared to the required lines and grades. b. Filter fabric and riprap shall be placed in succession to the required thicknesses and elevations. Riprap shall be hand placed around structures to prevent damage to the structures. 2. INSTALLATION OF THE FILTER FABRIC (GEOTEXTILE): The geotextile shall be placed in the manner and at the locations shown on the drawings. At the time of installation, the geotextile shall be rejected lf it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or storage. The surface to receive the geotextile shall be prepared to a relatively smooth condition free of obstructions, depressions, debris, and soft or low density pockets of material Erosion features such as rills, gullies, etc. must be graded out of the surface before geotextile placement The geotextile shall be placed with the long dimension perpendicular to the centerline of the channel and laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 24~inches of overlap for each joint. Temporary pinning of the textile to help hold it in place until the rock riprap is placed. The temporary pins shall be removed as the riprap is placed to relieve high tensile stress which may occur during placement of material an the geotextile. The specified placement procedure requires that the length of the geotextile be greater than the actual slope length. The Contractor shall adjust the actual length of the geotextile used based on initial installation experience. The geotextile shall be protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any geotextile damaged during its installation or during placement of riprap shall be replaced by the Contractor at no cost to the Owner. The work shall be scheduled so that the covering of the geotextile with a layer of the specified material is accomplished within seven (7) calendar days after placement of the geotextile. Failure ta comply shall require replacement of geotextile. The geotextile shall be protected from damage prior to and during the placement of rock riprap. Before placement of gabion units, the Contractor shall demonstrate that the placement technique will prevent damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile. 3. RIPRAP PLACEMENT: Stone far riprap shall be placed on the filter fabric blanket in such a manner as to produce a reasonably well graded mass of rock with the minimum practicable percentage of voids and shall be constructed within the specified tolerance to the lines and grades shown on the drawings . Then intent of these specifications is to require placement of riprap to the thickness shown and to allow isolated stones to extend as much as six inches above grade. Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the fabric. The larger stones shall be well distributed and the entire mass of stones in their final position shall conform to the gradation specified hereinbefore . The finished riprap shall be free from objectionable packets of small stones and clusters of larger stones. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry or other source, by ASC-7 PART DA-ADDITIONAL SPECIAL CONDITIONS controlled dumping of successive loads during final placing , or by other methods of placement which will produce the specified results . Rearranging of individual stones , by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone specified above. The Contractor shall maintain the riprap protection until accepted. Any material displaced by any cause shall be replaced at his erosion to the lines and grades shown on the Drawings . 4 . GROUT PLACEMENT: Grout shall be composed of cement, water and air-entraining admixture and sand mixed in the proportions of 1 part of Portland cement to 3 parts of sand, sufficient water to produce a workable mixture, and that amount of admixture which will entrain sufficient air to produce durable grout, as determined by the ENGINEER. Sand far grouting shall conform ta the requirements of paragraph : FINE AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for concrete except that the time of mixing shall be increased to that necessary ta produce a mixture having a consistency such as to permit gravity flaw into the interstices of the riprap with the help of limited spading and brooming . The grout shall be used in the work within a period of one (1} hour after mixing . Retempering of ground will not be permitted. Riprap shall not be grouted when the ambient temperature is below 35 degree F. or above 95 degrees F. unless approved by the ENGINEER in writing; nor when the grout, without special protection, is likely to be subjected to freezing temperatures before final set has occurred. Prior to grouting, all surfaces of riprap shall be wetted . The riprap shall be grouted in successive longitudinal strips , approximately 1 Q feet in width, commencing at the lowest strip and working up the slope . Grout shall be brought to the place of final deposit by approved means , and in no case will grout be permitted to flow on the rip rapped surface a distance in excess of 10 feet. Immediately after dumping the batch of grout, it shall be distributed over the surface of the strip by the use of brooms and the grout worked into place between stones with suitable spades, trowels, or vibrating equipment. As a final operation, the grout shall be removed from the top surfaces of the upper stones and from pockets and depressions in the surface of the stone protection . After completion of any strip as specified, no workman or any load shall be permitted on the grouted surface for a period of at least 24 hours. The grouted surface shall be protected from rain, flowing water, and mechanical injury. The surface of all grouted riprap shall be cured by keeping the surface continuously wet for a period of not less than 7 days. E. MEASUREMENT AND PAYMENT 10123/08 1. FILTER FABRIC: Filter fabric will be measured by the square yard for material used including that required at toes and thickened edges of riprap . Payment for filter fabric will be made at the contract unit price per square yard which includes all plant , labor, material, and all installation costs in-place, complete . 2. STONE RIPRAP : Stone (rock) riprap will be measured by the cubic yard using actual plan dimensions. Payment for riprap will be made at the contract unit price per cubic yard which includes all plant, labor, material, and installation costs in-place, complete. 3. GROUT: Grout for rock riprap will be measured by the square yard using actual plan dimensions. Payment for grout will be made at the contract unit price per square yard which includes all plant, labor, material , and installation costs in-place, complete . ASC-8 DA-40 OMIT DA-41 OMIT DA-42 OMIT DA-43 OMIT DA-44 OMIT DA-45 OMIT DA-46 OMIT DA-47 OMIT DA-48 OMIT DA-49 OMIT DA-50 OMIT PART DA -ADDITIONAL SPECIAL CONDITIONS DA-51 CONNECTION TO EXISTING STRUCTURES All connections between proposed and existing facilities shall consist of a watertight seal. Concrete used in the connection shall be Cla.ss A (3000 psi) concrete and meet the requirements of Section E1-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM-Nek or approved equal shall be installed around penetrating pipe. Payment for such work as connecting ta existing facilities including all labor, tools, equipment, and material necessary ta complete the work shall be included in the linear foot price of the appropriate pipe BID ITEM . DA-52 OMIT DA-53 OMIT DA-54 OMIT DA-55 OMIT DA-56 OMIT DA-57 OMIT DA-58 OMIT DA-59 OMIT DA-60 OMIT 10123/08 ASC-9 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-61 OMIT DA-62 OMIT DA-63 OMIT DA-64 OMIT DA-65 OMIT DA-66 OMIT DA-67 OMIT DA-68 OMIT DA-69 OMIT DA-70 OMIT DA-71 OMIT DA-72 OMIT DA-73 OMIT DA-74 OMIT DA-75 OMIT DA-76 OMIT DA-77 OMIT DA-78 OMIT DA-79 OMIT DA-80 OMIT DA-81 OMIT DA-82 OMIT DA-83 OMIT DA-84 OMIT DA-85 OMIT 10/23108 ASC-10 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-86 OMIT DA-87 OMIT DA-88 OMIT DA-89 OMIT DA-90 OMIT DA-91 OMIT DA-92 OMIT DA-93 OMIT DA-94 OMIT DA-95 OMIT DA-96 OMIT DA-97 OMIT DA-98 OMIT DA-99 OMIT DA-100 DA-101 DA-102 DA-103 DA-104 DA-105 DA-106 DA-107 DA-108 DA-109 DA-110 10123/08 OMIT OMIT OMIT OMIT OMIT OMIT OMIT. OMIT OMIT OMIT OMIT ASC-11 PART DA -ADDITIONAL SPECIAL CONDITIONS DA-111 OMIT DA-112 OMIT DA-113 OMIT DA-114 OMIT DA-115 OMIT DA-116 OMIT DA-117 OMIT DA-118 OMIT DA-119 OMIT 10123/08 ASC-12 SECTION E SPECIFICATIONS JANUARY 1, 1978 All materials, construction methods and procedures used in this project shall conform to Sections EI, E2, and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet). Sections El, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX EI MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981, follow: El-2.4 Backfill: (Correct minimum compaction requirement to 95% Procter density and correct P.I. values as follows:) c. Additional backfill requirements when approved for use in streets: 1. Type B Backfill (c) Maximum plastic index (PI) shall be 8 2 . Type C Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by wetting (b) Material, meeting requirement and having a PI of 9 or more shall be considered for use only with mechanical compaction E2-2.11 Trench Backfill: (Correct minimum compaction requirement wherever it appears, in this section to 95% Procter density except for paragraph a.I. where the "95% modified Procter density" shall remain unchanged). El00-4 WATERTIGHT MANHOLE INSERTS. SECTION E100-MA1ERIAL SPECIFICATIONS MATERIAL STANDARD El00-4 JANUARY 1, 1978 (ADDED 5/13/90) El00-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the. Fort Worth sanitary sewer collection system. E 100-4.2 MATERIALS AND DESIGN: a. The manhole insert shall be of corrosion-proof high density polyethelene that meets or exceeds the requirements of AS1M D1248, Category 5, Type III. b. The minimum thickness of the manhole insert shall be 1/8". c. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprenerubberandmeetthe requirement of ASlM D 1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1 wide woven polypropalene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. e. The manhole insert shall have one or more vent holes or valves to release gasses and allow water inflow at a rate no greater than 10 gallons per 24 hours. El00-4.3 INSTALLATION: a. The manhole frame shall be cleaned of all dirt and debris before placing the manhole insert on the rim. b. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. ElOO (1) - City of Fort Worth, Texas Mayor and Council Communication ' COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RA TES SUBJECT: REFERENCE NO.: **G-16190 Adopt 2008 Prevailing Wage Rates for City-Awarded Public-Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City-awarded public works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of Builders and Contractors (ABC) and the American Sub-Contractors Association (ASA), conducts a wage rate survey for North Texas construction . The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (8476) A. Douglas Rademaker (6157) Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RA TES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Caroenter Concrete Finisher Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Pavin11: Finishin.e; Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell , Backhoe, Derrick, Dragline, Shovel Operator Electrician Fla!!e:er Form Builder/Setter, Structures Form Setter , Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pioelayer ReinforcinJ!; Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy-Float Truck Driver Single Axle, Heavy Truck Driver Single Axle, Light Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill, Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10.06 $13.99 $12.78 $11.01 $ 8 .80 $14.15 $ 9.88 $13.22 $12 .80 $12 .85 $13.27 $12.00 $13.63 $12.50 $13.56 $14.50 $10.61 $14.12 $18.12 $ 8.43 $11.63 $11.83 $13.67 $16.30 $12.62 $ 9.18 $10.65 $16.97 $11.83 $11.58 $15 .20 $14 .50 $14 .98 $13.17 $10.04 $11.04 $14.86 $16.29 $11.07 $10.92 $11.28 $11.42 $12.32 $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $10.91 $11.75 $12 .08 $14.00 $13 .57 $10.09 Classification AC Mechanic AC Mechan ic Helper Acoustical Ceiling Mechanic Bricklaver/Stone Mason Brlcklaver /Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electric ian (Journeyman) Electrician Heloer Electronic Technici an Electronic Technici an Helper Floor Laver (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pi pefitter Pipefitter Helper Plasterer Pl asterer Heloer 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $21 .69 Plumber $12 .00 Plumber Heloer $15 .24 Re inforcim1 Steel Setter $19 .12 Roofer $10 .10 Roofer Helper $16.23 Sheet Metal Worker $11 .91 Sheet Metal Worker Helper $13.49 Sorinkler Svstem Installer $13 .12 Sprinkler Svstem Installer Helper $14.62 Steel Worker Structural $10.91 Concrete Pumo Crane , Clamsheel , Backhoe, Derrick, D'Line $13.00 Shovel $9.00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20 .00 $13.00 $18.00 $13.00 $14.78 $11.25 $10.27 $13.18 $16.10 $14.83 $8 .00 $18.85 $12 .83 $17 .25 $12.25 Hrly Rate $20.43 $14.90 $10 .00 $14.00 $10.00 $16 .96 $12.31 $18.00 $9 .00 $17 .43 $20.50 $17.76 $12 .63 $10.50 $14 . 91 $16 .06 $9.75 - - 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 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. (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. SECTION 6 -TECHNICAL SPECIFICATION NO ITEMS TIDS SECTION SECTION 7 -CONTRACTS, BONDS, AND INSURANCE 7.1 CERTIFICATE OF INSURANCE 7.2 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW 7.3 CONFLICT OF INTEREST QUESTIONAIRE . 7.4 PERFORMANCE BOND 7.5 PAYMENTBOND 7.6 MAINTENANCE BOND 7.7 CITY OF FORT WORTH CONTRACT POLICY NUMBER: CLP3562547 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL JNSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifi es lrisurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who rs An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused, in whole or in part, by : 1. Your acts or omissio ns; or 2. The acts or omissions of th (ose acting on your behalf; in the performance of your on~oing operations for the additional insured(s) at the project(s) designated In the written contract B. W ith respect to the insurance :afforded to these additional i nsureds , the following additional exclusions apply: This insurance does not apply to '!bod ily Injury" or "property damage" occurring after: 1. All wo rk , including materials, parts or equipment furnished in connection with such work, on the project (other th an service, mai ntenance or repairs) to be performed by or on behalf of the additional lnsured(s) at the locati on of the covered operations has been completed; or 2. Tha i portion of "your work," oul of which the lnjury or damage arises has been put to its intended use by any perso:n or organiz:ation other than another contrac::tor or subc::onlractor engaged In perform ing oper..ations for a principal as a part of the same project. This irisura nce Is excess of all ott~er insurance available to the additional insured, whether primary, excess, contingent or on any other basis , unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a NamP:..d In s ured in the Declarations and we will not require contribution from such in surance if the written contract also requires that th is Insurance be non-contributory. But w ith resp ec t to all other insumnce under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-4667 (01/11) Includes Copyright ed MatE?rial of Insurance Services Office With Its Permis sio n POLICY NUMBER: CLP3562547 THIS ENDORSEMENT CHAMGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -EMGINEERS, ARCHITECTS OR SURVEYORS T his endo rs ement modifies insurance provided under the follo wing : COMMERCIAL GENERAL LIABILl l'.Y COVERAGE PAR T A . Section II -Who Is An lnsure:d Is amended to include as an additional insured any architect, engineer or surveyor w ho is requ.ired by written contrac t to be an additional insured on your policy, but only with respect to li a bility for "bodily injury", "property damage " or "personal and advertising injury'' caus ed, in whole or in part; by: 1. Your ac ts or omissions; or 2. The acts or om iss ions of th 0se acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf . This includes such architect, engineer or surveyor, who may not be en gaged by you, but is contrac tually req uired to be added as an additional insured to your policy. EL With respect to the in sura nce ;afforded to these additional Insureds, the following additional exclusion applies: This insurance does not ap ply to "bodily injury", "property damage " or "p ersonal and advertising in jury" arisi ng ou( of th e r end ering of or the failure to ren der any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports , surveys, change orders, des igns or specifications: or 2. Sup ervisory , inspection or engi ne ering services . This in s urance is excess of all other ' insurance available to the additional insured, whether primary, excess, cont ingen t or on any other basis, unl es s the written contract requires this insurance to be primary. In tha t event, th is in su rance will be primary relative to insurance policy(s) which designate lhe ad d itio nal insured as a Named lnsured ;in the Declarations and we will not requi re contribution from such insurance if the written contract also requires that th is insurance be non-contributory . But w ith res pect to all other ins uran ce und er w hich the act.i ition al insured qualifies as an insured or additional insured, th is insurance will be excess . GL-4668 (01/11) Includes Copyrighted Mattirial of Insurance Services Office With Its Permission POLICY NUMBER: CLP3562547 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement mod ifies insurance provided und er the following : COMMERC IAL GENERAL LIABILITY COVERAGE PART Section II -Who Is An Insured is amended to include as an additional insured any person or organiza tion who is required by written contract to be an additional insured on your policy for completed operations , but only with respect to liab ility for "bodily injury" or "property damage" caus ed, in whole or in part, by "your work" at the project designated in th e contract , perfo rme d for that additional insured and included in the "products-compl e ted operatio ns hazard". This insurance is excess of all other insurance available to the add itional in sured, whether primary , excess, contingent or on any otl1er basis , unless th e written contract requires this insurance to be primary . In that event, this insurance will be primary relative to insurance policy(s) which designate the. additio nal insured as a Named Insured in t he Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contri butory. But wit h respect to all other insurance under which the additio nal insured q ua lifies as an insured or additiona l insured , th is insurance wi ll be excess. GL-4665 (01 /11) Includes Copyrighted Ma terial of Insurance Services Office With Its Perm ission POLI CY NU MBER : C LP3 56 2547 THIS ENDORS E MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTILITY CONT RAC T OR S EXTE ND ED LIA BI LI T Y COVER A G E T his endorsement modifies insurance provided unde r the fol low ing: CO MME RCIA L GE NERAL LI AB ILITY COVERAGE FORM I\ is agreed that the prov isions listed below app ly o nly upo n t he en t ry IJQ in the box nex t to the captio n of of such prov ision. A. [TI Partners hip and J oint Vent ure Extensio n B . IT] Contracto rs Automatic Additio na l In s ure d Coverage C. [I] Automatic Waiver of Subroga tion D. [[] Extended Notice of Cancellat ion, Nonre newa l E. [[) Unin tentional Failure to Disclose Haza rds F. [JJ Broadened Mob il e Equipment G. [JJ Perso na l Injury -Cont ractual Cove rage H. [TI Nonemp loyment Discriminat io n A. PARTN ERSHIP AND JOINT VENTURE EXTENSION I. [TI Li quo r Li abil ity J. [[] B ro ade ned Co nditions K. [[] Au tomatic Addi tional Insureds -Equi p me nt Leases L. D Insured Cont ract Extension - R ail road Prope rt y a nd C ons tru ction Contrac ts M. [TI Co nstru ctio n Projec t Ge nera l Agg regate Li mits N . IT] Fe llow Em p loyee Covera g e 0. IT] Property D amage to the Named ln sured's Work P . lJJ C are, C ustody o r Con tro l T he following provis ion is added to SECTION II· WHO IS AN INSURED: Th e last fu ll paragraph which reads as fo ll ows: No person o r o rganization is a n insure d wi t h respect to the co nduc t of an y cur rent or past part nership, jo int ve nture or limited liab i lity company t ha t is no t s hown as a Named Insu red i n the Declaratio ns. is del eted and replaced with t he followi ng: With respec t to the conduct of any past or presen t joint ven ture o r pa rtnership not s hown as a Named Insu red in the Dec la rations and o f w hi ch y o u a re or we re a pariner or m em ber, you, and o th ers identified in items 1.a., 1.b., and 1.c., subjec t to t he cond itions and li mitations con tained there in , are insureds, but only w ith respect to liabi lity arising out of 'you r work' o n behalf o1 any partnersh ip or joi nt ventu re no t s hown as a Named Ins ured in the Declarations, prov ided no ot her si mil ar liab ility insurance is avai lab le to you fo r "yo ur work" in con nection wi th your int eres t in suc h part n ersh ip or join t venture. A partne rship or joint venture, not shown as a Named Insured in th e Dec larat ions, of which you have 33% or more ownership in terest at the time of "bod il y injury " o r "property damage" caused by an "occurrence" o r "persona l and adve rtising in ju ry " ca used by a n offe nse, is an insu red, provided t hat no other sim ila r liabil ity insurance is avai lable t o tha t partne rs hip or join t venture. GL-3085 (01/06) -1- POLICY NUMBER CLP3562547 B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE SECTION II· WHO IS AN INSURED is amended to include: Any "owner", "contractor", "construction manager', "e ngineer" or "archi t ect" if it is required in your written cont ract or written agreement executed by you and all other pa rt ies to the contract or agree me nt prior to any los s th at such person(s) or o rgani za tion(s) be add ed as a n add itional insured on yo ur poli cy bu t o nly for the project des igna ted in your written contract or wri tt en agree ment and on ly with respect to "bodily injury," 'prope rty damage " o r "personal and advertising injury " caused, at leas t in part, by your negligence and w ith respect to liab ilit y resu lting from: A. Your ongoing operations fo r the add itio nal insured (s}, or B. Acts or omissions of the additional insured(s) in connection with their general s upeNision of s uch operntio ns. With respect to the insurance afforded such additional insu reds pursuant to th is endorsemen t and the above referenced General Liabi lity Form, the fo llo wing addi t io nal pro v isio ns ap ply to lim it that cove rage: 1. We wil l have no duty to defend th e add itional in s ur ed agains t any "su it" seeking damag es for "bod il y injury," "prope rty damage" or "pe rso nal and advertising in jury,' unti l we receive written not ice from th e additional insured requesting that we defend it in th e "suit.· 2. T he Limits of Insurance applicable to the additional insureds unde r this endorsem en t are the minimum limits specified in the w ritte n cont ract or ag reeme nt requiring th is cov e rag e , or as state d in SECTION Ill -LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM , whichever is le ss. T hese Limit s of In surance are inclusive of a nd no t in addition to the Limit s of Insurance described in SECTION Ill of tha t fo rm . 3 . As additiona l condit ions of coverage u nde r thi s for m, an additional insured under this endorsement will as soo n as praciicab le: a. Give w ritte n notice to us of an "occu rre nce " or a n offense wh ich may result in a claim. T his sha ll in cl ud e: (1) H ow, when and where the "occu rr ence" or oifense took pla ce ; (2) The names and ad dres ses of any injured persons and wi t nesses; a nd (3) The nature and locat io n of any inju ry o r damage arising out o f t he "occu rr ence" or offense. b . Give written no tice to us of a claim or "suit' bro ugh t aga inst tl,e add itiona l ins ured inclu ding speci f ics of the c laim or "suit" and th e date it was rece ived. c. Give written notice of s uch claim o r "suit," in cluding a demand for de fe nse and in demni ty, to any o the r in s urer who had coverage for the c laim or "suit" under its polic y(i es), ei tt1 er a t th e tim e of, or at any time subsequent to the occurrence of the "bodi ly injury," "property damage" a nd/or the offense causing the "perso nal and advert ising inj ury," which is the basis for suc h claims or "suit'. (1) Suc h notification mus t demand the full cove rage av ailab le unde r t hat policy; and (2) The additiona l insured s ha!I not take any action to waive or limit such othe r cove rage avai lab le to it. GL-3085 (01/06) -2- POLICY NU MB ER: C LP 3562547 4. This insurance does no t app ly to: a. "Bodily injury" 'property damage" or "personal an d adver tising injury" occurring after: ("1) All work on t he projec t (o t her than service, maintenance, or repairs) to be perfo rmed by you or on you r behalf fo r the additio nal insured(s) has bee n comp leted; or {2 ) That portion of "your work" out of w h ich the in j ury or damage arises has been put to its intended use by any person or organiza ti on othe r th an another contrac tor or subcon trac to r engaged in performi ng operations fo r a pri ncipa l as a part of the same pro j ect. b . "Bodi ly inj ury' "prope rty damage' or "perso nal and adve rti sin g in j ury" resulti ng f rom any act o r om ission of the additiona l insured(s) or any of thei r employees, other than the genera l supervision of work pe rformed for the addit ional insured(s) by yo u . c . "Bodily injury" "property damage" or "pe rsonal and advertising in j ury" resul ting from work pe rfo rmed on a projec t where ot her va lid and collect ible insurance is availab le to the add itiona l insured under an Ow ner Control led Insurance Program or Consolidated (wrap-up) Insurance Prog ram . d . 'B odily injury," "p rope rty damage' or "perso nal an d adve rt ising in j u ry": (1) Ar is ing o ut of the rendering or failure t o rende r any pro fessio nal se rvices by any ins u red, o r on their behalf , but only with respect to eithe r or both of the fo llowing operations; (a) Prov iding eng ineering , architectura l or s urvey ing services to o thers in t he insured's capacity as an eng ineer, architec t or surveyor, and (b ) Prov iding, or hi rin g ind e penden t profess iona ls t o provide, enginee ring, architectural or surveying services in connect ion with work the insured perfo rms . (2) Subject to para graph (3) below, professional services incl ude: (a) T he preparing, approv ing or failing to p repare or a p prove maps, shop drawin gs, op inions, reports, surveys, field o rde rs , change orders , or drawings and specifications ; and (b) Supervisory o r inspecti on activ ities performed as pa rt of any rela ted archite~tura l. o r engineering activ it ies, but does not include t he general s uperv isio n o f your opera tions on such project. (3) Professional services do no t inc lude services wi t hin cons truction means , me t hods, tec hn iques, seq uences and procedures employed by you in connection with you r opera t ions as a const ruc t ion cont ractor. Fo r the purpose of th is endorsemen t , t he fol lowing def init ions are added: 'Own e r" means a person or organization who has ow ne rship in the project pre mises, designa te d in you r written contract o r writte n agreement, at which you are performing opera t ions. "Contracto r" means a person or organization w ith whom you have agreed in a written con t ract or written agreement to perform ope rations for at the p rojec t designated in t he written contract or written agree m en t. "Construction Ma nage r" means a pe rson or o rganizat ion designated as "cons truction manag er' in you r written contract or written agreement, and h as management or supervisory responsib ili t ies over you r opera tions for the project designated in your wri tt e n contrac t or written agreemen t. G L-3085 (01/06) -3 - POLICY NUMBER: CLP3562547 "Engi nee r' means a pe rs on or organization who has been engaged by the "owner", "con tr acto r' or "co ns truction ma nager" to perform engineering services for the project designated in your written contract o r writte n agreeme nt and has a contractual responsibility for supervis ing, dire cting or controlling your opera t ions o n such proj e ct. "Ar chitec t" means a person or organization who ha s bee n en gaged by the 'owner", "contractor' or "const ru cti on manager" to per form archi tectura l services for th e project designated in your w ritt en co nt rac i or wri11en ag re eme nt and has a con tra ctual responsibi lity for supervising , di rec ting or controlling your opera tio ns on suc h pro ject. Any coverage provided herein will be excess over any other valid and collectable insurance avai lable to the additiona l ins ured(s) wheth er p rimary, excess, conting e nt or on any other basis unless you ha ve agreed in a writt e n contract o r wr itt en agreeme nt execu t ed prior to any loss that this insuranc e will be primary. Howeve r, any other insura nce specific ally purchased for a designated project(s ), incl udin g but no t limit e d to additio nal insure d c ov era ge, owne rs co ntracto rs protecti ve coverage, etc., will be primary with the insuranc e provide d by th is e ndo rs e men t being excess . If thi s insu rance is determin ed to be primary, we agree no t to seek cont ribution from such other ins ura nce on ly if you have so ag reed in the written co ntract or w ritt en agreement. C. AUTOMATIC WAIVER OF SUBROGATION It em 8. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS , is de leted and rep laced with the follow in g: 8 . Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the in sured has rig hts to recove r a ll or part of any payme n t we have m ad e und er t his Coverage Form, t hose righ ts are transferred to us . Th e in s ured must do nothing after los s to imp air tl1ose ri ghts. At our reques t , the insured w ill bring "s uit" or tra nsfe r th ose rights to us and hel p us e nf orc e the m . b. If req uired by a written contract exec uted prior t o loss , we wa ive a ny right of recovery we m ay have ag ainst any pe rson o r org aniz ation because of payments we ma l<e for injury or da m age arising out of "your work' for t ha t pers o n or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Ite m A.2.b. o f the COMMON POLICY CONDITIONS , is d eleted and rep la ced w it h the followin g: A.2.b . 60 days be fore the effect ive da te of th e cancellati o n if we cancel for any oth e r reason. It em 9. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and re placed w it h the foll owing: 9. WHEN WE DO NOT RENEW a. If we choose to nonrene w this po licy, w e w ill mail or de li ver to th e fir st Named Insured shown in th e Dec lara ti ons w r itt en notice of t he no nre ne wal no t less than 60 days befo re the expiratio n d at e . b. If we do not g ive no ti ce of o ur int e nt to nonrenew as p re scribe d in a. above, it is ag reed that you m ay extend the period of th is policy fo r a maximum addi tional s ix ty(60) d ays from its scheduled expi ra ti on d ate . Wh ere not o th erw ise prohibited by law, th e existi ng term s, conditions a nd ra te s wi ll remain in effect during t ha t exte nsi on period. It is furthe r ag reed that so long as it is not othe rw ise proh ib ited by law , t his one 1ime sixty day extension is the sole remedy and liquida ted damages ava il ab le to th e insu red as a result of our failure to g ive the notice as pr esc rib ed in 9. a. above. GL -3085 (0 1/06) -4- POLICY NUMB ER CLP3562547 E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your rep resentations as to ex isting and past hazards, if uninte nt iona lly you should fail to disc lose al l such hazards a l the in ceptio n date of your pol icy , we will not deny coverage under this Coverage Fo rm because of such failure. F. BR OADEN ED MOBILE EQ UIPMENT It em 12.b. of SECTION V -DEFINITIONS, is deleted and re p laced w ith the follow ing: 12.b. Vehicles maintained for use so le ly on or next to prem ises, s ite s or loca tions you own, rent or occupy . G. PERS ONAL INJURY -CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOY MENT DISCRI MINATION Unl ess "pe rs ona l and advertising injury" is excluded from this policy : It e m 14. of SECTION V -DEFINITIONS, is amended to include: "Persona l and advertising in jury" also means embarrassment o r humiliat ion , mental o r emotional distress, physical ill ness , physical impairment, loss of earn ing capacity or mone tary loss, which is caused by "d iscri mination." SECTION V -DEFI NIT IONS , is amended to inc lude: 23. "Di scr iminati on" means the un lawful treatment of indiv iduals based on race, color, ethnic orig in, age, gender or religion. Item 2 . Exclusions of SECTION I, COVERAGE B, is amended to include: 'Pe rsonal and adve1iising injury" aris ing ou t of 'discrimination" directly or indirect ly rela ted to the past employment, emp loyment or prospective employment of any person or class of persons by any insured; "Personal and advert ising injury" arising out of "discrimin ation" by o r at your, your agents or your "employees" direction or wi th your, your agents o r your "emp loyees" knowledge or con sent; "Persona l and advertising injury " arisi ng out of "discrimination" direcily or indirec tl y relat ed to the sale, rental, lease or s ub -lease or prospective sale, renta l, lease o r sub-lease of any dwelling, permanen t lodging or prem ises by or at the direction of any insured; or Fi nes, penalties, specif ic performance or injunctions levied o r imposed by a governmental entity, o r governmental code, law, or sta tu te because of "d iscri min ation." · I. LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A, is deleted J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV -CO MME RCIAL GENERAL LIABILITY CONDITIONS , are de leted and replaced with the following: GL-3005 (01/06) -5 - PO LI CY NUMBER C LP 35625 47 2. Du t ies In Th e Ev ent Of Occurrence, Off ense , Cla im Or Suit: a. You must see to it t hat we a re notified of an "occu rrence" o r an offense which may resul t in a cla im as soon as pract icable after t he "occ urre nce" has been re ported to you, one o f your officers or an "employee" designa ted to g ive notice to us . Notice s hould include: (1) How, w hen a nd where the "occu rr e nce " o r off ense took place : (2) Tl1e na m es and addresses of any inj ured pe rsons and w itnesses; and (3) Tt 1e natu re a nd locat ion o f any injury o r damage arising ou t o f t he "occ ur rence' or offe nse. b. If a claim is made o r 'suit" is bro ught against any insu red, yo u must: (1) Record the specifics of the c la im or "su it" an d the da t e received as soon as yo u, one of your officers, or an ''employee' designa ted to record such information is not if ied of it; and (2 ) Noti fy us in wri t ing as soon as pract icab le aft er you , o ne of yo u r office rs, yo ur lega l departme nt o r an 'emp loyee" you des igna te to give us s u ch not ice learns of th e claims or "s u it." Item 2 .e. is added to SECTION IV -CO M MERCIAL GENERAL LIABILITY CONDITIONS: 2 .e. Ii you repo rt an 'occurrence" to your workers compensa tio n in sure r wh ich deve lo ps into a liab ility claim for which coverage is prov ided by the Coverage Form, failu re to report such "o cc urre nce" to us at the time of 'occurrence" shal l not be deemed in v io la ti on of pa rag raphs 2.a., 2.b ., and 2.c . Howeve r, you sha ll g ive wr itt e n no ti ce of this "oc c urre nce" to us as soon c1s you a re made c1ware o f the fact that this "occurrenc e" may be a liab il ity cla im ra ther tha n a worke rs compensation claim. K. AU T O M ATIC ADDITIONAL INSUREDS· EQUIPMENT LEASES SECT IO N JI -WHO IS AN I NSURED is amended to inclu de a ny pe rson o r organ iza ti on w ith whom yo u agree in a writ t en equipment le ase or renta l agreeme nt to name as an additional ins ured w ith respect to lia bi lity for "bo dily injury ", "p roperty damage" or "perso nal and advertis ing in j ury " caused , at least in pa rt, by your maintenance, operation , or us e by you of the equip me nt leased to you by such person or or·ga nization, sub ject to the fo llowing add itio n al exc lu s io ns. The insu rance prov ided to the additional ins ured does not apply to: 1. "Bodily injury " or "property damage" occurring afte r yo u cease leasing th e equipme nt. 2 . "Bodi ly injury" or "property damage" arising out oi t he sole negligence of the addit iona l insured. 3. "Property da mage " to: a. Prop e rty owned, us ed or occupied by o r rented to the additio nal i nsu red; o r b. Pro pe rty in the care, c ustody o r control of the additional insured o r over which the additional insured is for any pu rpose exercis ing physical cont rol. GL-3085 (01/06) -6- POLICY NUMB ER: CLP356254 7 L. INSURED CONTRACT EXTENSION -RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V -DEFINITIONS , is delete d and re pl aced with t he fo llowing . 9 . "I nsu red Contrac t" means: a . A contract fo r a le ase of premises . H o wev er, that portio n of the contract for a lease of pre mises t hat indemnifies any pe rso n or o rg a niz at ion for damage by lire to p remi ses while rented to yo u or te mp ora rily occ upi ed by y o u with pe rmi ssio n of th e owner is not an 'i ns ured contract": b. A side trac k agreemen t; c. Any ease ment o r lice nse ag reemen t; d. An obligat ion, as required by ordinance , to indemn ify a muni cip ality, exce pt in connection with work for a m uni c ipal ity ; e. An e levator ma in tena nce agreemen t; f. Th at part of a ny other contra c t or agreeme nt pe rt ai ning to y o ur business (includ i ng an inde m nif ica ti o n o f a mun icipa li ty in connection with work perfo rm ed for a mun icip a li ty) u nde r which you assume the tort liabi lit y of another pa rt y to pay fo r 'bodi ly injury " o r "property damage" to a th ird person o r organ iz ation pro vided the 'bodily in j ury" or "property damage" is caused , in who le or in par t, by you or tho se acting o n your behal f. Tort liabili ty mea ns a li ab ili ty tha t would be imposed by law in th e absence of any con tract or ag reement Paragraph f. does not include t ha t pa rt o f any cont ract or agree men t: (1) Th at indemnifies a n arc hitec t, e n gi neer or surveyor for in ju ry or d amage arising out of : (a) Preparing, approving, or fa ilin g to prepare o r a pp rove , maps, shop draw ings, op ini ons , repo rts, s urv eys, field o rders, change orders or drawings and speci fications ; o r (b) Giv ing directions or in s tru ction s , o r fa iling to g iv e them , if that is the primary cause of t he injury or dam age ; or (2) U nder which t he in sured, if an a rch itec1, engineer or surveyo r, assumes liabi lity for an inj ury or damage a ri s ing ou t of th e ins ured's rendering or failu re to ren de r p rofessional serv ices, includi ng th ose liste d i n ( 1) above and supe rvisory, inspectio n , a rch itectural or eng ine er ing ac tivities. M. CONSTRUCTION PROJ E CT GENERAL AGGREGATE LIMITS T his modifies SECTION Ill· LIMITS OF INSURANCE . A. For all sums wh ich ca n be att ributed o nly to o ngoing operations at a single cons truc tio n pro ject for w hic h the insured becomes legal ly ob li gated to pay as damages caused by an "occurrenc e" under SECTION I -COVERAGE A , and f or al l medical expenses caused by acc id ent s under SECTION I - COVERAGE C : 1. A separate Constructio n Project Genera l Aggregate Lim it applies to each construc tion pro j ect, an d that limit is equal to the amount of lhe General Aggregate Limit s hown in th e D eclarati o ns . GL -3085 (01/06) -7- POLICY NUMBER : CLP3562547 2. Th e Construct ion Pro ject Genera l Agg reg ate Limit is the mos t we wil l pay for the sum of a ll d amages und er COVERAGE A , except damages beca use of "bodily inj ury " or "prope rty damage" included in the "products-co mple ted operations hazard," and lo r medica l expenses un der COVERAGE C regard less o/ th e numb er of : a. Insureds; b. Claims made or "suits" brough t; o r c . Persons or organizat ions making clai ms or bringing "suits." 3. Any payments made under COVERAGE A for damages or und er COVERAGE C for medical expenses shall reduce the Construction Pro ject General Aggregate Limit for that co nstru ctio n project Such payments s hall not reduce the General Aggregate Limit s hown i n the Declarations n or shall th ey reduce a ny other Const ruction Pro jec t G eneral Agg rega te Limi t for any other const ruct io n pro ject. 4. Th e li mi ts shown in th e Dec la rations fo r Each O ccur rence, Fire Damage and Med ical Expense con tinue to apply. However, inst ea d of be ing subject to the Genera l Aggregate Limit shown in the Dec la rat io ns, suc h limits will be subject to the applicable Constructi on Pro jec t Genera l Aggregat e Limit. B . For al l sums which cannot be attri b uted only to ongoi ng operations at a sing le cons1 ruction project fo r which the insured becomes lega ll y ob li ga ted t o pay as damages caused by an "o ccur rence" under SECTION I • COVERAGE A, and fo r al l med ical expenses caused by accidents under SECTION I· COVERAGE C : 1. Any payments made under COVERAGE A fo r damages or un de r COVERAGE C fo r me dic a l expenses shall reduce Hie amoun t ava ilable unde r the General Aggrega te Li mit or the Products- Comp leted Operations Aggregate L im it, w hich ever is applicab le; and 2. Such paymen ts s hall not reduce any Cons tru c t ion Project Genera l Aggregate Lim it. C. Paym en ts to r damages because o f "bodi ly injury' or "property damage" inc luded in the "products- comp le ted opera ti o ns hazard" wi ll reduce t he Products -Co mpleted Ope rati ons Aggregate Limit, and not reduce th e Genera l Aggrega te Limi t nor t he Cons1ruction Proj ect Ge neral Aggregate Limi t. D. If a construction project has been abando ned, de lay ed, o r abandoned and the n restarted, or if the autho rized contracti ng parties dev ia1e f rom plans. blueprints, design s, spec ifica ti ons or timetab les, the proj ec t will st ill be dee med 1o be t he same co ns tru ct ion project. E. The provis ions of SECTION Ill -LI MITS OF INSURANCE not otherwise modified by th is endorsement shall conli nu EJ to be app li ca ble. N. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is de leted and rep laced with the followin g: 2.e. "Bo d il y injury" to (1) An "e mploye e " o f the in sured aris ing out of and in t he course of: (a) Employment by the insured; or (b) Perform ing dut ie s r·el at ed to til e co nd uc t of th e insu red's bus ines s ; or GL -3085 (01 /06) -8 - POLIC Y NUMBER: CLP3562547 (2) T he spouse , child, pare nt, broth e r or sister of th at "employee" as a consequence o f paragraph (1) above . T his excl usion applies: (1) Whether the insured may be liable as an employer or in any othe r capacity; and (2) T o any obligat ion io share damages with or repay someone else wl10 must pay damages because of the injury. T his exc lusion does not app ly to: (1) Liab ility assumed by th e insured unde r an "in sured contract"; or (2) Liabi lity arising from any act ion or omission of a co-"employee" while that co-"employee" is e ith e r in the course of his or he r em ployme nt or perfo rmin g du ties related to the conduct o f your bus iness. It em 2.a. {1){a} of SECTION II -WHO IS AN INSURED , is deleted and replaced with th e fo ll ow in g: 2.a. (1}(a} To you, to your pariners or members (i f you a re a pa rt ne rs hip o r jo in t v enture) or to your membe rs (i f you are a limited liability company), or to your "vo lu nteer workers" while performing du ti es rela te cl to the co nd uct of your business. 0. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A . is del e ted and replaced w ith the fol lowing: I. Damage to Your Work "Property damage" to "your work" arisi ng out of it or any part of it and included in th e 'p roducts co m pleted operation hazard." T hi s exclusion ap plies on ly to t ha t portion of any loss in excess of $50,000 per occu rrence if the damaged work and the wo rk out of w hi ch the damage ar ises was performed by you. T his exclus ion does n ot app ly if t he damaged work or the work out of w l1ic h the damage arises was performed on your behalf by a s u bcontrac tor. P. CARE, CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I, COVERAGE A. is de leted and replace d w it h the fo ll owing: 2.j.4 Personal property in the care, custody or contro l of the insu red. H oweve r, fo r persona l property in the care , c us tody o r contro l of you or your "emp loyees," this excl us ion app lie s on ly to tha t po rt ion of any loss in excess of $25,000 per occurrence, subject to the following terms and cond itio ns ; (a) The most th at we wi ll pay und er this provision as an annua l aggregate is $100,000, rega rdless of the number of occurre nces. (b) Th is provisio n does no t app ly to "emp loyee" ownecl p rope rty or any prope rt y that is miss ing where there is not phys ica l evidence to show what happened to t he prope rty. (c) The aggregate limit fo r this coverage provision is pa rt o f the General Aggregate Limit and SECTION Ill -LIMITS OF INSURANCE i s cha nged accordingly. GL-3085 (01/06) -9 - POLICY NUMBER: CLP3562547 (d) In the event of damage lo or destruct ion of property covered by this excep tion, you shall , if requested by us, replace the properly or furnish t he labor and materials nec essa ry for repairs the reto , a l actual cost to you, exclusive of prospective profit or overhead charges of any natu re. (e ) $2 ,500 shall be deducted from the tota l amount of all sums you became obligated to pay as damages on account of damage to or destructio n o f all property of each person or organization, inc lu di ng th e loss of use of that property, as a res u lt of each "occurrence." Our limit of lia b ility under the endorsement as being applicable to each "occurrence" shal l be reduced by the amount of the deductible indicated above ; however, our aggregnte limit of liability under th is provision shal l not be reduced by the amount of s uch deductib le. The conditions of the po licy, including those with res pect to duties in the event of "occurrence,' claims or "suit" apply irrespect ive of th e application of the deductib le amount. We may pay any part or all of the deductible amount to effect settlement of any cla im or "suit " and, upon n ot if ication of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. GL-3085 (01 /06) -10- PO LI CY NUMB E R CAP3562548 CO MM ERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES T HE PO LI CY . PLEASE REA D IT CAREF ULL Y. TEXAS ADD ITIONAL INSURED Th is e nd orsemen t modifies insurance provid ed und er the fol lo w ing : BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTO R CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respec t to coverage provided by this endo rs eme nt , the prov isions of the Coverage Form apply un less modified by the endorse ment. This endorsement changes the policy effective on the inception date of the pol icy unless a nother date is ind ica te d be- low. Endorsement Effec tive: 11/29/11-11/29/12 Cou n tersigned By: Named Insure d: WRIGHT CONSTRUCTION CO INC . . . (Au tho rized Representative) S CH EDU LE Name and Ad dress of Add itiona l Insured: Any per-so n or organization for whom the insured has agreed by lffitten contract to des i gnate as an additional insured subject to all the provisions and limitations of this policy . (If no en try appears above, inf o rm at ion req uire d to co mp le te th is e ndorsemen t wil l be s how n in the Declarations as applicable to th is endorse ment.) A . Who Is An In su re d (Section II ) is amended to in clude as an "insured" the person(s) or organization(s) shown in the Schedu le , but on ly with respect to their legal liability for acts or omissions of a person for whom Li a bil ity Covernge is affo rded unde r th is pol - icy . 8 . The addi tiona l insured named in the Schedu le or Dec la rations is not required to pay for any prem iums stated in the policy or ea rn ed from th e po licy. Any return pre mi um and any dividend, if ap plicab le, de - clared by us shall be paid to you. C. You are authorized to act fo r the additional insure d named in the Schedu le or Dec lara tions in all matters pertaining to this insuran ce. D. We wi ll mail the additional insured named in the Schedule or Declarat ions notice of any cancellat ion of this policy. If we cance l , we will give 10 days no- tice to the additiona l insu re d. E. T he additional insured named in the Schedu le or Dec larations will re ta in any right of recovery as a claimant under this po licy. CA 04 03 0 6 0 4 © ISO Propert ies, Inc., 2003 Pa g e 1 of 1 POLICY NUMBER CAP3562548 COMMERCIAL AUTO CA 20 89 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Thi s endo rseme nt modi fi es insurance provided under the follo wing: BUSINESS AUTO COVERAGE FORM BU S INESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respec t to coverage provided by this endorseme nt, the provisions of the Coverage Form apply unless modified by the e nd orsement. This endorsemen t changes the pol icy effective o n the inc eption da te of th e pol icy un less a no ther date is indicated be- low. Endorsement Effective: 11/29/11 -11 /29/12 Coun ters igned By : Named Ins ured; WR IGHT CONSTR UCTION CO , INC. (Authorized Representative) SCHEDULE Name Of Person{s) Or Otganization(s): Any person or organization for whom the named insure d is operating under 1•1ritte n contract when such contrac t requires a wa i ver of subrogation . Additional Premium I$ Includ ed (If no en try appears above, information required to comple te this endorsemen t will be shown in th e Declarati ons as app licable to this endorsement.) The T ransfer Of Righ ts Of Recovery Against Others To Us Condition does not apply to th e pe rson(s) o r organizat ion(s) s hown in the Schedule. We w ill retain the additional premium shown above, regardless of any early termination of th is e ndorseme nt or tt1e policy. CA 20 09 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANC E POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 42 0304A (Ed. 1-00) Th is endorseme nt appl ies only to the insurance provided by th e policy because Texas is shown in Item 3.A. of the Infor- mation Page. We have the right to recover our payments from anyo ne liabl e fo r an inj uty covered by th is policy. We w ill not enfo rce our righ t against lh e person or orga ni zation nam ed in th e Schedul e, but this wa ive r appl ies on ly wit h respec t to bodily injury arising out of the operat ions described in th e Schedule where you are re qu ired by a written contract to obtain this wa iv er fr om us . This endo rsemen t shal l no t opera te di rectly or indirectly to benefi t anyone no t named in the Schedule. Th e prem ium for l his endorse men t is shown in the Schedule . Schedule 1. ( )S pecific Waiver Name of pe rson or organization ( X )B lanket Wa iver Any person or organ ization for whom the Named In su red has agreed by written contrac t to fu rnis h this waiver . 2. Operations: 3 . Prem ium : Inc 1 . T he premium charge for th is endorsement shall be V RS percent of the premiu m developed on payro ll in connection with work performed fo r the ab ove person(s) or organization(s) arising ou t of the ope ra tions desc ribe d. 4. Advance Pr em ium Inc l . Th is e ndors ement changes the policy t o which it is attached and is effective o n the date issued unless otherwise stated . (The information below Is required only wh en this endorsement is isslled subsequent to preparation of the policy.) End orsem ent Effec ti ve 11 /29/11-11 /29/12Po licy No. WC3562549 Endo rs ement No . Insured Premium $ WR IGHT CONSTRUCTION CO., INC . Insurance Company Co unt ersigned by ------------------- BITUMINOUS CASUAL TY CORP. WC 42 03 04 A (Ed. 1-00) Hort Forms & Service , Reo1der No. 14·C253 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 insu rance coverag e for all of its employees employed on C ity of Fort Worth Project No. O;t 71 ~ 1 • STATE OF TEXAS COUNTY OF TARRANT § § § o., Inc . Date : 10/10/2011 Before me , the undersigned authority , on th is day persona ll y appeared Lemoine Wright , known to me to be the pe rson whose name is subscribed to the forego ing instrument, and acknowledged to me that he executed the same as the act and deed of President/ Wright Construction Co ., Inc for the purposes and conside ration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this _!Q_ day of October , 20_1_1 _ J Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF TARRANT Bond No. TXC92520 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS : That we , (1) Wright Construction Co., Inc. as Principal herein, and (2) Merchants Bonding Company (Mutual), a corporation organized under the laws of the State of (3) Iowa, and who is authorized to issue surety bonds in the State of Texas , Surety herein , are held and firmly bound unto the City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein , in the sum of EIGHT HUNDRED AND EIGHTY TWO THOUSAND ONE HUNDRED AND EIGHTY NINE DOLLARS AND TEN CENTS {$882,189.10) for the payment of which sum we bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents. WHEREAS , Principal has entered into a certain written contract with the Obligee dated the 20th day of September , 2011 a copy of which is attached hereto and made a part hereof for all purposes , for the construction of: Sanitary Sewer Extension for Walsh Ranch Phase lC NOW, THEREFORE, the condition of this obligation is such , if the said Principal shall faithfully perform the work in accordance with the plans , specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default , and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default , then this obligation shall be void ; otherwise , to remain in full force and effect. PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute , to the same extent as if it were copied at length herein. IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this --'-1 _=-.;otc..;_h __ day of October 2011 , -· ATT~~ ~rincipal) Secretary (SEAL) Witness as to Pnncipal Wright Construction Co ., Inc. PRINCIPAL Address: 601 W. Wall Street Grapevine , Texas 76051 Merchants Bonding Company (Mutual) SUR~}') j..J)_ By~ ~(s _S - Name: Casey Hege ~ -, -.. ATIEST: Secretary (SEAL) Attorney in Fact , -· -· .. Address : _----------=-- c/o Box Insurance Agency ., . - 1200 S Main Street, Suite 1600 Grapevine, TX 76051 Witness as to Surety Telephone Number: 817-481-3529 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 origina l copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT Bond No. TXC92520 PAYMENT BOND § § § KNOW ALL BY THESE PRESENTS : That we, (1), WRIGHT CONSTRUCTION CO., INC. as Principal herein, and (2) Merchants Bonding Company {Mutual}, a corporation organized and existing under the laws of the State of (3) Iowa , 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 EIGHT HUNDRED AND EIGHTY TWO THOUSAND ONE HUNDRED AND EIGHTY NINE DOLLARS AND TEN CENTS ($882,189.10) 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 20th day of September, 2010 , 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: Walsh Ranch Sanitary Sewer Extension Phase lC NOW, THEREFORE , THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253 , Texas Government Code , as amended) supplying labor or materials in the prosecution of the work under the contract , then this obligation shall be void ; otherwise , to remain in full force and effect. PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended , and all liabilities on this bond shall be determined in accordance with the provisions of said statute , to the same extent as if it were copied at length herein. IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this _1_ot_h ___ day of October ,20~. n::d 9--L (Principal) Secret'ary (SEAL) Witness as to Principal ATIEST: Wright Construction Co., Inc. PRINCIPAL Address: 601 W. Wall Street Grapevine, Texas 76051 Merchants Bonding Company (Mutual) SUR~&, By:~ Name: Casey Hege A ttomey in Fact "' ' ~ --. -':".. ~ ..,.I . -Secretary (SEAL) Address: ______ _,-..::--...:---:;;_ • ..r-= c/o Box Insurance Aaencv -~ ·, .·• 2' 1200 S Main Street, Su ite 1600 Grapevi ne, TX 76051 :....-.:::~ . .,... .............. Witness as to Surety Telephone Number: 817-481-3529 NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS : § § § Bond No. TXC92520 MAINTENANCE BOND That WRIGHT CONSTRUCTION CO., INC. ("Contractor"), as principal , and Merchants Bonding Company (Mutual) a corporation organized under the laws of the State of Iowa , ("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 EIGHT HUNDRED AND EIGHTY TWO THOUSAND ONE HUNDRED AND EIGHTY NINE DOLLARS AND TEN CENTS ($882,189.10), lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors , said Contractor and Surety do hereby bind themselves , their heirs , executors , administrators , assigns and successors , jointly and severally . This obligation is conditioned , however, that: WHEREAS , said Contractor has this day entered into a written Contract with the City of Fort Worth , dated the 20th of September, 2010 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements : Sanitary Sewer Extension FOR Walsh Ranch Phase 1 C the same being referred to herein and in said contract as the Work and being designated as project number(s) SEWER P275-703140171983 and said contract , including all of the specifications , conditions , addenda , change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and , WHEREAS , in said Contract , Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS , said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS , said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period , if in the opinion of the Director of the City of Fort Worth Department of Water it be necessary ; and, WHEREAS, sa id Contractor b inds itself, upon rece iving noti ce of the need therefore to repair or reconstruct sa id Work as herein prov ided. NOW THEREFORE, if said Contractor shall keep and perform its sa id agreement to maintain , repair or reconstruct said Work in accordance w ith all the terms and conditions of sa id Contract, these presents shall be null and void , and have no force or effect. Otherwise, this Bond sha ll be and remain in full force and effect, and the C ity shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this inst rument is executed in __ a __ counterparts, each of which shall be deemed an origina l, this 10tl day of October , A.O . 20_11 __ . ATIEST: ~ SEAL) ~ Secretary ATTEST: (SE AL) Secretary Wright Construction Co ., Inc. Contractor Merchants Bonding Company (Mutual) Surety ~:me•~'~- T itle : Attorney-In-Fact ,._ ._"(, ·. / -~ .. ;~ - . -- -'='> . --:-:--::: c/o Box Insurance Agency .. -~:: _J 1200 S Ma in Street , Su ite 1600 Grapevin~. TX. 76051 Address MERCHAN~ NATIONS~ BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. TXC92520 KNOW ALL PERSONS BY THESE PRESENTS : That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa , and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make , constitute and appoint Clydene Johnson, Dustin Parker, Kathy Sells and/or Casey Hege of Grapevine and State of Texas their true and lawful Attorney-in-Fact , with full power and authority hereby conferred in their name, place and stead , to sign, execute , acknowledge and deliver in their behalf as surety any and all bonds , undertakings , recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies , and all the acts of said Attorney-in-Fact, pursuant to the authority herein given , are hereby ratified and confirmed . This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16 , 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003 . "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance , or other suretyship obligations of the Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 28th day of October , 2010 . ....... ··~Dt,v•. •• 0 . .. .. . c;,•. : ~-·~\\POfi_,-. 0 .. :C/),.:~ ~··.o! : z1--o-o:.s:: : o·.. 2003 ,:1, : ·.~··. .-·~: •• J,;,·;.;·······~ •• ••• ,v 1:< " •• STATE OF IOWA COUNTY OF POLK ss. ······· •• ;;,,-c·o •• • • ~ fi:>, •....•.. '!If ,t) •• .·~.-~~PO//~-.~·. • . c:., 7_.4•, ...L• • ~:~ ff'• • !~:--o-c:-• • 4.',. 1933 .: ==: • ~-. c::-. ·. vj.. .-:..~: ·-.~JV'• .. ,•'\'\~.· .. ~ . ······· MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY ,,~7~ President On this 28th day of October , 2010 , before me appeared Larry Taylor, to me personally known , who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors . In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. &~4fa Notary Public, Polk County, Iowa I, William Warner, Jr., Secre~ary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY , do hereby certify that the above and foregoing 1s a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies which is still in full force and effect and has not been amended or revoked . ' In V'v1tness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of October , 2011 . ···~·o·,N·· • • 0 .. . .. . . G'"• : ~--~~POfi_,-. 0 .. : C/J.:~ ~--. 0 ! . . . . . . . .. ~~\~~ .. ~~~~-. :~.-~~P011/.-f;•. n/·// ·_ ~:::_ __ ,,~--- :~.-·~ ~· • ...L~ h""~ ~---=--, !~:--o-o:-• • ..s:··. 1933 : ~: Secretary • .,_. . c::-. ---"":"-- :z:--o-c::,: • . ·. :.s:: ". '?:.. 2003 :'1): • v··. ..·-4 • •• P';_; .... ···~.· • • •'V 'f:< }.. • • --~-. : -:-, . •• ~----~<:::::-. ······· ·.~IV· ..... ·\"··· • • -t. • ······· ~ , :NBC 0103 ..(JJ09) --, IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages , rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin , TX 78714-9104 Fax : (512)475-1771 Web: http ://www.tdi.state.tx .us E-mail: ConsumerProtection@tdi.state .tx .us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved , you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (7/07) THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the 20th day of September A.D., 2011 , by and between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton , Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and (Contracting Company Name here), ("Contractor") Owner and WRIGHT CONSTRUCTION CO., INC. Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties ." WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Sanitary Sewer Extension for Walsh Ranch Phase lC That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3 . The Contractor hereby agrees and binds himself to commence the construction of said work within ten (l 0) days after being notified in writing to do so by the Department of Water (Engineering) of the City of Fort Worth . 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 Calender days. If the Contractor should fail to complete the work as set forth in the Plans and Spec fi Documents within the time so stipulated , plus any additional time allowed as pr v· e · f:te r!lie,ne.1,av FT. WORTH, TX Conditions, there shall be deducted from any moni es du e or w hich may th ereafter become du e him, th e sum of $315 .00 P er workin g day, not as a penalty but as liquidated damages , the Contractor and hi s Surety shall be li able to the O wner for such d e ficien cy. 5. Should th e Contractor fail to b egin the work herein provided for within the time h erein 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 tl1e O wner shall have the right to either demand the surety to take over th e 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 d eem proper, and if in the completion thereof, the cost to th e said City shall exceed th e contract price or prices set forth in the sai d plans and spec ifications ma de a part he re of, the Contractor and/or its Surety shall p ay said City on demand in ·writing, setting forth and sp ecifying an itemized statem ent of th e total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engi neer and architect, and their p e rsonn e l at tl1 proj ect site for Contractor's sole neg ligence. In addition , Contractor co ve nants and agrees to ind e mnify, hold harmless and d efend , at its own expense, th e O w ner, its office rs , servants and e mployees, from and against any and all claims or suits for property loss , property damage, personal injury, including deatl1 , arising out of, or alleged to arise out of, th e work and services to be performed hereunder by Contractor, its officers , agents , employees , subcontractors, licensees or in vit ees, 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, ser,,ants, or employees. Contractor likewis e co ve nants and agrees to ind e mni fy and hold harmless the Own e r from and against any and all injuri es to O wner's officers , servants and employees and any damage, loss or destruction to property of the Owne r arising from the performance of any of the terms and conditions of this Contract, whether or not anr such iniun, or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, ser,,ants or employees .. In th e event O w ner rece iv es a written claim for damages against the Contractor or its subcontractors prior t o finaJ paym e nt , final paym ent shaJI not be mad e until Contractor either (a) submi ts to Owner satisfactory evidence that the claim has been settled and/or a releas e from the claimant invol ve d , or (b) provi des Owner with a letter from Contractor's liability insurance carrier that the claim has been referre d to the insurance carrier. The Director ma y, if h e deems it appropriate, refus e to accept bids on other City of Fort Worth public w ork from a Contractor against w hom a claim for damages is outstanding as a res ult of work perform ed und er a City Contract. 7 . Th e Contractor agrees , upon th e execution of this Contractor, and b efore b egi nning w ork , to mak e, execute and de li ve r to City of Fort Worth th e following bonds in the nam e of the City of Fort Worth in a sum equal to th e amount of th e Contract. The form of the bond shall b e as h erei n provided and th e surety must first be acceptable to th e require ments of the Chapter 2253 of the Texas Gove rnm en t Cod e, a Am e nd ed . A. If th e total contract price is $25 ,000 or less , payme nt to the contractor shall be mad e in one lump sum. Payment shall not be made for a period of 45 ca le ndar da ys fr e wor s been completed and accepted by th e Own er. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX B . If the contract amount is in excess of $25 ,000 , a Payment Bond shall be executed, in the amount of th e Contract, solely for th e protection of th claimants supplying labor and mat erial in th e prosecu ti on of the work . C If the Contract an10unt is in excess of $100 ,000 , a Pe rfo rmance Bond shall be exec uted, in th e amount of the Contract condition ed on the faithfu l p erformance of the work in accordance with th e Plan s, Sp ecificatio ns , and Contract Docu ments . Said bond shal l sol e ly be for the protection of th e O v.rner . D . A Two-year Maintenance Bond in the name of th e Own er is required for all proj ects t o insure the prompt, full and faithful p erformance of the general guarantee contained in the Contract Documents . 8 . The Owner ag rees and bind s itself to pay, and the Contractor agrees to receive, for all of the aforesai d work, and for all additions thereto or d eduction s therefrom , the price s hown on th e Proposal submitted by the successful bidder hereto attached and mad e a part hereof. Pa yme nt wi ll be mad e in monthl y installments upon actual wo rk completed b y contractor and accepted by the O wn e r and receipt of invoice from th e Contractor. The a greed upon total contract an10unt (including/excluding) alternates n/a , sha ll be EIGHT HUNDRED AND EIGHTY TWO THOUSAND ONE HUNDRED AND EIGHTY NINE DOLLARS AND TEN CENTS ($882,189 .10). 9 . It is further agree d that the pe_rformance of this Contract, either in whole or in part, shall not be sublet or assigned to an yo ne else by said Contractor without the written consent of th e Ov.rn er . An y request for an y subl ease or assignment shall b e made in ·wri ting and submitted to th e Director of th e Enginee ring Department . 10. The Contractor agrees to pay at least th e minimum wage p er hour for all labor as th e sam e is classifi ed, promulgated and set out b y the City of Fort Worth, T exas , a copy of which is attached h ereto and mad e a part hereof th e sam e as if it were copied verbatim he re in . 11. It is mutuall y agreed and understood that this agree ment is mad e and entered into by th e parti es h e reto with referenc es to the existin g Charter and Ordinances of th e City of Fort Worth and th e laws of th e State of T exas with refe renc es to and gove rning all matte rs affecting this Contract, and the Contractor agrees to full y comply with all th e provisions of th e same . IN WITNESS THEREOF, the City of Fort Worth has caused thi s in strum ent to b e sign ed in ~ counterparts in its nam e and on its b ehalf b y the City Manage r and attes ted b y its Secretary , wi th th e corporate seal of th e City of Fort Worth attach ed . The Contractor has executed this instrume nt through its dul y authorized officers in~ counte rparts with it s corporate seal attached . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ' Don e in Fort Worth, T exas, thi s th e ..2&_ day of 5e.0t.r<'~., '1,,0 .\ \ :~ DIRECTOR, DEPARTMENT OF WATER Wright Construction Co., Inc. 601 West Wall Grapevine, TX 76051 CON TRAC TOR Wright Construction Co., Inc. 601 West Wall Grapevine, TX 76051 ADDRE S S CITY OF FORT WORTH FERNANDO COSTA , ASST CITY MANAGER ATTEST : Wt,-k:-C -l-7 \ °3 \ 1-'Zv -l I APPROVE D AS T O FORM AN D LEGALITY : OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SECTION 8 -APPENDICIES A. EASEMENTS B. GEOTECHNICAL REPORT DOE #4159 SEWER LINE AND WATER RECLAMATION MAIN EASEMENT DATE: July 15, 2005. GRANTOR: Walsh Ranches Limited Partnership, a Texas limited partnership ("GRANTOR") GRANTOR'S MAILING ADDRESS (including County): c/o G. Malcolm Louden GRANTEE: The City of Fort Worth President, General Partner of Walsh Ranches Limited Partnership 500 W. ?1h Street, Suite 1007 P. 0. Unit27 Fort Worth, Texas 76102 Tarrant County GRANTEE'S MAILING ADDRESS (including County): c/o Real Property Management 1000 Throckmorton Street Fort Worth, Texas 76102 Tarrant County CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. EASEMENT AREA: See the attached and incorporated Exhibit "A", consisting of a two page metes and bounds (Field Notes) description, and a one page plat description. GRANTOR, for the consideration of the agreements and covenants contained in the GRANTOR and GRANTEE's Economic Development Agreement dated May 6, 2003 (City Secretary Contract No. 28585) and Facilities Agreement dated July 15, 2005, hereby grants, sells, and conveys to GRANTEE, its successors and assigns, a pennanent easement for the construction, operation, maintenance, replacement, upgrade, and repair of an underground Sewer Line and Water Reclamation Main Facility ("Facility") in, upon, under and across a fifty foot (50') wide strip of land (the "Easement") more fully described in Exhibit "A," attached and incorporated, together with the right and privilege at any and all times to enter the Easement, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing the personal property placed within the Facility. GRANTOR reserves the right to full use and enjoyment of the Easement subject · only to the rights herein granted, provided however that GRANTOR covenants and agrees it will not use the Easement in a manner that interferes with the operation, repair or maintenance of the Facility. This grant and conveyance is made subject to: (1) all recorded and unrecorded restrictions, encumbrances, easements, covenants and conditions, rights-of-way and prescriptive rights, reservations, surface agricultural and grazing leases, oil, gas or other exploration agreements and leases and other instruments or contractual rights or obligations that affect the Easement; (2) any rights of adjoining property owners in any fences situated on a common boundary. This grant is further subject to and controlled in all respects by the terms and provisions of the Economic Development Agreement and the Facilities Agreement referenced above between the parties. Copies of these agreements may be obtained at the offices of GRANTEE shown above. TO HA VE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and GRANTEE's successors and assigns forever. But it is distinctly understood and agreed that this conveyance is made and accepted without covenants or warranties of any kind, either express, implied, statutory or otherwise, including but not limited to the covenants set forth in TEX. PROP. CODE ANN. §5.023 (Vernon 2005). Executed to be effective as of the date first written above. THE STATE OF TEXAS § COUNTY OF TARRANT § WALSH RANCHES LIMITED PARTNERSHIP, A Texas Limited Partnership By: By: WALSH NORTH ST AR COMPANY, Its General Partner h~~- G.Malcolm~ This instrument was acknowledged before me on this fi&}l;day of !_, ~ , 2005, by G. Malcolm Louden, President of Walsh North Star Company, Gen ~al Per of Walsh Ranches Limited Partnership, a Texas limited partnership, on behalf of the partnership. Notary Publi~fTexas 2 EXHIBIT A EASEMENT DESCRIPTION SANITARY SEWER EASEMENT WALSH RANCHES LIMITED PARTNERSHIP AND GENERAL PARTNER WALSH NORTH STAR COMP ANY Walsh Ranch TS Job No . P202030156 May 19, 2004 Page 1 of3 "() oe~ If 1~1 Being a tr~t of land for an easement situated in the I. & G. N. R.R. Company Survey, Abstract Number 2004, Parker County and Tarrant County, Texas, also being a portion of that certain tract ofland described as the ''Marie Hildreth Cline Property'' as conveyed by deed from Mary D. Fleming Walsh and F. Howard Walsh to Walsh Ranches Limited · Partnership and General Partner named Walsh North Star _Company, in Volume 12624, Page 92,.Deed Records, Tarrant County, Texas (D.R. T~C.T.), and more particularly being a portion of that certain called 2,.994.S acres of land referred to as the NOR TH PART of the Hildreth Ranch as described in the Partition agreement _ recorded in Volume 1602, Page 118, D.R.T.C.T. (called Volume 1602, Page 418 in Volume 12624, Page 92, D.R.T.C.T.), and being further descn"bed by metes and bounds as follqws: Beginning at a 7 /8 inch smooth iron rod south of a stone found for a northeast comer of ·said Walsh Ranch tract and the northwest comer oftbat certain called 34.19 acre tract of land conveyed by deed to Lee M Bass, Trustee for the 820 Management Trust, in Volume 13824, Page 342, D.RT.C.T., said iron rod being an angle point of the south line of that certain_ tract of land conveyed by deed to Keith D. Lemons and wife, Pamela. J. Lemons in Volume 1552, Page 1381, Deed Records, Parker County, Texas (D .R.P.C.T) ' and being the northeast corner of said easement; Thence S 00° 43' 19'' E, along the common west line of said 34.19 acre Bass tract and an east _line of said Walsh Ranch tract, 867.32 feet to a 5/8 inch iron rod with cap stamped 'T.RANSYSTEMS CORPORATION' set for the south~ comer of said easement, from which the re-co~ southwest comer of S3_\d 34.19 acre Bass tract and an ell comer of said Walsh Ranch tract bears S 00° 43' 19" E, 384.82 feet and a 6 inch cedar post found on said common line bears S 00° 43' 19" E, 384.18 feet; Thence departing said common line and across said Walsh Ranch tract the following 2 courses and distances: · S 89° 37' 04" W, 50.00 f.eet to a 5/8 inch iron rod with cap stamped 'TRANSYSTEMS CORPORATION' set for the southwest comer of said easement; N 00° 43' 19'' W, 865.42 feet to a 5/8 inch iron rod with cap stamped 'TRANSYSTEMS CORPORATION' set on the common south line of said Lemons tract and a north line of said Walsh Ranch tract for the northwest comer of said easement, and from which a 5/8 incli iron rod found for. the southwest · comer of said ~ons tract and an interior comer of said Walsh Ranch tract bears s 87° 26' 23n W, 938.87 "feet•; , ·-r~·· . ,.. . f; :ftp }f'i ilf't4S Walsh Ranch TS Job No. P202030156 May 19, 2004 Page 2 of3 Thence N 87° 26' 23" E, along said common line, 50.03 feet to the point of beginning and containing 0.994 acre. ( 43, 319 square feet) ofland, more or l ess. That I, Joseph H. Peaster, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in March 2004 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set fortp by the Texas Board of Professional Land Surveying. / J . . . I -·-:, / ,~ .. oz·o4- Jo epli Feaster .Rmstered Professional Lai:ld Surveyor Texas Registration No. 4403 ': ,··.,-. •;.: .. ·,· · ... ,. -.,: . • '-.:.-r .\$ • .;,. ,. ,, . ,, ··:.;;. ···._ .;r-.,• ·: :·; ~t~ . ............ ' ..... '.~ ~ • ····~"~ ",ti-• . ,,.,. :--~ . . ~~""I-.' . . . ...~.>·· . . =i .;·,·, ' ' legend • • Uortor fCUfld ·os f'lthd' 0 •%'Iron rod w/o:,p st:/ P.0.8. • Po/rl Of 8f:f}itv1lfYJ ~ P. O.C. • Po/rl Of C(Jlfllrtefd/1/1 f · Property Um i · Svr-r.:y line !Pi. • c{ , p.Y..- D.R. T.C. T. • t:>e«J Rocuds, Torrort ~. Texas ~J '( f3 '2- D.R .P .C. T. • Deed R«:ords , Parker Ccun!y,Toxas 5 e;"f ,O · ff/ t<r;.);c;-r ,.. .,.,,-.i -rf".· J0';'3$ KEITH D. l.El/ONS MD WIFE.. f>AAl£U. J, /.El,(()1/S YOW!/£ 1552. PIBc 1381 D.R.P.C.T, />-"' N BT 26' z3• E SO.OJ' APPROX . SURl!EJ' _LJNE ·e~~::::=:~~===~~~ S BT2S'23"W 938.87' WAf.SH RANCHES WI/TED PARTNERSHIP ANO GENERAL PARTNER" WALSH NORTH STAR COMPANY VOL. 12624, PG. 92 D.R. r.c. T. DESCRIBED AS "I/ORTH PAR"r IN VOL. 1602, PG. 118 D.R.T.C.T. 0.994 ~RES (43,319 SOUARE FEETJ COUNTY UN£ I r I I It t I~ a I 8 <-> I o: t:: I u..! ~ I~ t!: Io.. ~ I I EXHIBIT ;,fj SANfTmt SEWER [)5£1.IENT 0 .994 ACRES f43,Jl9 SOOARE FEETJ WALSH RANCHES, L.P. AND PARTNER WAf..SH NORTH STAR COMPMr VOLUME 12624. P/JGE 92, D.R . T.C. T. W/WAJI II. BROHN FJiJIIY IWIC/f/l(b OPERATIONS . L.P • VOLUUE CJ7/6, PAGE 5SV D.R.T.C.T. LEE U. BASS TRUST££ fOR THE. B2D lll>li/l/JEl/£1ff Tl1JJST J'f .19 ICRl!S -.. YO/.IJII£ 1382-4, PN;E. 3-42 D.R.T.C.T. . s SCALE: I• • 200' W>PROX. SVRtEY UNE . s 89' 37' 04' w 50.00' DATE: Mli /9, 2004 DRRIN BY: JEJI CHECKED 8Yr JHP JOB No:P202030156 SHEET J OF 3 T~YSTEMS \t 500 w. 7th ST, SUITE 600 ,--_ __,~.,. · ,,.. 1 #J~\ FORT WORTH, TEXAS, 76102 WALSH RANCHES L. P. .AND PARTNER, WALSH NORTH STM COMPANY '--L-Jl"<~'--'!f'v"""",.no, v/'//.E::::. · {817) ))9•89~0 . CONSULT A ·N TS ~ ,.. MIKE HART -LAND AGENT FTW REAL PROPERTY $RVS / ENG DPT 900 MONROE ST 302 FTVV TX 761026302 Submitter: CITY OF FORT WORTH/REAL PROPERTY -001 ZCFV\ SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING -THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 07/19/2005 02:11 PM Instrument#: 020520.7197 OPR 6 PGS $22 .00 111111111111111111111111111111111111111111111111111111111111 0205207197 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. . <® DOE #4160 PARCEL#! SEWER LINE AND WATER RECLAMATION MAIN EASEMENT DATE: July 15, 2005. GRANTOR: Walsh Ranches Limited Partnership, a Texas limited partnership ("GRANTOR") GRANTOR'S MAILING ADDRESS (including County): c/o G. Malcolm Louden GRANTEE: The City of Fort Worth President, General Partner of Walsh Ranches Limited Partnership 500 W. 7th Street, Suite 1007 P. 0. Unit27 Fort Worth, Texas 76102 Tarrant County GRANTEE'S MAILING ADDRESS (including County): c/o Real Property Management 1000 Throckmorton Street Fort Worth, Texas 76102 Tarrant County CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. EASEMENT AREA: See the attached and incorporated Exhibit "A", consisting of a three page metes and bounds description, and a three page plat description. GRANTOR, for the consideration of the agreements and covenants contained in the GRANTOR and GRANTEE's Economic Development Agreement dated May 6, 2003 (City Secretary Contract No. 28585) and Facilities Agreement dated July 15, 2005, hereby grants, sells, and conveys to GRANTEE, its successors and assigns, a permanent easement for the construction, operation, maintenance, replacem~nt, upgrade, and repair of an underground Sewer Line and Water Reclamation Main Facility ("Facility") in, upon, under and across a fifty foot (50') wide strip of land (the "Easement") more fully described in Exhibit "A," attached and incorporated, together with the right and privilege at any and all times to enter the Easement, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing the personal property placed within the Facility. GRANTOR reserves the right to full use and enjoyment of the Easement subject only to the rights herein granted, provided however that GRANTOR covenants and agrees it will not use the Easement in a manner that interferes with the operation, repair or maintenance of the Facility. This grant and conveyance is made subject to: (1) all recorded and unrecorded restrictions, encumbrances, easements, covenants and conditions , rights-of-way and prescriptive rights, reservations, surface agricultural and grazing leases, oil, gas or other exploration agreements and leases and other instruments or contractual rights or obligations that affect the Easement; (2) any rights of adjoining property owners in any fences situated on a common boundary. This grant is further subject to and controlled in all respects by the terms and provisions of the Economic Development Agreement and the Facilities Agreement referenced above between the parties. Copies of these agreements may be obtained at the offices of GRANTEE shown above. TO HA VE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and GRANTEE's successors and assigns forever. But it is distinctly understood and agreed that this conveyance is made and accepted without covenants or warranties of any kind, either express, implied, statutory or otherwise, including but not limited to the covenants set forth in TEX. PROP. CODE ANN. §5.023 (Vernon 2005). Executed to be effective as of the date first written above. THE STATE OF TEXAS § COUNTYOFTARRANT § WALSH RANCHES LIMITED PARTNERSHIP, A Texas Limited Partnership By: WALSH NORTH STAR COMPANY, Its General Partner By: This instrument was acknowledged before me on thisM,lay of a~ , 2005, by G. Malcolm Louden, President of Walsh North Star Company, Gen&:~er of Walsh Ranches Limited Partnership, a Texas limited partnership, on behalf of the partnership. Jl.~Lk,Jo-,..o Notary Public, State of Texas 2 SANITARY SEWER EXTENSION FOR WALSH RANCH PHASE IC D.O.E. No. 4160 INTERSTATE BIGRW AY No. J.O I. & G .N. R .R Co. SURVEY, ABST. No. 2004 I. & G.N. RR. Co. SURVEY, ABST. No. 1996 C. HIGBEE SURVEY, ABST. No, 2740 EXHIDIT "A" / PARCEL! Being a 50 ' Pea:naneo.t Sanitary Sewer Ea.scn:ient sibJated in. b L & G.N . R.R. Co . Survey. Abstract No. 2004, the I. & GN. R.R. Co . Survey, Abstract No. 1996 and. the C. Higbee Survey, Abstract No . 2740, Parker County, Tc:xas, and bemg out of a trat.t of land deeded. to Walsh Rsnches Limitod Partno:sbip, described as the "Marie Hildreth Cline Property'' as recorded in Volume 12624, Page 92 of the Deed Records of Tarrant County, Texas, said '"Mme Hildreth Cline Property' being further described as "JNorth Part" in Volume 193, Page 335 of the Deed Records of Parker County, Tcxas,•said 50' Permanent Sanitary Sewer Basement being more particularly desc:n'bed by .metes and bounds as fo1,lows : . . \ COMMENCING at a 1 inch iron in canc;;rctc found for an exterior ell coma in the north line of said tract of land descn'bed as "North Part", said 1 inch iron rod in concrete being the northwest comer of a 34.190 ac:ce tract ofland (by deed) deeded to Lee M. Bess, Trustee as recorded in Volmne 13824, Page 342 of said Deed RflCOrds of Tmant-Co1DJ.ty, Texas, TEENCE South 00 degrees 59 minutes 12 seconds Bast, ~ the .um:th line of said tract of land descn'bcd & the ''North Part" and with the weat line of said 34.190 aca tract ofland, a distance of 820 .82 foc;t to the l'OINT OF BEGJNNING, said point having grid coorcfiinates c,f N= 6,951,765.44, E-2,206,939.07; THENCE South 00 degrees 59 minutes 12 seconds Bast, with the north line ofsaid tract of.bmd descnoed as "North Part" and with the west line of said 34.190 acre tract ofland, a <listaIJoeof 50.91 feet to a point for comer, fi:on:i. wbicli. an axle found for !he most easterly northeast. ~ of said tract of land de.sc:nl>ed as the ''North Part"~ South 00 de~ 59 minutes 12 aecon& Bast, a distance of38l.05 feet and Norlh 89 degrees 48 minutes 21 s~nds East, a distam:c of33T/.78 feet; TIIENCE North 80 degrees 07 miDutes 26 seconds West, a di.stance.of 418.20 feet to a poinUm earner; THENCE North 87 d.egrees 46 minutes 59 seconds West, a di.stallce of 278.18 feet to a poiDt b coma; · T.HENCE South 7 8 degree$ 05 minutes 27 aeconds West, a. distance of 340. 78 feet to a point .fur comer; THENCE North 85 degrees 10 minutes 06 seconds WC'St, a distance of393.53 feet to a point mr comer; THENCE Ss,uth. 52 degi.tt.S 56 minutes 50 aecond8 W f:SL, a distance of 628.02 feet to a poim rm comer; THEN CE North 68 degrees 43 :mimite8 25 aecands West, a distance of 354.32 feet to a point fur comer; THENCE North 70 degr~ 48 minutes 10 seconds West, a distance of359.17feet to apoint:fircamer; THENCE North 89 degrees 34 mmutes 51 seconds We.,t, a distance of 817.81 feet to a point.mroor:ru:c; TJ.IENCE North 84 degr= 23 minutes 58 BOCOD.ds West, a distaIJ.ce of504.86 feet to a point:wrcoz:nei:; TIIENCE North 46 degrees 29 minutes 52 ~nds West, a distance of 163.92 feet to a point mr ~ THENCE Sou1h 54 degrees 37 minutes 01 seconds West, a clis\:ancc of313.0l feet to a poiDt mr corru:t; THENCE South 71 degrees 53 minutes 16 seconds West, a distance of 422.13 feet to II.point fur coma; THENCE South 60 degrees 24 inin~ 04 RCOnds West, a distance of751.32 feet to a point fur COIJ1a; THENCE North 67 degr~ 17 minules 53 seconds West, a distaoce of226.42 feet to a point mr: IXIIJla; THENCE South 74 degrees 35 minutes 27 .seconds West, a distance o!615.28 feet t? a.point furcomo:; Page 3 of 8 SANITARY SEWER EXTENSION FOR WALSHRANCHPHASEIC · D,O.E. No. 4160 INTERSTATE EIGRW AY No. 20 L & G.N. R.R. Co. SURVEY, ABST. No. 2004 L & G.N. R.R. Co. S1JRVEY, ABST. No. 1996 C. BIGBEE SURVEY, ABST. No. 2740 PARCEL! r.. THENCE South 37 degrees 51 minutes 46 seconds West, a distance of 546.41 feet to a point for corner; !· THENCE South 86 degrees'Ol m.inutel> 03 seconds Wegt, a dist11DCe of789.61 feet to a point far corner; THENCE North 80 degrees 31 minutes 43 seconds West, a clislance _of 616.34 feet to a point far coma; THENCE North 50 degrees 52 minutes 58 seconds West, a distance of 627.50 feet to a point for comer; THENCE North 89 degrees 57 minutes 18 seconds West, a distaooe of66~.34 feet to a p·oint for oomcr; THENCE North 49 degrees 46 minutes 15 seconds West, a distance-of 24952 fei,t to a point for cam.er. from which a TxDot mouument found for corner in. tht; noithei:ly right-of-way line oflnu;artate Highway No. 20 liears a radial bearing of South 00 degrses 10 minutes 34 seconds West, a distance of 3261 .17 feet, said TxDot monumc:nt bcing·at the ~ of a curve having a radius of 5691.58 feet, a ccotral angle of 10 degI"ee$ 27 minutes 44 seconds and wh011e chord bean; North 73 degrees 43 minutes 41 secondls Wm, a distance of 1037·.85 feet; THENCE North 40 degrees 13 minutes 45 seconds East, a distance of 50.00 feet to a point for comer, THENCE South 49 degrees 46 ,minutes 15 seconds East, a distance.of 231.23 feet to a poii;lt for comer; TIIENCE South 89 de~ees 57 minutes 18 seconds Bast, a dista:ncc of 662.110 feet to a po~ fui oo.mc:r, THENCE South 50 degrees 52 minutes 58 seconds East, a ~ of 632.00 feet to a point for comer; •THENCE South. 80 degrees 31 .mi.tlutes 43 seconds East, a distance of 597.21 feet to a point for oomcr; THENCE North 86 degrees 01 :minutes 03 seconds Ea.st, a clistan.ce.of761.37 feet to a point for comer; THENCE North 3 7 degrees 51 minutes 46 second! East, a distance of 540.67 feet to a point for comer, THENCE North 74 degrees 35 mitnJtes 27 secon<h East, a. distBnce of 649 .15 feet to a point for=, THENCE South 67 dpgrees 17 minutes 53 seconds Bast, a distaDoc, of219.14 foet to a point for comer; THENCE North 60 degrees 24 minutes 04 seconds Bast, a. distance of ~31.80 feet to a po.mt for comer, THENCE North 71 degrees 53 minutes 16 sr.cond:3 Bast, a di~ of 419.57 feet to a point for comi:; THENCE North 54 degrees 37 minutea 01 seconds East, a di~ of346.55 feet to a point for comer, THENCE South 46 degrees 29 minutes 52 seconds East, a d.lstanceof 187.89 feet to !point for comer; THENCE South 84 degrees 23 minutes 58 ~dis Bast, a distance of 485 .43 feet to 11. point for cox=; THENCE South 89 degn,es 34 minutes 51 seconds Bast, a distance of823.81 f~to a point for comer, THENCE South 70 degrees 48 minutes 10 seconds Bast, a distance of368.35 feet to a point for comer, TBENCE South 68 degrees 43 minutes 25 seron.ds East, a .distance of327 33 feet to a point for coma:; TBENCE North 52 degrees 56 minutes 50 seconds East, 11. distance ()f 619 .25 feet to a point for C-OID.tt; TiillNCE South 85 degrees 10 minutes 06 seconds Bast, a distance af 405.31 feet to a point for comr:r, THENCE North 78 degrees 05 minntes 27 seconds East, a distance of33Ml feet to a point for coma:; Page4 of8 l ; . t SANITARY SE'WER EXTENSION FOR WALSH RANC8:PBASE IC' D.O.E. No. 4160 INTERSTATE illGRWAY No. 20 L & G.N. R.R. Co. SURVEY, ABST. No. 2004 I. & G.N. R.R. Co. SURVEY, ABST. No . 1996 C. BIGBEE SURVEY, ABST. No. 2740 . PARCEL! ,._:I THENCE South 87 degrees 46 minutes 59 seconds East, a distAnce of 287 .72 feet to a point for comer; • r . THENCE South 80 degrees 07 minutes 26 seconds East, a distance of 411 .gS feet to the POINT OF DEGINNING, end contawillg 503 ,195 square feet or 11.552 acres ofland, IIl.?re or less. . . NOTE: All -bearings and coormn?.tes are tefere.o.ced to the Tex.as Coordinate System, NAD-83(1993), The North Ceotral Zone(4202), with a surfl!ce factor of l.0001.554132, distances a.nd areas shown are surface. Project control :pr<JVided by Transystems Cot:p~on. . Date: November 03, 2004 Curtis Smith Registered Professional Land Sw:veyor No. 5494· Page 5 of8 OOMONDONA & ASSOC., INC. 6'707 JIIU!Nnr{OOD ST'Allll\.D. SUIT'!! SO POltT WO!\m TEXAS 76112 ll7 .... 96rHl' FAX ll7 .... S6rl76' EXHIBIT PARCEL MATCH· LINE A "A,, 1 s 7CJ'48'10'E • J6S.J5' zr-=-=- 400 200 0 ~ ~ I 400 I 50 PERMANENT SANITARY SEWER EASEMEt-(f 503.195 SO. FT. OR 11.552 ACRES WALSH RANCHES LIMITED PARTNERSHIP VOI..U'-IE 12624, PAGE 92 D.R.T.C:T. · . VOLUME 193, PAGE 335 ' D.R.P.C.T. PARKER COUNTY SURVIX \.M )> '--ro ·. (/) ~ -; fT1 ::o r )>-U) Or, -; -< z (/) o C ;o ...;_J< ()) rTJ N -< APPROXIWI~ LOCAnoll CJ" COU!:!!_Y UNE/SURIIEl LINE._ PROPER!Y .!:UN!!!;E:....-,---~'°"""":::=:=----1 -----,-s-ocr-sg-• 1~2.,...E--'"i~----:s~ocr-::s-::9.1:ii: a20.s2· TARRANT COUNTY f 3111.05' % s ~~~l~'E PROPERTY LINE' ~OT[: N.J. BEMINC~ ANO COOROINAfCS AA£ f!tF(l!EHCEIJ . TO THE TEl<AS COOROINAtt SYStEl4, H.<O-ISJ(\Hl), nE: IIORTI-I CO!Ttw. ZO!'IE(420%), Mlll A SURFACE fACTOR OF 1.0001554132. O!STNIC!:S AHO ARO,S SHOl\fl ARE sui!r AOC PROJECT CONTROL PROVIDED BY TRAIIS'l'Stms CORPORATION. EXHll!IT SHO'lfttlG A PERMANENT WATER LINE EASEME:NT BEING S1TU1,TE0 IR TKE" I. & G.N. R.R. SURVEY, ABSTRACT No. 2004 I. & G.N. R.R. SURVEY., ABSTRACT No. 1996 C. HIGBEE SURVEY, ABSTRACT No. 2740 PARKER COUNTY, TEXAS CORRONDONA ~ ASSOCIATES INC. 6701 BRENlWOOD STAIR R01.D SU1TE 50 FORT WORTH TX. i - SURVEY ll~ . .SURVEY . LINE EXHIBIT PARCEL MATCH LINE B N 6T 17 '5J"W 226.42' S IIT17'5l"t · 21G .14' WALSH RANCHES LIMITED PARTNERSHIP VOLUME 1262,., PAGE 92 D.R.T.C.T. "A" 1 C. HIGBEE SURVEY ABSTRACT No. 27 40 400 · 200 0 bJ==4 S 46'29'52°£ 1117.89° SCALE IN FEET 400 I VOWME 1 IIJ, PAGE 335 D.R.P.C.T. PROPEllTY LINE so' PERMANENT SAN ITARY SEWER EASEMENT 503, 195 SO: rf; OR 11.552 ACRES S 717'4!0 10"t .36a.J5' MATCH LINE A NOTt, "'ti. BtAAlHCS NII> COOIIOll~1ES ARE REFmENCm 10 M 'IElV<S COOADN\TE S'rSTEM, N.-.O-eJ(1U3), TH£ NOR'TH CENTIW. 20NE(42Dl). Wlltt A SVF!fA(:£ fACTOR OF 1.00l>1~5'4U2, DISTANCES ANO AR£.f.S SHO\'IN ARE SVRF'ACE. PRC>.£CT CONTROi. PROV!OED BY ll!NISYSTEIIS CORPCflA 110'!. ' (XHl81T SHOWING A PERMANENT WATER LINE EASEMENT BEING S!TVATEO IN lltE I. & G.N. R.R. SURVE'(, ABSTRACT No. 2004 I. & G.N . R.R. SURVEY, ABSTRACT No . 1996 C. HIGBEE SURVEY, ABSTRACT No. 27 40 PARKER COUNlY, TEXAS )> (.... OJ. U> ::;:,;: -f fT'1 ;::o r- )> (/) (") fT1 -f -:: z (/) o C ~ -...J< co r'1 N -:: ! I I 1 EXHIBIT PARCEL . "A,, 1 S OCTIO "J4""W 3261 .17' II ~0"13'~5•E 50.00' (AAOIAL Bt'AALNG) I WALSH RANCHES LIMITED PARTNERSHIP VOWME 12624, PAGE 92 . . D.R.T.C.T. VOWME 193, PAGE 335 D.R.P.C.T. >-w If.) >m 0:: 01 "' :::> .,_ 5 (/) i •O ~z I~ 0:: I- .u Z<( • a::: c., I- U1 <>'<SID -4:' CURVE TABLE DELTA CHORO BEARtlG CHORC> ARC IIO!E: .o.L.l 8EAA\IICS NiO COO!\OlffAtts ME l\a'El\1:)ftf;l) TO lllE TE'AAS COOIIOINATE SYSTEM •. NAD-83(11111J). THE NOR'TH CE1'l11IAL ZON£(420Z). v,r™ A SUIU'Act FAC'IOII OF Ul(,0155413?. DISTANC(S ANO AREAS . SHO'ffN AAE SllRF Act. PROJECT COlllROl J>R(1\ll!)El) BY TRANS'l'STEMS CORPORATION. EXHIB!l SHOWING ,. PERMANENT WATER LINE EASEMENT IIEING SITI.IATEO II( lH~ ~ . ,., ~ ..... .,;-.;f .:t I. & G.N. R.R. SURVEY, ABSTRACT No. 2004 I. & G.N. R.R. SURVEY, ABSTRACT No. 1996 C. HlGBEE SURVEY, ABSTRACT No. 2740 PARKER COUNTY, TEXAS N 49"46'15"W 249.5 2' ·"' ..,_ .,._ Fi:! .s~ .. z: 50 S 49"46'15•[ 2.31.23' PERMANENT SANITARY SEWER EASEMENT 503, l 95 SQ. FT. OR 11.552 ACRES . --tt'< 0?:. ~ s '?J9;'o ~-. \ . ~· ~O· ~ G· l>-C' \· ~ie,S'\~ 400 200 0 400 ~ I SCALE IN F.EET MATCH LINE B I ·I ' ! t:?t c;-\' ~ MIKE HART • LAND AGENT FTW REAL PROPERTY SRVS / ENG DPT 900 MONROE ST 302 FTW TX 761026302 Submitter: CITY OF FORT WORTH/REAL PROPERTY -001 ZCFV\ SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING -THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 07/19/2005 02 :11 PM Instrument#: 0205207196 OPR 9PGS $28.00 111111111111 IIH lllll lllll lllll lllll lllll 111111111111111111 0205207196 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. GEOTECHNICAL ENGINEERING STUDY PATTERSON BRANCH SANITARY SEWER LINE WALSH RANCH FORT WORTH, TEXAS Presented To: DeOtte, Inc. May 2004 . PROJECT NO. 396-04-01 - - - - - - ·CMJ ENGINEERING, INC. May 5, 2004 Report No. 396-04-01 DeOtte, Inc. 2553 East Loop 820 North Fort Worth, Texas 76118 Attn: Mr. James E. DeOtte, P.E. GEOTECHNICAL ENGINEERING STUDY PATTERSON BRANCH SANITARY SEWER LINE WALSH RANCH FORT WORTH, TEXAS Dear Mr. DeOtte: 7636 Pebble Drive Fort Worth, Texas 76118 www.cmjengr.com Submitted here are the results of a geotechnical engineering study for the referenced project. This study was performed in general accordance with our Proposal No. 03-4 7 4 (Revision 1) dated June 25, 2003. The geotechnical services were authorized by Mr. James E. DeOtte, P.E., of DeOtte, Inc. on March 31, 2904. Engineering analyses and recommendations are contained in the text section of the report. Results of our field and laboratory services are included in the appendix of the report. We would appreciate the opportunity to be considered for providing the construction consultation services during the construction phase of this project. We appreciate the opportunity to be of service to Dunaway Associates, Inc. Please contact us if you have any questions or if we may be of further service at this time. Respectfully submitted, CMJ E GINEERING, INC. James A. McDaniel, E.I.T. Project Manager JAM . Phone (817) 284-9400 Fax(817)589-9993 Metro (817) 589-9992 - -- TABLE OF CONTENTS Page 1.0 INTRODUCTION ..................................................................................................... .... 1 - 2.0 FIELD EXPLORATION AND LABORATORY TESTING............................................ 2 -3.0 SUBSURFACE CONDITIONS ................................................................................... . 3 4.0 EARTHWORK.............................................................................................................. 5 5.0 CONSTRUCTION OBSERVATIONS.......................................................................... 7 6.0 REPORT CLOSURE ........................................................................ ,.......................... 8 - -APPENDIX A Plate PLAN OF BORINGS .......................................................................................................... A.1 UNIFIED SOIL CLASSIFICATION SYSTEM ..................................................................... A.2 KEY TO CLASSIFICATION AND SYMBOLS.................................................................... A.3 LOGS OF BORINGS .......................................................................................................... A.4-A.23 - - - - - - - 1.0 INTRODUCTION 1.1 Project Description This report presents the results of a geotechnical engineering study for an approximate 10,000- Iinear foot sanitary sewer line. The sewer line is planned along Patterson Branch Creek within Walsh Ranch in Fort Worth, Texas. Plate A.1 depicts the water line alignment and location of exploration borings. 1.2 Purpose and Scope The purpose of this geotechnical engineering study has been to determine subsurface conditions, evaluate the engineering characteristics of the subsurface materials encountered, and provide earthwork recommendations. To accomplish its intended purposes, the study has been conducted in the following phases: (1) drilling sample borings to determine the general subsurface conditions and to obtain samples for testing; (2) performing laboratory tests on appropriate samples to determine pertinent engineering properties of the subsurface materials; and (3) performing engineering comments, using the field and laboratory data, to develop geotechnical recommendations for the proposed construction. The design is currently in progress and the locations and/or elevations of structures could change. The recommendations contained in this report are based on data supplied by DeOtte, Inc. Once the final design is near completion (80-to 90-percent stage), it is recommended that CMJ Engineering, Inc. be retained to review those portions of the construction documents pertaining to the geotechnical recommendations, as a means to determine that our recommendations have been interpreted as intended. 1.3 Report Format The text of the report is contained in Sections 1 through 6. All plates and large tables are contained in Appendix A. The alpha-numeric plate and table numbers identify the appendix in which they appear. Small tables of less than one page in length may appear in the body of the text and are numbered according to the section in which they occur. Report No. 396~04-01 CMJ ENGINEERING . INC . - - -- -- - - - Units used in the report are based on the English system and may include tons per square foot (tsf), kips (1 kip= 1,000 pounds), kips per square foot (ksf), pounds per square foot (psf), pounds per cubic foot (pcf), and pounds per square inch (psi). 2.0 FIELD EXPLORATION AND LABORATORY TESTING 2.1 Field Exploration Subsurface materials at the project site were explored by 20 borings drilled to depths of 15 to 25 feet along the proposed alignment. The borings were drilled using truck mounted drill equipment at the approximate locations shown on the Plan of Borings, Plate A.1. The boring logs are included on Plates A.4 through A.23 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Undisturbed samples of cohesive soils were obtained with nominal 3-inch diameter thin-walled (Shelby) tube samplers at the locations shown on the logs of borings. The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting edge con nected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the soil by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, sealed, and packaged to limit loss of moisture . The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the relatively undisturbed sample at a constant rate to a depth of 0.25 inch. The results of these tests, in tsf, are tabulated at respective sample depths on the logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. To evaluate the relative density and consistency of the harder formations, a modified version of the Texas Cone Penetration test was performed at select ed locations. Texas Department of Transportation (Tx-Dot) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170- pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each blow . This method was modified by utilizing a 140-pound hammer freely falling 30 inches. This results in 350 foot-pounds of energy for each hammer blow. In relatively soft materials , the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is tabulated at respected test depths, as blows per 6 inches on the log. In hard materials (rock or rock-like), the Report No . 396-04-01 CMJ ENGINEERING, INC . 2 - - -- - - .... penetrometer cone is driven with the resulting penetrations, in inches, recorded for the first and second 50 blows, a total of 100 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the boring logs. Ground-water observations during and after completion of the borings are shown on the upper right of the boring log. Upon completion of the borings, the bore holes were backfilled with soil cuttings and plugged at the surface by hand tamping. 2.2 Laboratory Testing Laboratory soil tests were performed on selected representative samples recovered from the borings. In addition to the classification tests (liquid limits and plastic limits), moisture content, unconfined compressive strength, and unit weight tests were performed. Results of the laboratory classification, moisture content, strength, and unit weight tests conducted for this project are included on the boring logs. The above laboratory tests were performed in general accordance with applicable ASTM or U.S. Army Corps of Engineers procedures, or generally accepted practice . 3.0 SUBSURFACE CONDITIONS 3.1 Subsurface Stratigraphy Specific types and depths of subsurface strata encountered at the boring locations are shown on the boring logs in Appendix A. The generalized subsurface stratigraphy encountered in the borings is discussed below. The soils consist of dark brown, light brown, reddish brown, tan, dark gray, and gray silty clays, sandy clays, calcareous clays, and shaly clays. The clayey soils are generally firm to hard with pocket penetrometer values ranging from 1.25 to over 4.5 tsf. The soils are generally low to highly plastic with liquid limit and plasticity indices of 27 to 72 and 10 to 50, respectively. Tested unit weight and unconfined compressive strength values vary from 91 to 119 pcf and 1,470 to 15,000 psf, respectively. Tan limestone underlies the overburden soils at depths of Oto 12 feet in most of the borings, except B-1, 8-15, 8-16, and 8-17. The tan limestone varies from weathered to very slightly weathered . The Report No. 396-04-01 CMJ ENGINEERING, INC . 3 tan limestone is present as both fractured and intact units and is generally hard to very hard with THO Cone Penetrometer values of O to 3 inches of penetration per 100 blows . Gray limestone underlies the limestone or overburden soil in most of the borings. The gray limestone encountered is generally unweathered and very hard with THO Cone penetrometer -values of Oto 0.75 inch of penetration per 100 blows. THO values of O inches per 100 blows within the gray limestone may be an indicator that the gray limestone may contain or may be composed of - - a more crystalline dolomite mineral. Shale and shaly limestone was noted primarily in the eastern portion of the alignment and typically was atop or layered between more uniform limestone layers. Boring 8-1 encountered gray shale at a depth of 141'2 feet. The shale is generally soft (rock basis) with a THO Cone Penetrometer value of 4 inches of penetration per 100 blows. The shaly limestone is generally moderately hard with THO Cone penetrorneter values of 2. 75 to 3.25 inches of penetration per 100 blows. 3.2 Ground-Water Observations The borings were advanced using continuous flight augers to check the relative elevation of water in the boreholes during drilling. Borings 8-4 and B-15 encountered ground-water seepage at depths of 10 feet during drilling and water at completion at depths of 6 to 8.5 feet. All other borings were dry upon completion. Fluctuations of the ground-water level can occur due to seasonal variations in the amount of rainfall ; site topography and runoff; hydraulic conductivity of soil strata; and other factors not evident at the time the borings were performed. The possibility of ground-water level fluctuation should be considered when developing the design and constriction plans for the project. The possibility exists that perched water may occur atop clays or limestone through more granular seams, particularly after periods of heavy or extended rainfall. Due to the variable subsurface conditions long-term observations would be necessary to more accurately evaluate the ground-water level. Such observations would require installation of piezometers or observation wells which are sealed to prevent the influence of surface water. Report No . 396-04-01 CMJ ENGINEERING , INC . 4 - ..... .... -- -- - - - - - 4.0 EARTHWORK 4.1 Site Preparation The subgrade should be firm and able to support the construction equipment without displacement. Soft or yielding subgrade should be corrected and made stable before construction proceeds. The subgrade should be proof rolled to detect soft spots, which if exist, should be excavated to provide a firm and otherwise suitable subgrade. Proof rolling should be performed using a heavy pneumatic tired roller, loaded dump truck, or similar piece of equipment. The proof rolling operations should be observed by the project geotechnical engineer or his/her representative. Prior to fill placement, the subgrade should be scarified to a minimum depth of 6 inches, its moisture content adjusted, and recompacted to the moisture and density recommended for fill. 4.2 Placement and Compaction Fill material should be placed in loose lifts not exceeding 8 inches in uncompacted thickness. The uncompacted lift thickness should be reduced to 4 inches for structure backfill zones requiring hand-operated power compactors or small self-propelled compactors. The fill material should be uniform with respect to material type and moisture content. Clods and chunks of material should be broken down and the fill material mixed by disking, blading, or plowing, as necessary, so that a material of uniform moisture and density is obtained for each lift. Water required for sprinkling to bring the fill material to the proper moisture content should be applied evenly through each layer. The fill material should be compacted to a minimum of 95 percent of the maximum dry density determined by the Standard Proctor test, ASTM D 698. In conjunction with the compacting operation, the fill material should be brought to the proper moisture content. The moisture content for general earth fill should range from 2 percentage points below optimum to 5 percentage points above optimum (-2 to +5). These ranges of moisture contents are given as maximum recommended ranges. For some soils and under some conditions, the contractor may have to maintain a more narrow range of moisture content (within the recommended range) in order to consistently achieve the recommended density. Field density tests should be taken as each lift of fill material is placed. As a guide, one field density test per lift for each 5,000 square feet of compacted area is recommended. For small areas or critical areas the frequency of testing may need to be increased to one test per 2,500 square feet. A minimum of 2 tests per lift should be required. The earthwork operations should be observed and tested on a continuing basis by an experienced geotechnician working in conjunction with the Report No. 396-04-01 CMJ ENGINEERING , INC . 5 -- - project geotechnical engineer. Each lift should be compacted, tested, and approved before another lift is added . The purpose of the field density tests is to provide some indication that uniform and adequate compaction is being obtained. The actual quality of the fill, as compacted, should be the responsibility of the contractor and satisfactory results from the tests should not be considered as a guarantee of the quality of the contractor's filling operations. Any pavement structure (concrete, asphalt, base course material or stabilized subgrade) should extend a minimum of 12 inches beyond the edge of the excavation trench . This additional width of pavement structure greatly reduces the potential for reflective cracking upwards into the pavement. In addition, proper backfilling of the soils will result in no undue settlement of backfill material and resulting differential movement between the natural soils and backfill trench. If a high class bedding material or backfill material is desired, a lean concrete will limit water intrusion into the trench and will not require compaction after placement. 4.3 Excavation Based on the exploration borings, the majority of the excavation will encounter limestone in thin · seams or layers or major intact units. This limestone is generally hard to very hard and will require heavy duty specialized equipment for excavation. In addition, overexcavation should be anticipated within the limestone with weathered or shale seams. Overexcavation may, result from large blocks or chunks breaking along either weathered or shale seams beyond the planned excavation. The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities , which are constructed prior to or during the currently proposed construction and which require excavation , should be protected from loss and end bearing or lateral support. Temporary construction slopes and/or permanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes. Trench safety recommendations are beyond the scope of this report. The contractor must comply Report No . 396-04-01 CMJ ENGINEERING , INC . 6 -- -- - - - - - - - - - - - - with all applicable safety regulations concerning trench safety and excavations including, but not limited to, OSHA regulations . Selected sections of utility excavations may encounter ground water. In selected zones, the ground-water infiltration may be significant. The contractor must be prepared to eliminate excess water from the excavation trench, and special shoring/shielding may be required by OSHA guidelines to prevent undue caving of sidewalls into the excavation . In general, it is anticipated that the majority of seepage inflow into construction excavations can be handled with sump pits and pumps . 4.4 Erosion and Sediment Control All disturbed areas should be protected from erosion and sedimentation during construction, and all permanent slopes and other areas subject to erosion or sedimentation should be provided with permanent erosion and sediment control facilities . All applicable ordinances and codes regard ing erosion and sediment control should be followed . 5.0 CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited amount of information about the subsurface conditions . In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings. However, quite often during construction anomalies in the subsurface conditions are revealed . Therefore, it is recommended that CMJ Engineering, Inc. be retained to observe earthwork and perform materials evaluation during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. It is proposed that construction phase observation and materials observation commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner or the owner's design engineers to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design enginee rs and the geotechnical engineer. Report No . 396-04-01 CMJ ENGINEERING , INC . 7 - -- - - - - - 6.0 REPORT CLOSURE The borings for this study were selected and staked by DeOtte, Inc. The locations and elevations of the borings should be considered accurate only to the degree implied by the methods used in their determination. The boring logs shown in this report contain information related to the types of soil encountered at specific locations and times and show lines delineating the interface between these materials. The logs also contain our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken. Therefore, these boring logs contain both factual and interpretive information. Laboratory soil classification tests were also performed on samples from selected depths in the borings . The results of these tests, along with visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the logs of borings represent visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed. It is not implied that these logs are representative of subsurface conditions at other locations and times. With regard to ground-water conditions, this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the borings at the times and under conditions stated in the text of the report and on the boring logs. It should be noted that fluctuations in the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature and other factors. Also, this report does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations, or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently require that additional expenditures be made by the owner to attain a properly designed and constructed project. Therefore, provision for some contingency fund is recommended to accommodate such potential extra cost. The analyses, conclusions and recommendations contained in th is report are based on site conditions as they existed at the time of our field investigation and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is , the subsurface conditions everywhere are not significantly d ifferent from those disclosed by the borings at the time they were completed. If, during construction , different subsurface conditions Repon No. 396-04-01 CMJ ENGINEERING, INC . 8 - - - - - - - from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Further, it is urged that CMJ Engineering, Inc. be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill as recommended in the report, and such other field observations as might be necessary. The scope of our services did not include any environmental assessment or investigation for the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, ground water or air, on or below or around the site. The scope of services also did not include any assessment of the site for suitability for the proposed construction or use, related to items or conditipns other than those specifically addressed in this report. This report has been prepared for use in developing an overall design concept. Paragraphs, statements, test results, boring logs, diagrams, etc. should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of this report. The reproduction of this report, or any part thereof, supplied to persons other than the owner, should indicate that this study was made for design purposes only and that verification of the subsurface conditions for purposes of determining difficulty of excavation, trafficability, etc. are responsibilities of the contractor. This report has been prepared for the exclusive use of DeOtte, Inc. and the City of Fort Worth for specific application to design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended . * * * * Report No. 396-04-01 CMJ ENGINEERING , INC . 9 -- -·· -- - -- - - - - _________________________________ CMJEl'GINEWNG.INC NORTH I B-19., ,,, SCALE: 1" = 1,000' I •-2o~j PATIERSON BRANCH CREEK PATTERSON BRANCH SANITARY SEWER -FORT WORTH, TEXAS 396-04-01 / PLAN OF BORINGS PLATE A.1 -- - - - - - - - - SOIL OR ROCK TYPES --=-GRAVEL --•••• • • SAND SILT HIGHLY PLASTIC CLAY CONGLOMERATE Shelby Tube Auger Split Spoon TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No . 200 Sieve) Descriptive Item Penetrometer Reading, (tsf) Soft 0.0 to 1.0 Firm 1.0to1 .5 Stiff 1.5 to 3.0 Very Stiff 3.0 to 4 .5 Hard 4.5+ Coarse Grained Soils (More than 50% Retained on No. 200 Sieve) Penetration Resistance Descriptive Item (blows/foot) Oto4 4 to 10 10 to 30 30 to 50 Over 50 Very Loose Loose Medium Dense Dense Very Dense Relative Density Oto20% 20 to40% 40 to 70% 70 to 90% 90 to 100% Rock Core Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Cone No Pen Recovery Soil Structure Calcareous Slickensided Laminated Fissured lnterbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Very Hard Poorly Cemented or Friable Cemented Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered Can be remolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Cannot be scratched with knife Easily crumbled Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, and iron oxide are common cementing materials. Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with consistency, texture , and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATEA.3 e ii1i ... 0 (!) i 0 -, Q. (!) ~ c;> ! Project Patterson Branch Sanitary Sewer Line -Walsh RancfrMl Fort Worth, Texas ENGINEERING INC. -Project No. 396-04-01 Location lBoringNo. I B-1 Wat.er Observations Station o+OO Dry at completion Completion Depth 20.0' l Completion Date 4-9-04 Surface Elevation 792.2 Type Aue:er -1-, :l "". ..8 C. ~ E i: C. >, iii ~ rn rn Stratum Description SIL TY CLAY. brown and dark brown, w/ limestone 790.2 fragments, very stiff to hard CALCAREOUS CLAY/SILTY CLAY. brown, w/ large limestone fragments and calcareous deposits, stiff to very stiff ~ I j 5--• w/ abundant gravel and calcareous nodules. very stiff to hard, T to 14' -.~ -780.2 SHAL Y CLAY, brown, reddish brown, and gray, very --stiff to bard I-f-15~ m.1 SHALE. dark gray, soft to moderately hard I-~--t L:·' 1~ u ~ I I-...... --.-20-·--772.2j_ _______________________ ...1 .. cii oc ...; :.a ~ ~!. .. 0 ~ "': £' o cm -u • i:o i:i. E-3;25 4.25 3.75 3.0 2.25 4.5+ I ~+ I 143+ 100/4" 0 0 N 0 :z::,.E! ~ ~ ?;-bl)O O O •-5 .,-:'9 _.. .g .: .2 )( . ., > ::, ·--·-7n a, :a .2 .sr.§ ] .§ ..!! -g i:l,.CI) ..J..J i:i...J i:i.-~ :iii e.J' e:-:i ~ j '=~ ·-C ·-_, 0 o c..c ~u ::i...:i 19 15 12 33 I 15 I IS I 16 15 9 12 17 I 112 cli: "'Cl O • u·-er C: ~ Cl.) 'E e:a 0 c.c u E :, coo ::i u &:l. 15000 (!) z ix ~, I 11 I I I I I I I I I I I. §1 LOG OF BORING NO. I PLATE A.4 B-1 - - - ...., c.. C) ;; ~ .., Project No . 396-04-01 Boring No . B-2 Location Station 4+50 Completion I Completion Depth 20.0' Date 4-9-04 ii ] "' .. ~ Surface Elevation 797.4 Project Patterson Branch Sanitary Sewer Line -Walsh Ranc~MJ Fort Worth, Texas Water Observations Dry at completion Type I Aueer 8 N ~ E .. >. 0 Cl) ~ ti) Stratum Description 0 Z,o tll)O' C • ·-.. 3.5 .., > :I.!! i:i.. ti) ENGINEERING INC . - 21 ~ P.;:~ .... ~ SIL TY CLAY. dark brown, very stiff 3.0 42 17 25 20 .... -.... - L-- L-.5- L-- L-- .... -.... - 1-J;; L-- L-- L--.... 1-J5-.... -.... -.... -.... - L-.20 n- Er • grades brown and gray, w/ limestone fragments, stiff to very stiff; 2' to 6' 791 .4,-+------=,--,,.,...,.----,--=-:----,----I SANDY CLAY/CLAY. brown and dark gray. w/ abundant calcareous nodules, shells, and sand seams, stiff 787 .4+--=-==-====--------------1 LIMESTONE. tan 783 .4,+--=-=====--......,.-,--:------:--:------i LIMESTONE, gray, w/ shale seams, very hard 777.4 '------------------------ 3.75 13 3.5 16 2 .75 19 102 3710 2.0 20 1.5 19 10010.5• 10010.5" C) z ii: 0 m u.1--...L..--'-'----'----------------------'----'----'----'-_...Ji,._._L._._L__L__L__L__~ g LOG OF BORING NO. B-2 PLATE A.5 0 ..,,__ _________________________________________ _;_:....:..:~=-==-...::.:::.::..._J ! I-C (!) -; :!: u -, 11. ~ 9 I (!) z Project Patterson Branch Sanitary Sewer Line-Walsh RancirMJ Fort W<>_rth, Texas ENGINEERING INC. -Project No. 396-04-01 TBoringNo. I B-3 Location Water Obseivations Station 10+00 Dry at completion Completion T Completion Depth 25.0' I Date 4-9-04 ... I L c;:: .:ff c:,. ... Cl ]Ii E E >. "' rn rn -J,,-,_ -l E~ :.....15 --~2~ --t = -25-W T Surface Elevation 806.6 Type Au2er Stratum Description 805.6 I Sil, TY CLAY. brown and gray. stiff LIMESTONE. tan, fractured, hard 801.6 I . LIMESTONE. tan, w/ thin clay seams, hard I 793·6·-+1---=L""'IMESTe-==o=NEJ=s=BAL,,,...,..,,....,Y,.,...,,..,LIMES===T=o=NE.=-gra-y-to-d,..ark..,....._,I gray. w/ shale seams. moderately hard to hard 788.6...1---=====----.---;;----------i LIMESTONE. gray, very hard 781.6J_ ____ -- - - - - ---------------;ft. u ~ .. tlO 0 C ..; :.a -;ft.,~!. Cl ,: c"'-! O' ,g ... ~ ix: t:Q t:l.. !-2.75 100/2" 100/2" lt00/1.25 00/2.75" 100/0.5" 00/0.25'' 0 0 M 0 z~ ~ ~ .b bl)O O O ·-.5 ..... :2 ,w' .:? _.. .~ )( U) > :, ·--·--u gi -~ .5:.5 Jl .5 1l -g t:l..!°n ....l..J Q..,,-l ll<-,o ~ .... o' "-e ..r i'.:'::i .3 5 OU -~ C: .-:::~ 0 o c.o ~u ::>..:i 25 cC.: -0 0 • u·-er C~Cll 'E e:a 0 c:,.c .., E ::s coo :JU t:l.. a:: ~I I II I I I I I I I I I I I I B-3 PLATE A.6 §I LOG OF BORING NO. -- -- - - - - - .., a.. C> q I C!I z Project No. 396-04-01 I Boring No . B-4 Location Station 16+28.36 Completion I Completion Depth 25.0' Date 4-8-04 a: 0 .0 "' V Q. Surface Elevation 812.5 Project Patterson Branch Sanitary Sewer Line -Walsh RancirMJ Fort Worth, Texas Water Observations Seepage at 10' during drilling; water at 6' at completion Type Aueer .. tiii oc t E E V >, a:I 0 Cl) Cl) Stratum Description ..,; :a ~ ";Je ~!. 0 ~c~ ' ~~ --~~ ~ -- -- SIL TY CLA \'. dark brown, w/ calcareous nodules. stiff to very stiff u ~ 0 g' ..9 ll ti'? i:o ll-. I-< 2.0 3.5 3.0 3.25 ENGINEERING INC. - 23 22 21 21 -- -grades brown BDd gray, w/ calcareous nodules and limestone fragments, 2' to 9' 2 .75 55 20 35 21 -5- ----2.5 21 102 3150 -- -- -1: - 1.25 13 802 .5 • grades tan, reddish brown, and gray, w/ abundant """\. limestone frarnnents fi,,,.; 9' to 10' r ~ -i -- - -- - -15 LIMESTONE. tan 799.5,-1----,-..,..--=-===-:--=-=:-----,---.----:--t SHAL\' LIMESTONE/SHALE. gray to dark gray, w/ shale seams and layers, moderately hard 100/3.25' ---- -- ,-793 .5-1----------,--,,........-----,---,,-----t LIMESTONE. gray, w/ shale seams, very hard 100/0.5" -20- -- ,-- ,-- ,--rr -25 :r1 787 .5 _________________________ _ 100/0.75 ii: 0 a, :st---'--..J.J.---'--------------------'---'---'----'---'---'--...1..-...L..-..L..-.L...---l B-4 PLATE A.7 g LOG OF BORING NO . - - - I ,_ g i u .., 11. C!) q ~ m Project No. 396-04-01 Boring No. B-5 Project Patterson Branch Sanitary Sewer Line -Walsh RancfrMl Fort Worth, Texas Location Water Observations Station 2o+30.55 Dry at completion Completion I Completion Depth 25.0' Date 4-8-04 ----.... - .... - --10----- .... - -"' 0 .. .0 Q. s s » as Cl) Cl) :15 -r--r- --.... - .... i-20------- Surface Elevation 814.8 Type Auger Stratum Description Sll,TY CLAY, dark brown, stiff -grades brown, w/ limestone fragments , very stiff; 1.5' to 7' -w/ abundant limestone fragments, 4' to 7' 807 .8,-+---=,..,,..,,=---,--..-----------t LIMESTONE, tan, hard 801.8,4-_-__ ,-==~==""-=-==----:--=----,--I SHAL Y LIMESTONE/SHALE, gray to dark gray, w/ shale seams and layers, moderately bard to hard 795 .8 . ....._. _________________ ___ LIMESTONE, gray, very hard 789.8 '------------------------ 2 .75 4 .25 4.0 41 18 23 3.25 4.5+ 100/1 " 00/2.75 100/0" 00/0 .25 ENGINEERING INC . - 27 18 106 3800 16 13 8 C!) z er 0 a, ~1----'--_.__. __ __._ ___________ _;_ _______ _,_ _ _,_ _ __. __ __. _ ____,'------''---'---'---'------''---~ B-5 PLATE A.8 ~ LOG OP-BORING NO. -- - - - - ! ... 0 c., i (.) Project No . 396-04-01 I Boring No. B-6 Location Station 27+76.61 Completion I Completion Depth 20.0' Date 4-8-04 a: 0 ., "' u Q. Surface Elevation 822.1 Project Patterson Branch Sanitary Sewer Line -Walsh RancfrMJ Fort Worth, Texas Water Observations Dry at completion Type Aue;er ~ E E >, OS u Cl) Cl) 0 Stratum Description 3.0 ENGINEERING INC. - 27 - SILTY CLAY. dark brown and dark gray, w/ some limestone fragments. very stiff 3.75 56 21 35 21 --- ---grades brown and gray, 2' to 9' 4 .0 17 3.5 16 --3.5 15 -5- >-----stift: 6' to 1 O' 2.5 18 108 3830 -- 812.1 -w/ abundant sand seams and calcareous nodules, 9' to , 10' r 2.5 21 LIMESTONE. tan 809.1-1-------------------I LIMESTONE. gray, very hard 100/0.5 " 100/0.5" 802 .1 _____ --________ ----__ ----- c., z Q'. 0 "' LLl-_ _.__......_. __ __._ ___________________ __._ _ __._ _ __. __ __.....__,.__,.__,___,___L..__L.._ __ -l 8 LOG OF BORING NO. B-6 PLATE A.9 0 -'L---------------------------------------------:..=:..::..=..:=-....:..:=_J iiiiil - -· - - --, a. C, q I Project No . 396-04-01 Boring No . B-7 Project Patterson Branch Sanitary Sewer Line -Walsh RancirMJ Fort Worth, Texas Location Water Observations Dry at completion Station 3o+o0 Completion I Completion Depth 20.0' Date 4-7-04 ii ] .ri C. e ... >, Q Cl) I--~ -- I-- .,, I) ii e Ill Cl) Surface Elevation 818.4 Type Aueer Stratum Description SIL TY CLAY. dark brown, w/ calcareous nodules, very stiff -grades brown to light brown, I' to 9' 3.5 3.5 4.5+ 4.0 ENGINEERING INC . - 26 19 104 4300 17 16 I -wt abundant calcareous nodules and limestone fragments. 3' to 9' 4.0 43 17 26 16 I-- i-5- I-- I- I--~ I- i-10-i I-- I-- I-- I- 4.0 17 809 .4+--::-::~===------;--,:----------! LIMESTONE. tan, very hard ~00/0.75' 804 .4,+--=-=""'===-=-=----..,.--:---------t LIMESTONE. gray, very bard J00/0.25' i-15- I---- I-- I--~00/0.25 i-2v 1 E? 798.4_._ ______________ --------- C, z ii: 0 a, ... 1--..1.----L..L.--.l....------------------...L..-..J--..L---L..--..L-~--L-...L..-..I.--L----I 8 LOGOFBORINGNO. B-7 PLATE A.10 0 -'L--------------------------------------------=---=-=-=-=__J - - .... - - - -.... Cl. C) q ~ I Project No . 396-04-01 Boring No. B-8 Project Patterson Branch Sanitary Sewer Line -Walsh RancirMJ Fort Worth, Texas Location Water Observations Station 35+o0 Dry at completion Completion Depth 20.0' I Completion Date 4-7-04 u: 0 .r= .0 Q. E .. >. 0 Cl) .... - "' " g, E Ill en Surface Elevation 830.8 Type Stratum Description sn. TY CLAY. dark brown, w/ calcareous nodules,. very stiff -grades brown, w/ abundant calcareous nodules and limestone fragments. 3' to 8' 4.0 4.5 4.25 4 .5+ 4.5+ ENGINEERING INC. - 24 23 19 107 6230 16 13 4.5+ 30 14 16 11 822 .8,-1---=--=-----,-,-----------l LIMESTONE, tan, very bard 00/0.75' ----.... - .... 816.8.-1----------------------! LIMESTONE. gray, very hard !00/0.25' -15----- .... - .... -~ . = oA r-r-810.8 '-------------------------2v tr ~00/0 .25 (!) z ii: 0 m ~1-_ _.___ ........ __ __,_ ___________________ __,_ _ __. _ __,_ __ __. _ __.L...._._.__.__.__L__l_.._--l g LOG OF BORJNG NO. B-8 · · PLATE A.11 .. ...,.__ _____________________________________________ _:...::.:.=.:=--...J - - .... b c., .., ::. Project No . 396-04-01 Boring No. B-9 Project Patterson Branch Sanitary Sewer Line -Walsh Ranc~MJ Fort Worth, Texas Location Water Observations Station 40+o0 Dry at completion Completion I Completion Depth 25.0' Date 4-7-04 ii 0 "' ., ..c ..c i5. a e e .., >, ell Q ti) ti) .... - .... - :.15-...L. .... - ,-------,__,_._. _-r -2u- -- ,---- Surface Elevation 843 .8 Type Au!!er Stratum Description LIMESTONE. tan, fractured , moderately hard 839 .8+--=-==-====-----=-----:-----------1 LIMESTONE. tan, very hard 829 .8+--=-==-====-----=---:----------i LIMESTONE, gray, very hard =-25 --.-1-818.8 ------------------------- :? 100/3" 00/0 .25 100/0.5" 100/0" 100/0.25' 100/0" ENGINEERING INC. - s -~ .... 0. c., q I c., z ii: 0 Q) u.l-----'--~--__,_ __________________ ......... _ _,_ _ __,_ __ _,_ _ _,__....1-_....L.._..J-._...L-_.l.-_---l 0 8 LOG OF BORING NO . B-9 · · PLATE A.12 _..._ ______________________________________________ ___J -- -- -- -- - - - .... - - 9 ~ M C!) ~ Project Patterson Branch Sanitary Sewer Line -Walsh RancirMJ Fort Worth, Texas ENGINEERING INC. - Project No . 3 96-04-01 Boring No. B -10 Location Water Observations Station 43+21 Dry at completion Completion I Completion Depth 25.0' Date 4-7-04 t.:: "' u 0 t .D ci e >. ; u 0 Cl) Cl) ,_ - ,_ ,_ - ,_ ,-.5 _ .... '-r : =~ -, _L____III : _µ,- I-- ,_ - ,_ - :.15-P. ,_ - ,_ - ,_ - ,_ -~rr· -~- -2v I-- ,_ - .... - Surface Elevation 841.6 Type An2er Stratum Description SILTY CLAY . brown, w/ calcareous nodules . very stiff -grades gray and brown, 2' to 4' 837.6.-l-...,,-,,=-====---=--=-----------I LIMESTONE. tan, bard -very bard, T to 14' 827.6.-+-...,...,,=-==...,,.,,.=-----,--,----------l LIMESTONE. gray . very bard :25 ~ 816 .6_'-----------------------_ b-1 .. co Oc ... :a "#. ~ t. as 0 -.i ~ . u 0 :I: ~ ~ g 0 CV) -u . CXl CL. I-< :i c.:: ct!: ~ 13.2 c:i-" C~Cl'J !! ..r i::'::i 'E !!~ ac OU .,,B _...., 8 ~= ·-C ·-"' Oo C.o C O :, ~u :>...:i :>U~ 4.5+ 41 17 24 15 4.5+ 15 4.5+ 15 118 6280 3.5 19 00/1.25' 000/0.75 10010· ll00/0.25' ll00/0.25 0:: 0 CD ~l---,--'--..U..---'-------------------...J....-...1...-...1...---'---'---'--...L--.1---.L.._-L-_~ B-10 PLATE A.13 g LOG OF BORING NO. - liiii- -- - - - - - - ! § i <.> ~ (!) 9 9 l!l !') rMJ ENGINEERING INC . - Project Patterson Branch Sanitary Sewer Line -Walsh Ranclf Fort Worth, Texas Project No. 396-04-01 Location I Boring No. B-11 Water Obseivations Station 46+55 Dry at completion Completion Depth 20.0' I Completion Date 4-7-04 Surface Elevation Type u:: ] "' ., f C. e ; ., >. 0 Cl) en ~ --;I ---=r-1-- >-5 -r -:;I ---.--1--rr --~ -1:: .... -~ .... ----- -15-L i - ---.... - .... - -2: LL - 846.1 Auer Stratum Description 845 .1 Sn. TY CLAY, dark brown, w_l calcareous nodules and ·-I""\. limestone tramnents verv stiff to hard r LIMESTONE. tan, very hard 832 .6-1---....,.....-,,..-=-----,----,----------I LIMESTONE. gray, very hard 826 .1 ______________________ --- 4.5+ 100/0.5" 00/0.25" 100/0.5" 100/0.25 100/0" 0 0 M 0 ~~ "if!. '#. .:z .5 IJ... :5! ..: .2 _... -~ >< Cl.II > = ·--·--I> :i .!! .s-.s JL§ 11! ~Cl) ..J..J Cl.....l ~- 10 (!) ~ er 0 ID ... ~-.J......_..JU---L.-..-----------------...L---'---.,__ __ .______. _ __._ _ _,_ _ _.__.J......_L-.._--! 8 LOG OF BORING NO. B-11 PLATE ·A.14 0 -'l.....~------------------------------------------=--;___J - I l-o Cl .., :::;;: 0 ii: (!) 0 q ~ 396-04-0I I .W-12 -Fort Worth, Texas Location Water Observations Station 50+52.82 Dry at completion Completion Depth 20.0' I Completion Date 4-6-04 Surface Elevation 850.7 Type I-- ..... - I-- I-- ..... 5- ..... - ..... - I-- ..... - ..... - I-- ..... - -., O U .t::> ci E E >, m C/l (/) \ Stratum Description SIL TY CLAY. brown to dark brown, w/ calcareous nodules, very stiff -grades grayish brown, w/ limestone fragments. 4' to 7' -grades reddish brown and gray. stiff, 6' to 12' 838.7+-....,...,===-=-------------l LIMESTONE. tan 836.7+-....,...,=--=--=------,---,.--------l LIMESTONE. gray, very hard ,_ --~ 830 .7 ------------------------- -211 tr 4.5 18 4.0 18 4.5+ 19 4.5+ 19 4.5+ 14 2.5 15 112 2130 3.5 27 17 10 15 100/0.5 " B00/0.25' (!) z ii: 0 m u.. f--....1..--...U.----'----------------------'----'----'-----'----'-----'----''------''------''---.....J'------I g LOGOFBORINGNO. B-12 PLATE A.15 0 ..,.__ ________________________________________________ _ -- -- - - - - - - - I b (!) ~ ~ (!) 9 9 lll "' (!) Project Patterson Branch Sanitary Sewer Line -Walsh RancirMJ Fort Worth, Texas ENGINEERING INC . - Project No . 396-04-01 Location ' Boring No. B-13 Water Observations Station SS+oO Dry at completion Completion Depth 20.0' I Completion Date 4-6-04 ti 0 "' t.l -= ..0 C. C. a a t.l >-CII Q Cl) Cl) -------- -5 --~ ---~ -~ ~ -1: .... -i .... -.... - .... - -15 --.... - .... - Surface Elevation 853.8 Type Stratum Description Sll.. TY CLAY. dark brown to brown, w/ calcareous nodules, stiff -grades brown. w/ ironstone nodules. 3' to 6' -grades brown and gray. w/ limestone fragments , and abundant calcareous nodules . stiff to very stiff, 6' to 10' 843 .8+--=-==-====--------------1 LIMESTONE. tan 840 .8.+--=-==-====-----:--:---------1 LIMESTONE. gray. very hard 833 .8 ------------------------- ----. - -- -----·· ------- --· -. ~ 0 #- u 0 ~ ~ 0 0 ct!: .. t:IO N ~ti 0 = 0 te. -g .9 C' ..: :.a ;z:~ #-#-~ e..r i:' . C~V., ta.. al '2 ~~ rl! ~ • bl)O :§ )( :s = 08 = . ].~ .2..r -t.l :I: ~ ·-., ire ';;; t.l .,,_ -~ 0 c._ 0 Cl Cll "'> .sr.§ ·-= ·-"' gg5 :a.!! s-g Oo C..o _.,. ii: ::3 ::Eu ::i u ce a:l ll. !-< ll. Cl) ,_J,..J ll.-::> ,..J 3.0 26 2.75 23 98 2840 2.0 57 19 38 22 2 .25 22 2.5 21 3.5 18 2.5 18 100/0.25' 100/0.25' -----------· --------------·--·------- ~ 0: 0 m 1Ll---'--_..... __ __._ ___________________ __,_ _ ___. _ ___. __ __,....__.___.___,___,___,___,__ __ -f PLATE A.16 0 8 LOG OF BORING NO. -''-----------------------------------------------------' B-13 - - - - - - ! l-o C!) ~ u 2 C!) c;i ~ .., Project No. 396-04-01 Boring No . B-14 Project Patterson Branch Sanitary Sewer Line -Walsh RancfrMJ Fort Worth, Texas Location Water Observations Station 60+28.42 Dry at completion Completion I Completion Depth 20.0' Date 4-6-04 ..:::: iS. ... 0 ~ W& : -~ :5 ~f-T-1- : ~i!= rT :10-~h-J.. ----.... - ._ --,___.___... :-15 -~, ----,--µ -2:: E? Surface Elevation 864.0 Type Aueer Stratum Description SIL TY CLAY. brown and tan. w/ limestone fragments, 862 _0_+--=-==-vcry===su=·ff=-=to=-hard __ .......,,---,------------1 LIMESTONE. tan, very hard 855 .0.+--=-==-===-=-----:--:---------t LIMESTONE, gray. very hard 844 .0 ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4.5+ 4.5+ 100/0" 100/0" 100/0.5" ll00/0 .25 UOOI0.25 ENGINEERING INC . - 10 11 (!) z ii: 0 ID u.1---'---'--'-__ .,__ _________________ ...,__....,_ _ _,__ __ ..___,..___. _ __.__...,_ _ _,__....____--' ·PLATE A.17 0 g LOG OF BORING NO . B-14 ~ .i:li b (!) ~ (.) ... a.. (!) q ; Project No . 396-04-01 ' Boring No. Project rMJ ENGINEERING INC. - Patterson Branch Sanitary Sewer Line -Walsh Rancff B-15 Fort Worth, Texas Water Observations Location Seepage at 10' during drilling; water at 8.5' at complerion Station 64+93.06 Completion Depth 20.0' I Completion Date 4-6-04 Surface Elevation 866.1 Type Aueer ' ... -... - ,... - --1 I . -2'u-,nL..n-L--,v 1 tr Stratum Description SIL TY CLAY, dark brown, w/ calcareous nodules, very stiff -grades brown, w/ ironstone nodules, 4' to 7 -grades grayish brown, w/ abundant calcareous nodules and limestone fragments, very stiff, 7' to 9' -w/ sand scams, firm to stiff, 9' to 13' 853.1-1--------------------I LIMESTONE, gray, very hard 846 .1 "-_______________________ _ 3.5 26 4.0 23 4.0 20 3.5 21 2.5 21 4.0 38 16 22 14 1.5 IS 119 [00/0.25' WOI0.25' 1470 (!) z er 0 a, u. l---...1--..U...---'--------------------...J---'---..1---.1....--'----J---'--_._ _ _,__ _ _._ __ -l PLATE A.18 0 g LOG OF BORING NO. B-15 -, a. (!) 9 9 ~ Cl z Project No . 396-04-01 Boring No. B-16 Project Patterson Branch Sanitary Sewer Line -Walsh RancfrMJ Fort Worth, Texas Location Wat.er Observations Station 70+00 Dry at completion Completion Depth 15.0' Completion Date 4-6-04 -- Surface Elevation 870.5 Type Stratum Description SIL TY CLAY. dark brown, w/ calcareous nodules, stiff 3.0 2.75 2.0 2.5 ENGINEERING INC. - 29 29 28 94 3160 24 ~~ 2.0 62 18 44 24 - -5 ~ ... - -- -~ -- --1;; & --~ ~ ~ -- ---- --15:......1-W-..,.....1'-W i- -grades light brown, w/ abundant limestone fragments and calcareous nodules, 5' to 8' 2.5 14 862.5 SHALY CLAY. light gray and brown, w/ ironstains, very stiff to bard 4.5+ 15 859.5 LIMESTONE. gray, very bard 100/0" 855 .5_1------------------------ 2 0 ~I---.J_-LL--.L------------------...l--...1.--.L----''----'----L--1...-...l--..l.--l...----l PLATE A.19 0 g LOG OF BORING NO. B-16 - - .., a. C!) 0 c!; ~ M C!) z Project No . 396-04-01 Boring No. B-17 Project Patterson Branch Sanitary Sewer Line -Walsh RancfrMJ Fort Worth, Texas Location Water Observations Station 75+o0 Dry at completion Completion I Completion Depth 15.0, Date 4-6-04 u:: ] -5 E Q. >. I) 0 (/'J ._ - ._ - I-- "' I) ] "' (/'J ' Surface Elevation 880.5 Type Stratum Description CLAY. dark brown, w/ calcareous nodules, stiff to very stiff I 3.0 3.75 2.0 2.0 ENGINEERING INC. - 26 26 26 97 3040 26 ._ -2.5 67 20 47 24 ....... 5- ._ - -- ._ - II ._ - ._IO- '----._ - ._ -~ ....... 15 E? 874.5,-1,-....,.....-----------------1 SILTY CLAY, light brown, w/ calcareous nodules, stiff -w/ abundant calcareous nodules and large limestone fragments, stiff to very stiff; 9' to 13' 867 .5.-1-------------------l LIMESTONE. gray, very hard 865.5 .________________________ 2.5 24 3.0 14 100/0.5" a: 0 m u..1----'--.J...L.---'---------------------L---'---'----.L...--'----'--'---l...--'--.l---__J 8 . LOG OF BORING NO. B-17 PLATE A.20 0 ...,...._ ____________________________________________ __J - - - - - - - ... .... D. C, 9 ~ "' C, z i( Project No. 396-04-01 IBoringNo. Project r.MJ ENGINEERING INC . - Patterson Branch Sanitary Sewer Line -Walsh Ranclr B-18 Fort Worth, Texas Location Water Observations Station 82+50 Dry at completion Completion I Completion Depth 15.0' Date 4-6-04 ii ] f E u >, 0 Cf.) ------ -- -5- ..... - ..... - "' u C. E OS Cf.) Surface Elevation 891.9 Type Aue:er Stratum Description CLAY /Sll. TY CLAY. dark brown, w/ calcareous nodules, very stiff -grades light brown, 2' to 8' -w/ abundant calcareous nodules, stiff; 4' to 8' 883 .9-1--........,,-=,...,,.....-=-=-----,--,,-----------I LIMESTONE. tan, very hard 876 .9 ------------------------- 4 .5 25 3.5 24 3.5 43 16 27 15 4 .0 17 3 .0 17 2.0 23 102 2010 100/0" 100/0.25' 0 m ... f----'--........_ __ _,_ ___________________ __._ _ __._ _ __._ __ __. _ __.'-----''---''----''----''----''-----1 -PLATE A.21 0 g LOG OF BORING NO. B-18 ! b (.!) i (.J ~ 9 I 0 z Project No . 396-04-01 Project Patterson Branch Sanitary Sewer Line -Walsh RancirMJ Fort Worth, Texas Location Water Observations Station 9o+OO Dry at completion Completion Depth 15.0' I Completion Date 4-7-04 -"' .8 i E E >-.. rn rn --1 -- - - - -5- -- --,.-,, ,. --J,-.L :-r :-10 ~ I-- I-- =-15-~ - Surface Elevation 904.5 I Type Au2er Stratum Description CLAY/SIL TY CLAY. brown and dark brown, w/ calcareous nodules. very stiff 901.5-+--=--,,,--,==-=--:=-""'"-:-:-,.,.....,.-,------:-:,:-:----.,....--1 CALCAREOUS CLAY. light brown. reddish tan, and gray, w/ calcareous deposits. stiff to very stiff 898 .5-+-----=----------,,---,---------1 LIMESTONE. tan, very hard 889 .5 ___________ . -------------- 3.5 3.5 45 17 28 4 .5+ 3 .0 4.5+ 100/0" 100/0.25' ENGINEERING INC . - 17 18 14 15 17 117 12000 it 0 CII LLi---..L----lLI---L------------------...J---L--L----lL.....---1----l--.....l--...J---L--l.----l PLATE A.22 0 g LOG OF BORING NO. B-19 .., c.. (!) q ~ "' (!) z ~ Project No . 396-04-01 Boring No. B-20 Location Station 97+50 Completion I Completion Depth 15.0' Date 4-7-04 ii ] 4 .., I) "i5. Surface Elevation 909.4 Project Patterson Branch Sanitary Sewer Line -Walsh RancfrMJ Fort Worth, Texas Water Observations Dry at completion Type E ~ Q, >, I) Cl cn en Stratum Description ' -- 2.5 CLAY. dark brown, w/ some calcareous nodules, stiff 1.5 --1.5 --2.0 ENGINEERING INC. - 32 31 30 91 2310 29 --2.5 72 22 50 29 -5- 903 .4,-+--===-=:-:-::=-=-:.-:-:-=---:-:-:-:-----,--:------:--:----i sn. TY CLAY/CLAY. brown, w/ calcareous nodules and ironstone nodules, very stiff 898 .4,-------------------l LIMESTONE. tan, very hard 894.4 ------------------------- 3.0 26 3.5 26 I00/0.25 0 a) u..1-----'----.U...--.L-------------------'----'-----'---L-__.JL.....---1.---.J..--'----'----.L----1 PLATE A.23 0 g LOG OF BORING NO. B-20 SECTION 9 -ADDENDA NONE