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Home My WebLink AboutContract 43229EXECUTED COP� FORT�VORTH � �� ►�� o. �� SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LAKE WORTH DREDGING PROGRAM PHASE I DREDGING CITY PROJECT No. 0'1166 SEPTEMBER 2011 Tam Higgins Interim City Manager Betsy Price Mayor S. Franl� Crumb, P.E. Director, Water Department PREPARED BY: �� NICHQLS TBPE REG F-2144 O��iC1A1. REGOR� �� SE�R�TJ1Rlf FT� �R7'N, 77C ''�-`�_12 A1�; �8 IN M&C Review CITY COUNCIL AGENDA Page 1 of 3 Official site of the City of Fort Worth, Texas FoR�V4'o�ri� -�'�- COUNCIL ACTION: Approved on 1/10/2012 - Ordinance Nos. 20049-01-2012 & 20050-01-2012 DATE: 1/10/2012 REFERENCE C-25402 NO.. CODE: C TYPE: NON- CONSENT LOG NAME: PUBLIC HEARING: 60LAKE WORTH DREDGING PHASE I NO SUBJECT: Authorize Execution of a Contract with Great Lakes Dredge and Dock Company, LLC, in the Amount of $12,496,904.00 for Phase 1 of the Dredging of Lake Worth and Sediment Disposal and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Lake Worth Gas Lease Capital Improvement Fund by $13,380,326.00 from Gas Well Revenues; 2. Authorize the transfer of $13,380,326.00 from the Lake Worth Gas Lease Capital Improvement Fund to the Water Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of 13,380,326.00; and 4. Authorize execution of a contract with Great Lakes Dredge and Dock Company, LLC, for Phase 1 of the dredging of Lake Worth and disposal of sediment in the amount of $12,496,904.00. DISCUSSION: On January 8, 2008, the City Council amended the Gas Well Revenue Distribution Policy to allow for revenues derived from lease bonuses and royalties from properties in and around Lake Worth to be used for the execution of the 2007 Lake Worth Capital Improvements Implementation Plan. The major project designated in this plan is the dredging of designated areas of Lake Worth to enhance water quality and recreational opportunities. This contract shall be for Phase 1 of the plan. Phase I includes the general recreational use areas north and west of Interstate Highway (IH) 820. The Water Department will seek approval of another contract for Phase 2 to dredge the remainder north and west areas and those areas east of IH 820. Phase 1 of this project will be funded with Gas Lease Revenue Funds in an amount of $13,380,326.00. The proposed contract with Great Lakes Dredge and Dock, LLC, will include the dredging of 1,765,000 cubic yards of Lake Worth, disposal of the sediment from the dredging activity at a Texas Commission on Environmental Quality (TCEQ) permitted facility owned and operated by Silver Creek Materials, Inc., and select tree stump and hazard removal in the Phase I areas of Lake Worth. The project was advertised in the Fort Worth Star-Telearam on September 1, 2011 and September 8, 2011. On October 13, 2011 the following bids were received: http://apps.cfwnet.org/council�acicet/mc_review. asp?ID=16280&councildate=l /10/2012 1 /23/2012 M&C Review Page 2 of 3 BIDDER BASE BID �A�TERNATE �TOTAL Great Lakes Dredge and Dock $11,007,044.00 �1,489,860.00 $12,496,904.00� APOLLO Environmental $11,807,390.00 $1,783,560.00� $13,590,950.00 � Dredge America $12,019,171.00� $1,615,350.00 $13,634,521.00 Oscar Renda $12,981,340.00 $1,489,860.00 $14,471,200.00 Manson Construction $19,504,319.00�$2,103,960.00 $21,608,279.00 King Fisher $18,726,129.48 �$3,668,580.00 $22,394,709.00� Sullivan �and Services $24,421,540.00 $3,145,260.00 $27,566,800.00 � Pine Bluff Sand and Gravel �$29 099,140.00 $2,985,060.00 $32,084,200.00 Company In addition to the contract price, $733,422.00 is needed for project management and security, and $150,000.00 is needed for change orders. Great Lakes Dredge and Dock Company, LLC, is in compliance with the City's M/WBE Ordinance by committing to two percent M/WBE participation and documenting a good faith effort. Great Lakes Dredge and Dock Company, LLC, identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is six percent. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current capital budgets, as appropriated, of the Lake Worth Gas Lease Capital Improvement Fund and the Water Capital Projects Fund. TO Fund/Account/Centers 3) P253 511010 607560116680 � P253 541200 607560116683 1 &2Z C246 446200 601159990100 1 &2� C246 538070 601159990100 1 &2Z C246 446100 601159990100 2&3� P253 472246 6075601166ZZ $733,422.00 $12,646,904.00 $3, 380, 326.00 $13,380,326.00 $10,000,000.00 $13,380,326.00 FROM Fund/Account/Centers $13,380,326.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: 1 &2� C246 538070 601159990100 � P253 541200 607560116683 Fernando Costa (6122) S. Frank Crumb (8207) $12,496,904.00 http://apps.cfwnet. org/council�acicet/mc_review.asp?ID=16280&counciidate=l / 10/2012 1 /23/2012 M&C Review Paul Bounds (8567) ATTACHMENTS 60 Lake Worth Dredging Phase 1(Phase 1 Dredginq Areas).pdf 60LAKE WORTH DREDGING PHASE 2.msq 60LAKE WORTH DREDGING PHASE I C246 A012.doc 60LAKE WORTH DREDGING PHASE I P253 A012.doc Page 3 of 3 http://apps.cfwnet.org/council�acicet/mc_review. asp?ID=16280&councildate=l / 10/2012 1 /23/2012 � Z a e O �,_ F- � b gm = d o` F o` � orr m3a � �a s� _= F9 -o@e "`a3� :e��.- �� e �� i i� i�iiiii�iii �ii�ti'ti ii ii ii ii : � .: =' ��iii�i'�ii �oi��i'�i ii ii ii ii � � ��iiiiiii�iii ,�i�'i�ti � ii ii ii _�� i,�i��ii��iii „��i��i ii ii ii ii � �� = iiiii'i,�ii ,i'��it'i ii �i ii ii • 1 "�'�I��'��I „"�'�" 'I �' � II � • '��I�'��1I ,�'I1I11' 1' �I 'I I' • , � I�II"I�'��1' ��I�1"�I 1I �' 'I " � �� • ' • �� , � � ' �� ' � � � , � . ■ , , , � • . �. - ,. . . . ' . ,.�,. •,.�,.�, . 1 1. , SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LAKE WORTH DREDGING PROGRAM PHASE I DREDGING CITY PROJECT No. 01166 r- � CITY OF FORT WORTH TARRANT COUNTY, TEXAS � �epternber 20'I 1 1 hereby state fihat these Contract Documents for Phase I Dredging were prepared under my direct supervision and that i am a duly Registered Professional Engineer under the laws of the State of Texas. ��.�� E OF T��1 : �Po�°°m000mo F�- 11 � � oo -o� 9s �� o a *o o��/ � mo��aaam00000mm000m0000aom � / RONALD G. KING / �/��o�o�, 81073�om �% �' � ' � � 0 0 �l'��SFc! sTE�� a\�_ /,�I��fVAL E�G� ��\��`'� �/, i�� 7/ / FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 �'-� - �i 'i -1 � �A �l `) : :; � I i�J �lJ TABLE OF CONTENTS 1 — Project Information � 1.1 — Title Page ❑ 1.2 — Location Maps 2 — Front End Documents 3 — MWBE Documentation 4 — Bid Package 5— General and Special Conditions 2.1 — Table of Contents � 2.2 — Notice to Bidders ❑ 2.3 — Comprehensive Notice to Bidders � 2.4 — Special Instructions to Bidders (Water Dept.) � 2.4A — Additional Special Instructions to Bidders ❑ 2.5 — Special Instruction to Bidders (paving-drainage) � 2.6 — Scope of Work and Detailed Project Specifications � 3.1 — MWBE Special Instructions � 3.2 — MWBE SubcontractorslSuppliers Utilization Form � 3.3 — MWBE Prime Contractor Waiver � 3.4 — MWBE Good Faith Effort � 3.5 — MWBE Joint Venture � 4.1 — Bid Proposal Cover & Signature Sheets � 4.2 — Bid Proposal�s) ❑ 4.3 — Green Cement Policy Compliance Statement � 4.4 — Bid Item Description � 4.5 — Vendor Compliance to State Law � 5.1 — Part C General Conditions (water—sewer) � 5.2 — Supplementary Conditions to Part C (water— sewer) � 5.3 — Part D — Special Conditions (water — sewer) � 5.4 — Part DA — Additional Special Condition (water — sewe r) � 5.5 — Part E Specifications ❑ 5.6 — Special Provisions (paving - drainage) � 5.7 - Compliance with and Enforcement of Prevailing Wage Rates � 5.8 —Wage Rates Rev 2-2-10 TAB�E OF CONTENTS 6— Contracts, Bonds and Insurance 7 — Permits — NOT USED 8 — Easements — NOT USED 9 — Reports — NOT USED 10 — Addenda � 5.9 — Standard Details (water- sewer) ❑ 5.10 — Standard Details (paving- drainage) � 6.1 — Certificate of insurance � 6.2 — Contractor Compliance With Workers' Compensation Law � 6.3 - Conflict of Interest Questionnaire � 6.4 - Performance Bond � 6.5 - Payment Bond ❑ 6.6 - Maintenance Bond � 6.7 — City of Fort Worth Contract ❑ 7.1 — TxDOT Permit(s) ❑ 7.2 — Railroad Permit(s) ❑ 7.3 — Other Permit(s) ❑ 8.1 — Easement ❑ 8.2 — Temporary Right of Entry. ❑ 9.1 — Geo-tech Report(s) ❑ 9.2 — Cathodic Protection Study Report ❑ 9.3 — Other Project Specific Study Report(s) ❑ 10.1 Addendum Rev 2-2-10 • • : �� • Sealed proposals for the following; LAKE WORTH DREDGING PROGRAM Phase I Dredging CITY PROJECT No. 01166 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1:00 PM, Thursday, September 29, 2011 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthqov.orq/purchasing/ and clicking on the project link. This link wili take you to the adverfised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. The contract documents, including plans and specifications for the project can also be found at the following web site: http://construction.freese.com. Contract Documents and supporting documents may also be downloaded or viewed free of charge at this web site. Printed copies of the Contract Documents may be purchased at the website for the cost of printing. The cost for printed Contract Documents is not refundable. The major work will consist of the (approximate) following: Base Bid - Dredge Area B= Approx. 36,000 CY Dredge Area C1 = Approx. 191,000 CY Dredge Area F= Approx. 11,000 CY Dredge Area H= Approx. 724,000 CY Dredge Area 1= Approx. 368,000 CY Dredge Area J= Approx. 168,000 CY Provide Disposal of Dredged Materials Alternate Bid - Dredge and Disposal Area C2 = Approx. 267,000 CY 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 wiil be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment pracfices. Bid security is required in accordance with the Special Instruction to Bidders. The City of Fort Worth reserves the right to reject any and/or ali bids and waive any and/or ail formalities. Rev 2/2/10 TPW NB-1 NOTICE TO BIDDERS No bid may be withdrawn until the expiration of one hundred twenty (120) days from the date bids are opened. The award of contract, if made, will be within one hundred twenty (120) 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 PROPOSAL. form. Bids that do not acknowledge receipt of ali addenda may be rejected as being non-responsive. All addenda will be made available on-line with the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda. It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid. Bidders must complete the PROPOSAL section, including the "Vendor Compliance to State Law", and submit these executed documents or face rejection of the bid as non-responsive, In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business errterprises 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 WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/orthe JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City of Fort Worth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the 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. All bidders are required to undergo special pre-qualification for this project. Existing contractor pre- qualification with the Fort Worth Water Department is not acceptable for this project. The procedure for this special pre-qualification is outlined in the "Additional Special Instructions to Bidders". SUBMISSION OF BID AND AWARD OF CONTRACT 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. For additional information, please contact Paul Bounds, Project Manager, Water Department at 817-392-8567 or by email: paul.bounds@fortworthgov.org. A pre-bid conference will be held on Thursday, September 15, 2011, at 8:30 a.m., at the offices of Freese and Nichols, Inc., Ground Floor Training Room, 4055 International Plaza, Fort Worth, Texas, 76109. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference. TOM HIGGINS INTERIM CITY MANAGER MARTY HENDRIX CITY SECRETARY By; Paul Bounds Project Manager, � Water Department Advertising Dates: September 1, 2011 September 8, 2011 Rev 2/2/10 TPW NB -2 SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids, This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibitity to submit the foilowing documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement rec�uired shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking quaIification 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. fl Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City wiii attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid snbmitted must accompany the bid, and is subject to forfeiture in the event the successfiil bidder fails to execute ihe Contract Documents within ten (10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas, In addition, the surety must (1) hold a certificate of authority &om the Untied States secretary of the treasury to qualify as a surety on obligations perinitted 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, Reference C 3-3.7. 09/10/04 4. WAGE RAT�S: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the constniction 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 Righl to Audit, under paragraph L of Section C 1: Supplementary Conditions To Part C — Gerieral 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 arnbiguity 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. BIDD�R LICENS�: Bidder must be a licensed Contractor in the State oFTexas. 7. NONR�SID�NT 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 disgualify 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 or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor fiirther covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their beha]f, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age liinit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it wiil 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' aileged 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 ihe 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. I l. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m,, five (5) City business days after the bid opening date, The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made, Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding achial 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 achial work performed by an MB� 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 negligant 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 wi11 receive full payment (less retainage) from the city for each pay period. 09/10/04 b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. a 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 shail make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 09/10/04 4 ADDITIONAL SP�CIAL 1NSTRUCTIONS TO BIDDERS A. SPECIAL INSTRUCTIONS TO BIDDERS Item 1 shall be replaced in its entirety with the following: 1. SPECIAL PREOUALIFICATION REQUIltEMENTS. All contractors submitting bids are required to meet the Fort Worth Water Department special pre-qualification requirements for this project prior to submitting bids. Previous prequalification by the Fort Worth Water Denartment �vill not be considered as meeting this requirement. This one-time special project-specific process will prequalify potential bidders whose bids will be considered for award based upon technical evaluation, historical schedule compliance evaluation, evaluation of proposed manager and project superintendentt It is the bidder's responsibility to submit documentation for those items listed below, to the Director of the Water Department or his designated representative, at least fourteen (14) calendar days prior to the date of bid opening. The Water Department may request any other documents it may deem necessary. Any additional documents so requested shall be submitted to the Director of the Water Department or his designated representative at least seven (7) calendar days prior to the date of the opening bids. a) COVER LETT�R. The cover letter provided by the prospective bidder with the prequalification information must include the name of a contact individual that the City may contact for additional information if needed. b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid peimit issued by an appropriate State licensing agency and shall have been so prepared as to 'reflect the financial status of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. c) EXPERIENCE RECORD. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the �rm seeking qualification in the work of both tl�e same nature and technical level as that of the project for which bids are to be received. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person name, telephone number, project name and total cost, and type of work done. d) EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the Contractor subrnits a bid. e) PERSONNEL AND SCHEDULE COMPLIANCE RECORD. The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. Tl�is information shall include a list of all projects that the proposed project manager and project superintendent completed within the last five (5) years to demonstrate ability to manage large scale dredging projects of 1 million or more cubic yards, regardless of by whom they were employed. Provide list of contact persons for all projects (preferably field inspectors or resident engineers) with names and phone nttmbers for the last five years' project. fl AFFADAVIT FROM SURETY COMPANY: The prospective bidder shall provide an affadavit fi•om its surety company stating the surety company's intent to bond the project at the bid price. In the event the Bidder on this contract is a Joint Venture, financial statements from each joint venturer shall be submitted for prequalification, as well as the experience record and list of equipment of each joint venturer, The iinancial statements required shall have been pi•epared by an independent certified public accountant or independent public accountant holding a valid license issued by an appropriate State licensing agency and shall have been so prepared as to reflect the iinancial status of the each joint venturer. The statements must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. It is not required that each joint venturer shall have the necessary experience and equipment, rather that combined, the joint venture has the required exparience and equipment. Upon request, the joint venture agreement shall be subtnitted for review, The Water Depai�tment will review each pce-qualification submittal. The following conditions will apply: a) The Director of the Water Department shall be the sole judge as to the acceptability for financial, experience and other qualifications to bid on any Fort Worth Water Department project. b) The City, in its sole disci•etion, may reject a bid for failure to demonsti•ate acceptable performance, experience and/or expertise. c) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered, d) Tha 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 pre- qualifications. For additional information coirtact Paul Bouuds, Fort Worth Water Department at (817) 392-8567 (FAX 817-392-6828). Pre-qualification submittal should be sent to: Mr. Paul Bounds Fort Worth Water Department 1000 Throckm�orton Sti•eet Fort Woi�th, TX 76102-6212 B. SPECIAL INSTRUCTIONS TO BIDDERS Item 3 and SECTION C 1 Item I— A maintenance bond will not be required for this project, but a performance bond and a payment bond will be required. PART SW -- SCOPE OF WORK AND DETAILED PROJECT SPECIFICATIONS SW-1. OVERALL PROJECT GENERAL DESCRIPTION A. GENERAL PROJECT DESCRIPTION: The City of Fort Worth plans to conduct a program to dredge the Lake Worth reservoir, and to dispose of these dredged materials offsite. It is the intent of the City to dredge the reservoir in two phases, with this project being Phase I, The Contractor shall provide all materials, equipment, personnel, pumping, piping, and all other items necessary to perform the Phase I dredging and disposal services. The Contractor shall subcontract with Silver Creek Materials, in accordance with the City's pre-purchase agreement with them, to provide disposal services, and Silver Creek Materiais shall be subject to the Contractor. The Contractor is responsible for all scope of work for disposal and adherence to the disposal specification requirements, including ail work by Silver Creek Materials. These disposal services shall be provided at the unit prices bid by Silver Creek Materials in accordance with the pre-purchase agreement. The "Specifications and Documents for Lake Worth Dredging Program Dredge Material Disposal Pre-Purchase Agreement — May 2011" and the Letter of Agreement with Silver Creek Materials shall be incorporated herein as if written in their entirety, and complied with. If accepted by the City, the Contractor may utilize a belt press rapid dewater disposal method. The Contractor will be required to either dispose of all materials at the Silver Creek Materials site or dispose of all materials by rapid dewater method (if accepted by the City). B. DREDGING LOCATIONS AND VOLUMES: The construction plans show and detail the areas that are to be dredged with this project, including both base bid and alternate bid locations. The dredge excavation shall be to the lines and grades indicated in the construction plans. Volumes for measurement and payment quantities for both dredging and disposal shall be defined by in-lake pre-dredge and post-dredge soundings of the lake floor surface, These soundings will be perFormed by the City on a monthly basis. The measurement and payment volume will therefore be the volume of space between the pre-dredge lake floor surFace and post-dredge lake floor surface. However, no over-excavation below the 584' finished grade elevation indicated in the construction plans shall be considered for pay volume. Although bulking and consolidation factors may need to be considered by the Contractor for construction means and methods, those factors will not be considered with the measurement and payment quantities. A summary of the anticipated dredge volumes (per volume definition above) for each area follows. Final calculated volumes may be different based upon the bathometric surveys: Area Anticipated Dredge Volume (CY) PART SW - SCOPE OF WORK AND DETAILED PROJECT SPECIFICATIONS C B 36,000 C1 191,000 C2 (Alt, 267,000 Bid) F 11, 000 H 724,000 1 368,000 J 168,000 Total: 1,765,000 DREDGE MATERIALS CHARACTERIZATION: Chemical and geotechnical studies of the soil materials to be dredged have been conducted. The full reporfs for these studies are in separate documents, but will be provided to bidders. The chemical characterization study of the sediment revealed that the materials tested appear to be suitabie for disposal and beneficiai reuse. However, results of the chemical and geotechnical tests oniy apply to the material tested, and at the time it was tested, No expressed or implied interpretation of the results for materials outside the test locations is intended by the studies. The Contractor shall satisfy himself as to the adequacy of the test resuits for his construction purposes, and shall be responsible for any and all other tests necessary to charac#erize the whole of the dredge materials for dredging and disposal purposes. The City may perForm various characterization tests of the dredged materials throughout the construction project; however, this in no way relieves the Contractor of the testing requirements. The geotechnical study provides analysis of physical characteristics of soils sampled in the proposed dredge areas. These properties are used to determine bulking, consolidation, and settlement characteristics of the dredged materials. it has been determined by this testing that some of the dredge areas are in sediment materiais that have settled out in the areas after the lake was constructed, and some of the dredge areas are in native ground materials that existed prior to construction of the lake. The subsurface soils at the site generally consist of a mix of very soft to stiff low and high plasticity clays, sandy clays, and silty sandy clays, and very loose to dense sands and clayey sands. The dredging and excavation operations will encounter other non-soil materials that shall be removed. These may include trash, debris, trees, logs, stumps, roots, root masses, minor vegetation, rock, gravel, and structures. The City anticipates that some logs and stumps that are low in the lake will not be removed, and the Contractor will be required to coordinate with the City which stumps and logs to remove. SW-2. SCOPE OF WORK A. DISPOSAL OPERATIONS: The scope of work for disposal operations shall be as detailed in the "Specifications and Documents for Lake Worth Dredging Program Dredge Material Disposal Pre-Purchase Agreement — May 2011 ". If rapid dewater method is PART SW - SCOPE OF WORK AND DETAILED PROJECT SPECIFICATIONS proposed by the Contractor and accepted by the City, the following requirements shall apply: 1. The rapid dewater setup shall be staged at the staging area near Casino Beach indicated in the construction plans. The layout shall be such that it does not interfere with public access to the public boat ramp and associated parking area. 2. A minimum 6' chain link fence with barbed wire on top shall be provided around the dewatering operations, including any stockpile. 3. Only one stockpile of material will be allowed, and it shall be no larger than 150' x 150' by 5' tall. 4. Decant water frorn any stockpile shall be contained into a controlled area, and erosion and sediment control measures shall be provided to control decant water from any stockpile. Decant water samples shall be collected downstream of the stockpile and tested on a daily basis, and shall meet the return water quality requirements listed below. 5. Return water samples shall be collected downstream of the rapid dewater equipment and tested on a daily basis, and shall meet the return water quality requirements listed below. 6. A detailed plan (layouts and work plan) of the proposed rapid dewater operations, inciuding disclosure of proposed disposal site and proposed haul route, shall be submitted to the City for approval. 7. All dewatered material shall be removed from the site and disposed of in an appropriate manner, and shall not be disposed of on City of Fort Worth property. 8. Contractor shall abtain all necessary permits for disposal. : �: � •- -� • 1. Contractor shall design, provide and install all facilities associated with the dredging operations, including but not limited to dredge barge and pumps, booster pump station(s), rapid dewater operation, dredge material delivery pipeline, return water pipeline, and return water pump station. Construction items for which details are provided in these documents (underground piping, road repairs, etc.) shall comply with the provided details. 2. The Contractor's dredging operations shall not exceed the flow rate and volume capacity requirements listed in the "Specifications and Documents for Lake Worth Dredging Program Dredge Materiai Disposal Pre-Purchase Agreement — May 2011", unless it is proven by the Contractor and disposal site owner that additional capacity is available. 3. Contractor shali only stage or store within the allowable areas indicated on the construction plans, except where allowed by the City in writing. The Contractor's plan for use of these areas shall be submitted for City approval. 4. Contractor shall maintain public access to all public boat ramps, roads, drives, trails, and sidewalks. Any short-term closures shall be closely coordinated with the City, and shall only occur at times approved by the City. 5. All land areas disturbed by construction shall be grassed in accordance with the specifications. 6. Contractor shall submit for approval a traffic control plan for any construction or mobilization operations that impact traffic on public streets or highways. 7. All piping, equipment, and appurtenances shall be removed at the end of the project, except where plugging and abandonment is allowed per the construction PART SW - SCOPE OF WORK AND DETAILED PROJECT SPECIFICATIONS plans. All permanently installed materials that will be left after construction shall comply with the City of Fort Worth's approved products list, 8. The dredge material delivery pipeline and return water pipeline shall be installed and maintained within the corridor indicated in the construction plans. It is anticipated that the pipelines will be installed above ground, but they shall be installed underground at the locations indicated on the construction plans in accordance with the provided detaiis. 9. No trees 6" diameter and greater shall be removed or damaged within the pipeline corridor or staging areas, except as specifically stated in the plans. No trees at all shall be removed or damaged within the City Park areas. 10. Contractor shall provide adequate fence protection around all pump stations and staging areas. 11. Contractor shall be responsible for coordinating, obtaining, and paying for any electrical or other services needed for any operations required for this project. 12. Contractor shall provide noise mitigation for all machinery and equipment used for this project. Contractor shall provide a noise mitigation plan to the City for approval. The ambient noise levei from any machinery or equipment shall not exceed 65 d6 during the day (7;00 a,m, to 7:00 p.m.) and shall not exceed 40 dB during the night (7:00 p.m. to 7:00 a,m.). 13. Contractor shall provide and utilize a silt curtain in the lake at the areas of active excavation to prevent silt plumes into the lake. 14. All safety within the project site is the contractor's responsibility. Contractor shall prepare and submit an in-lake safety plan, and.shall install and maintain in workable order all necessary safety devices, signs, buoys and lighting. The following at a minimum shall be provided: a. In-lake pipelines shall be lowered to the lake floor for a minimum of 1,000' width with a maximum space of 2,000' between lowerings to aliow for safe passage of watercraft. The openings shafl be fulfy navigable with a minimum depth of 6' of water. b. Clear and strategically placed hazard signage, buoys, and lighting shall be provided for adequate warning for watercraft approaching from all directions. c. Watercraft-channelizing buoys and colored lighting shall be provided to indicate safe passage locations for watercraft. Lighting shall be of sufficient size to be clearly visible to watercraft operators during both daytime and nighttime. Lighting shall be kept on both daytime and nighttime, d. No-swimming, no-fishing, and no watercraft warning signs shall be placed at necessary locations. e. Contractor shali place 5' x 5' minimum informational signs at all public boat ramps of the lake, in addition to the required project identification signs. 7he signs shall show the overali lake with critical roads, public ramps, and public parks called out, overall project, locations of lowerings of in-lake piping for watercraft access, and listing of warnings and instructions concerning the project operations. f. All in-lake safety devices shall be as approved by the U,S. Coast Guard. g. See plan general notes for additional requirements near private docks. C. RETURN WATER QUALITY REQUIREMENTS: The disposal operations shall result in release of return water at the Disposal-to-Dredger delivery point, and at the rapid EXHIBIT A REVISED SW-2- SCOPE OF WORK D. DREDGED MATERIAL TESTING REQUIREMENTS: 1. The Contractor shall conduct dredged material testing, as described in this section, in order to verify that dredged material is suitable for unrestricted beneficial reuse. 2. The Contractor shall collect one sample of material per every 25,000 cubic yards of lake sediment to be dredged. This testing shall be performed in situ by the Contractor. Sample locations shall be collected from each of the Sediment Removal Areas described in Item SW-1:6 of this specification with the number of samples collected from each area determined by the estimated volume of sediment to be dredged from each area. 3. Samples shall be analyzed for the foltowing chemicals of concern (COCs) by the appropriate SW-846 method that meets Texas Risk Reduction Program (TRRP) data quality requirements: a. Priority pollutant metals 1. Antimony 2. Arsenic 3. Beryllium 4. Cadmium 5. Chromium 6. Copper 7. Lead 8. Nickel 9. Selenium 10. Silver 11. Thallium 12. Zinc 13. Mercury b. Chlorinated Herbicides c. Organochlorine Pesticides 4. Samples shall be collected in accordance with standard professional practice for environmental sampling using containers provided by the laboratory in a manner that prevents cross-contamination of samples. 5. Samples shall be analyzed by a NELAC-accredited environmental laboratory acceptable to the City. Results shall be submitted to the City for review and evaluation. 6. The City will compare sample results to previous sampling results documented in the Lake Worth Dredging Project Sediment Characterization Report (dated April 2011), protective concentration limits (PCLs) and Texas-specific background concentrations established under the TRRP (Title 30, Chapter 350 of the Texas Administrative Code) for residential land use. Statistical comparisons consistent with those used in the �ake Worth Sediment Characterization Report may be utilized. 7. If any COCs exceed their groundwater protection PCL and their Texas- specific background concentration (applies to metals only), the Contractor shall immediately notify the City and conduct additional analysis of those samples for the elevated COCs by the Synthetic Precipitation Leaching Lake Worth Dredging Contract-Phase 1 13 of 14 CRR Execution Copy 051112 Procedure (SPLP). SPLP results shall be compared to PCLs for groundwater ingestion. The Contractor shall immediately notify the City of results from SPLP testing. if SPLP resuits are below PCLs for groundwater ingestion, the sediment from which those samples originated will be considered acceptable for unrestricted reuse. 8. The Contractor shall provide copies of all laboratory analytical results to the City for record files within 7 days of the date the Contractor receives those results from the laboratory. 9. The City shall determine if any proposed dredging areas contain sediment that is unacceptable for unrestricted reuse. If such areas are found, the City may pertorm additional sampling in those areas to further define the extent of unacceptable sediment. Locations confirmed to contain sediment that is not suitable for unrestricted reuse will be removed from this scope of work. 10. The City shall provide the Contractor with a written evaluation of sample results for the Contractor's concurrence, which shall not be unreasonably withheld. !.ake Worth Dredging Contract-Phase 1 14 of 14 ';RR Execution Copy 051112 PART SW - SCOPE OF WORK AND DETAILED PROJECT SPECIFICATIONS dewater operation (if a(lowed), with a maximum of 300 mg/L Total Suspended Solids. The Silver Creek Materials approved Testing Laboratory shall test the return water at these locations a minimum of once per day during dredge disposal operations. The City reserves the right to access the operational sites as needed to obtain its own samples for testing. In no way does City sampling and testing relieve the Contractor of the required testing. In case of conflicting testing results between the Contractor's lab and the City's, the City's results shall govern. D. DREDGED MATERIAL TES7ING REQUIREMENTS: 1. The Contractor shall conduct dredged material testing, as described in this section, in order to verify that dredged material is suitable for unrestricted beneficial reuse. 2. The Contractor shall collect one sampie of dredged material per every 25,000 cubic yards of lake sediment dredged. Sampies shall be collected from dredged material from the Silver Creek Materials site where dewatering occurred onsite. If rapid dewatering operaiions are ailowed, samples shall be collected from the dewatered sludge. 3. Samples shall be analyzed for the following chemicals of concern (COCs) by the appropriate SW-846 method that meets Texas Risk Reduction Program (TRRP) data quality requirements: a. Priority pollutant metals 1. Antimony 2. Arsenic 3. Beryllium 4. Cadmium 5. Chromium 6. Copper 7. Lead 8. Nickel 9. Selenium 10. Silver 11. Thallium 12. Zinc � 3, Mercury b. Chlorinated Herbicides c. Organochlorine Pesticides 4. Samples shall be collected in accordance with standard professional practice for environmental sampling using containers provided by the laboratory in a manner that prevents cross-contamination of samples. 5. Samples shall be analyzed by a NELAC-accredited environmental laboratory acceptable to the City. 6. Sampies results shall be compared to protective concentration limits (PCLs) and Texas-specific background concentrations established under the TRRP (Title 30, Chapter 350 of the Texas Administrative Code) for residential land use. 7. If any COCs exceed their groundwater protection PCL and their Texas-specific background concentration (applies to metals only), the Contractor shall immediately notify the City and conduct additional analysis for that COC by the Synthetic Precipitation Leaching Procedure (SPLP). SPLP results shali be PART SW - SCOPE OF WORK AND DETAILED PROJECT SPECIFICATIONS , compared to PCLs for groundwater ingestion. The Contractor shal) immediately notify the City of resuits from SPLP testing. 8. The Contractor shall provide copies of all laboratory analytical results to the City for record files within 7 days of the date the Contractor receives those results from the laboratory, E. SUBMITTAL REQUIREMENTS The following submittals shall be required from the Contractor, in addition to those indicated on other specification sections: a. Ail construction phase submittals for the disposal site as indicated in "Specifications and Documents for Lake Worth Dredging Program Dredge Material Disposal Pre-Purchase Agreement — May 2011" b. In-lake dredging layout and phasing plan c. Detailed Project Schedule d. Proposed staging area locations e, In-lake safety plan f. Traffic control plan g, Rapid dewater operations plan (if applicable), including disclosure of proposed disposal site h. Noise mitigation plan i, Spill containment contingency plan j. Haul routing plan k. In=lake and on-land pipeline/anticipate pump station plans I, Trench safety pian m, Copies of SWPPP, NOI, and NOT n. Pre-construction video o. Lake/Land interface shop drawing p, Testing Reports � f^ � � ._ �� 3 — MWBE Documentation � 3.1 — MWBE Special Instructions � 3.2 — MWBE SubcontractorslSuppliers Utilization Form � 3.3 — MWBE Prime Contractor Waiver � 3.4 — MWBE Good Faith Effort � 3.5 — MWBE Joint Venture ' . . . ,; � . �; ` �� Fo�T �To� City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL lNSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total doliar value of the contract is $25,000 or more, the M/W8E goal is applicable. If the total dollar value of the contract is less than $25,000, the M/VUBE goal is not appiicable. 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 ali goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. i�t1�lE3� PROJ�C'T G��LS The City's MNVBE goai on this project is _, �_,°/a of the tofai bid ¢�a f�-as��n�e�-��-sa�}. COMPLIANCE TO BID SPEGIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of fhe City's M/WBE Ordinance by either of the foilowing: 1. Meet or exceed the above stated MIWBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; ' - 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The appiicable documents must be received by the Managing Department, within the folfowing times aliocafed, in order for the entire bid to be considered responsive to the specifications. ,Th6 C�fferot shall t1�liVer th� M�S1B� tloCitmentatio,n in person tn fhe ��prop��iate emPloyee af the man�ging deparim�nt;and oht�lr� �,dai�l�+m� X�aelpR�''Suatt,t�cef�� shall be evirfarmc:e thai flie �lty r�celved the doctarnentatlon iti the tir��e allocated. A fa,xed cci�y avrllf t�bi b�:acoept�ci,'; 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 Subconiractor 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 MlWBE articipation: opening date, exciusive of the bid opening dafe. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.rn., five (5) City business days after the bid perform ali subcontracting/supplierwork: opening date, exciusive of the bid opening 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 COMPLY WITH THE CITY'S MNVBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS i�ny questions, pisase coniaci the �IlMlSE Oifice at (8�17) 392-6104. Rev. 11 /1/OS ; i i ' ATTACHMENT1A ' Page 1 of 4 FORT WORTH City of Fort Worth � Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check appiicable block to describe prime PROJECT NAME: M/W/DBE NON-M/W/DBE BID DATE City's MIWBE Project Goal: Prime's MIWBE Project Utilization; PROJECT NUMBER % % Identify all subcontractors/suppliers you will use on this project Failure to complefe this form, in its entirety with requested documentation, and received by the Managing ' _ Departmen# on or before 5:00 p,m. five (5) City business days after bid opening, exclusive of bid open,ing date, will result in the bid being considered non-responsive to bid specifica#ions. The undersigned Offeror agrees to enter into a forma( agreement with the M/WBE firm(s) listed in this utilization 'schedule, conditioned upon execution of a contract with th,e Ci#y of :Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketptace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. ' Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1S` tier, a payment by a subcontractor to _ its supplier is considered 2"tl tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services ar,e uiilized, the prime will be given credit as long as #he M/WBE listed owns .and operates at least one fully licensed and operational truck to be used on the contract. The M./WBE may lease trucks from another M/WBE firm, including M/WBE owner=operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, includi.ng owner-operators, ,but will only receiye credit. for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 � ATTACHMENT1A FORT WORTH Page 2 of 4 --�.''�r-- Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MIWBEs. Please list M/WBE firms first, use additionai sheets if necessary. Certificatfon N (check one) ° SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M W � X M Subcontracting Work Supplies Purchased Dol(ar Amount Telephone/Fax '' B B R 0 B E E C T E A Rev. 5i30/03 i FoR_ r� H ATTACHMENT1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list MlWBE firms first, use additional sheets if necessary. Certification N (check one) ° SUBCONTRACTORISUPPLIER T n Company Name � N 7 Detaii Detait Address e M W � X ryI Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r g g T D E E R O B C T E A Rev. 5/30/03 ATTACHMENT1A Page 4 of 4 FORT,_ ti�V�O�R_TH Total Dollar Amount of M/WBE Subcontractors/Suppiiers $ Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT O� ALL SUBCONTRACTORS/SUPPLIERS � - The Contractor will not make additions, deletions, or subsfitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through :the submittal of a Request for Approvai of Change/Addition, Any unjustified change or deletion shall be,a material breach of contract and may result in debarment in accord with the procedures outlined in `the ordinance. The contractor shall submit a detailed explanation of how #he requested change/addition or deletion will affect the committed M/WBE aoal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding acfual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the 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 rnaterial 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, Authorized Signature Printed Signature Company Address City/5tatelZip Contact Name/Title (If different) Telephone andlor Fax E-mall Address Date Rev, 5/30/03 F_ o� WO� City of Fort Wor�h Prime Contractor Waiver Form ATTACHMENT1B Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: M/W/DBE NON-MM//DBE BID DATE City's MlWBE Project Goal: PROJECT NUMBER % If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith EfFort Form), All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if � answers are yes. _; , Failure to complete fhis form in its entirety and be received by the Manaqinq Department on or before 5:OQp.m., five (51 City business daVs after bid openinq, exclusive of the bid opening date, wili .result in the , bid beina considered non-responsive to bid specifications. " ' Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation fhat proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Wili you perform this entire contract withou# suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, inciuding 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 actuai work pertormed by the M/WBEs on this contract, by an authorized o�cer 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 compiy with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Gompany Name Address City/State/Zip Printed Signature Contact Name (if different) Phone Number Fax Number Email Address Date Rev. 5/30f03 ATTACHMENT 1C Page 1 of 3 FORT WORTH �----' City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicabie biock to describe prime PROJECT NAME: , M/W/DBE NON-M/W/DBE BID DATE City's MIWBE ProJect Goal: PROJECT NUMBER o�a If you haye failed to secure M/VVBE participation and you haye subcontracting and/or supplier opportunities or if your �- DBE participation is less than the City's project goal, you must complete this form. ' If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a ' "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional andlor knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on .or before 5:00 p.m. fiVe (5) City business days after bid opening, exclusive of bid opening date, will resuit in the bid being consideretl non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunityj for the completion of this project, regardless of whether it is to be provided by a MNVBE or nan-M/WBE. (DO NOT LIST NAMES OF F,� IRMSj On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additionai sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 ATTACHMENT1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office, Yes No Date of Listing I I 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 firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? �(es (If yes, attach list to include name of M/WBE firm, person contacted, phone number and date and tlme of contact.) No . NOTE: 'A facsimile may be used to comply with either 3 or 4, but may not be used for both. if a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. _ NOTE: If the list of M/VIlBEs for'a particular subcontracfing/supplier opportun,ity,is ten (10) or l,e.ss, the bidder must con.tact the entire list to be in compliance with questions 3 and 4. If the list of MIWBEs for a particular subcontracting/supplier opportunity is ten (10) or more, th,e bidder must.contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to 'be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potentiai M/WBEs or information regarding the location of plans and specifications in order to assist the M/VVBEs? Yes No Rev, 06/30/03 6.) Submit documentation if M/WBE quotes were rejected. The documentation submltted should be in the forms of an affidavit, include a detailed explanatlon 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. ATTACHMENT1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel wili 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 wili substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one ('I) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/VIIBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Fax Number Address City/5tatelZip Email Address Date Rev. 05130/03 Joint Venture Page 1 of 3 FO_ R �WORTH Name of City project: . Joint venture information: CITY OF FORT WORTH Joint Venture Eli�ibility Form All questio�rs nrust be nns�vered; use "NA" if applicnble, A joint venture form must be completed on each project RFPBid/Purchasing Number: Joint Venture Name; Joint Venh�re Address: (If app/icnble) Telephone: Facsimile: E-mail address: Cellular: . Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the 'oint venture M/�VBE firm Non-NI/4VBE name: firm name: Business Address: Business Address: Ciry, State, Zip: City, State, Zip: Telephone Facsimi�e E-mail Telephone Facsimile Cettular Cellular CertiTication Status: E-mail address Name of Certifying Agency: '� ` ` = ; ; 2. Sco e of work erformed b the Joint Venture: Describe the sco e of worlc of the M/WBE: Describe the sco e of �vm�lc of the non-M/WB�: Rev. 5/30/03 Joint Venture Page 2 of 3 3. What is the percentage of M/WBE pa►•ticipation 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 complete if this infornration is described in joinl venlure ag��eenrent) 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 ai•e responsible for the day-to-day management and decision malcing of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ---------------------------------------------- b. Marketing and Sa(es -------------------------------------- c. Hiring and Firing of management persoruiel ---------------------------------------------- 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 pa�ticipants, 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/1NBE Office immediately for approval. Any unjustified change or deletion shall be a materiai 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. Fut�thermore, 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/oi• pi•ovide requested info�mation 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 of MlWBE firm Name of non-M/WBE firm Printed Name of O�vner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of O�vner Printed Name of Owner Signature of O�w�er Signature of O�vner Tide Titie Date Datc 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 _ (senl) Rev. 5/30/03 �� 4— Bid Package � 4.1 — Bid Proposal Cover & Signature Sheets � 4.2 — Bid Proposal ❑ 4.3 — Green Cement Policy Compliance Statement � 4.4 — Bid Item Description � 4.5 — Vendor Compliance to State Law � � j � Rev 2-2-10 ; _li PROPOSAL TO: The Purchasing Department City of Fort Worth, Texas Fort Worth, Texas FOR: LAKE WORTH DREDGING PROGRAM PHASE I DREDGING CITY PROJECT No. 01166 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 fui�nish Performance and Payment Bonds approved by the City of Fort Wot�th 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, but represent the best accuracy based on a reasonable effoi�t of investigation; however, they are given for the purpose of bidding on and awarding the contract. Special Bidding Instructions The cost of any item required to complete the requirements of this project, but that does not have a separate, specific bid item, shall be included in the appropriate bid item indicated in the bid form. Bidder shall provide bids for all items under Base Bid — Dredging, for Alternate Bid A Items 17 and 18, and for Alternate Bid C— Dredging Area C2 in the bid foim. Bidder shall not provide bids for Alternate Bid A Items 12 through 16 or for Alternate Bid D, but shall adopt the unit prices already indicated in the bid foim foz� those bid items, These unit prices are as bid by Silver Creek Materials for disposal services. Bidder may, but is not required to, provide a bid for the Alternate Bids B and E items for rapid dewater disposal method in lieu of disposal at the Silver Creek Materials site, The Contractor will be required to either dispose of all materials at the Silver Creek Materials site or dispose of all materials by rapid dewater method (if accepted by the City). The City of Fort Worth reserves the right to accept or reject any of the alternate bids and choose the allowable disposal method at its sole discretion, regardless of bid price proposed. The City of Fort Worth reserves the right to adopt any combination of the base bid and altei�nate bids that it chooses, This project requires a Letter of Permission (LOP) from the US Army Corps of Engineers. This LOP has not yet been received. If the LOP has not been received by January 1, 2012, the City anticipates that it will issue partial notice to proceed to allow landside activities for mobilization, site preparation, and pipeline installation. The City anticipates that by the time these activities are complete, the LOP will be received, and full notice to proceed can be issued. City of Fort Worth ProjectManager: PaulBounds Project Lake Worth Dredging Program - Phase I Dredging Date 9/29/2011 C(ry ProJect # 01166 YourCompany Name Bid Items Item Description Unit of quantity Unit PI'Ice 7otal Bld No. Measure BASE BID - DREDGING 1 Mobilization and De-Mobilization Lump Sum 1 $ $ Storm Water Poilution Prevention Pian - Prepare, 2 implement, install and maintain, including all Lum Sum 1 $ � erosion control measures. For all areas outside P of disposal facilities. 3 Trench Safety System 5 Foot Depth � Instail Linear Foot 500 $ $ 4 Dredge Lake Area B Cubic Yard 36,000 5 Dredge Lake Area C1 Cubic Yard 191,000 $ $ 6 Dredge Lake Area F Cubic Yard 11,000 $ $ 7 Dredge Lake Area H Cubic Yard 724,000 $ $ 8 Dredge Lake Area i Cubic Yard 368,000 $ $ 9 Dredge Lake Area J Cubic Yard 168,000 $ $ n- a e Tree Stump Remova for trees wit trun 10 6" diameter or larger), as re uested b City �ach 50 $ $ n- a e og Remova (for ogs wit 6 iame er or 11 larger , as re uested b City Each 50 $ $ 12 xcava ion an remova o roc or misce aneous Cubic Yard 1,000 $ $ concrete wiihin the dredging areas Subtotal Base Bid: $ ALTERNATE BID A- DISPOSAL OF BASE BID MATERIALS AT SILVER CREEK MATERIALS SITE Storm Water Poliution Prevention Plan - Prepare, 13 �mpleme�t, install and maintain, including ail Lum 5um 1 $ 10,000 $ 10,000 erosion control measures. For all areas inside of P disposai facilities. 14 Trench Safety System 5 Foot Depth � Instali Linear Foot 10,000 $ 2.00 $ 20,000 15 Disposal systems design and construction. Lump Sum 1 $ 1,560,000 $ 1,560,OOD 16 Mobilization of disposai operations. Lump Sum 1 $ 150,000 $ 150,000 � 7 Dredge material disposal, for lake dredging areas Cubic Yards 1,498,000 $ 1.18 $ 1,767,640 B, C1, F, H, i and J. Dredge Delivery Pipeline - from lake edge (594' 18 contour) to Dredge/Disposal delivery point. Pipe Linear Foot 10,000 $ $ size to be as determined by Contractor. Return Water Pipeline - from DisposallDredge 19 delivery point to lake edge (594'contour). Pipe Linear Foot 13,000 $ $ size to be as determfned by Contractor. Subtotal Alternate Bid A: $ ALTERNATE BID B- DISPOSAL OF BASE BID MATERIALS BY RAPID DEWATERING METHOD re ge ma ena isposa , or a e re gmg areas 20 B, C1, F, H, I and J. Cubic Yard 1,498,000 $ $ Subtotal Alternafe Bid B: $ ALTERNATE BID C- bREDGE AREA C2 21 Dredge Lake Area C2 Cubic Yard 267,000 $ $ Subtotal Alternate Bid C: $ ALTERNATE BID D- DISPOSAL OF AREA C2 MATERIALS AT SILVER CREEK MATERIALS SITE z2 cr2edge material disposal, for lake dredging area Cubic Yards 267,000 $ 1.18 $ 315,060 5ubtotal Alternate Bid D; $ 315,060 ALTERNATE BID E- DISPOSAL OF AREA C2 MATERIALS BY RAPID DEWATERING METHOD Z3 CZ ge ma ena isposa , or a e re gmg area Cubic Yards 267,000 $ $ Subtotal Alternate Bid E: $ SUMMARY OF BID Base Bid with Disposal at Silver Creek Materials Site: Base Bid — Dredging Alternate Bid A - Disposal Total Base Bid + Alternate Bid A: Base Bid with Disposal by Rapid Dewater Method: Base Bid — Dredging Alternate Bid B - Disposal Total Base Bid + Alternate Bid S: $ $ $ $ $ $ Dredge Area C2 with Disposal at Silver Creek Materials Site: Alternate Bid C — Dredging $ Alternate Bid D - Disposal Total Alternate Bid C+ Alternate Bid D: $ $ Dredge Area C2 with Disposal by Rapid Dewater Method: Alternate Bid C — Dredging . $ Alternate Bid E - Disposal $ Total Alternate Bid C+ Alternate Bid E: $ Within ten (10) days after notification by the City of Fort Worth, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract, The attached bid security in the ' arnount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. If as a requirement of this project, the undersigned bidder certifies that they have been furnished at least one set of the General Contract Documents and General or Special Speciiications for Projects, and that they have thoroughly read and completely understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 540 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Circle and complete A or B below, as applicable) A, The principal place of business of our company is in the State of a. Nonresident bidclers in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas, Receipt is acknowledged of the following addenda: Respectfully submitted, Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Addendum No. 5: Addendum No. 6: ,, ;; . ,:.. By: Title: Company: Address: Date: BID ITEM DESCRIPTION For Project: Lake Worth Dredging Program Phase I Dredging BID ITEM DESCRIPTION 1 Mobilization and De-Mobilization includes mobilization of all equipment and materials necessaiy to conduct the dredging project, except for as already covered under Bid Item 13 for disposal operations, and de-mobilization after pi�oject completion. Bid Item 1 shall also include provision and installation of project identiiication signs, in-lake safety systems,.dredge pump stations, dredge delivery pipelines, return water pump stations, and return water pipelines. All equipment and materials shall be removed from site upon completion of the project. All land areas disturbed by const�uction shall be hydromulch grassed, 18 and 19 The pipelines include the dredge material delivery pipeline and the return water pipeline from their respective delivery points at the Silver Creek Materials disposal site to the lalces edge, defined by the 594' contow at the beginning of the pipeline corridor indicated in the plans sheets. These items shall include provision, installation, required underground installations, bores and casing pipe, thrust . restraint, all iittings, anchoring, intake and discharge st�uctures, removal of all piping and appui�tenances at the end of the project (accept where allowed to plug and abandon underground), and all other necessary elements. These items do not include in-lake piping system or pump and lift stations. 2 Storm Water Pollution Prevention Plan (SWPPP) includes preparation of SWPPP and erosion control plan for all areas of the project outside the disposal site in accordance with NPDES requirements, submission to TCEQ and/or EPA as required, submission of NOI's and NOT's, and installation and maintenance of erosion/sediment control measures. 3 Trench Safety System shall be for any trenching of piping greater than or equal to S' depth. 4 tluough 9, and 21 Dredging shall include excavation and removal of all materials within the dredge areas indicated in the plans, to the lines and grades indicated in the plans. Materials to be removed for the most part consist of soils, but all other materials encountered shall also be removed, which may include trash, debris, trees, roots, root masses, minor vegetation, gravel, and structures, and these shall be considered incidental to the dredge bid items. Stumps and logs shall , BID-1 BID ITEM DESCRIPTION also be removed, but shall be paid for by separate bid item, depending upon the size as described in the bid items. Rock may also be encountered and will be paid for by separate bid item at the unit price bid. 10 and 11 Stumps and logs that are encountered with the in-lake dredge operations shall be reviewed with the City and removed and disposed of if requested by the City. Pay shall be provided for stumps of trees with trunk 6" diameter or greater and logs of 6" diameter or greater, but removal of sturnps of trees with less than 6" diameter trunlc and logs of less than 6" diameter shall be considered incidental to the dredging bid items. 12 Rock and miscellaneous concrete that is encountered within the dredging lines and grades indicated in the plans shall be removed at the unit price bid. Cui7ently there is no rocic or concrete indicated in the boring logs; however, this bid item is provided in case rock ar miscellaneous concrete is encountered. Gravel, sand and native ground material are not included in this bid item, and shall be considered incidental to the dredging bid items. 13 through 17, and 22 Dredge materials shall be disposed of at the Silver Creelc Materials . site, as specified in the Dredge Material Disposal Pre-Purchase , Agreement Letter of Agreement and disposal specifications and documents. 20 and 23 This alternate bid item provides for allowance of the dredged materials to be disposed of by rapid dewater method, such as belt press, in lieu of disposal at the Silver Creek Materials disposal site. This item shall include all equipment and appurtenances necessary for this method, including removal of material from site, any required pe�mitting for disposal, and control and testing of return water quality as required by the disposal specifications, including decant water fi•om any stocicpiled materials. Any stockpiling of material shall be no greater than 150' x 150' footprint and 5' tall. BID-2 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-af-state contractors whose corporate offices ar principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies ar services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparabie contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or nonresident contractors to do so will automatically disqualify thai bidder. Resident bidders rnust check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in =l�.inois (give State), our principal piace of business, are not required to underbid resident bidders. B. Our principal place of business or corporate ofFices are in the State of Texas. ❑ : �� - Great Lakes Dredge & Dock Company, LLC L.W. Matteson Division By: Larry W. Matteson Company (Please print) 2122 York Road, Suite 200 j 8: � Address Oak Brook / IL / 60523 Tlt�g: President City/State/Zip {Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION ii 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 — Special Conditions (water — sewer) � 5.4 — Part DA — Additional Special Condition (water — sewer) � 5.5 — Part E Specifications ❑ 5.6 — Special Provisions (paving - drainage) � 5.7 - Compliance with and Enforcement of Prevailing Wage Rates � 5.8 — Wage Rates � 5.9 — Standard Details (water- sewer) � ❑ 5.10 — Standard Details (paving- drainage) � Rev 2-2-10 � PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-1.11 cs-i.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 C2-2 C2-2.1 C2-2.2 C2-2.3 C2-2.4 C2-2.5 C2-2.6 C2-2.7 C2-2.8 C2-2.9 C2-2.10 C2-2.11 DEFINTTIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specif ica�ions Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street INTERPRETATION ,AND PREPARATION OF PROPOSAL Proposal Form Interpretation of Quantities Examination of Contract Documents and Site Submitting of Proposal Rejection of Proposals Bid Security Delivery of Proposal Withdrawing Proposals Telegraphic Modification of Proposals Public Opening of Proposals Irregular Proposals Cl-1(1) C1-1 (1) Cl-1(2) Cl-1(2) C1-1(2} C1-1(2) C1-1 (2) C1-1 (2) C1-1(3) Cl-1 (3) C1-1 (3) C1-1 (3) C1-1(3) C1-1(3) C1-1(4) C1-1(4) C1-1(4) C1-1(4) C1-1 (4) C1-1(4) Cl-1 (4) C1-1(4) Cl-1(5) C1-1(5) C1-1 (5) C1-1 (5) C1-1(6) C1-1(6) C1-1 (7) Cl-1 (7) C1-1(7) Cl-1(7) C2-2 (1) C2-2 (2) C2-2 (2) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (5) C1-1 (1) C2-2.12 Disqualification of Bidders C2-2(5) C3-3 C3-3.1 C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 C3-3.11 C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-4 C4-4.1 C4-4.2 C4-4.3 C4-4.4 C4-4.5 C4-4.6 C4-4.7 C5-5 C5-5.1 C5-5.2 C5-5.3 C5-5.4 C5-5.5 C5-5.6 C5-5.7 C5-5.8 C5-5.9 C5-5.10 C5-5.11 C5-5.12 C5-5.13 C5-5.14 C5-5.15 C5-5.16 C5-5.17 C5-5.18 CK'�� AWARD OF EXECUTION OF DOCUMENTS Consideration of Proposals Minority Business Enterprise/ Women-awned Business Enterprise Compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal SeCurities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Alteration of Contract Extra Work Schedule of Operations Progress Schedules for Plant Facilities Quantities Documents Water and Sewer CONTROL OF WORK AND MATERIALS Authority of Engineer Conformity with P1ans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectifa.cation Work Field Office Construction Stakes Authority and Duties of Inspectors Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Cleanup Final Inspection LEGAL RELATIONS AND PUBLiC RESPONSIBILITY Cl-] (1) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (4� C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (7) C3-3 (7j C3-3 (7) C3-3 (8) C4-4 (1) C4-4 (1) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (4) C4-4 (4) C5-5(1) C5-5 (1) C5-5 (2) C5-5 (2) C5-5(3} C5-5 (3) C5-5 (3) C5-5 (4) C5-5 (5) C5-5 (5) C5-5 (6) C5-5(6) C5-5(7) C5-5 (7) C5-5 (8) C5-5 (9) C5-5 (9) C5-5 (9) C6-6.1 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 C7-7.1 C7-7.2 C7-7.3 C'7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7.13 CiTII►�"i�! 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 Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Rights-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Tndependent Contractar Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment or Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section or Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract Due to National Emergency Suspension or Abandonment of the Work and Annulment of.Contract Fulfillment of Contract Termination for Convenience of the Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities Unit Prices Lump Sum Scope of Payment Partial Estimates and Retainage C6-6 (1) C6-6 (1) C6-6(1) C6-6 (2) C6-6 (2) C6-6(3) C6-6 (4) C6-6 (4) C6-6 (6) C6-6 (6) C6-6 (8) C6-6 (9) C6-6 (9) C6-6 (10) C6-6 (10) C6-6 (10) C6-6(11) C6-6 (11) C6-6 (11) C6-6 (12) C6-6(12) C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (4) C7-7(4) C7-7 (5) C7-7(5) C7-7 (6) C7-7 (6) C7-7 (7) C7-7 (8) C7-7 (10) Owner C7-7(10) C7-7(13) C8-8 (1) C8-S (1) � C8-8 (1) C8-8 (1) C8-8 (2) C1-1 (1) C8-8.6 C8-8.7 C8-8.8 C8-8.9 CS-8.10 CS-8.11 CS-8.12 C8-8.13 Withholding Payment Final Acceptance Final Payment Adequacy ot Design General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents cs-s (3) C8-8 (3) C8-8 (3) C8-8 (4) C8-8 (5) C8-8 (5) CS-8 (5) C8-8 (5) PART C - GENERAL CONDITIONS C1-1 DEFINTIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A- NOTICE TO BIDDERS (sample) PART B - PROPOSAL (sample) PART C - GENERAL CONDITIONS (CITY) White White Canary Yellow C1-1 (1) (Developer) Brown PART D- SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Goldenrod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) 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 Cl-1 (1) PART G - CONTRACT PART H- PLANS (Usually bound separately) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished directly to interested parties pertaininq to the work contemplated under the Contract Documents constitutes the Notice to Bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. � C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 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. C1-1.8 SPECIFICATIONS: The Specifications are that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to C1-1 (2) standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as thought they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and include the following: a. Performance Bond (see paraqraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part a and C2-2.6) [ C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. . C1-1.12 CITY: The City of For,t 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 Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1 (3) C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope ot the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 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. C1-1 (4) C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control ot the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m, and 6:00 p.m., with exceptions as permitted in paragraph C?-7.6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's Day January 1 2. M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine. When one of the above named holidays or a special holiday declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of State Highway Transportation Officials ASCE - American Society of Civil Engineers LAW - In Accordance With AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute Cl-1 (5) Asph. - Asphalt Ave. - Avenue Blvd. - Boulevard CI� - Cast Iron CL - Center Line GI - Galvanized Iron Lin. - Linear or Lineal lb. - Pound MH - Manhole Max. - Maximum CFS - Min. Mono. % - R - I.D. O.D. Elev. F - C - In. - Ft . - St. - CY - Yd. - SY - L.F. D.I. MGD -Million Gallons per Day Cubic Foot per Second Minimum Monolithic Percentum Radius Inside Diameter Outside Diameter Elevation Fahrenheit Centigrade Inch Foot Street Cubic Yard Yard Square Yard Linear Foot Ductile Iron C1-1.27 CHANGE ORDER: A��Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 250 of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: C1-1 (6) 1. Any type of asphaltic concrete with or without separate base ma�erial. 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. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') feet back of the curb lines or four (4') feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (7) SECTION C-GENERI�L CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal forms 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," "Equipme�nt Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (100) 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. Such experience must have been on projects 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 (1) 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. C2-2.3 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. Prior to the filing of proposal, bidders are required to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary, to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligen� 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 in prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. C2-2 (2) The logs of Soil Borings, if any, showing general information only and may not be ' Owner nor the Engineer guarantees tha representative of conditions which actually on the plans are for correct. Neither the t the data shown is exist. C2-2.4 SUBMITTING OF PROPOSAL: The bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the bidder shall state the prices, written in ink in both words and numerals, for which he proposes ' to do the work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalanced values of any items. Proposals tendered or delivered after the official time designated for receipt of proposals shall be returned to the Bidder unopened. C2-2.6 BTD SECURITY: No proposal will be considered unless it is accompanied by a"Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the ' C2-2 (3) 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 PROPOSAZS: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper• place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name of 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 tor 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, �he proposals for which non-consideration requests have been properly filed m�, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a writ�en and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." Al1 proposals which have been opened and read will remain on file with the owner until C2-2 (4) the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any and al1 irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a. b. c. d. e. f. g• h. Reasons for believing that collusion exists among bidders. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. Uncompleted work 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. 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. C2-2 (s) 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (6) PART C-GENER.A.L CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of brining items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as 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) an/or a Woman-Owned Business Enterprise (WBE) on the contract and the payment therefore. Contractor further agrees, upon request by Owner, to allow an audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required , C3-3 (1) notice to that effect on the project site, and at his request, will be provided' assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty- five (45) days after the date bn which the proposals were opened. C3-3.5 AWARD 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 an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal and 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 aqainst damage by reason of negligence of the Contractor, or improper execution of the work C3-3 (2) b. or the 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. c. 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. d. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. e. 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 the Surety Company. , C3-3 (3) i Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it - being impracticable and difficult to accurately determine the amount of damages 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 Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance ot this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the surety Company will, within ten 910) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Con�ractor shall be C3-3 (4) responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime contractor sha11 indicate of the certificate of insurance included in the documents for execution whether or not his insurance covers sub- contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' 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 �he project under this contract is not protected under the Workers' compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Ziability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. 2 3 4. 5. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). Blasting, prior to any blasting being done. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). Damage to underground utilities for $500,000. Builder's risk (where above-ground structures are involved). 6. Contractual requirements Liability (covers all indemnification of Contract). ' ' C3-3 (5) 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 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 amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractor, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified agent, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or C3-3 (6) any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex (the Fort Worth-Dallas area.) The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor sha11 charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. C3-3 (7) Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base ot 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, appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative. shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether oriented in furthering the work, or other, are governed directly 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 for periods in which work stoppages are in effect fort his reason. C3-3.15 VENUE: Venue of any action herein shall be exclusively in Tarrant County, Texas. C3-3 (8) PART C-GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTTON C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the 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 of special work as may be considered by the Owner as necessary to complete the project in.a satisfactory and acceptable manner. The Contractor sha11, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then `�special Provisions: covering all such work will be prepared by the Owner previous to the time of receiving bids or proposal for such work and furnished to the bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C 4-4.3 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 if found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be C4-4 (1) determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner; provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, tha� 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. 0 Unit bid price previously approved. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed � fee to be agreed upon but not to exceed 10 a of the actual cost of such extra work. The fixed fee is not to include any additional protit to the Contractor for rental of equipment owned by him and used for the extra work. The C4-4 (2) d. 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. Should a difference arise as to what does or does not constitute Extra Work or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The 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 (3) C4-4.6 SCHEDULE OF OPERATTONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a `�Schedule of Operati.ons," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown �he estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8�" X 11" sheets and at least five black of blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within Ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the sch'edule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorpora�e all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construc�ion schedule, the contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. C4-4 (4) ' b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of ' the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit ot either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. - The constiuction schedule shall, as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen(14) days' duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre-acceptance activities ancl events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. C4-4 (5) 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. 2n addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure oi the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor' is failing to prosecute the work with such diligence as will insure its completion within the time specified. 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. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences of procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be tinal. 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 E the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5 (1) C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall goverri over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents, which were not reported prior to the award of Contract, the Contractor shall be deemed to have, quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The 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 al1 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 CS-5 (2) Contractor shall regard and obey the directians and instruction of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or, making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, - the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. cs-s (5) C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal �o any material or equipment specified, and if contractor wishes to furnish or use a proposed substitute, he shall, prior to the pre-construction conference, make written application to Engineer for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the propo'sed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the' equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substi�ute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direc� to the testing agency by the Owner unless otherwise 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 and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the CS-5 (6) mixing and transporting 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 the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the 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 UTIZITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the Plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify of adjacent and/or conflicting utilities sufficiently of construction in order that he may negotiat� � adjustments as necessary in the construction process adequate clearances. The Contractor shall take all precautions in order to protect all existing structures and service lines. Verification of utilities, structures and service lines shall locations in advance uch local to provide necessary utilities, existing include C5-S (7) notification of all utility companies at least forty-eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. 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. 2. Notify the Water Department's Distribution Division of location, time, and schedule of service interruption. Notify each customer personally through responsible personnel of time and schedule of the interruption of their service, or 3. In the event tha� personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance doorknob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be 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 (8) C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 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. If, within twenty-four (24) hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, 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 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 betore 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. C5-5.18 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 the final inspection be made. Such inspection will be made within 10 days after such notification. After such CS-5 (9) `� final inspection, if the �work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. CS-5 (10) 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 shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all - permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, ' material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or costs arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify, and save harmless, the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark 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 by the design, type of construction or material C6-6 (l) 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 such regulations in regard to cleanliness and disposal of garbage and waste as will �end 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 the Contractor. Al1 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 so 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 property contiguous to the 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 of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer, the Contractor shall make arrangements satisfactory �o the Engineer for the diversion of traffic and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. C6-6 (2) The materials excavated and the construction materials, such as pipe, used in the construction of the work shall be placed so as not to endanger the work or prevent free 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 in reference to public convenience and sa�ety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, 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 a11 such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineez a written statement showing all such claims adjusted. C6-6.6 PRIVIZEGES 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 C6-6 (3) writing by the Enqineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way that does not interfere with the use of spaces that may be designated to be left free and unobstructed, or inconvenience occupants of adjacent property. If the street is occupied by railway 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 assistance for the completion of adjoining work. Any additional grounds desired by the Contractor fo� his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company regarding the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intention to begin work on that portion of the project which is related to the railway properties. The Contractor wi11 not be given extra or additional compensation for such xailway 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, and shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be. painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. C6-6 (4) All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways", issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d, Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. . The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 870-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual, and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are - met. When construction work is completed to the extent that the permanent sign can be 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. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public C6-6 (5) during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times 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 (24) hours in advance of the use of any activity which might damage or endanger property along or adjacent to the work. Where the use of explosives is to be permitted on the project as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four (24) hours prior to commencing and sha11 furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The city shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will pxovide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such C6-6 (6) additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing of 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 sha11 be responsible for the preservation of and shall use every precaution to preyent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing and all other � types of structures or improvements, and to al1 water, sewer and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences,�and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might�be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants whose land or interest in land might 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 damage or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. . CG-6 (7) All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to malce 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, rebuilt or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees invitees. The doctrine of respondent 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 (S) C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees, In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged C6-6 (9) 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 herein required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage, which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to 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 ]cept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY TH� 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. C6-6 (10) 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 hydrants and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opin.ion of the Engineer, any sectian or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be preformed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution of non-execution 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 causes herein. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents, Any waiver of any breach or Contract shall not be held to be a waiver of '�any other or subsequent breach. C6-6 (11) The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they a�e agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption- pursuant to 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 certiticate in lieu of the tax, said exemption certificate to comply with State Comp�roller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sa1es, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (12) PART C-GENERA.L 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 superintendence, work of a value of not less than fifty (50a) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements regarding 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 representative. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual•damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a C'1-7 (1) 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 also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous rnanner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from 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 the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C?-7.4 LTMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OR WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the C7-7 (2) summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment - on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in Cl- 1.23 "WORKING DAY" or the date stipulated in the ��WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the Thursday preceding. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or , C7-7 (3) Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7.7 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 by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, s�rikes, freight embargoes, or delays of sub- contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of �ime 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 bona fide 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. c�-� (4) If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and ' unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no - such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TTME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number .of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time 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 C7-7 (5) schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT DAMAGES $5,001 5,001 25,001 50,001 100,001 500,001 1,000,001 2,000,001 and over Less to to to to to to to than $5,000 15,000 25,000 50,000 100,000 500,000 1,000,000 2,000,000 LIQUIDATED $35.00 45.00 63.00 105.00 154.00 210.00 315.00 420.00 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be impossible or very difficult to accurately estimate, 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 event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. C7-7 (6) If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage abou� the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of, the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to 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. Zf, after investigation, the Owner finds that such conditions exist 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, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the C7-7 (7) Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor to promptly 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. C7-7 (8) h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall, for any cause whatsoever, fail to carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner sha11 designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written 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 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 pragresses, subject to all of the terms of the Contract Documents. ' In case the Sureties do not, within the specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which �he Owner has ordered the C7-7 (9) Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in a manner that does not hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be affected by C7-'7 (l0) mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1 � 3 4. 5. Stop work under the contract on the date and to the extent specified in the notice of termination; 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 work terminated by the not5ice of termination; Transfer title to the Owner and deliver in the manner, at the times, and to the exten�, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially compl.eted plans, drawings, information and other property which, if the contract had been campleted, would have been required to be furnished to the Owner. Complete performance shall not have been termination; and of such part of the work as terminated by the notice of C7-7 (11) 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the contractor and in which the Owner has or may acquire the rest. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.16 (C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE : In the event of the failure of the Contractor and the Owner to agree as provided in C7- 7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. C7-7 (12) F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a} all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the 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 the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion �of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension or Abandonment of the Work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C-GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C$-8 MEASUREMENT AND PAYMENT SECTION C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual lenc�th, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a��Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. � The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, i cleanup, finished overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. � C8-8.3 LUMP SUM: When in the Proposal a`�Lump Sum" is set ; forth, the said "Lump Sum" shall represent the total cost for � the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all 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 t accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for G` performing all work contemplated and embraced under these I Contract Documents, for all loss and damage arising out of the , nature of the work or from the action of the elements, for any C8-8 (1) unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for 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 final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and 5tn day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done dttring the previous month, or estimate period, under the Contract Documents. Not later than the 10th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 900 of such estimated sum will be paid to the Contractor i� the total contract amount is less than $400,000, or 950 of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater, within twenty- five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time CS-8 (2) 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 the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, the Contractor shall notify the ' Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, who will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever a11 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. C8-8 (3) 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 final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Wor�h has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or - any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guaran�ees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations �hereto. C8-8 (4) C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified 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 i:n 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. ' C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show a11 changes znade during the construction process. These shall be delivered to Engineer upon completion of the work. 71 SECTION C1: SUPPLEMENTARY CONDITIONS TO PART C- GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entuety and replaced with the following, Partial pay estimates shall be submitted by the Contractor or prepared by the City on the Sth day and 20th day of each month that the worlc is in progress. The estimate shall be proceeded by the City on the l Oth 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 worlc 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°/o). 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 payrnents fiom 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 estunata rendered following the discovery of the rrustake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or suff"iciency 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 worlc in strict accordance with the specifications or other provisions of this contract. C. Part C- General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D- Special Conditions. ' D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" Revised Pg. 1 10/24/02 E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indeinn.ify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, fiom and against any and all clauns 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 dama�e or death is caused in whole or in part by fhe ne�li�ence or alle�ed ne�li�ence of Owner its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such rn/ury or dama�e is caused in whole or in part b ty he ne�li�ence or alleged n�li�ence of Owner its of�cers servanfs ar 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 canier 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 worlc performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C- General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCItEASED 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 perfo��n the worlc 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 ar 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. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL Revised Pg• 2 10/24/02 INSURANCE REQITIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractar's insurance policies excepting employer's liability insurance coverage nnder Contractar'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 reqtured insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Worlcers' 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. lc. 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. 1. Contractor's liability shall not be limited to the specif'ied amounts of insurance required herein. Revised Pg� 3 10/2�4/02 m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents, H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all worlc contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the worlc 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 rislcs of whatever description connected with the prosecution of the worlc, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the worlcing operations as herein specified, or any and all infringements of patents, trademarlcs, copyrights, or other legal reservations, and for completing the worlc in an acceptable manner according to the terms of the Contract Documents. Tbe payment of any current or partial estimate priar 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 constniction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance, The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I, C8-8.10 GENERAL. GUA.RANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the fmal 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 worlc 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 amotmt 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 Pg• 4 10/24/02 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 responsi'bility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRA_PHIC 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 Pg• 5 10/24/02 In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority frorn fhe 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 INSUR.ANCE 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 expuation of three (3) years after final payment under this contract, have access to and the right to exarnine and photocopy any directly pertinent books, docurnents, 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 worlc 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 tha right to examine and photocopy any directly pertinent boolcs, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal worlcing hours to all subcontractor facilities, and shall be provided adequate and appropriate worlc 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: 1. 50 copies and under - 10 cents pex page Revised Pg, 6 10/24/02 2, More than 50 copies - 85 cents for the first page plus fi$een cents for each page therea$er M. SITE PREPARATION; The Contractor shall clear rights-of-way or easements of obstruction which must be removed to malce 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 worlc 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 BAR_RICADES 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 (S) and six (6), change the phrase take all such other precautionary measures to talce all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C(General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTER�'RISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following; Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to pernut 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/ar WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for terrnination 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/ar comtnission of fraud will result in the Contractor being determined to be irresponsible and barred fiom participating in City work for a period of time of not less than thee (3) years. Revised Pg. 7 10/24/02 WAGE RATES: Section C3-3.13 of the General Conditions is deleted,and replaced with the following: (a) The contractor Shall 'comply with all xequirements of Chapter 2258, Texas. GoYernment Code, including the'payment ofnot less than the rates determined by the City Council of the City of,Fort Worth to :be the preva�tig wage 'rates in accordance'w.ith Chapter 2258, ,, , ; , Texas Governmerit Code. ', Such prevailing wage 'rates are uicluded in'these contract documents. (b) The contractor:shall, for aperiod oftlu•ee (3) years following the,date of.acceptance of the work, maintain records, that show (i) the nariie anc� occupation of each worlcer employed by the contractor in the construction of the work provided for in this contract; and (u) the:actual per di.em wages paid, to each worker. These records shall be open at all reas,onable hours for inspection by the City. The provisio.n. s of Section C-1, L, Right to Audit (Rev. 9/30/02) pertain to this inspection, (c) The contractor shall include in its su.bcontracts and/or shall otherwise ,require all of its subcontractors to comply with paragraphs (a) and (b) aboye, (d) With each partial payment stating that the contractor has Governrrient Code. estimate or payroll period, whichever is less, an affida�it complied.with the requuements of Chapter 22,58, Texas 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 D-2 D-3 D- 4 D- 5 D- 6 D- 7 D- 8 D- 9 D- 10 D- 11 D- 12 D- � 3 D- 14 D- 15 D- 16 D- 17 D- 18 D- 19 D- 20 D- 21 D- 22 D- 23 D- 24 D- 25 D- 26 D- 27 D- 28 D- 29 D- 30 D- 31 D- 32 D- 33 D- 34 D- 35 D- 36 D- 37 D- 38 D- 39 D- 40 D- 41 D- 42 D- 43 D- 44 D- 45 D- 46 D- 47 D- 48 D- 49 D- 50 GENERAL............................................................................................................................3 COORDINATION MEETING ................................................................................................5 CONTRACTOR COMPLIANCE WITN WORKER'S COMPENSATION LAW ......................5 COORDINATION WITH FORT WORTH WATER DEPARTMENT ......................................7 CROSSING OF EXISTING UTILITIES ................................................................................7 EXISTING UTILITIES AND IMPROVEMENTS ....................................................................8 CONSTRUCTION TRAFFIC OVER PIPELINES ..................................................................8 TRAFFICCONTROL ...........................................................................................................9 DETOURS.........................................................................................................................10 EXAMINATIONOF SITE ...............................................................................................10 ZONINGCOMPLIANCE ................................................................................................10 WATER FOR CONSTRUCTION ....................................................................................10 WASTEMATERIAL .......................................................................................................10 PROJECT CLEANUP AND FINAL ACCEPTANCE ........................................................10 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES ..............................11 [NOT USED] ..................................................................................................................11 CUTTINGOF CONCRETE ............................................................................................11 PROJECT DESIGNATION SIGN ...................................................................................11 CONCRETE SIDEWALKAND DRIVEWAY REPLACEMENT ........................................12 [NOT USED) ..................................................................................................................12 [NOT USED] ..................................................................................................................12 [NOT USED] ..................................................................................................................12 [NOT USED] ..................................................................................................................12 TRENCH PAVEMENT (PERMANENT) REPAIR (E2-19) FOR UTILITY CUTS ..............12 SITE SPECIFIC TRENCH SAFETY SYSTEM (COVERS ALL PROJECTS) .................. �3 [NOT USED] ..................................................................................................................14 [NOT USED] ..................................................................................................................14 [NOT USED] ........................................................................:.........................................14 [NOT USED] ..................................................................................................................14 [NOT USED] ..................................................................................................................14 [NOT USED] ..................................................................................................................14 MECHANICS AND MATERIALMEN'S LIEN ...................................................................14 SUBSTITUTIONS..........................................................................................................14 [NOT USED] ..................................................................................................................14 [NOT USED] ..................................................................................................................15 [NOT USED] ..................................................................................................................15 [NOT USED] ..................................................................................................................15 [NOT USED] ..................................................................................................................15 [NOT USED] ..................................................................................................................15 INGRESS AND EGRESS/OBSTRUCTION OF ACCESS TO DRIVES ..........................15 PROTECTION OF TREES, PLANTS AND SOIL ...........................................................15 SITERESTORATION ....................................................................................................15 CITY OF FORT WORTH STANDARD PRODUCT LIST ................................................15 TOPSOIL, SODDING, SEEDING & HYDROMULCHING ...............................................16 CONFINED SPACE ENTRY PROGRAM .......................................................................21 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION ..............................22 EXCAVATION NEAR TREES (WHERE IDENTIFIED ON THE PLANS) ........................22 [NOT USED] ..................................................................................................................23 [NOT USED] ..................................................................................................................23 EXPLORATORY EXCAVATION (D-HOLE) ...................................................................23 02/09/2090 SC-� PART D - SPECIAL CONDITIONS D- 51 [NOT USED] ..................................................................................................................23 D- 52 SPRINKLING FOR DUST CONTROL ............................................................................23 D- 53 [NOT USED]' ............................................................................................................... .23 D- 54 [NOT USED] ..................................................................................................................23 D- 55 TREE PRUNING ............................................................................................................23 D- 56 TREE REMOVAL ...........................................................................................................24 D- 57 TEST HOLES ................................................................................................................24 D- 58 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING CONSTRUCTION.........................................................................................................................25 D- 59 [NOT USED] ..................................................................................................................26 D- 60 [NOT USED] ..................................................................................................................26 D- 61 TEMPORARY PAVEMENT REPAIR .............:................................................................26 D- 62 [NOT USED] ..................................................................................................................26 D- 63 EASEMENTS AND PERMITS ........................................................................................26 D- 64 PRE-CONSTRUCTION NEIGHBORHOOD MEETING ..................................................27 D- 65 [NOT USED] .................................................................................................................27 D- 66 [NOT USED] .................................................................................................................28 D-67 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS GREATER THAN1 ACRE) .............................................................................................................................28 D-68 COORDINATION WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTINGWATER SYSTEMS ......................................................................................................30 D-69 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD ...................................................30 D-70 EARLY WARNING SYSTEM FOR CONSTRUCTION .......................................................31 D-71 AIR POLLUTION WATCH DAYS .......................................................................................31 D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ............................................32 ovosi2o�o SC-2 PART D - SPECIAL CONDITIONS This Part D— Speciai 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 shali control. 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 re'place at his expense any part or all of this project which becomes defective due to these causes. 5ubject 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 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. 02/09/2090 SC-3 PART D - SPECIAL CONDITIONS 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 shail 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 rnere 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: Proposais 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 proposais not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed �, 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 ovosi2o�o 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 L.AW A. Definitions: 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 governmentai 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 contracfor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shali 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 frorn 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 otiosi2o�o 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 ciassification 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 caverage 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 cerkified 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 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Seif-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. 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 normai type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512) 463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it may 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 CONDITIONS constructed of ductile iron pipe. The Engineer shall determine the required length of replacement. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping. Adapter fittings shall be a urethane or neoprene coupling ASTM C-425 with series 300 stainless steel compression straps. Backfill, fittings, tie-ins and all other associated appurtenances required are deemed subsidiary work. D- 6 EXISTING UTILITIES AND IMPROVEM�NTS 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 propert,y 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 af 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 line and the existing lines from these possibly excessive loads. The Contractor shall not, at any ovosi2o�o SC-8 PART D - SPECIAL CONDITIONS time, cross the existing or new pipe with a truck delivering new pipe to the site. Any damaqe to the existing or new pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. in locations where it is not permissible to cross the existing or proposed pipes without additional protection the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines, if the damage results from any phase of his construction operation. D- 8 TRAFFIC CONTROL The contractor will be required to obtain a"Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Articie 6701 d 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 Professional Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 817-392-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." Traffic control shall be considered subsidiary. 02/09/2010 SCi-.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 ail 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 shail 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 lceeping the project site in a neat and orderly condition is considered an integral paa�t of the contracted worlc 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 necessaiy, clean-up shall be done on a daily basis. Clean up worlc 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 lcind off of residents' property If the Engineer does not feel that the jobsite has been Icept in an orderly condition, on the next estimate payrnent (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 thirty days shall elapse after completion of construction before the roadway, right-of- 02/09/2010 SC-� 0 PART D - SPECIAL CONDITIDNS 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 shali give final acceptance of the completed project work. D- 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 shal) read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCOR) who will erect temporary mechanical barriers, de- energize the lines, or raise or lower the lines. The work done by the power company shali 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 [NOT USED] D- 17 CU7TING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D- 18 PROJECT DESIGNATION SIGN Project signs are required at all locations where equipment, staging or personnel are located. It shall be in accordance with the attached Figure WTR-034. 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 infarmation box shall have the following information: otiosi2o�o SC-11 PART D - SPECIAL CONDiTIONS For Questions on this Project Call: (817) 392-8567 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 ailowed. 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 sidewaiks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000 psi concrete with reinforcing steei 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. Concrete sidewalk and driveway replacement shall be subsidiary work, D- 20 [NOT USED] D- 21 [NOT USED] D- 22 [NO7 USED] D- 23 [NOT USED] 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. 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 wails. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends, It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. 02/09/2090 SC-12 PART D - SPECIAL CONDlTIONS 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 Heaith Administration Standards, 29 CFR Part 1926, Sub-Part P- Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. C. DEFINITIONS: 1. TRENCHES - A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. 2. BENCHING SYSTEM - Benching means excavating the sides of a trench to form one or a series of horizontal level or steps, usually with vertical or near-vertical surfaces between levels. 3. SLOPING SYSTEM - Sloping means excavating to form sides of a trench that are inclined away from the excavation. 4. SHIELD SYSTEM - Shields used in trenches are generally referred to as "trench boxes" or "trench shields", Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either pre-manufactured or job-built in accordance with OSHA standards. 5. SHORING SYSTEM - Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave- ins. Shoring systems are generally comprised of cross-braces, vertical rails, (uprights), horizontal rails (wales) and/or sheeting. otiosizo�o SC-13 PART D - SPECIAL CONDITIONS D. MEASUREMENT - Trench depth is the vertical measurement from the top of the existing ground to the bottom of embedment or bottom of excavation. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. E. PAYMENT - Payment shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D- 26 [NOT USEDj D- 27 [NOT USED] D- 28 [NOT USED] D- 29 [NOT USED] D- 30 [NOT USED] D- 31 [NOT USEDj D- 32 MECHANICS AND MATERIALMEN'S LIEN The Contractor shall be required to execute a release of inechanics and material men's liens upon receipt of payment. D- 33 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. if a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shali 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 [NOT USED] D- 35 [NOT USED] D- 36 [NOT USED] D- 37 [NOT USEDj D- 38 [NOT USED] D- 39 [NOT USED] 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 02/09/2010 S G 14 PART D - SPECIAL CONDITIONS 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 Ail 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 repiaced 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 il Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the lnternational 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 wiil 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. D- 43 C1TY 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. ovosi2o�o SG15 PART D - SPECIAL CONDITIONS 1. TOPSOIL DESCRIPTION: 7his 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 estabiished by the Engineer. CONSTRUCTION METHODS; Topsoii will be secured from borrow sources as required to supplement material secured from street excavation. All excavated materials from streets which is suitable for topsoil will be used in the parkways and medians before any topsoil is obtained from a borrow source, Topsoil material secured from street excavation shall be stockpiled at locations approved by the Engineer, and at completion of grading and paving operations, topsoil shall be placed on parkway areas so as to provide a minimum six (6) inches of compacted depth of topsoil parkways. 2. SODDING DESCRIPTION: Sodding will consist of furnishing and planting Bermuda, Buffalo or St. Augustine grass in the areas between the curbs and walks, on terraces, in median strips, on embankments or cut slopes, or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for sodding are Prairie and 609. MATERIALS; Sod shall consist of live and growing Bermuda, Buffalo or St, Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a two (2) inch minimum thickness of native soil attached to the roots. St. Augustine grass sod shall have a healthy, virile root system of dense, thickly matted roots throughout a one (1) inch minimum thickness of native soil attached to the roots, The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shali be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling, and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. Sod material shall be pianted 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 02/09/2010 SC-� 6 PART D - SPECIAL CONDITIONS Furrows parailel to the curb line or sidewalk lines, twelve (12) inches on centers or to the dimensions shown on the Drawings, shall be opened on areas to be sodded. In all furrows, sod approximately three (3) inches square shall be placed on twelve (12) inch centers at proper depth so that the top of the sod shall not be more than one-half (1/2) inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy, hand roller developing fifteen (15) to twenty-five (25) pounds per square inch compression. Hand tamping may be required on terraces. b. Block Sodding. At locations on the Drawings or where directed, sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered, and any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod, which, in the opinion of the Engineer, may slide due to the height or slope of the surFace or nature of the soil, shall, upon direction of the Engineer, be pegged with wooden pegs driven through the sod block to the firm earth, sufficiently close to hold the block sod firmly in place. When necessary, the sodded areas shali 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 F'ort Worth. 3. SEEDING DESCRIPTION: "Seeding" will consist of preparing ground, providing and planting seed or a mixture of seed of the kind specified along and across such areas as may be designated on the Drawings and in accordance with these Specifications. MATERIALS: a. General. All seed used must carry a Texas Testing Seed label showing purity and germination, name, type of seed, and that the seed meets all requirements of the Texas Seed Law. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within nine (9) months of time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or 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 foilowing percentages of Purity and germination: Common Name Purity Common Bermuda Grass 95% Germination 90% ovosi2o�o SC-17 PART D - SPECIAL CONDITIONS Annual Rye Grass Tall Fescue Western Wheatgrass Buffalo Grass Varieties Top Gun Cody 95% 95% 95% 95% 95% 95% 90% 90% 90% 90% Table 120.2.(2)a. URBAN AREA WARM-SEASON SEEDING RATE (Ibs.); Pure Live Seed (PLS) Mixture for Clav or Tiqht Soils Mixture for Sandv Soils Dates (Eastern Sections) (Western Sections) (All Sections) Feb 1 Bermudagrass 40 Buffalograss 80 Bermudagrass 60 to Buffalograss 60 Bermudagrass 20 Buffalograss 40 May 1 Total: 100 Total: 100 Total: 100 Table, 120.2.(2)b TEMPORARY COOL-SEASON SEEDING RATE; (Ib.) Pure Live Seed (PLS) Dates (All Sections) Aug 15 Tall Fescue to Western Wheatgrass May 1 Annual Rye Total: 50 50 50 100 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. Finishing. Where applicable, the shoulders, siopes, and ditches shall be smoothed after seed bed preparation has been completed and shaped to conform to the cross-section previously provided and existing at the time planting operations were begun. BROADCAST SEEDING: The seed or seed mixture in the quantity specified shall be uniformly distributed over the areas shown on the Drawings and where directed. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer shall be distributed at the same time provided the specified uniform rate of application for both is obtained. "Finishing" as specified in Section D- 45, Construction Methods, is not applicable since no seed bed preparation is required. DISCED SEEDING: Soil over the area shown on the Drawings as directed to be seeded shall be loosened to a minimum depth of three (3) inches and all particles in the seed bed shall be reduced to less than one (1) inch in diameter or they shall be removed. The area shall then be 0?J09/2010 SC-� 8 PART D - SPECIAL CQNDITIONS finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. The seed, or seed mixture, specified shall then be planted at the rate required and the appiication shail 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 roliing of the slope areas shall be on the contour. i ASPHALT MULCH SEEDING: The soil over the area shown on the Drawings, or as directed to be seeded, shail be loosened to the minimum depth of three (3) inches and all particles in the seed bed shali be reduced to less than one (�) inch in diameter, or they shail be removed. The area shall then be finished to line and grade as specified under "Finishing" in Section D-45, Construction Methods. Water shall then be applied to the cultivated area of the seed bed until a minimum depth of six (6) inches is thoroughly moistened. After the watering, when the ground has become sufficiently dry to be loose and pliable, the seed, or seed mixture specified, shall then be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than mechanical methods, the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time, provided the specified uniform rate of application for both is obtained. After planting, the seed shall be raked or harrowed into the soil to a depth of approximately one-quarter (1/4) inch. The planted surface area and giving a smooth surface without ruts or tracks. In between the time compacting is completed and the asphalt is applied, the planted area shall be watered sufficiently to assure uniform moisture from the surFace to a minimum of six (6) inches in depth. The application of asphalt shall follow the last watering as rapidly as possible. Asphalt shall be of the type and grade as shown on the Drawings and shall conform to the requirements of the item 300, "Asphalts, Oils and Emulsions". If the type of asphalt to be used is not shown on the Drawings, or if Drawings are not included, then MS-2 shall be used. Applications of the asphalt shall be at a rate of three-tenths (0.3) gallons per square yard. It shall be applied to the area in such a manner so that a complete film is obtained and the finished surface shall be comparatively smooth. RE-SEEDING OF AREAS PLANTED WITH COOL SEASONS SPECIES: Areas where temporary cool season species have been planted may be replanted beginning February 1 with warm season species as listed in Table 120.2(2)a. The re-seeding will be achieved in the following manner. The cool season species shall be mowed down to a height of one (1) inch to insure that slit-seeding equipment will be able to cut through the turF and achieve adequate soil penetration. * Slit-seeding, is achieved through the use of an implement which cuts a furrow (slit) in the soil and piaces the seed in the slit which is then pressed close with a cult packer wheel. 4. HYDROMULCH SEEDING: ovosizoio SC-19 PART D - SPECIAL CONDITIONS if hydro mulch seeding is provided, seed mix shall have 95% purity of Bermuda grass and have a germination rate of 90%. Contractor shail 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: Ail fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the City of Fart Worth in accordance with the Texas Fertilizer Law. A pelieted 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 Agriculturai Chemists. in the event it is necessary to substitute a fertilizer of a different analysis, it shali 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 "See.ding". Work in this section shali be considered subsidiary work, 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 ali 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 shali 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. ovosi2o�o SG20 PART D - SPECIAL CONDITIONS D- 46 SUBSTANTIAL COMPLETION INSPECTIONIFINAL INSPECTION 1. 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 substantialiy complete. 2. 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. 3. 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. 4. Payment for substantial completion inspection as well as finai inspection shail be subsidiary to the project price. Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection. 5. 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 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 shail be considered as _ incidental work included in the Contract Unit Price bid for applicable pipe or structure installation except for short tunneling/tree augering. 2. Any and all trees located within the equipment operating area at each work site shall, at the direction of the Engineer, be protected by erecting a"snow fence" along the drip line or edge of the tree root system between tree and the construction area. 3, Contractor shall inspect each work site in advance and arrange to have any tree limbs pruned that might be damaged by equipment operations, The Engineer shall be notified at least 24 hours prior to any tree trimming work. No trimming work will be permitted within private property without written permission of the Owner. 4. Nothing shall be stored over the tree root system within the drip line area.of any tree. 5. Before excavation (off the roadway) within the drip line area of any tree, the earth shall be sawcut for a minimum depth of 2 feet, 6. At designated locations shown on the drawings, the "short tunnel" method using Class 51 D.I, pipe shall be utilized. 7. Na trees diameter 6" or greater shall be removed or damaged, and no trees within park areas shall be removed or damaged. Specific exceptions are as listed in the plans. 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 S C-2 � 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 shali be pressure grouted. D- 48 [NOT USED] D- 49 [NOT USED] D- 50 EXPLORA70RY EXCAVATION (D-HOLE) The Contractor shall be responsibie for verifying the locations of all existing utilities prior to construction, in accordance with item D-6. At locations identified on the drawings, contractor shali conduct an exploratory excavation (D-Hole), to locate and verify the location and elevation of the existing underground utility where it may be in potential conflict with a proposed facility alignment. The exploratory excavation shall be conducted prior to construction of the entire project only at locations denoted on the plans or as directed by the engineer. Contractor shall submit a report of findings (including surveyed elevations of existing conflicting utilities) to the City prior to the start of construction of the entire project. If the contractor determines an existing utility is in conflict with the proposed facility, the contractor shall contact the engineer immediately for appropriate design modifications. The contractor shall make the necessary repairs at the exploratory excavation (D-Hole) to obtain a safe and proper driving surface to ensure the safety of the generai 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, No separate payment shall be made for exploratory excavation(s) conducted. D- 51 [NOT USED] 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 [NOT USED] D- 54 [NOT USED] D- 55 TREE PRUNING A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 3. Steel "T" = Bar stakes, 6 feet long, 02/09/2010 S C-22 PART D - SPECIAL CONDITIONS 4. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 5. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 6. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 7. Survey and stake location of root pruning trenches as shown on drawings. 8. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone. 9. Backfill and compact the trench immediately after trenching. 10. Place a 3-foof wide by 4-inch deep cover of mulch over the trench as required by the Engineer. . 11. Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 12. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection. E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or ciearing 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 remaved 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 shali 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, inciuding 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. � 02/09/2010 S C-23 PART D - SPECIAL CONDITIONS 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. 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 fiyer 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 shail 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.. ovosi2o�o SG24 PART D - SPECIAL CONDITIONS All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. D- 59 [NOT USED] D- 60 [NOT USED] 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 an the street as well as provide a smooth transition bet�veen the existing pavement and the temporary repair. The contractor shali be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. Temporary Pavement Repair shall be considered subsidiary to the project contract price. D- 62 [NOT USED] D- 63 EASEMENTS AND PERMITS The performance of this contract requires certain temporary construction, right-of-entry agreements, and/or permits to perform work on private property. The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities, such as sewer lines or manholes. For locations where the City was unable to obtain the easement or right-of-entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements, which the City has obtained, are available to the Contractor for review by contacting the consuitant who distributes the pians 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 repiacement on private property. Contractor shail adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from fhe 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 ovosi2o�o SG25 PART D - SPECIAL CONDITIONS included in the lump sum pay bid item for "Associated Costs for Construction within Railroad / Agency Right-of-way". No additional compensation shall be aliowed on this pay item. D- 64 PRE-CONSTRUCTION NEIGHBORHOOD MEETING After the pre-construction conference has been held but before construction is ailowed 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 foilowing the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. D- 65 [NOT USED] D- 66 [NOT USED] 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 (TPDE5) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The contractor is defined as an operator by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permittingJwater 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 ozosi2o�o SG26 PART D - SPECIAL CONDITIONS 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 & Genera) 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 paramefers and techniques to be employed to reduce the release of sediment and pollution from the construction site. The Contractor shall prepare a SWPPP and erosion control plan for this project, and shall provide the City with 3 copies of it. 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 shall be prepared by the Contractor and implemented at least 48 hours before the commencement of construction activities. The contractor shall submit a schedule for implementation of the SWPPP. Deviatians from the plan must be submitted to the engineer for approval. Modifications may be required to fully conform to the requirements of the Permit. The contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the contractor must be prepared and submitted by the contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, , or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form rnust be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall .be installed and maintained throughout the construction to assure effective �nd 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 ovosizo�o SC-27 PART D - SPECIAL CONDITIONS structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposai as full compensation for all items contained in the project SWPPP. D-68 COORDINATIDN WITH THE CITY'S REPRESENTATIVE FOR OPERATIONS OF EXISTING WATER SYSTEMS It is the Contractor's responsibility to coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative, The Contractor may obtain a hydrant water meter from the Water Department for use during the life of named project. In the event the Contractor requires that a water valve on an existing live system be turned off and on to accommodate the construction of the project, the Contractor must coordinate this activity through the appropriate City representative, The Contractor shall not operate water line valves of existing water system. Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischiefl and the Contractor wili be prosecuted to the full extent of the law. In addition, the Contractor will assume all liabilities and responsibilities as a resuit of these actions. . 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 comp(eted in 30% of the stated contract time as may be amended by change order), the following proactive measures will b� taken: A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide ovosi2o�o SG28 PART D - SPECIAL CONDITIONS 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 individuais. 5. if the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. D-71 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERI�D HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. D-72 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ovosi2o�o SC-29 PART D - SPECIAL CONDITIONS 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 $500/day to the contractor performing the work. Payment by the contractor for all Street Use Permits shall be considered subsidiary to the contract cost and no additional compensation shall be made. E1TD OF P�1RT D- SPECIAL CONDITIONS oa�osi2o�o SC-30 PART D - SPECIAL CONDITIONS (To be printed on_Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON WATER AND / OR SEWER LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR�S SUPERINTENDENT> A7 <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> A7 < TELEPHONE NO.> AFTER 4:30 PM �R ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP TH/S FLYER HANDYWHEN YOU CALL ovosi2o�o SC-31 PART D - SPECIAL CONDITIQNS F�ORTWORTH Date: DOE tt0. XXXX Pro�ect Hrme: HOTICE OF 1'EMPORARY WATER S�RVIC� II�TER�UPTION DUE TO UTILITY IMPROVEMENTS IN YOUR N�IGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETVf��N TFI� FIOURS OI' AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEAS� CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (T�LEPHONE NUMB�R) �� MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONV�NIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, �CONTRACTOR ovo9i2o�o SC-32 PART D - SPECIAL CONDITIONS F TEXA3 D�PAR7HIENY C1� HEALTN ,� oEM�L,ITIc3N t RE�i�1VAT[QN � _ *i _- Nt1TIF1�ATfON �t.?RM � N4TE; CIRGLE fT'FM5 TNA7 ARE AM1�ND�D � n H � NOTiFICAYIdN#_ _ � i) Aba6eme�t �4�1Gra4kor; _ TDH Lipens� NulnbBr, � Address : ciky: Stai�: Zlp: -- _ � iC7ffio� Phana Numbar: ( 1 Job �Ite Phone Numbat: � Site St,iFeru�sor: -- TDH Licsn�se N�mhe� U 31te �vporv�isar: -- Tt�H License Numaer. _.. _ - s Trained On-Site N�$HAP IndiVidU81; Cerlificati4n D�t�: Demblitidn Goniractor: �ftiCe �ho�le Alumhet{ f _.__ AddreSS: �ity: 5teie: _ . . _Zip: 2j Praj�: t Consullanl o: Op�rai��: _ Ti]H Litar�sa hlumher M€�Ifnc� Addte;.:,; _ �Ih�: .. slate_ Zip; 4f�ce Phone Number: t 1_ 9} Facllily�J�hner ___ Att�rltidh: - -- -- _ _ . h�eiJing �ddresa�; �Ily: --- 5iate: �ip; Ovrner Phone tdumbor{ ).____ _ "N�ta�� Thd Invaico fot Iho notificatlon faa wfll 6e sant ta thc ownet nt t)se buprJln@ �n�i i114 b[Iting ��dr� fdt tho Ir+vaice wlli he nhtslnod iT�ptfl tlt4 1�1[4tmaltbrt fli�t ls �rrov]dad In thts sestlon_ M 4) Descri�tia� nr Facility N�me: -- . � Physieal Ad�re�s; _ . �ourtty: Cif�: Zfp� S FacilhyPhone;Vumher� } Fsc�uityGantactPer�om ___---- -- _. . H Destripaion of AreaFRoom Num6er. _____._ _ . A Pri4r kl8e, Fdturr� Usa: --- --- i P Age o? B�ildiru�lFaciliiy; �i�: Numhar nF Flaar�;�„ S�nool {K -12); G� YES ❑ NC3 5) iyX►¢ bf'Nlork: i-1 6emaliti�n `I RenoVatl+�tt {Ab�te�nsn#) � Annual Cansolidated Work will be during: t� pay ❑ Eve�ting ❑ Niyltt :- PtjaSeci Ptnjar.l Clascriptlan of wvrk schetiulc: ------- 6} 15 ihi� a Public Build[ng? i i YES I`J NQ p�derai �acfllfy7 U Y�� _� NC7 Industrial 5ite? �a YE5 Il NO NE5hlAP-�nly Factllty7 ❑ YES ❑ Ntl 3s 6�ildirlg,��ility Occupied7 �1 YE5 ci ND 7) t�viifcakio€� Type CHE�CK �NLY �N� �� t�ri�ina) (10 WarEc(r�g I3aysj .7 Cancellati�� C� Amendr�,�nf I� �me�gcnc}�IOrdared [(lhis is �rl �riiendment, �rrhich am�ndmeni nt�mber fs this?� (E�ctosc �opy of orl�lnal andlar I�st �mendmentj If an em�r�ency, vrho dld you talk with ai TDhi7 �m�rgencyt�; ` Dai� a�d Haur oi �»er��ty {NH(P.1�+�6DtYY}: ��sctipti�n aF the $u�'den, unexpe�ted event and expl: fl�[i0fi d� IifltrJ thb dV6ri{ C��sed unsa% conditi4ng or �14U� 48US� �quipment �iam��e {camputers, maahinery, etc _ - - B) D�stription of pro�edures #p 6� follotved In ihe �Verlt 1ha1 Un�t��et6d 8�5�sta5 i5 Eound or prev�aUsly r1Qrt-ftia�l� �s�estas m�ierial becames Grumblad, pul�refized, ar r$ducad ia prn�der; ___ 9) 4Vas Bn IL54@9145 sUfV�J pBIf07171QC17 � Y�S G No �a�e: 1 1 TDN InspeoiQr l.icense hlo:.� 4 An�lylic�l Melhod, 0 P�M t� TEP.i � kssumetl 7oH Labora;oryr ticense Na: N �For 1'ANi�a. (put�lic buitdingj praject5: an ��sumpti4n must be m�de by a T�H Liccnsed inspeetarj "I t4) Q�scripf4n 4f planned demoliwn ar r,�r,au�tion tivork, typ� Qf m��rial, and m�thod;s) t4 be used� 11 } descripGan oP tiv❑rk prac�ir,�s and en�l�eeri�� t�onVals to be Usetl to pfovont emissierts of asbeatos a� th� demolitic3nlr�novailt�n; ovosi2o�o SC-33 PART D - SPECIAL CONDITIONS 12} ALL �pplica�6c Itcr'r�� ir� tY,a f�lla�rring table must be qqmpleted; IF NQ �.S��S7GS PFtESENi �NECK M��i� _ 13j bVaete Transparter Name; 'T�H l,ic�ns� N�amt��r. Ad�res$: ci�y: Sts�e; Zlp;.- ---- - CozltaGi Pe�pn; Ff7o��e Numb�r: t y '!�) 1�Ja�t� aispa�al Site Name: --- __. _..__ . . , ,A4idr�59; — _ �ily: State: �ip: --- T�iephane; {_ 1 TiVRCC Permit Numh�r. 1�) Far stn��turally unsound tacllltl�, atlaCh � Cdpy af d�rttolii'�an vrder and'uientij� �av�mm��tal (�ffiole.l b�lwll; N�,»e; Ra�istratlon No; _ ____ T'sl�; d�,i� of or�et (A,1A7/DD; YY) t t Daie nrd�r to k�egirs (fv1�dlDQiYY) � f 1s� sch�dui�d �atPs of f+sbestos F�Uatement (PdA+UDQlYY} Start: ! 1 C�mRleie; J ! 17) Schadul�d Det�s Dem4li;fon�Renat��t�c�n {MhtradlYY) S1zrt, 1 ! �'bnlpl6t�: ! ! '�' Note: N Ihe start date on this neliNzatlbtt t�n ii4t b+� nial, ihv TDM Regional or Local Program offlce Musi ha �anlacted by phone prior to tha slart date. Fa31uro �o da sa Eg a vlotatl�n (n �Goar�an�� t�, TAHRA, �oetlQr� 295.B1, l herehy cQ�iiiy I��t 3II informat:on I have prflvlded Is carrect, cortipintd, �rltt 1tU� io tne 6est oF my kn�v�ledge, F�Gkn4��.��dg� that I�.m responsEble ior �II aspects at tti� notificaiion Porrre, includin9, but nol limitin�, content and submissfan dai�s. Tf�a maximum penalty i� $1 Q,OOR pec day per v�olatia�. --.. ._ _. _ . (8ignelure oF guil�Bin� 4wn�r1 ��perator (f�rinted Namc) (Daie} (T�I�Rhanej a Delegated �or�sullar�llCantra�tar) � ) {pax htur�abbrj h,1AtL TO_ AS9C�7�?� �lOTIFICA7'ION SECTION To7CtC 5�85TAhiC�S GtJNTR4l, C�IVISlQN TEXAS D�PAttiM�NY �� hIC,4LYh� "F.7xos �ro fsbt ac�t�pl�d' PD BOX �d��.38 "Fax�es aro nat �rcecptad' AtJSTIN, TX 7£3714-3538 Pl�i: 512-83•i �G[10, �-8C�-572-55�'!8 Fomt APBi 5, d�t�d (%7/�9/�J2, Replaces 7f�N F�rr�� rla�ntl U�li�D�. �or �ssrstance in comptef7ng t'Qrm, calr i-8D0-57�-55d8 ovasi2o�o SC-34 DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 DA-7 DA-8 DA-9 DA-10 DA-11 DA-12 DA-13 DA-14 DA-15 DA-16 DA-17 DA-18 DA-19 DA-20 DA-21 DA-22 DA-23 DA-24 DA-25 DA-26 DA-27 DA-28 DA-29 DA-30 DA-31 DA-32 DA-33 DA-34 DA-35 DA-36 DA-37 DA-38 DA-39 DA-40 DA-41 DA=42 DA-43 DA-44 DA-45 DA-46 DA-47 DA-48 DA-49 DA-50 10/23/08 PART DA - ADDITIQNAL. �PEGIAL CONDITItJN� fNOTUSED] .................................................................................................................4 fNOTUSED� .................................................................................................................4 [NOT USEDl ..................................................................................................................4 fNOTUSED) .................................................................................................................4 jNOTUSED] ..................................................................................................................4 (NOT USED7 ..................................................................................................................4 TYPEOF CASING PIPE ................................................................................................4 �NOT USED] ..................................................................................................................4 [NOT USED] ................................................................................................... . ..........4 fNOTUSED1 ..................................................................................................................4 [NOT USED] ..................................................................................................................4 [NOT USED] ..................................................................................................................5 fNOTUSED] ..................................................................................................................5 �NOT USED] ..................................................................................................................5 II'NOT USED] .................................................................................................................5 LNOTUSED1 .................................................................................................................5 �NOT USED] ..................................................................................................................5 fNOTUSED) ..................................................................................................................5 fNOTUSED� ..................................................................................................................5 [NOT USED] ..................................................................................................................5 jNOTUSED] ..................................................................................................................5 [NOT USED] ..................................................................................................................5 fNOTUSED] .................................................................................................................5 fNOTUSED] .................................................................................................................5 REPLACEMENT OF 6" CONCRETE DRIVEWAYS ......................................................5 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE ..............................................5 GRADEDCRUSHED STONES .....................................................................................6 �NOT USED� ..................................................................................................................6 [NOT USED] .................................................................................................................6 2" H.M.A.C. SURFACE COURSE (TYPE ��" MIX) .......................................................6 �NOT USED] .............................................................................................................._...7 (NOT USEDj ................................................................................................................7 [NOT USEDj ..................................................................................................................7 [NOT USED] ..................................................................................................................7 [NOT USED] ..................................................................................................................7 [NOT USED] ..................................................................................................................7 [NOT USED� ..................................................................................................................7 �NOT USED� ..................................................................................................................7 [NOT USED] ..................................................................................................................7 �NOT USED1 ..................................................................................................................7 fNOTUSED] ..................................................................................................................7 jNOTUSED] ..................................................................................................................7 (NOT USED] ..................................................................................................................7 �NOT USED] .................................................................................................................7 LNOTUSED� ..................................................................................................................7 (NOT USED] ..................................................................................................................7 PAVEMENT REPAIR IN PARKING AREA ....................................................................7 EASEMENTSAND PERMITS .......................................................................................7 [NOT USED] ..................................................................................................................8 [NOT USEDl ..................................................................................................................8 ASG1 PART DA , ADDITIONAL �PECIAL �(3NDITIQN� DA-51 DA-52 DA-53 DA=54 DA-55 DA=56 DA-57 DA-58 DA-59 DA-60 DA-61 DA-62 DA-63 DA-64 DA-65 DA-66 DA-67 DA-68 DA-69 DA-70 DA-71 DA-72 DA-73 DA-74 DA-75 DA-76 DA-7? DA-78 DA-79 DA-80 DA-81 DA-82 DA-83 DA-84 DA-85 DA-86 DA-87 DA-88 DA-89 DA-90 DA-91 DA-92 DA-93 DA-94 DA-95 DA-96 DA-97 DA-98 DA-99 DA-100 jNOTUSED1 ..................................................................................................................8 �NOT USED] .................................................................................................................8 [NOT USED] .................................................................................................................8 [NOT USEDj ..................................................................................................................8 �NOT USED1 ..................................................................................................................8 SHOPDRAWINGS ........................................................................................................8 COSTBREAKDOWN ....................................................................................................9 [NOT USED] ... ..........................................................................................................9 CNOTUSEDI .................................................................................................................9 ASPHALTDRIVEWAY REPAIR ....................................................................................9 TOPSOIL ......................................................................................................................9 [NOT USED] ..................................................................................................................9 �NOT USED] .................................................................................................................9 WORKIN HIGHWAY RIGHT OF WAY ..........................................................................9 CRUSHED LIMESTONE (FLEX-BASE) ......................................................................10 I'NOT USED1� .............................................................................................................10 NON-EXCLUSIVE CONTRACT ...................................................................................10 fNOTUSED]' ...............................................................................................................10 [NOT USED]' ...............................................................................................................10 �NOT USEDj' .............................................................................................................10 H.M.A.C. TESTING PROCEDURES ............................................................................10 SPECIFICATION REFERENCES ................................................................................11 �NOT USED]' .............................................................................................................11 fNOTUSED1� ..........................................................................:....................................11 (NOT USED�' ...............................................................................................................11 CNOT USED]' .............................................................................................................11 ,. �NOT USED�' ...............................................................................................................11 [NOT USED] ................................................................................................................11 INOTUSED� ................................................................................................................11 [NOT USED] ................................................................................................................11 (NOT USED1 ..............................................................�............,.....................................11 L.i(�UIDATED DAMAGES ............................................................................................11 PAVINGREPAIR EDGES ...........................................................................................11 TRENCHBACKFILL ...................................................................................................12 [NOT USED� .............................................................................................................. 12 PROPERTYACCESS ..................................................................................................12 [NOT USED� ................................................................................................................12 jNOTUSED] ................................................................................................................12 (NOT USED] ................................................................................................................12 2" TO 9" H.M.A.C. PAVEMENT ..................................................................................12 �NOT USED] ................................................................................................................13 (NOT USED] ................................................................................................................13 fNOTUSED] ................................................................................................................13 �NOT USED] ................................................................................................................13 fNOT USEDj ................................................................................................................13 jNOTUSED] ................................................................................................................14 fNOTUSEDj ................................................................................................................14 �NOT USED] ................................................................................................................14 CNOTUSEDI . ..............................................................................................................14 fNOTUSED] ........................... ............................................................................14 90/23/08 ASC-2 PART DA - ADDITIONAL SPECIAL GONDITIQNS DA-101 [NOT USED� ............................................................................................................14 DA-102 [N07 USED] ............................................................................................................14 DA-103 �NOT USED] ...........................................................................................................14 DA-104 [NOT USED� ............................................................................................................14 DA-105 fNOT USED� ............................................................................................................14 DA-106 jNOT USED] ............................................................................................................14 DA-107 [NOT USED1 ............................................................................................................14 DA-108 (NOT USED] ...........................................................................................................14 DA-109 fNOT USED] ...........................................................................................................14 DA-110 [NOT USED] ...........................................................................................................14 DA-111 [NOT USED] ............................................................................................................14 DA-112 jNOT USEDj ............................................................................................................14 DA-113 [NOT USED] ............................................................................................................14 DA-114 INOT USED] ..:.........................................................................................................14 DA-115 [NOT USED] ............................................................................................................14 DA-116 [NOT USED] ............................................................................................................14 ' DA-117 fNOT USED] ............................................................................................................14 DA-118 INOT USED� ............................................................................................................ �4 DA-119 fNOT USED1 122 ' , 10/23/08 ASC-3 PART DA - ADDIT�f.?NAL SI�EEIAL �QNDITIQNS DA-1 [NOT USED] DA-Z [NOT USED] DA-3 [NOT USED] DA-4 [NOT USED] DA-5 [NOT USED] DA-6 [NOT USED] DA-7 TYPE OF CASING PIPE 1. WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to ttie 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; A. 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 AW1NA C-203. B. Touch-up after fieid welds shall provide coating equal to those specified above. C, Minimum thickness for casing pipe used shall be 0.50 inch, Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company, Advanced Products and Systems, Inc., or an approved equal shali be used on all non- concrete pipes when instalied in casing, installation shall be as recommended by the manufacturer. 2. SEWER: Boring used on this project shall be in accordance with the material standat•d E1-15 and Construction standard �2-1 S as per Fig. 110 of the General Contract Documents. DA-8 � [NOT USED] DA-9 [NOT USED] DA-10 [NOT USED] DA-11 [NOT USED] �oi2sios ASG4 PART DA - ADDITI�INAL SP�CIA�, �QNDITiQNS ' DA-12 [NOT USED] DA-13 [NOT USED] DA-14 [NOT USED] DA-15 [NOT USED] DA-'16 [NOT USED] DA-17 [NOT USED] DA-18 [NOT USED] DA-19 [NOT USED] DA-20 [NOT USED] DA-21 [NOT USED] DA-22 [NOT USED] DA-23 [NOT USED] DA-24 [NOT USED] DA-25 REPLACEMENT OF 6" CONCRETE DRIVEWAYS This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a suitable dump site, For specifications governing this item see Item No, 104 "Removing Old Concrete", Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. DA-26 REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE The contractor shall remove all existing deformed H.M.A.C, pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface,base-some sub-base removal for which the Engineer will select the necessary depth. The �oi2sioa ASC-5 PAR7 DA - ADDITIQNAL SPECIAL, CONDITIQNS remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined abave, the contractor shall place the permanent pavement patch, with "Type D" surface rnix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. P�acement of the surFace mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot-Mix Asphaltic Concrete" shall govern work. DA-27 GRADED CRUSHED S70NES This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones. For specifications governing this item see Item No. 208 "Flexible Base", DA-28 [NOT USED] DA-29 [NOT USED] DA-30 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) All applicable provisions of Standard Specifications, Item Nos. 312 "Hot-Mix Asphaltic Concrete", 300 "Asphalts, Oils and Emulsions", 304 "Prime Coat", and 313 "Central Plant Recycling-Asphalt Concrete" shall apply to the construction methods for this portion of the project. Standard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coaf, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. The contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. 10/23/OS AS C-6 PART DA - ADDITIONAL SPECIAL �i�NDITtONS DA-31 [NOT USED] DA-32 [NOT USED] DA-33 [NOT USED] DA-34 [NOT USED] DA-35 [NOT USEDj DA-36 [NOT USED] ' DA-37 [NOT USED] DA-38 [NOT USED] DA-39 [NOT USED] DA-40 [NOT USED] DA-41 [NOT USED] DA-42 [NOT USED] DA-43 [NOT USED] DA-44 [NOT USED] DA-45 [NOT USED] DA-46 [NOT USED] DA-47 PAVEMENT REPAIR IN PARKING AREA 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 backfi(led and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level with the finished adjacent surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. DA-48 EASEMENTS AND PERMITS Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secu�ed before construction starts, No work is to be done in areas requiring easements and/or permits until the 10/23/08 �isC-% , PART DA - ADDITIONAL �PE�I�,L �4NDITIQNS necessary easements are obtained. The Contractor's attention is directed to the easement description and permit_requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits, Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. ln the event additional work room or access is required by the Contractor, it shail be the Contractor's responsibility to obtain written permission from the praperty owners involved for the use of additional property required. No additional payment wiil be allowed for this item. DA-49 [NOT USED] DA-50 [NOT USED] DA-51 [NOT USED] DA-52 [NOT USEDj DA-53 [NOT USED] DA-54 [NOT USED] DA-55 [NOT USED] DA-56 SHOP DRAWINGS 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review, Submittais may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by #he Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data, Processed shop drawing submittals are not change orders. The purpose of submittals by the CQntractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of 90/23/08 %�SC-$ PART DA - ADDITIONAL �PE�IAL, �4NDIT�QNS other trades and satisfactory perFormance his work. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the appiication. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Address for Submittals - The submittals shall be addressed to the Project Manager: Paul Bounds City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 DA-57 COST BREAKDOWN In order to establish a basis upon which partial payments to the Contractor may be authorized, immediately after execution of the contract the Contractor shall furnish a detailed cost breakdown of his contract price arranged and itemized to meet the approval of the Engineer. DA-58 [NOT USED] DA-59 [NOT USED] DA-60 ASPHALT DRIVEWAY REPAIR At locations where H.M.A.C. driveways are encountered, such driveways shall be completely replaced for the full extent of utility cut with H.M.A.C. equal to or better than the existing driveway. DA-61 TOP SO1L Where directed by the Engineer, top soil shall be applied in accordance with the City of Fort Worth Transportation and Public Works Department's Standard Specifiications for Stree# and Storm Drain Construction, Item 116, except as follows: DA-62 [NOT USED] DA-63 [NOT USED] DA-64 WORK IN HIGHWAY R1GHT OF WAY When the Engineer directs the Contractor to perform work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the Contractor shall obtain approval from the Texas Department of Transportation prior to commencing any work #herein, All 90/23/08 ASC-9 PART DA - ,�4DDITIt�NAL SPECIAL CQNDITIDNS work performed in the Tex-Dot right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation. DA-65 CRUSHED LIMESTONE (FLEX-BASE) Grushed limestone required for use as a flexible base material shall canform to Specification Item No. 208 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth Transportation and Public Works Department. DA-66 [NOT USED] DA-67 NON-EXCLUSIVE CONTRACT This contract is non-exclusive. During the term of this contract or any renewal hereof, the Gity reserves the right to advertise and award another contract for like or similar work. If a second contract is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, wifihout recourse. DA-68 [NOT USED] DA-69 [NOT USEDj DA-70 [NOT USED] DA-71 H.M.A.C. TESTING PROCEDURES The contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maxirnum of 20% rap may be used. No Rap may be used in type ��p�, Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the contractor is approved for placement of the asphalt. The contractor shall contact the City Labaratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densi#ies. The required Density for Type "B" and for Type "D" asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D" asphalt. Densities on #ype "B" rnust be done before Type "D" asphalt is applied. 90/23/08 ASC-10 PAR1' DA - ADDITIONAL SPECIAL C�NDITIONS Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphait is applied. Upon completion of the application of Type "D" asphalt additional cares must be taken to determine the applied thickness. DA-72 SPECIFICATION REFERENCES When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shail be understood that the latest revision of such specification, prior to the date of these general specifications or revisions thereof, shall appfy. DA-73 [NOT USED] DA-74 [NOT USED] DA-75 [NOT USED] DA-76 [NOT USED] DA-77 [NOT USED] DA-78 [NOT USED] DA-79 [NOT USEDj DA-80 [NOT USED] DA-81 [NOT USED] DA-82 LIQUIDATED DAMAGES Failure to compiete work on time: The Owner and the Contractor agree that it will be most difficult or impossible to ascertain the amount of damages that will be sustained by the Owner if the Contractor fails to complete the work in the allotted time, but they both agree that the Owner would sustain substantial damages in such event. Accordingly, if the Contractor fails to complete the contract in the calendar days specified, a time charge shall be made for each working day thereafter, not as a penalty but as liquidated damages. The contractor shall pay liquidated damages of one thousand ($1,000.00) per day for each working day beyond the Contract Time that the project is not complete. Should the amount otherwise due the Contractor be less than the amount of such ascertained and liquidated damages, the Contractor and his surety shall be liable to the City of such delivery. DA-83 PAVING REPAIR EDGES i0/23/08 AS C-11 PART DA - ADDITIONAL SPECIAL �4NDITIQNS All paving repair edges shall be undamaged neat lin�s (by sawing or equal) and shall be parallei or p�rpendicular to the center line of the street. DA-84 TRENCH BACKFILL, The Contractor shall place the pipe embedment and backfill with washed rock per the foliowing specification. Washed Rock: All washed rock used for embedment or as otherwise directed by the engineer shail be washed gravel or washed crushed stone or washed crushed gravei and shali meet the foliowing gradation and abrasion: Sieve Size 1 �/ �� 3/8" #4" #8 % Retained 0-10 40-75 55-90 90-100 95-100 / Los Angeles abrasion test: 50% Maximum wear per ASTM. DA-85 [NOT USED] DA-86 PROPERTY ACCESS (UTIL. CUT) Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. DA-87 [NOT USED] DA-88 [NOT USED] DA-89 [NOT USED] DA-90 2" 70 9" H.M.A.C. PAVEMENT (UTIL. CUT) These items wiil include the furnishing and placing of H.M.A.C. surtace course as directed by the Engineer. For Specifications governing Type "D" H.M.A.C. see the 1982 Texas State Department af Highways and Public Transportation, Spec. Item No. 340 "Hot Mix Asphaltic Concret� Pavement". �oi2aioa ASC-12 PART DA - ADDlT10NAL SPECIAL CONDITIC�NS , H.M.A.C. is also covered under Spec. Item No. 312 in the Standard Specifications for Construction, City of Fort Worth. Subsidiary to the H.M.A.C. pavement shail be sawing, removal of asphaltic material, gravel and excavation as shown on the details or as directed by the Enginee�. The removed surfacing shall be loaded into trucks upon removal and hauled away from the job site as directed by the Engineer. In no case shall the removed surface be stockpiled on the job site. The following work method will be performed on each utility cut: 1. Place safety signs, barricades and/or other warning devices where necessary and as required. 2. The existing asphalt pavement shall be saw cut into a square or rectangular shape and cut side faces vertically, The sawed asphalt pavement shall be a minimum of 1` outside the utility cut area. 3. Apply liquid asphalt tack to vertical faces and bottom of excavated area in a uniform manner. Do not puddle tack coat on bottom of utility cut area. Do not appiy tack coat to washed rock. - 4. Place H.M,A,C. surface mix in lifts not to exceed three (3) inches. Last or top lift shall not be less than two (2) inches in thickness, 5. Each lift shall be thoroughly compacted with a plate compactor or portable vibratory roller. Fifteen to twenty passes will be necessary with a vibratory roller and mix temperature above 250 F(121 C) to ensure a good compaction. Top lift when compacted shall be approximately 1/8 inch above surrounding pavement. 6. Apply liquid asphalt around edges of patch along cold joints. 7. Clean up surrounding area. Do not leave excess fill or excavated material on the pavement. 8. RemoVe safety signs, barricade and/or warning devices after job is complete. DA-91 [NOT USED] DA-92 [NOT USED] DA-93 [NOT USED] DA-94 [NOT USED] DA-95 [NOT USED] 10/23/08 ASC-13 PART DA - ADDITIONAL �P��IAL �ONDtT�4NS DA-96 [NOT USED] DA-97 [NOT USEDj DA-98 [NOT USED] DA-99 [NOT USED] DA-100 [NOT USED] DA-101 [NOT USED] DA-102 [NOT USED] DA-103 [NOT USED] DA-104 [NOT USED] DA-105 [NOT USED] DA-106 [NOT USED] DA-107 [NOT USED] DA-'108 [NOT USED] DA-109 [NOT USED] DA-110 [NOT USED] DA-111 [NOT USED] DA-112 [NOT USED] DA-113 [NOT USED] DA-114 [NOT USED] DA-115 [NOT USED] DA-116 [NOT USED] DA-117 [NOT USED] DA-118 [NOT USED] �oizsios ASC-14 PART DA - ADDITIONAL �P�GIAL ��NDITIQNS DA — 119 [NOT USED] a� i0/23/08 ASC-15 �� F Ci��";:;. . :, .'' a� : Rr..��:.. . � � � ��'' o : ; .d� .. , ,�� a,: �:r. �� `�»»�. *w : . . .- a��-�� WATER DEPARTMENT SECTTON E SPECIFICATIONS JANUARY 1, 1978 All materials; construction methods and procedures used in this project shall conform to Sections El, 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 �2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of Apri120, 1981, follow: E1-2,4 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 E2-2.1 lTrench Backfill: (Correct minimum compaction requirement wherever it appears, in this section to 95% Procter densiry except for paragl•aph a.l. where the "95% modified Procter density" shall remain unchanged). SECITON E100 -- MATERIAI., SPECIFICATIONS MAT'ERIAL STANDARD E100-4 JANLTARY 1, 1978 (ADDED 5/13I90) E100-4 WATERTIGHT MANHOLE 1NSERTS. ' E100-4.1 GENERAL: This standard covers the furnishing and installation of watertight gasketed manhole inserts in the. Fort Worth sanitary sewer collection system. E100-4.2 MATERIALS AND DESIGN: a. The manhole insert shall be of corrosion-proof high density polyethelenethatmeets or exceeds the requirements of ASTM D1248, Category 5, Type III. b. The minimum thickness of the manhole insert shall be 1/8". c. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprenerubberandmeetthe requirement ofASTM D1056, or equal. d. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum l wide woven polypropalene or nylon webbing, with the ends treated to prevent unravell ing. 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 iriflow at a rate no greater than 10 gallons per 24 hours. E 100-4.3 INSTALLATTON: 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. E100 (1) Compliance with and Enforcement of Prevailing Wa�e Laws (a) Dutv to pav Prevailing Wa�e 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) Penalt�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 Citv 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 3151 day after the date the City receives the infoi•mation, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contcactor 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 fiill 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 woi�ker, 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 worlcer 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 1 lth 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 worlcer. 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 pe��tain to this inspection. (fl 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) Postin og f Wa e� Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site ofthe 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. 2009 Prevailing Wage Rates far City-Awarded Public-Works Projects �� I, ��;, ''�",' il � I I . AC Mechanic . 25.9 A ,O.t9 0.83 .27.91 $ $1 1 $ $ $ AC Mechanic Helper $15.81 $0.00 $O.DO $0.3tl $16. Acoustical Ceiling Mechanic $15.56 $0.57 $0.03 $0.1 $1b.2 Acoustical Ceiling Helper $12.27 $0.19 $O.pD $0,0 512.q Abestos Worker $0.00 $0.00 $0.00 $0.0 $0. Bricktayer/Stone Mason $18.54 $0.24 $0.00 $0.00 $18.78 Bricklayer/Stone Mason Helper $10.39 $0.00 $0.00 $0.00 $10.39 Carpenter $17.08 $1.62 $0.17 $0.81 $19.69 Carpenter Nelper $13.45 $0.75 50,08 $0.71 $14.99 Concrete Finisher $13,97 $0.41 50.04 $0.14 $14.55 Concrete Finisher Helper $12.14 $0.43 $0.04 50.11 $12. Concrete Form Builder $14.03 $0.67 $0.03 $0.15 $14.8 Concrete Form Builder Nelper $11..72 $0.54 $0,03 $0.10 $12.39 Orywall Mechanic 516.10 $0.56 $0.02 $0.30 $16.98 Drywatl Helper $12,43 $0.33 $0.00 $0.28 $13.05 Drywail 7aper $15.00 $0.0 $0.00 $0.00 $15.0 Drywalt Taper Helper $11.50 $0.07 $0.00 $0.00 $11.5 Electrician (Journeyman) $21.77 $1.08 $0.05 $0.38 $23.29 Electrician Helper $15.32 $1.09 $0.05 $0.27 $16.73 Electronic Technician $20,00 $0.00 $0.00 $0.00 $20.OQ Etectronic Technician Hefper $0.�0 $0.00 $0.00 50.00 $0.0 FtoorLayer(Carpet) $0.00 50.00 $0.00 $0.00 $0. Ftoor Layer (Resitient) $18.00 $0.00 $0,00 $0.00 $18. Ptoor Layer Hetper $10,00 $0.00 $0.00 $0.00 $10. Glazier $18.53 $1.92 $0.38 $0.71 $21,5 Gtazier Helper $13,49 $1.20 $0,10 $0.35 $15.13 Insutator $16.59 $0.2 $0.12 $0.08 $17.08 Insutator Helper $11.21 50.36 50.11 50.13 $11.81 Laborer Common $10.47 $0.70 50.06 $0.08 $11.3 Laborer Skitled 513.24 $0.98 $0.06 $0.12 $14.41 Lather 517. $0.00 50.00 $0.00 $17. Lather Helper 515.00 $0.00 $0.00 $0.00 $15. 2Q09 Prevailing Wage Rates for City-Awarded Public-Works Projects Metal Building Assembler $16.00 $1,56 $0.63 $0.00 $18.19 Metal Building Assembter Nelper $12.00 $1.56 $0.63 $0.0� $14.19 painter 512.57 $0.69 $0,02 $0.09 $13.3 Painter Helper $9.98 $0.61 $0.02 $0,09 $10,70 Pipefitter $21.14 $0,90 $0.13 $0.45 $22.59 Pipefitter Helper $14.92 $0.58 $0.11 $0.23 $15,82 Plasterer $17•24 $0.05 $0.00 $0,00 $17,30 Plasterer Helper $12.85 S0.05 $0.12 $0.43 $12.90 P(umber $20,33 $0.69 $0.12 $0.43 $21.56 Plumber Heiper $14.95 $0.95 $0.11 $0.00 $16.42 Reinforcing Steet Setter $13.01 $0.36 $0,07 $0.23 $13.6 Reinforcing Steel Setter Helper $11.19 $0.25 $0.05 $0.16 $11.64 Roofer $16.78 $1.25 $0.23 $0.1 $18.43 Roofer Hetper $12.33 $1.25 $0.23 $0.17 $13.98 Sheet Metal Worker $17.49 $0.97 $0.10 $0.51 $19.0 5heet Metal Worker Helper $14.16 $1.40 $0.17 $0.44 $16.15 Sprinkler 5ystem Installer $19.17 $1.68 $0.33 $0.33 $21.5 Sprinkler System Installer He(per $14.15 $1.50 $0.00 $0.50 $16.0 Steel Worker Structural $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker Structurat Helper $13.74 $1.37 $0.39 $0.09 $15.59 Concrete Pump $18.50 $0.00 $0.00 $0.00 $18.50 Crane, Clamsheet, Backhoe, Derrick, D'Line Shovel $17.91 $1,30 $0.12 $0.24 $i9.48 Forktift $12.96 $0.42 $0.04 $0.08 $13.5 Foundation Dritl Operator $22.50 $0,00 $0.00 $0.00 $22.5 Pront End Loader $13.21 $0.36 $0,06 $0.17 $13.79 Truck Driver $15.21 $0.65 $0.06 $0.19 $16.11 Wetder $17.81 50.92 $0.12 $b.3 $19,15 Welder Nelper 512.55 $0.75 $0.00 $0,33 $13.64 ;'; 7'yp� 'C' or `B' �ctckfill �� SQnd Mo�eri�l �ROPOSED �°� �ED STREE T (BeneQ{h Fulure Paving On/y) . �, , ;. .� , ��; ';�;. � •�� • 1 • /'�\�� . 2 ,, ` ,,' . �,--- `�_ '�' Embedment �'i � � ;'•; Inc/uded In Lineor Foot �id Price o� Pip�. Cd SE 1% PROAoSED PAVEA SrRE�T N. r. s. EX/ST/NG pAVED STREET Street pQvinq .,... _ . .,......... - — � � :-�.'_ _ �.� _ •� _ _ _ _� � • v �'U�.b f Gul f�r Qnd/ar Sidewa/k '�, ,&'s8 � Sh //,Be Pa lf em Onlx If Within ,�o r�' : !�Q vemen� R�poir Is A�r Linear Foot �nsls, PQvinq - Wid f h is Usua!ly Onv Foot �ofh Sides of Tr�ench, Howp►�er Upper Porf ior� �f Trench Wid�h Sha/l �8e Grete�mined by Ca�lractor: ;: EmGa�menf _ .�, a y f� l.5feetf Naminal Pipe Diamefer 2 i (2feetMin.) fo The �o% The P�p� - And Is Replac�d os Directed by � �� - The Engineer. � , .. � ' Sond Materiol :•` ;; Included In 1 i�ar Fao� �Bid Prica of Pipe. CASE 2: EX�SrING PAv�',o ST��'Er N. r. 5. EXCAVA7/ON, RACKFIC L ANn PAV�'M�'�E ��pA�R UNoER AROPOS��D OR EX/ST/NG SlR f /C'i�/RE A � Revisfd 9-9-92 EXISttIVG ST�tEET pAVEM�NT _ ; �i.•��,•.•.•.•.•.�.•.•.•.•.•.•.�.►. .•...•.t . • • • ♦ • • s � . . • • + r • • • • � ♦ � s • �s`i �'��,��',,'',r��;�� -� ' . • .. , j�,'� �, � � ; � : - - . . -;.� . � . ♦ ',� ' ,/'' + ' � . , �xtsr. eAs� � SAND MATERIA�. � GRANU�A�2 EHBEAM�NT �' ci�?�Acr�� -��s� ��r��z�c. � , . , , � . T�NPORARY PAVEMENT R�pAIR SFtAt�i. $E H1.}T OR CU1,.D MIX ASPNA�T, ROL��i� 2'. MtiVtMt.l1�1 .,�,, � � � . .� . , . • •�'. - �� .. •�� .. ...,.�+ � . . . `.,.. •� , -' ''� ' ■ EXCAVATED l�tA1�RIAL SH�+LL CDMStST '•Y : • •.s�y .� •. ,. .�. •,• OF HAT�R1At. � t�' IHIN t7R � . . � • : � �: - ,� � �l.t�'�►T�D PIE1�S. ROCKS, LE1t�S 0�" � �,,�. .. . 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E1-2.3 G.C.D. ; . t�; - �3. ' t• _ . � , � �,�, � MINIMUM 12" INITIAL B�A�CKFiLL CONER MINIMUM 6" EMBEDMENT lYPE "C" BACKFILL SEE SPEC. E1-2.4 G.C.D. FlLTER FABRIC— SUPAC—HEAVY GRADE 8NP (t111) OR APPROYED EQUAL CRUSHED STONE SEE SPEC. E1-2.3 G.C.D. � - � � �. � ' �'�' � '�- � ix SAND GRAD� • LESS 'iNAN 10X PASSING �200 SiEVE • P.L � 10 OR IESS CRUSHED STONE GRAQA?10N s�� s�zE ReraNm 1" O-1O X�" 40-75 �" 55-90 �4 90-100 �8 95-100 f, � + � � , ,�� NOTE: SPECIFlCATION REFERENCES ARE FOR WATER AND SANITARY SEWER ONLY. MATERIAL SPECIFICAl10NS 'THE EMBEDMENT AND BACKFlLL DETAILS PROVIDED ON THIS SHEET SHALL REPLACE APPROPRIATE PROVISIONS OF E1-2.4{b) AND E1-2.3 QF 7HE GENERAL CONTRACT DOCUMENT'S AND SPEqFlCAT10NS FOR WATER DEPAR'TAAENT PROJECTS (G.C.D.) ALL 0'MER PROVfS10NS OF THESE ITEMS SHALL APPLY. CITY OF FORT WORTH, TEXAS WATER AND SANITARY SEWER EMBEDMENT AND BACKFILL DETAILS DATE: JUNE 2009 . � . �.0-, b � CV �N1�13113� „Z M � � (V N � ��—� � ' N N cV +� � C � N � `C � ca � Q, N Q.% � � � c� Z��t` r O cy °�° � � � Q � � � U � � W � � � � V '� z� �� - ° � � U a. °' � .� W�a�°� � w ,.-�� - a� O � a ��' � Q� � � � z� �-a � � o c � � � � - � �� o � O � }� � � � �•-��, � V � L � � � �� .� L L Q. � � � � � � a: � � � o M o p N ��/ m I.G. W F � �W ¢ � � �H W �U ~ ,w � ZO � V� �. o Ua "WU � � �O U 0- LL .� � I cV ��Z—,Z in cV W � J m � � N � � � J i� W � � _--� M H O � � w 0 J O Z m � � O Q �� Z W m Z � " � m N W J v 1� =Q � � UQ N� N p I � I o �- � o x � �' W tn � O S~ � Z J � 0= O�Q (��~ _ F— I— � O I— C � Z�J C��Z OOQ 000 i i 1 6— Contracts, Bonds and Insurance � 6.1 — Certificate of Insurance � 6.2 — Contractor Compliance With Workers' Compensation Law � 6.3 - Conflict of Interest Questionnaire � 6.4 - Performance Bond � 6.5 - Payment Bond ❑ 6.6 - Maintenance Bond � 6.7 — City of Fort Worth Contract �� , Rev 2-2-10 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTIES OF TARRANT, DENTON § PARKER AND WISE § This Contract made and entered into this� day of �, , 2012, by and between the Cit of Fort Worth, a hbme-rule mu n i c i al cor oration situate in Tarrant Y P P , , Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("City"), and Great Lakes Dredge & Dock, �LC ("Contractor"). City and Contractor may be referred to herein individually as a party or coliectively as the parties. NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, Contractor shall provide all materials, equipment, personnel, pumping, piping and all other necessary service to perform the dredging and disposal services as detailed in the City's request for Bids for Lake Worth Dredging Program Phase I Dredging - City Project No. 01166 and all addenda and as further detailed in the Contractor's response to such request. If there is a conflict between the terms of the request and the response the terms of the request shall prevail. If there is a conflict between the request, response or this document, then this document shall prevail. 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows: A. Contaminated Soil means any such soil, earth, or dirt, or related material found or suspected to be infused with, or containing hazardous substances, hazardous wastes, or pollutants. B. Contract Documents means the Request for Bid Documents, Specifications, Contractor's Response and this contract. C. Deliverable Document means a report, photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. D. Director means the Director of the Water Department or his designee. E. Environmental Damaqes shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation, reasonable attorney's fees and disbursements and consultanYs fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: i. Damages for personal injury and death, or injury to property or natural resources; ii. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the excavation, removal and backfill of possibly contaminated soils and related wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or coliecting any sums due hereunder; and, iii. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in sub-paragraph 2 of this part. F. Environmental reauirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and ii. All requirements pertaining to the protection of the health and safety of employees or the public. G. Hazardous materials means those materials defined as hazardous by the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. H. Hazardous substance means any substance designated pursuant to 33 U.S.C. § 1321 (b)(21)(A); any element, compound, mixture, solution, or substance designated pursuant to 42 U.S.C. § 6921, the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress; any toxic pollutant listed under 33 U.S.C. § 1317(a); any hazardous air pollutant listed under 42 U.S.C. § 7412, the Clean Air Act; and any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to 15 U.S.C. § 2606. The term does not inciude petroleum, including crude oil substance, under any of the above references, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). I. Hazardous waste means any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq., as amended. '_ake Worth Dredging Contract-Phase 1 2 Of 14 �RR Execution Copy 051112 J. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. K. Oil means any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil, or any fraction thereof which is liquid at standard co�ditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste. L. Pollutant means dredged spoil; solid waste; incinerator residue, filter backwash; sewage (inciuding sewage from boats); garbage; sewage sludge' munitions; medical wastes; chemical wastes; biological materials' toxic materials; radioactive materials; heat, wrecked or discarded equipment; rock; sand; cellar dirt; industrial, municipal, recreational, agricultural and other waste; and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). M. Silver Creek Materials Disposal Facilitv means that facility owned/operated by the Contractor's subcontractor, licensed and permitted to accept for disposal the dredged material located at 2251 Silver Creek Road, Fort wortn, Texas �61os N. Subcontract means a contract between the Contractor for this project and another person or company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. O. Unacceptable Waste means any Hazardous material, Hazardous waste, Hazardous substance, Contaminated Soil or Pollutant dredged or encountered while carrying out the duties of this contract. 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall perform in a good and professional manner the services listed in the Request for Bids titled "Lake Worth Dredging Program" Phase I, Project No. 01166, and all addenda. Such services include the dredging of materiai in certain identified portions of Lake Worth and the testing and disposai of such material, in accordance with the Contract Documents. B. Contractor certifies that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to perform this contract. In addition, Contractor agrees to require any of its subcontractors used to perform this contract to have and maintain current and appropriate federal, state and local licenses and permits to perform this contract. C. Contractor certifies that it has a�d will maintain the required insurance listed in the Contract Documents. D. Contractor shall be responsible for testing of the dredged materials as stated in the Revised SW-2 Subsection D of the Request for Bid shown on Exhibit A. E. Contractor shall assume responsibility for all material it delivers to the Silver Creek Materials Disposal Facility unless it is determined that the dredged material is Unacceptable Waste pursuant to the Revised SW-2 subsection D shown on Exhibit A. Upon confirmation that such waste is Unacceptable Waste, the City shall be responsible for the removal and disposal of such dredged material. 3. SCOPE OF CITY SERVICES Lake Worth Dredging Contract-Phase 1 3 of 14 CRR Execution Copy 051112 The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor, render City decisions and to accompany Contractor; B. City shall compare sample results data collected by the Contractor pursuant to the DREDGED MATERIAL TESTING REQUIREMENTS pursuant to the Revised SW-2 Subsection D shown on Exhibit A and shall be responsible for the removal and disposal of any dredged material deemed by the Contractor and the City to be Unacceptable Waste. . C. City may at its discretion, perform additional tests to characterize the dredged materials D. City shall coordinate the response for any Hazardous material, Hazardous waste, Hazardous substance, Contaminated Soil or Pollutant dredged or encountered while carrying out the duties of this Contract; E. Coordinate with City facilities, City departments, and any tenants; and F. Review and sign all waste manifests produced by Contractor for this project. 4. TIME TO START AND COMPLETE A. Contractor agrees to begin work within ten (10) days from the date the Notice to Proceed is issued to Contractor and to complete all phases of the work by within five hundred forty (540) calendar days from the date of the Notice to Proceed. B. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $1,000 per working day, not as a penalty but as liquidated damages, the Contractor and its Surety shall be liable to the City for such deficiency. C. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the City shall have the right to either demand the Surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such manner as it may deem proper, and if in the completion thereof, the cost to the City shall exceed the contract price or prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its Surety shail pay City on demand in writing, setting forth and specifying and itemized statement of the total cost thereof, said excess cost. 5. SUBCONTRACTORS A. If Contractor desires to subcontract any service or services, Contractor agrees to obtain the City's written acceptance of such subcontractor(s) before allowing any subcontractor(s) to perform designated service or services. B. Both parties acknowledge and agree that Contractor shall enter into an agreement with Silver Creek Materials for the disposal of the dredged materials. City hereby Lake Worth Dredging Contract-Phase 1 4 of 14 rCRR Execution Copy 051112 provides its consent, provided such agreement with Silver Creek Materials includes the same General Indemnifications in this Contract to the City. C. Contractor shall also ensure that the City and/or its contractor has access to enter the Silver Creek Materials Disposal Facility for any required testing, inspection or removal of the dredged material. 6. UNACCEPTABLE WASTE/UNSUITABLE WASTE A. Both parties agree that they have received and reviewed the Sediment Characterization Report dated April 2011. Both parties agree that they do not have actual knowledge of any Unacceptable Waste in the portions of Lake Worth to be excavated. However, if Contractor discovers or has reason to believe Unacceptable Waste is present in the dredged material or could be released by Contractor's excavating activities, Contractor shall immediately suspend dredging activity and notify the City. Contractor shall have no responsibility to remove or transport the suspect dredged material until it is determined that the dredged material is not Unacceptable Waste. Upon notice of the suspect dredged material, the City shall verify whether the material is Unacceptable Waste as soon as is reasonably possible. If the City determines the material to be Unacceptable Waste, then the City shall arrange at its sole cost for the material to removed and disposed of at a proper facility. If the suspect dredged material is deemed not to be Unacceptable Waste then Contractor shall immediately resume dredging activity and remove and dispose of the dredged material upon notification from the City. B. Contractor shall perForm the DREDGED MATERIAL TESTING REQUIREMENTS pursuant to the Revised SW-2 Subsection as shown on Exhibit A. C. If the City deems any dredged material unsuitable for disposal at the Silver Creek Materials Disposal Facility, or if the Contractor can show through analytical data as agreed upon by the City that such material in unsuitable for disposal the Silver Creek Materials facility, then the City shall be responsible for excavation, removal and off-site disposal of that material from the Silver Creek Materials facility. Contractor shall have no further liability with regard to the removed waste. .�.-u. s •► A. GENERA� INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HO�D HARM�ESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SO�E NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. B. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES, OR VIOLATIONS OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S ?_ake Worth Dredging Contract-Phase 1 5 of 14 '�RR Execution Copy 051112 TRANSPORTING OR HANDLING OF ANY HAZARDOUS MATERIAL, HAZARDOUS WASTE, HAZARDOUS SUBSTANCE OR CONTAMINATED SOIL OR POLLUTANT PURSUANT TO THIS CONTRACT. C. Contractor further agrees that the City shall not be deemed a generator of any Hazardous material, Hazardous waste, Hazardous substance, Contaminated Soil or Pollutant dredged or encountered while carrying out the duties of this contract. D. , The obligations of the Contractor under this Paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder to indemnify, City shall provide Contractor with reasonably timely notice of same. F. The obligations of the Contractor under this Paragraph shall survive the expiration of this contract and the discharge of all other obligations owed by the parties to each other hereunder. G. In all of its contracts with subcontractors for the performance of any work under this contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this Paragraph. H. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled at the expiration of the said thirty- day period, the Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (a) above is met at any time within the six-month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six-month period, the City Manager may recommend that final payment to Contractor be made. At the '_ake Worth Dredging Contract-Phase 1 6 of 14 '�RR Execution Copy 051112 expiration of the six-month period, the City Manager 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 City Manager. 8. BONDS The Contractor agrees, upon the execution of this Contract, and before beginning work, to make, execute and deliver to City of Fort Worth the foilowing bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the City of Fort Worth. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the Contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the City. 9. NOT TO EXCEED AMOUNT AND PAYMENT A. In consideration for the work perFormed by Contractor under this contract, City shall pay Contractor a sum not to exceed twelve million four hundred ninety-six thousand, nine hundred four dollars ($12,496,904.00.) The City is responsible for notifying Contractor of any questions concerning an invoice, and shail not be required to pay Contractor until such questions have been resolved. Charges to the City shall be based on, and wholly consistent with the Contract Documents. B. Periodically during the performance of this contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the "not to exceed" price, Contractor shall prepare to cease its operations unless and until the contract is amended and an authorized representative of the City directs Contractor to perform additional work. C. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement detailing any and all justifications for delays incurred shall be presented to the City. D. Payment will be made in monthly instaliments upon actual work completed by Contractor and accepted by the City and receipt of invoice from the Contractor. Lake Worth Dredging Contract-Phase 1 7 of 14 'CRR Execution Copy 051112 10. ASSIGNMENT It is further agreed that the performance of this Contract, wither in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the City. Any request for any sublease or assignment shall be made in writing and submitted to the Director. 11. MINIMUM WAGE The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 12. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by dredging of Lake Worth. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry-accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 13. TERMINATION A. City may terminate this contract without cause by giving 30 days' written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this contract, City shall pay contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this contract shall become the property of the City when the contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. D. In the event either party defaults in the performance of any of its obligations under this contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non- defaulting party shall have a right to terminate this contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a thirty (30) day period commencing upon the date of notice of default in which to effect a cure. If the defaulting party fails to effect a cure within the aforesaid thirty (30) day period, or if the default cannot be cured, the contract shall terminate as of the date provided in the notice of default. 14. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or Lake Worth Dredging Contract-Phase 1 8 of 14 'CRR Execution Copy 051112 negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, fiood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. Contractor shall pay all costs and attorneys fees incurred by City in the enforcement of any provision of this contract. C. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 15. RIGHT TO AUDIT A. City shall, untii the expiration of five (5) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions related to this contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment under the subcontract, access to and the right to examine 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 appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 16. INDEPENDENT CONTRACTOR Contractor shall perform work under this contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co-employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this contract, except as outlined in this contract or as otherwise required by federal,. state, county or city law, regulation or rule. 17. MODIFICATION No modification of this Contract shall be binding on either Contractor or the City unless set out in writing and signed by both parties, and as necessary, approved by the Fort Worth City Council. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule (to include schedule extensions), deliverable document(s), and schedule of payments. '_ake Worth Dredging Contract-Phase 1 9 Of 14 �RR Execution Copy 051112 18. APPLICABLE LAW It is mutually agreed and understood that this Contract is made and entered into by the Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. 19. NOTICE Notices required to be made under this contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to: Frank Crumb, P.E., Director Department of Water 1000 Throckmorton Fort Worth, Texas 76102 (817) 392-8246 If to Contractor: Great Lakes Dredge & Dock Company, LLC Name of Company: L.w. Matteson Di�ision Name of Contact Person: Jon Nieman Address: #1 soutn Point Burlington, IA 52601 T@IOpIlOC1@: (319) 754-6705 FaX: (319) 753-6740 20. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas. 21. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the '' invalidity, iilegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision , had never been contained in the contract. 22. AUTHORIZATION '_ake Worth Dredging Contract-Phase 1 10 of 14 ',RR Execution Copy 051112 The undersigned officer and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. IN, IT ESS �1IHEREOF, the parties hereto have executed this agreement this the day of _��l i r� , 2012 in Tarrant County, Texas. INTENTIONALLY BLANK "_ake Worth Dredging Co�tract-Phase 1 11 of 14 '�RR Execution Copy 051112 �� f Signature Page for Lake Worth Dredging Contract Phase I ; Great Lakes Dredge & Dock Company, LLC . r _ '�. By: on Nieman Vice�resident City of Fort Worth � Fernando Costa ASSISTANT CITY MANAGER � : Attest: � _ �� •�� _��'k`----�- Witness Theresa H. Messer EXECU'PIVE ASSISTANT APP ME ED: rank Crumb, P.E., Director of ate Dept. q,b� � ,rr'dG � ATT � � � r, CITY SE 00 OFFICIAL RECORD CITY SECRETARY FT. WORTHy TX -��✓�-(U��' --- — Coi��.r�ci-. 14uthox i a+�t�o�a �, I )r� �"�..� �, 1Date T APPROVED AS TO FORM AND LEGALITY: � r2. � �. Christa R. R nolds Sr. ASSISTANT CITY ATTORNEY �_ake Worth Dredging Contract-Phase 1 12 of 14 CRR Execution Copy 051112 EXHIBIT A REVISED SW-2- SCOPE OF WORK D. DREDGED MATERIAL TESTING REQUIREMENTS: 1. The Contractor shall conduct dredged materiai testing, as described in this section, in order to verify that dredged material is suitable for unrestricted beneficial reuse. 2. The Contractor shall collect one sample of material per every 25,000 cubic yards of lake sediment to be dredged. This testing shall be performed in situ by the Contractor. Sample locations shall be collected from each of the Sediment Removal Areas described in Item SW-1:6 of this specification with the number of samples collected from each area determined by the estimated volume of sediment to be dredged from each area. 3. Samples shall be analyzed for the following chemicals of concern (COCs) by the appropriate SW-846 method that meets Texas Risk Reduction Program (TRRP) data quality requirements: a. Priority pollutant metals 1. Antimony 2. Arsenic 3. Beryllium 4. Cadmium 5. Chromium 6. Copper 7. Lead 8. Nickel 9. Selenium 10. Silver 11. Thallium 12. Zinc 13. Mercury b. Chlorinated Herbicides c. Organochlorine Pesticides 4. Samples shall be collected in accordance with standard professional practice for environmental sampling using containers provided by the laboratory in a manner that prevents cross-contamination of samples. 5. Samples shall be analyzed by a NELAC-accredited environmental laboratory acceptable to the City. Results shall be submitted to the City for review and evaluation. 6. The City will compare sample results to previous sampling results documented in the Lake Worth Dredging Project Sediment Characterization Report (dated April 2011), protective concentration limits (PCLs) and Texas-specific background concentrations established under the TRRP (Title 30, Chapter 350 of the Texas Administrative Code) for residential land use. Statistical comparisons consistent with those used in the Lake Worth Sediment Characterization Report may be utilized. 7. If any COCs exceed their groundwater protection PCL and their Texas- specific background concentration (applies to metals only), the Contractor shall immediately notify the City and conduct additional analysis of those samples for the elevated COCs by the Synthetic Precipitation Leaching �_ake Worth Dredging Contract-Phase 1 13 of 14 ' ;RR Execution Copy 051112 Procedure (SPLP). SPLP results shall be compared to PCLs for groundwater ingestion. The Contractor shall immediately notify the City ' of results from SPLP testing. If SP�P results are below PCLs for groundwater ingestion, the sediment from which those samples originated will be considered acceptable for unrestricted reuse. 8. The Contractor shall provide copies of all laboratory analytical results to the City for record files within 7 days of the date the Contractor receives those results from the laboratory. 9. The City shall determine if any proposed dredging areas contain sediment ' that is unacceptable for unrestricted reuse. If such areas are found, the City may perform additional sampling in those areas to further define the extent of unacceptable sediment. �ocations confirmed to contain sediment that is not suitable for unrestricted reuse will be removed from i this scope of work. 10. The City shall provide the Contractor with a written evaluation of sample results for the Contractor's concurrence, which shall not be unreasonably withheld. 4.ake Worth Dredging Contract-Phase 1 14 of 14 ;RR Execution Copy 051112 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: I/16/2012 NAME OF PROJECT: Lake Worth Dredging Program, Phase I I�redging PROJECT NUMBER: 01166 IS TO CERTIFY THAT : L.W. Matteson, a division of Great Lakes Dredge & Dock Company, LLC is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof, TYPE OF INSURANCE Policy Effective Ex ires Limits of Liabili Worker's Compensation Comprehensive General GL06554597-02 10/01/11 10/O1/12 Ea. Occurrence: $1,000,000 Liability Insurance (Public Liability) Blastin included per t e terms and conditi s of the General Liability Ea. Occurrence; $ Collapse of Building or structures adjacent to included per th terms and conditioi s of the General Liability Ea. Occurrenca: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk N/A Comprehensive BAP6554595-02 10/O1/11 10/01/12 Combined Single Limit Automobile Liabifity $1,000,000 Bodily Injury; Contractual Liability Ea. Occurrence; $ included per th terms and conditio s of the General Liability property Damage: Ea.Occurrence: $ Other Locations covered: Project site in Forth Worth, TX Description of operations covered• Hydraulic dredging The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, eithei• in the body thereof or by appropriate endorsement thereto attached, The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies exceptiiig employer's liabiliiy insurance coverage under Contractor's workers' compensation insurance policy. A�ency Arthur J. Gallagher Risk Mgmt Seivices, Ina Insurance Co. „� !�' � ` -�•t-��ortk� �� — B�° ;� =' �° Addre.ss Two Pierce Place, Itasca, IL 60143 Title ArP ��,j�(Pnt � � il �� CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No. F-2144 and City of Fort Worth Project No. 01166 IOWA STATE OF �� § DES MOINES § COUNTY OF T"�T § CONTRACTOR Great Lakes Dredge & Dock Company, LLC L.W. Matteson Division d f �� J l �. �Jarpe: Larry W. Matteson Tlt�@: President Da{g: January 13, 2012 Before me, the undersigned authority, on this day personally appeared , nown to me to be the person whose name is subscribed to the forego g instrument and acknowledged to me that he executed the same as the act and deed of� ��i4��, ��cF��i.� d�t� i. for the purposes and consideration therein expresse� and in the capacity therein stated. Given Under My Hand and Seal of Office this ��'day of (��,, 20,�_. Z ,,P��R�,�^ �' CP,SSAIdDRABU71"ERWOftTH z � ' GOn�MISSION NUMBER: 725914 ''��: R I n4Y CQMMISSIQN EXP�I2RES: ,� OVJ� , ,�� D , i__ _ _ .-, �- ��P - Notary Public in and for the State of �e�as zowA ' 2009 Prevailing Wage Rates for City-Awarded Public-Works Projects , AC Mechanic $25.9 $1.01 $0.19 $0.83 $27.91 AC Mechanic Hetper $15.81 $0.00 $0. $0.3 $16. Acoustical Ceiling Mechanic $15.56 50.57 $0.0� $0.1 $16.2 Acoustical Ceiling Helper $12.27 $0.19 $0.60 $0.0 $12.q Abestos Worker So.00 $o.00 So.ao So.o So. Brick(ayerlStone Mason $18.54 50.2A $0.00 $0.00 $18.78 Bricklayer/Stone Mason Helper $10.39 $0.00 $0.0 $0.00 $10.39 Carpenter $17.08 $1.62 $0.17 $0.81 $19.b9 Carpenter Helper $13.45 50.75 50.08 50.71 $14.99 Concrete Finisher $13,97 $0.41 $0.04 $0.14 $14.55 Concrete Finisher Helper $12.14 $0.43 $0.0 $0.11 $12.72 Concrete Form Buitder $14.03 $0.67 $0.03 $0.15 $14.8 Concrete Form 8uilder Nelper $11.72 50.54 50.03 $0.10 $12.39 �rywall Mechanic 516.10 $0.56 $0.02 $0,30 $16.98 Drywall Hetper $12.43 $0.33 $0.00 $0.28 $13.05 Drywall Taper $15,00 $0.07 $0.00 $0.00 $15.0 Drywatl Taper Nelper $11.50 $0.07 $0.00 $0.00 $11.5 Electrician (Journeym an) $21•77 $1.08 $0.05 $0.38 $23.29 Electrician Helper $15.32 $1.09 $0.05 $0.27 $16.73 Electronic Technician $20,00 $0.00 $0.00 $0.00 $20. Electronic Technician Helper $0.00 $0.00 $0.00 $0.00 $0.0 Floor Layer (Carpet) $0.00 $0•00 $0.00 $0.00 $0. Floor layer (Resitient) 518.00 $0.00 50.00 $0.0 $18. Ftoor layer Hetper 510.Q0 $0.00 $0.00 $0.00 $10. Gtazier $18.53 $1.92 $0.38 $0.71 $21,54 Glazier Helper $13.49 $1.20 50.10 $0.35 $15.13 insulator $16.59 $0.29 $0 J 2 $0.0 $i7.0 Insutator Helper $11.21 S4.36 50.11 50•t3 $11.81 Laborer Common $10.47 $0.70 $0.06 $0.08 $11•3 Laborer Skilted 513.ZA $0.98 $0.06 $0.12 $14.41 Lather 517.0 $Q•00 SO.OQ 50.00 $17. Lather Helper $15.0 50.00 50.00 50.04 $15. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICEUSEONLY Government Code by a person doing business with the governmental entity. oace Re�e��ea By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. � Name of person doing business with local governmental entity. 2 � Check this'box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176,006(a), Locai Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incornplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee orcontractorof the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended O1I13I2U08 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or ather person doing business with local governmental entity Page 2 Name of local government officerwith whom filer has affilitation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C& D, must be completed for each o�cer with whom the fller has a�liation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? � Yes � No B. Is the filer of the questionnaire receiving or likely to receive iaxabie income from or at the direction of ihe local government officer named in this section AND the taxable income is not from the local governmental entity? � Yes � No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government o�cer serves as an officer or director, or holds an ownership of 10 percent or more? � Yes � No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest, Signalure of person doing business with ihe governmental entfty Date Amended 01l13/2�06 Bond 09062962 Issued in "six" originals THE STATE OF TEXAS COUNTY OF TARRANT PERI+ORMANCE BOND § § KNOW ALL BY THESE PRESENTS: § 7'�1at WO��I�Great Lakes Dredqe & Dock Company, LLC L.W. Matteson Division � aS Principal herein,aIl(j�2� Fideli.ty and Deposit Company of Marvland > a corporation organized under the laws of the State of (3) Maryland , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Foi�t Worth, a municipal corporation located in Tarrant and Denton Counties, 7'OXaS� Obligee herein, lll t118 SUI71 Of Twelve Million Four Hundred Ninetv Six Thousand Nine Hundred FoLr pollars ($ �z, 496, 904. oo ) for the payment of which sum we bind ourselves, our heirs, executars, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Principal has entered into a certain written contract with the Obligee dated thel Othday of ,Tanuar� , 20�, a copy of which is attached hereto and made a part �"leI'eOf fOi' all pUl'pOSeS, fOT t�7� COriStI'uCtlOri Of Lake Worth Dredging Program, Phase I Dredging 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 fiill force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Governxnent Code, as amended, and all liabilities on this bond shall be deterinined 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 31�� __ day of January 20 lz � � �7TEST: �� z-�� (Principal) Secretary (S E A L) 7 l' Witness as o Pri ipal ATTEST: N/A Secretary (S E A L) ;� i f/,/ 1 / // / j �: ! / ' �'`/ �( -�� -P. �.� J I .l� 1�'� - Wifness as to Surety d1e ell�`5 5 L' Great Lakes Dredge & Dock Company, LLC L.Yi, t4a[[eson Division PRINCIPAL � . �. Name: � vv � L 4�Gcs • H Title: /'�e-y Address; #1 S°°t'' P°int Burlington, IA 52601 Fidelity and Deposit Company of Maryland SURETY , ^ By: ':�l`: . -�":/' —'"... �� zT . % Name: Haroia Miller Jr �� Attorney in Fact Address, 1400 AtdERICAN LANE, TOWER I,—'�BTH F7�OOR SCHA[R�iBURG, ZL 60196 Telephone Number. 'e'�, 605-600U NOTE; (1) Correct name of Principal (Contractor). (2) Correct name of Surety, (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. l� U �_� « � r� H v a � z � H a � H z w � 0 w J � � z Y U a � w � � � State of Illinois County of DuPage I, Joan B Ward, Notary Public of DuPage, County, in the State of Illinois, do hereby certify that Harold Miller Jr. Attorney-in-Fact, of the Fidelity and Deposit Company of Maryland who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the Fidelity and Deposit Company of Maryland for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Itasca in said County, this 31 st day of January , 2012. Not��ublic Joan B Ward My Commission expires: 10/29/2013 �..�.:�:,..,,.s:.;.�.,,,. �.�:,,�:.��:,..s.. E� ., ,., , r� (��ICI�`,l. ��,� �, � JC�P,N � VV/��U �NOi�1r?Y PU{�i,IC - �`f/'; C[. 01' II_LIN015 ]� hlY CO�J�tviISSIUN EXPI(��:S:10/?9/13 (t� Ki�n.i . ,.�... , i�.u�.:�.wnr.TF.�^..�s�..n..n.n.lanA U �� U �_� Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said g�ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat�},etre f� ��shereby nominate, constitute and appoint Sharon A. FOULK, Karen E. SOCHA, Willia ��,Il l�;jio� A.,� ;� O�EDER, Harold MILLER, JR., Kathleen WEAVER, Matthew V. BUOL, J.die�S��itd 'cl�� `I, all of Itasca, � .--, �r � Illinois, EACH its true and lawful agent and Attorr��-��,�t��3ft�C� ee � e��- Irver, for, and on its behalf as sure ty, and as its act and deed: any and � qn l�� r � erta i��V� �i�t xecution of such bonds or undertakings in pursuance of these presents, sha�� izsg-�pon aid�.��i y,`a s� u ly and amply, to all intents and purposes, as if they h a d b e e n d u l y e x e c� t �� k 1 1 �ted'ge ��cted offcers of the Com pan y at its office in Baltimore, Md., in their own ro er e is ew v�that issued on behalf of Sharon A. SONDERMAN, Karen E. P P P �F'r� 1��,� �� SOCHA, William T.��i�Jobl�' HROEDER, Randall K. MOON, Harold MILLER, JR., Kathleen WEAVER, Matthew V. BUOL, �a e- ERS, Michael R. PESCH, dated February 1, 2011. The said Assistant Secretary does hereby certify that the e�-act set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of September, A.D. 2011. ATTEST: �p Of P pS� � 1 �a. ?CA�ro+VE C. o Q "' """ � W P 1� 4 � q` �,a�i�.`�° State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND �� " ` �/��. Eric D. Barnes Assistant Secretary -� � � f —;-��rlr'Cs r �. 2��-_ ;;.. _..y', ✓ By: Frank E. Martin Jr. Vice President On this 22nd day of September, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, d�aly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said offcers of the Company aforesaid, and that the seal affxed to the preceding instrument is the Corparate Seal of said Company, and that the said Corporate Seal and their signatures as such offcers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,`��``�� H � �! i��i��i . `' I:Ci��'•:� i �,:•< ip:,Y';,: c : ft♦ \ ; : �%rE'•. ��G•114 : �G ; : �i h�:.• � �+' � ''�� I`I t't ��,``` POA-F 036-4271 l `� � Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary ar any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attarneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, ar Assistant Secretary of the Company, whether made heretofare or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affxed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ��5� day of ,." � i G G`/ G- �y l� , �� Assislant Secretary �ond 09062962 Lssued in "six" originals YAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1)� Great Lakes Dredge & Uoc}: Company, LLC L.W. bfatteson Division as Principal herein, `(Lnd �2� Fidelity and Deposit Companv of Maryland , a eorporation organized and existing under the laws of the State of (3) Ma=Ylana , 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 TWel�e Mi11=on Four Hundred Ninety Six Thousand N�ne Hundred FOUr pollars ($1?,�96,90�.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, adininistrators, successors and assigns, jointly and severally, fu�mly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the lOthday of January ___, 2012 , 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 pPO��Ct; Laxe Worth Dredging Program, Phase I Dredging 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, HOWEV�R, that this bond is executed pursuant to Chapter 2253 of the Texas Governrrient 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 31.St day of January 20�Z , � � 0 0 a �� TTE� � (Principal) Secretary (S E A L) r7 ,! �'l tness as to Princip ATTEST: N/A Secretary (S E A L) , � j � / r � � � � �1d , i �%�.- � � ) f r� � Jodie�Seller& Witness as to Surety J Great Lakes Dredge & Dock Company, LLC L.V1. P1a[teson Division PRINCIPAL L Name:� ��v � �J/"`a ZG�Jo v Title, r ��^ � Address: nl So°th po�� Burlington, IA 52601 FideliCy and Oeposit Company of Dlaryland SURET 7 � �� . B � : �`I�. �. �� z_.—� .1--= Name: Ha=old tAiller Jr �'' Attorney in Fact Address: l�oa At'fERICAN LANE, T047ER I, ld'"H FWnR SCHAUM1iflURG, IL 60196 Telephone Number. �84�, 605-6000 NOTE: (1) Correct name of Principal (Contractor), (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact, The date of bond shall not be prior to date of Contract. I� � � H U Q � z � �- a � H z w C�7 � w J � z Y U Q � w � � � i 0 State of Illinois County of DuPage I, Joan B Ward, Notary Public of DuPage, County, in the State of Illinois, do hereby certify that Harold Miller Jr. Attorney-in-Fact, of the Fidelity and Deposit Company of Maryland who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the Fidelity and Deposit Company of Maryland for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Itasca in said County, this 31st day of January , 2012. Not�� ublic My Commission expires: Joan B Ward 10/29/2013 v�s�ean�s�ovo�:��a:.�.-„�sy C��FlCI��I.. �(�AL JU�N E7 V+L1(l� NOiAP,Y PUI_3�,IC •� S'�,�1 E: UF II.LIrlC�IS tt4Y COY��IISSIi��a ��>��r;;:10lr�i/1;; ...:,,.,•.:� . ,. ,,,:.,-,,.s,.,..,.�,. .�.,,_,�..,,,.5 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said p�ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d e� f��s-hereby nominate, constitute and appoint Sharon A. FOULK, Karen E. SOCHA, Willia �1 I��'` o A. OEDER, Harold MILLER, JR., Kathleen WEAVER, Matthew V. BUOL, J.d��r +��d l��,?el� �� r,��, a11 of Itasca, �e Illinois, EACH its true and lawful agent and Attor �c�,i,tb�rta�Ce, e��.ee e��l'�� liver, for, and on its behalf as surety, and as its act and deed: any and �.�n��t� ertal�i� �V`�,��Fi`k��x�ecution of such bonds or undertakings in pursuance of these presents, sh �, �,�� pon a�. �P��y,`as`iu"lly and amply, to all intents and purposes, as if they had been duly exec �� ,cn �ted`ge � el'ected officers of the Company at its office in Baltimore, Md., in their own proper pe��rsr�'�iis p�o-vr� '� a€%��Y�vokes that issued on behalf of Sharon A. SONDERMAN, Karen E. SOCHA, William T. �I�+I Jo`�l�'�3' HROEDER, Randall K. MOON, Harold MILLER, JR., Kathleen WEAVER, Matthew V. BUOL, �� ERS, Michael R. PESCH, dated February 1, 2011. The said Assistant Secretary does hereby certify that the e�iract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corparate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of September, A.D. 2011. ATTEST: �p OEPps� ti.�F+cA��vf �' O A .,i ` ww� 3 W � � 1� 4� � �Mttl1� State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND �V - - /� / ! �� Eric D. Barnes Assistant Secretary . ��1< �. /VI!.G��-'%-��'.�.. _ B 1 ti' r ✓ Y� Frank E. Martin Jr. b'ice Pre.s,'dent On this 22nd day of September, A.D. 2011, before the subscriber, a Notary Public of the State of Maryianu, c�u:y commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Se�r�tary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and o�%.Gers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and be?ng by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corparate Seal of said Company, and that the said Corpc;rate Ss,al and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ``*�`` � C 11! �/ i��i�i ..` I:Ci)�� `•.f� � �� f�,�� I I C. : F. �: �4j � U(�lli!`y �� tlllit��, l � � Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 POA-F 036-4271 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. IZESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, , � this _��/ S day of Gy "L ,�� i;� � (�v�� Assistant Secrelary City of Fort Worth Lake Worth Dredging Program — Phase I Dredging City Project Number 01166 FNI Project Number FTW09104 ADDENDUM NO. 1 September 21, 2011 . . : RO�iA Q. it� � . .��.. . . g1D79 � � .:� % .�� important Notice: The time for the submission of Bids has been changed to Thursdav, October 13, 2011, 1:00 pm. The location for the submission of Bids is unchanged. The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid form. PRE-BID MEETING The following questions and answers occurred at the pre-bid meeting on Thursday, September 15, 2011 and the follow-up site visit to Silver Creek Materials that same day. A copy of the sign-in sheet is attached for reference. 1. Question: Will a maintenance bond be required? Answer: A maintenance bond wil► not be required. Bid bond, performance bond, and payment bond will be required. Siiver Creek Materials' agreement does not require them to provide bid, performance and payment bonds to the General Contractor. The General Contractor shall be responsible for providing bid, performance and payment bonds for all work included in this project, including that of Silver Creek Materials, � 2. Question: Who owns the water in the lalce and the return water that will be returning from the disposal site to the lake? Answer: The City of Fort Worth owns the actual lake structure, but the Tarrant Regional Water District owns the water. 3. Question: Have there been any changes made to the disposal site contract? Answer: No changes have been made to that agreement. However, the City Attorney is lool<ing at some of the pricing commitment letter language to address ownership of the material by Silver Creel< Materials once it has been delivered to them. No substantive impact on the dredging contract is anticipated from this, 4. Question: Will the City of Fort Worth accept responsibility and liability if the General Contractor cannot reach the required sub-contractual agreement with Silver Creek Materials? Answer: The City will review this further and provide a response with Addendum #1. 5. Question: Can the City include a bid item for stand-by rate, to be used if the City requires the Contractor to stand down from work for a reason (such as elevated air quality alert status or sediment contamination) other than Contractor's non-compliance with the contract documents, or if Silver Creek Materials causes a delay in the dredging operations? Answer: The City will consider this and provide a response in Addendum #1. 6. Question: The specification indicates that the General Contractor will not be paid for any over- excavation below elevation 584; does that same limitation apply to payment to Silver Creek Materials for disposal? Answer: The Silver Creek Materials disposal pay quantity requirements will be reviewed and a response will be provided with Addendum #1. 7, Question: Will the City allow a plus or minus 6" finished grade elevation tolerance, with reference to the 584 elevation finished grade? Answer: The City is agreeable with doing this, and will provide specific language for this in Addendum #1. 8. Question: Can a report of the stump locations/removal that occurred with the pilot dredging project be made available for bidders? Answer: The City will find out what information is available, and post it on CivCast and Buzzsaw as soon as possible. 9. Question: Can a 50' wide by 4'-5' water depth channel be dredged to provide for lake access forthe dredge barge? Answer: The City will review this further and provide a response with Addendum #1. 10. Question: Can the bid date be moved back? Answer: The bid date will be moved back two weeks. 11. Question: The 65 dB/40 dB noise limitation may exclude the use of diesel pumps; can the limitation be raised to 85 dB/65 de, or can best management practice be used? Also, where will the noise level be measured? Answer: The City will review this further and provide a response with Addendum #1. 12. Question: The length of pipEline indicated in the bid form appears to be different than in the plans, please clarify. Answer: The City will review this further and provide a response with Addendum #1. 13. Question: Since the type and extent of rock that might be encountered on the project is not known at this time, can that bid item be removed, and can it be handled by change order if and when encountered during dredging? Answer: The City is agreeable with doing this, and this will be accomplished with Addendum #1. 14. Question: Can the current Letter of Permission application to the Corps of Engineers be posted for bidders to access? Answer: Yes, this will be posted on CivCast and Buzzsaw as soon as possible. 15, Question: Can the length of required turbidity curtain be provided? Answer: Yes, this information will be provided with Addendum #1. 16. Question: Who will be responsible for moving the dredged material around within the Silver Creek Materials disposal site as needed? Answer: The specifications for dredge disposal requires that Silver Creek Materials' earthwork contractor perform this activity; however, it is the General Contractor's responsibility to lengthen and shorten the dredge material delivery pipeline as needed throughout the duration of the project. 17. Question: When was the last bathymetric survey of the dredge areas performed7 Answer: In 2009. 18. Question: It was mentioned in the pre-bid meeting that the deadline for submitting pre- qualification documentation is 7 days prior to bid opening, but the ADDITIONAL SPECIAL INSTRUCTIONS TO BIDDERS indicates 14 days prior to bid opening. Please clarify. Answer: The deadline for submitting pre-qualification documentation is 7 days prior to bid opening, 19. Question: The contract documents require a 5% retainage; is Silver Creek Materials also required to comply with the 5% retainage? If not, can the portion of the General Contractor's 5% retainage related to the disposal bid items be waived? Answer: Silver Creek Materials' agreement does not require them to comply with the 5% retainage. However, the General Contractor is still required to comply with the 5% retainage for all bid items, including the disposal bid items. GENERAL 1. With regard to Question #4 under the "PRE-BID MEETING" section above: Except for the case of implementation of the rapid dewater/belt-press disposal option, the requirement for the General Contractor to enter into a sub-contractual agreement with Silver Creek Materials for disposal remains. Failure by the General Contractor to enter into this sub-contractual agreement will be failure to comply with the contract documents, and the City of Fort Worth will maintain the right to withdraw the award of construction contract to this General Contractor and to consider award to the next lowest bidder. Section 2— Front End Documents 1. Specification 2.4A — Additional Special Instructions to Bidders, A.1 second paragraph — Delete "at least fourteen (14) calendar days prior to the date of bid opening. The Water Department may request any other documents it may deem necessary. Any additional documents so requested shall be submitted to the Director of the Water Department or his designated representative at least seven (7) calentlar days prior to the date of the opening bids." and replace with "at least seven (7) calendar days prior to the date of bid opening." 2. Specification 2.6 —Scope of Work and Detailed Project Specifications,_ SW-1 B, second paragraph — Delete "However, no over-excavation below the 584' finished grade elevation indicated in the construction plans shall be considered for pay volume," and replace with "The target finished grade elevation, as indicated in the plans, is 584'. However, a tolerance of plus or minus 6 inches is allowed, such that an actual field finished grade elevation between elevations 583,5 and 584.5 is acceptable. No over-excavation below 583.5' finished grade elevation shall be considered for pay volume." 3. Specification 2.6 —Scope of Work and Detailed Project Specifications, SW-2 B.12 — Delete "The ambient noise level from any machinery or equipment shall not exceed 65 dB during the day (7:00 a.m, to 7:00 p.m,) and shall not exceed 40 d6 during the night (7:00 p.m. to 7:00 a.m.)," and replace with "The day-night noise level, Ldn, from any machinery or equipment shall not exceed 65 dB measured at the nearest affected residential building or church. Ldn shall be the average of noise measurements tal<en over a 24-hour period at the affected building. A standard 10 d6 amount shall be added to each noise level measured during the night period before the 24-hour average is computed. The night period shall be considered as 10 p.m, to 7 a.m. Measurements shall be based upon one measurement per hour during the 24-hour period. The City of Fort Worth will perform the noise level measurements." 4. Specification 2.6 —Scope of Work and Detailed Project Specifications, SW-2 B.13 — Delete that item in its entirety and replace with "Contractor shall provide and utilize a turbidity curtain in the lake at the areas of active excavation to prevent silt plumes into the lake. The turbidity curtain shall be a minimum length of 350', and shall be positioned to minimize turbidity migration into the lake, and shall be moved as needed as the dredge barge is repositioned. Section 4 — Bid Package 1. Replace the Bid Form and Bid Item Description in their entirety with the attached Bid Form and Bid Item Description. 2. Bid Item 12 "Excavation and removal of rock or miscellaneous concrete within the dredging areas" is removed from the Bid Form and Bid Item Description, and replaced with Bid Item 12 "Standby Time". Payment for removal of rock or miscellaneous concrete encountered during dredging shall be negotiated on a case-by-case basis. Gravel, sand and native ground material are still considered incidental to the dredging bid items. Bidder shall provide a unit price bid for "Standby Time" on a cost per hour basis, and use of this item shall be strictly limited to the cases defined in the Bid Item Description. 3. With regard to Question #12 under the "PRE-BID MEETING" section above: Quantity estimates for Bid Items 18 and 19 have been corrected for expected field conditions. Bid Item 18 provides for dredge material delivery pipeline quantity from the lal<e's edge (elevation 594' contour) to the west end of the disposal site. eid Item 19 provides for return water delivery pipeline quantity from the return water delivery point/pump station at the Silver Creek Materials site to the lake's edge (elevation 594' contour�. Quantity for Bid Item 19 allows some flexibility in the final location of the return water delivery pump station. These pipeline bid items provide for payment for a one-time installation of the pipelines. Adjustment of the lengths and locations of these lines as needed by the General Contractor and disposal site operations shall be at no additional cost to the City. 4. Bid Items 17 and 22, Dredge Material Disposal at Silver Creek Materials Site — Clarification: Payment to the General Contractor for disposal will be based upon the finished field grade excavated to between elevations 583.5 and 584.5. No payment to the General Contractor for disposal of material that is over-excavated below elevation 583.5 will be made. However, the Silver Creek Materials disposal agreement does not include this over-excavation limitation. The General Contractor shall be responsible for payment to Silver Creek Materials for disposal of any materials over-excavated below elevation 583.5, at the General Contractor's own expense. Construction Plans 1. A dredged floatation channel for dredge barge and other cbnstruction watercraft access to the lake will be allowed at the allowable staging area adjacent to Casino Beach. Location and limits are as indicated in the attached Figure 1, This proposed floatation channel is currently under review by the Corps of Engineers; however, bidder shall assume the proposed channel shown at this time. Notification of adjustment requirements by the Corps of Engineers will be provided, and negotiation for any required additional cost will occur at that time. END OF ADDENDUM NO. 1 ; * ', , ' ' . � � , . . . .. . : � f � i�y��l�c��{ - LL�— - �-t �oie� � ri, �1. , ' a � `-� ..F r � � � 1 ��,� !�!" r .�y �� ' ,.,.�, s @g 4 . 3 '� �C� Y•�n s..� a_��.a.�.,c �,.:?-+i��• �' � Q " �� i i, r tl + �� r'�( 1� �,. . . ,.. CLfi��lT: City of Fort Worth - Water Department PRO�ECT; Lal<e Worth Dredging Program - Phase 1 �+1EETING: Pre-bid Conference DATG: September 15, 2011 � � � � � � � � � � �(��i�"i�'(il��'d f�i;`lC�P,1�'1�'�iQ!1.i�'1 ; � Name Mailing Addre'ss 'telephone,Numbers. jp� �, �}"�M,9n �� 'k7jpx li� Business � �I � Jrg ��v Position/Title �.-� �� "75� � FAX � � �� Physical Address Hame Organizatlon � b uSek� Moblle �� 93� 9300 ��, �-� �'0 �i 2 Ce�aC�� Pager E•mall ' n��M�� 2� uSA �C Name Malting'Address � Telephone Nurtibers . ��C_�C� Business d�� 2� O'2�� Position/Title FAX �j(-��,y�-E� Physfcal Address Home Organization Mobile qU� t„�C� 5�-{.�,��j c�(hNSUN Pager Q. 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Physical Address Home Organizatlon Moblle �f �� t� r� �, �� i'NP�v.�z-6�'� PageY E-mall � ce.-`.. � �►. .,-. . . . . .�- �_ ._ . �.-_ . _.. . ._ _- ., _. _ ,-.,... _ -_ City of Fort Worth proJectManager: PaulBounds Project Lake Worth Dredging Program - Phase I Dredging Dale 10/13l2011 Clty P�oJect # 01166 Your Company Name Bid Items Item Description Unit of quantity Unit PYlce Total Bld No. Measure BASE BID - DREDGING 1 Mobilization and De-Mobilization Lump Sum 1 $ $ Storm Water Pollution Prevention Plan - Frepare, implement, install and maintain, including all Z erosion controi measures. For all areas outside Lump Sum 1 $ $ of disposal facilities. 3 Trench Safety System 5 Foot Depth � Install Linear Foot 500 $ $ 4 Dredge Lake Area B Cubic Yard 36,000 5 Dredge Lake Area C1 Cubic Yard 191,000 $ $ 6 Dredge Lake Area F Cubic Yard 11,000 $ $ 7 Dredge Lake Area H Cubic Yard 724,000 $ $ 8 Dredge Lake Area I Cubic Yard 368,000 $ $ 9 Dredge Lake Area J Cubic Yard 168,000 $ $ 10 n- a e Tree Stump Remova For trees with trun Each 100 $ $ 6" diameter or larger , as re uested by Cit � � n- a e og Remova or logs wit 6 diameter or Each 130 $ $ larger), as re uested by Cit No Quantity - Only No Total Bid - Only 12 Standby Time Hour Unit Price $ Unit Price Established Established Subtotal Base Bid: $ ALTERNATE BID A- DISPOSAL OF BASE BID MATERIALS AT SILVER CREEK MATERIALS SITE Storm Water Pollution Prevention Plan - Prepare, 13 implement, instail and maintain, including all Lum Sum 1 $ 10,000 $ 10,000 erosion control measures, For all areas inside of P disposal facilities. 14 Trench Safety System 5 Foot Depth � Install Linear Foot 10,000 $ 2.00 $ 20,000 15 Disposal systems design and•construction. Lump Sum 1 $ 1,560,000 $ 1,560,000 16 Mobilization of disposai operations. Lump Sum 1 $ 150,000 $ 150,000 �� Dredge material disposal, for lake dredging areas Cubic Yards 1,498,000 $ 1.18 $ 1,767,640 B, C1, F, H, I and J. Dredge Delivery Pipeline - from lake edge (594' 18 contour) to Dredge/Disposal delivery point. Pipe Linear Foot 13,000 $ $ size to be as determined by Contractor. Return Water Pipeline - from Disposal/Dredge 19 delivery point to lake edge (594'contour). Pipe Linear Foot 6,850 $ $ size to be as determined by Contractor. Subtotal Alternate Bid A: $ ALTERNATE BID B- DISPOSAL OF BASE BID MATERIALS BY RAPID DEWATERING METHOD 20 Dre ge ma eria isposa , or a e re ging areas Cubic Yard 1,498,000 $ $ B, C1, F, H, I and J. Subtotal Alternate Bid B: $ ALTERNATE BID C- DREDGE AREA C2 21 Dredge Lake Area C2 Cubic Yard 267,000 $ $ Subtotal Alternate Bid C: $ ALTERNATE BID D- DISPOSAL OF AREA C2 MATERIALS AT SILVER CREEK MATERIALS SITE ZZ C� dge material disposal, for lake dredging area Cubic Yards 267,000 $ 1.18 $ 315,060 Subtotal Alternate Bid D: $ 315,060 ALTERNATE BID E- DISPOSAL OF AREA C2 MATERIALS BY RAPID DEWATERING METHOD 23 crZe ge ma eria isposa , or a e re ging area Cubic Yards 267,000 $ $ Subtotal Alternate Bid E: $ BID ITEM DESCRIPTION For Project: Lake Worth Dredging Program Phase I Dredging BID ITEM DESCRIPTION 1 Mobilization and De-Mobilization includes mobilization of all equipment and materials necessary to conduct the dredging project, except for as already covered under Bid Ttem 13 for disposal operations, and de-mobilization after project completion. Bid Item 1 shall also include provision and installation of project identification signs, in-lake safety systems, dredge pump stations, dredge delivery pipelines, return water pump stations, and return water pipelines. All equipment and materials shall be removed fi•om site upon completion of the project. All land areas disturbed by construction shall be hydromulch grassed, 18 and 19 The pipelines include the dredge material delivery pipeline and the return water pipeline from their respective delivery points at the Silver Creek Materials disposal site to the lakes edge, defined by the 594' contour at the beginning of the pipeline corridor indicated in the plans sheets. These items shall include provision, installation, required underground installations, bores and casing pipe, thrust restraint, all fittings, anchoring, intake and discharge structures, removal of all piping and appui�tenances at the end of the project (accept where allowed to plug and abandon underground), and all other necessary elements. These items do not include in-lake piping system or pump and lift stations. 2 Storm Water Pollution Prevention Plan (SWPPP) includes preparation of SWPPP and erosion control plan for all areas of the project outside the disposal site in accordance with NPDES requirements, submission to TCEQ and/or EPA as required, submission of NOI's and NOT's, and installation and maintenance of erosion/sediment control measures. 3 Trench Safety System shall be for any trenching of piping greater than or equal to 5' depth. 4 through 9, and 21 Dredging shall include excavation and removal of all materials within the dredge areas indicated in the plans, to the lines and grades indicated in the plans. Materials to be removed for the most part consist of soils, but ali other materials encountered shall also be removed, which may include trash, debris, trees, roots, root masses, minor vegetation, gravel, and stiuctures, and these shall be considered incidental to the dredge bid items. Stumps and logs shall BID-1 BID ITEM DESCRIPTION also be removed, but shall be paid for by separate bid item, depending upon the size as described in the bid items, Rock may also be encountered and will be paid for by separate bid item at the unit price bid. 10 and 11 Stumps and logs that are encountered with the in-lake dredge operations shall be reviewed with the City and removed and disposed of if requested by the City. Pay shall be provided for stumps of trees with trunk 6" diameter or greater and logs of 6" diameter or greater, but removal of stumps of trees with less than 6" diameter trunk and logs of less than 6" diameter shall be considered incidental to the dredging bid items. 12 Standby time shall be paid to the Contractor when the City requires the Contractor, in writing, to cease worlc for any of the following reasons, but only for the following reasons: a) elevated air quality alert status; b) contaminated sediment. The time for payment shall begin at the date and time indicated in the City's written notice to cease worlc, and shall end at the date and time indicated in the City's written notice to resume work. The payment shall be applied at the Contractor's number of daily work hours scheduled for this project. 13 through 17, and 22 Dredge materials shall be disposed of at the Silver Creek Materials site, as specified in the Dredge Material Disposal Pre-Purchase Agreement Letter of Agreement and disposal specifications and documents. 20 and 23 This alternate bid item provides for allowance of the dredged materials to be disposed of by rapid dewater method, such as belt press, in lieu of disposal at the Silver Creek Materials disposal site. This item shall include all equipment and appurtenances necessary for this method, including removal of material fi•om site, any required peimitting for disposal, and control and testing of return water quality as required by the disposal specifications, including decant water from any stockpiled materials. Any stocicpiling of material shall be no greater than 150' x 150' footprint and 5' tall. BID-2 � i � . _ � �E � p' _ E i °?�a S�o a�� oE i _ u3=No �� aa—o orc�e: oe�ia� � � V Z C� � W � � _ � Q> > W � Q J � FTW09104 Oate+ 09\27\2011- 10�21:09 AIA User� amr File� N=\IF\Drowinqs\cv-gn-floatotian chon�elodtlend�m.shl City of Fort Worth Lake Worth Dredging Program — Phase I Dredging City Project Number 01166 FNI Project Number FTW09104 ADDENDUM NO. 2 September 29, 2011 The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the Contract Documents. Bidders shall acl<nowledge receipt of this Addendum in the space provided on the Bid form. Clarification: Silver Creel< Materials has agreed to provide performance and payment bonds to the General Contractor for Silver Creek Materials disposal operations related to the project. The cost for these bonds is not currently included in the Siiver Creel< Materials disposal pre-purchase agreement. Therefore, Bid Item #16A has been added to the attached Bid Form for the Silver Creek Materials performance and payment bonds to be provided to the General Contractor. The Bidder shall fill in the price for the Silver Creel< Materials performance and payment bonds posted to the General Contractor in the space provided, The current Bid Form shall be replaced with the attached Bid Form in its entirety. It shall be the General Contractor's responsibility to provide to the City single bid, performance and payment bonds that cover all portions of the project, including the disposaf operations. END OF ADDENDUM NO. 2 �+��;:••� •.:�u•�u� �. .�r� . , . ... .... . i��tAt,OQ. t� ' .. .. .,..,.. �;�., _ 8907� ;'b�� 1��.��;3�' a�,�r,,. ��-- � � � 9-��'�t City of Fort Worth P�ojectManage� PaulBounds Project Lake Worth Dredging Program - Phase I Dredging bate 10/13@011 City ProJect # 011 fi6 Your Company Name Bid Items Item Description Unit of quantity UYlit PYice Total Bld No. Measure BASE BID - DREDGING 1 Mobilizatlon and De-Mobillzaiion Lump Sum 1 $ $ Storm Water Pollution Prevention Plan - Prepare, impiement, install and maintain, including all Z erosion controi measures. For all areas outside Lump Sum 1 $ $ of disposal facilitfes. 3 Trench Safety System 5 Foot Depth � Install Linear Foot 500 $ $ 4 Dredge Lake Area B Cubic Yard 36,000 5 Dredge Lake Area C1 Cubic Yard 191,000 $ $ 6 Dredge Lake Area F Cubic Yard 11,000 $ $ 7 Dredge Lake Area H Cublc Yard 724,000 $ $ 8 Dredge Lake Area I Cubic Yard 368,000 $ $ 9 Dredge Lake Area J Cubic Yard 168,000 $ $ 10 n- a e ree Stump Remova for trees wit trun Each 100 $ $ 6" diameter or larger , as re uested by Cit 11 n- a e og Remova or ogs wit 6. iame er or Each 130 $ $ lar er , as re uested b Cit No Quantity - Only No Total Bid - Only 12 Standby Time Hour Unit Price $ Unit Price Established Established Subtotal Base Bid; $ ALTERNATE BID A- DISPOSAL OF BASE BID MATERIALS AT SILVER CREEK MATERIALS SITE Storm Water Pollutfon Prevention Plan - Prepare, impiement, install and maintain, including all 13 erosion control measures. For all areas inside of Lump 5um 1 $ 10,000 $ 10,000 disposal facilities. 14 Trench SaFety System 5 Foot Depth � Install Linear Foot 10,000 $ 2.00 $ 20,000 15 Disposal systems design and construction. Lump Sum 1 $ 1,560,000 $ 1,560,000 16 Mobilization of disposal operations. Lump Sum 1 $ 150,000 $ 150,000 Silver Creek Materiais performance and payment 16A bonds to the General Confractor. Lump Sum 1 $ $ �� Dredge materiai disposal, for lake dredging areas Cubic Yards 1,498,000 $ 1.18 $ 1,767,640 B, C1, F, H, I and J. Dredge Delivery Pipeline - from lake edge (594' 18 contour) to Dredge/Disposal delivery point, Pipe Linear Foot 13,000 $ $ size to be as determined by Contractor. Return Waler Pipeline - from Disposal/Dredge 19 delivery point to lake edge (594'contour). Pipe Linear Foot 6,850 $ $ size to be as determined by Contractor. Subtotai Alternate Bid A: • $ ALTERNATE BID B- DISPOSAL OF BASE BID MATERIALS BY RAPID DEWATERING METHOD Zp Dre ge materia isposa , or a e re ging areas Cubic Yard 1,498,000 $ $ B, C1, F, H, I and J. Subtotal Alternate Bid B: $ ALTERNATE BID C- DREDGE AREA C2 21 Dredge Lake Area C2 Cubic Yard 267,000 $ $ Subtotal Alternate Bid C: $ ALTERNATE BID D- DISPOSAL OF AREA C2 MATERIALS AT SILVER CREEK MATERIALS SITE Zz Cr2edge materia disposal, for lake dredging area Cubic Yards 267,000 $ 1.18 $ 315,060 Subtotal Alternate Bid D; $ 315,060 ALTERNATE BID E- DISP05AL OF AREA C2 MATERIALS BY RAPID DEWATERING METHOD 23 CrZe ge ma eria isposa , or a e re ging area Cubic Yards 267,000 $ $ Subtotal Alternate Bid E: $ City of Fort Worth Lalce Worth Dredging Program — Phase I Dredging City Project Number 01166 FNI Project Number FTW09104 ADDENDUM NO. 3 October 3, 2011 The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the Contract Documents. Bidders shall acl<nowledge receipt of this Addendum in the space provided on the Bid form. Section 3— MWBE Documentation, Item 3.1 MWBE Special Instructions to Bidders; If the Contractor chooses to use the rapid dewater/belt press disposal method, utilizing truck haul- off of the dredged materials, the City's M/WBE participation goal shall be 15°/o of the total project price bid. If the Contractor chooses to use the hydraulic dredge method with pumping/piping of dredged materials to Silver Creek Materials, the City's M/W8E participation goal shall remain at 6% of the total project price bid. END OF ADDENDUM NO. 3 .�o..,;........�� aA' ,`�R ;' � .t �r'U �{r ; � i'r • • • (1cylYitlA/•171. �t0'4�1 • ' � • • • • A • 11Pi1t�• _ V� � ��:�Hb� � . �z�� '.�G��, � i�'-� -J( J City of Fort Worth Lake Worth Dredging Program — Phase 1 Dredging City ProJect Number 01166 FNI Project Number FTW09104 ADDENDUM N0. 4 October 7, 2011 v,- .: � r�.. '�� '•�,ti,� ��, `%.,� � �.. ,�� .O Q. cc� � � . .� .,..� . _ 8�d79 f6�� The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the Contract Documents. Bidders shail acknowledge receipt of this Addendum in the space provided on the Bid form. The following questions were submitted by a prospective bidder. Answers to these questions are provided below. The original document submitted by the prospective bidder is also attached for reference to the images that were provided. 1, Question: Will the contractor be aliowed to utilize the existing creek to run slurry and return water pipelines as shown below (see attached document from prospective bidder)7 Answer: The proposed Letter of Permission (LOP) from the Corps of Engineers does not allow for pipeline routing in that location. The pipelines must be aligned within the pipeline corridor indicated in the plans. Question: Will the contractor be allowed to utilize the area shown below as "Contractor Proposed Staging Area" to place a booster pump (see attached document from prospective bidder)? Answer: The proposed Letter of Permission (LOP) from the Corps of Engineers does not allow for the pump station to be located there. The pump station must be iocated within one of the atlowed staging areas indicated in the plans. 3. Question: The specifications are unclear regarding the maximum size or number of borings that are allowed under Silver Creek Road. Please clarify the maximum size and/or number of borings that will be allowed to pass beneath Silver Creek Road. Answer: Two borings with steel casing pipes and carrier pipes will be needed, one for the dredged materials delivery pipeline and one for the return water pipeline. The size of the casings will depend upon the Contractor's selection of pipeline sizes, in tandem with the bore/casing detail that is in the specifications. The carrier pipeline sizing is left up to the individual contractor, since the flow rates will vary with each contractor. If additional smaller pipes are required for the Contractor's operations, additional bores/steel casing pipes can be installed, or the smaller pipes can be installed through a single steel casing pipe, as tong as the appropriate multi-pipe spacers are provided (subject to Fort Worth Water Departments approved products list). 4. Question: Are X and Y coordinates available for the locations of the stumps in the "Stump lnfo" folder? Answer: Approximate Latitude/Longitude coordinates are available for several of the stumps, but not all of them. The ones that are available are attached, and the numbers correspond to the stump numbers indicated in the previous stump information provided to the bidders. It wili be the Contractor's responsibility to verify actual locations of stumps. Question: The pipeline route in pink is depicted in the plans as the designated pipeline corridor(see attached document from prospective bidder). Will the contractor be allowed to utilize the blue path shown below in lieu of the designated corridor as long as the pipeline is bridged over or bored under the creek? Answer: The proposed Letter of Permission (LOP) from the Corps of Engineers does not allow for pipeline routing in that location. The pipelines must be aligned within the pipeline corridor indicated in the plans. The following questions were submitted by a prospective bidder. Answers to these questions are provided be{ow. 1. Question: Regarding the bored crossing underneath Silver Creek Road, the specifications state that, "all pipe shall be laid to grade as shown on the plans." The plans do not have a required minimum depth for the caissons. Please clarify. Answer: The depth of the casings shall be a minimum of 5-feet below ground surface to top of steel casing pipe. The Contractor shall field verify the locations of existing utilities and other features, and shall adjust the elevation of the casings lower if needed to avoid conflicts with existing utilities or other features. Question: Will the Fort Worth Water Department amend the liquidated damages? Answer: Liquidated damages criteria and rate will remain as currently indicated in Specifications Part DA—Additional Special Conditions, Item DA-82. Section 2— Front End Documents 1. Specification 2.4A—Additional Special Instructions to Bidders, add the following: C. Written questions from prospective bidders will be accepted until end of business on Monday, October 10, 2011. Questions received after that date and time may not be answered. END OF ADDENDUM NO. 4 Lake Worth Dredging Program Phase I Dredging Contractor Questions 1. Will the contractor be allowed to utilize the existing creek to run slurry and return water pipelines as shown below? 2. Will the contractor be allowed to utilize the area shown below as "Contractor Proposed Staging Area" to place a booster pump? 3. The specifications are unclear regarding the maximum size or number of borings that are allowed under Silver Creek Road. Please clarify the maximum size and/or number of borings that will be allowed to pass beneath Silver Creek Road. 4. Are X and Y coordinates available for the locations of the stumps shown in the "Stump Info" folder? 5. The pipeline route in pink is depicted in the plans as the designate pipeline corridor. Will the contractor be allowed to utilize the blue path shown below in lieu of the designated corridor as long as the pipeline is bridged over or bored under the creek? _: �-:`�i Exceipt from Lake Worth Stump Removal Project Repoi�t of 19 April 2011 Table 2 provides a listing by general location of each hazard marked, identified for removal or removed. Hazards removed are shown in blue while hazards marked by not removed are shown in gray. Notes: Some stumps were excised root and nll, some sti�mps were pzdled t�p tii�ith some r•oot remaining, and some tivere shear-ecl off app�•oximately 6 inches above the bottom. There tivas no record maintained tivith f•egaf•d to tivhich method of �•emoval tivas employed. Positzons af•e given in GPS (WGS8�) ��ith OPUS DGPS cor�rections. Positions we�•e dei•ived to �vithin 1 metef•. Positions given in the table �i�ere converted to decimal c�egrees (six decimal places) to confof�m to Lake Wor•th lake keeper regz�est. ('1'he renzainder� of this puge is intentionally blank) Table 2- Haznrds mnrked, i�lentified for removal ot� re�riove�l Willow Island ,Area 1 32.810250 -97.457222 31 32.809555 -97.458056 61 32.809861 -97.457750 2 32.810278 -97.457278 32 32:809556 -97.458000 62 32.809806 -97.457833 3 32.810278 -97.457278 33 32.809528 -97.457917 63 32.809778 -97.457806 4 32.810250 -97.457278 34 32.809444 -97.457944 64 32.809750 -97.457722 5 32.810111 -97.457333 35 32.809194 -97.457833 65 32.809694 -97.457722 6 32.810111 -97.457333 36 32.809056 -97.457944 66 32.809667 -97.457639 7 32.810139 -97.457444 37 32.809139 -97:458000 67 32.809639 -97.457611 8 32.810167 -97.457444 38 32.809194 -97.458056 68 32.809667 -97.457583 9 32.810083 -97.457528 39 32.809361 -97.458167 69 32.809639 -97.457306 10 32.810222 -97.457583 40 32.809722 -97.457972 70 32.809722 -97.457194 11 32.810222 -97.457500 41 32.809611 -97.458056 71 32.809750 -97.457194 12 32.810306 -97.457417 42 32.809778 -97.458139 72 32.810028 -97.457167 13 32.810361 -97.457556 43 32.809833 -97.458194 73 32.809806 -97.457333 14 32.810333 -97.457583 44 32.809889 -97.458167 74 32.809778 '-97.457306 15 32.810306 -97.4�7583 45 32.810000 -97.458222 75. 32.809750 -97.457361 16 32.810389 -97.457694 46 32.810028 -97.458278 76 32.809833 -97,457444 17 32.81050U -97.457389 47 32.810056 -97.458306 77 32.809833 -97.457444 18 32.810694 -97.457500 48 32.810083 -97.458500 78 32.809806 -97.457528 19 32.810722 -97.457472 49 32.810222 -97.458667 79 32.809833 -97.457556 20 32.810750 -97.457500 50 32.810500 -97.458472 80 32.809833 -97.457611 21 32.810722 -97.457528 51 32.810611 -97.458750 81 32.809833 -97.457667 22 32.810351 -97.457861 52 32.810806 -97.459056 82 32.809833 -97.457667 23 32.810417 -97.457917 53 32.810361 -97.458417 83 32.810861 -97.456194 24 32.810528 -97.458056 54 32.810333 -97.458389 84 32.809806 -97.453806 25 32.810083 -97.458000 55 32.810333 -97.458056 85 32.809861 -97.453944 26 32.809667 -97.458472 56 32.810083 -97.458000 86 32.809889 -97.453917 27 32.809722 -97.458250 57 32.809944 -97.458000 87 32.810389 -97.454528 28 32.809694 -97.458083 58 32.809944 -97.457972 88 32.810472 -97.454694 29 32.809694 -97.458056 59 32.809917 -97.457806 89 32.810639 -97.454944 30 32.809556 -97.458028 60 32.809917 -97.457778 90 32.810500 -97.454722 91 32.810306 -97.454333 124 32.812322 -97.457843 157 32.810110 -97.452675 .+�. ✓�.vivTi/ .//.'i..�Tv�.i iLJ JL.ViLJVL '�J/.�}JIUY/ i.JV JG.VVJJ// -J/�'tJLVJ.1 93 32.810542 -97.455181 126 32.812398 -97.457765 159 32.809898 -97.452780 94 32.810812 -97.457820 127 32.812434 -97.457779 160 32.810911 -97.452788 95 32.8104�0 -97.454807 128 32.812660 -97.457620 � 161 32.810750 -97.458028 96 32.810603 -97.455125 129 32.812777 -97.457549 162 32.811778 -97.459278 97 32.810737 -97.455303 130 32.812748 -97.457531 163 32.811833 -97.459222 98 32.811086 -97.455700 131 32.811999 -97.457636 164 32.811861 -97.459167 99 32.810883 -97.456733 132 32.812379 -97.457882 165 32.811833 -97.459111 100 32.810819 -97.457731 133 32.812595 -97.457631 166 32.811806 -97.459139 101 32.811876 -97.457685 134 32.812674 -97.457545 167 32.811778 -97.459056 102 32.812048 -97.457621 135 32.812685 -97.457531 168 32.811778 -97.459028 103 32.812022 -97.457785 136 32.812462 -97.457546 169 32.811750 -97.458861 104 32.811971 -97.457790 137 32.812456 -97.457565 170 32.811667 -97.458861 105 32.512337 -97.457552 138 32.812938 -97.456602 171 32.811472 -97.458778 106 32.812301 -97.457581 139 32.813462 -97.455980 172 32.810944 -97.458361 107 32.811993 -97.457889 140 32.813448 -97.456118 173 32.811750 -97.459722 108 32.812065 -97.457757 141 32.813620 -97.455512 174 32.811472 -97.459667 109 32.812023 -97.457750 142 32.813576 -97.455504 175 32.813361 -97.456417 110 32.811974 -97.457734 143 32.813566 -97.455402 176 32.809917 -97.452500 111 32.811904 -97.457699 144 32.813516 -97.455329 177 32.809917 -97.452500 112 32.811919 -97.457696 145 32.813496 -97.455304 178 32.809722 -97.452833 113 32.812003 -97.457693 146 32.813462 -97.455258 179 32.810167 -97.452361 114 32.811838 -97.457727 147 32.813499 -97.455244 180 Position Not Recorded 115 32.811833 -97.457776 148 32.813604 -97.455348 181 Position Not Recorded 116 32.811797 -97.457702 149 32.813621 -97.455377 182 Position Not Recorded 117 32.811826 -97.457738 150 32.812714 -97.455492 183 Position Not Recorded 118 32.811837 -97.457737 151 32.812717 -97.455491 184 Position Not Recorded 119 32.811725 -97.457565 152 32.811372 -97.453142 185 Position Not Recorded 120 32.811737 -97.457729 153 32.811781 -97.453230 186 Position Not Recorded 121 32.811695 -97.457629 154 32.811831 -97.453268 187 Position Not Recorded 122 32.812146 -97.457660 155 32.811136 -97.452957 188 position Not Recorded 123 32.812323 -97.457785 156 32.811151 -97.453026 189 position Not Recorded Goat Island Area 190 32.804417 -97.475611 223 32.803639 -97.482694 256 32.803361 -97.480750 191 32.804333 -97.475694 224 32.803833 -97.482472 257 32.802750 -97,480278 192 32.804389 -97.475972 225 32.803833 -97.482472 258 32.803333 -97.480944 193 32.804306 -97.476083 226 32.803889 -97.482500 259 32.803361 -97.480778 194 32.804194 -97.476194 227 32.803889 -97.482500 260 32.803139 -97.481167 195 32.804250 -97.476417 228 32.803944 -97.482583 261 32.802806 -97.481194 196 32.804194 -97.476500 229 32.803472 -97.482472 262 32.802611 -97.480972 197 32.804139 -97.476833 230 32.804111 -97.482722 263 32.8�2306 -97.481444 198 32.804083 -97.477111 231 32.803417 -97.482361 264 32.802500 -97.481583 199 32.803833 -97.478194 232 32.803417 -97.482528 265 32.802583 -97.481528 200 32.803833 -97.478278 233 32.803389 -97.482528 266 32.802306 -97.481917 201 32.803778 -97.478333 234 32.803333 -97.482639 267 32.802472 -97.481722 202 32.803833 -97.479972 235 32.803361 -97.482361 268 32.802500 -97.482000 203 32.803861 -97.480028 236 32.803361 -97.482500 269 32.802528 -97.482417 204 32.803778 -97.480333 237 32.803306 -97.482472 270 32.802889 -97.482500 205 32.803750 -97.479944 238 32.803333 -97.482500 271 32.802361 -97.482361 206 32.803861 -97.479861 239 32.803333 -97.482583 272 32.802361 -97.481833 207 32.803833 -97.480000 240 �2.803333 -97.482556 273 32.802306 -97.4807�0 208 32.803806 -97.480694 241 32.803333 -97.482389 274 32.803139 -97.481083 209 32.803944 -97.481528 242 32.803278 -97.482333 275 32.802722 -97.481889 210 32.803889 -97.481222 243 32.803194 -97.482250 276 32.805028 -97.470972 211 32.803889 -97.482139 244 32.803194 -97.482250 277 32.804139 -97.474028 212 32.803889 -97.481944 245 32.803139 -97.482444 278 32.803333 -97.476056 213 32.803944 -97.482306 246 32.802944 -97.482306 279 32.803222 -97.476351 214 32.803833 -97.482139 247 32.802972 -97.482250 280 32.803083 -97.476694 215 32.803833 -J7.482139 248 32.802750 -97.482500 281 32.803083 -97.476667 216 32.803833 -97.482139 249 32.802694 -97.482417 282 32.802972 -97.477194 217 32.803833 -97.481833 250 32.802694 -97.482417 283 32.802806 -97.477417 218 32.803806 -97.481889 251 32.802583 -97.482361 284 32.802806 -97.477389 219 32.803778 -97.482417 252 32.802500 -97.482389 285 32.80Z833 -97.477611 220 32.803778 -97.482417 253 32.802889 -97.482278 286 32.802778 -97.477667 221 32.803722 -97.482389 254 32.802944 -97.482306 287 32.802444 -97.478833 222 32.803750 -97.482611 255 32.802944 -97.482028 288 32.802444 -97.478972 Goat Island Area (continued) 321 32.793806 -97.446833 355 32.787056 -97.423500 289 32.802556 -97.478889 322 32.793861 -97.444333 356 32.786861 -97.423944 290 32.802417 -97.479667 323 32.793583 -97.444556 357 32.787222 -97.423583 291 32.802417 -97.479500 324 32.793583 -97.438972 358 32.787111 -97.423556 292 32.802417 -97.479667 325 32.793500 -97.438972 Sail Club Area 293 32.802417 -97.479667 326 32.793361 -97.435667 359 32.815083 -97.469533 294 32.804639 -97.483056 327 32.793389 -97.435583 360 32.813450 -97.469017 295 32.804583 -97.482889 328 32.793000 -97.435556 361 32.813533 -97.468550 296 32.804556 -97.482944 329 32.792889 -97.435389 Southwest of Goat Island 297 32.804583 -97.483361 330 32.792722 -97.435583 362 32.798429 -97.482028 298 32.804583 -97.483306 331 32.792694 -97.435528 363 32.797847 -97.482146 299 32.804583 -97.483306 332 32.792722 -97.435528 364 32.797498 -97.482728 300 32.804917 -97.473389 333 32.792722 -97.435528 365 32.797420 -97.482908 301 32.805000 -97.473139 334 32.792583 -97.435361 366 32.797371 -97.483233 302 32.804972 -97.473139 335 32.792833 -97.435472 367 32.796633 -97.481658 303 32.805444 -97.472333 336 32.792833 -97.435472 368 32.796445 -97.480204 304 32.806056 -97.471583 337 32.792861 -97.435611 369 32.796426 -g7.479317 East of 820 Bridge 338 32.792833 -97.435639 370 32.796478 -97.479513 305 32.793028 -97.435389 339 32.792833 -97.435639 371 32.796925 -97.480303 306 32.793111 -97.435472 340 32.792944 -97.435389 372 32.797211 -97.481571 307 32.793111 -97.435472 341 32.792583 -97.435306 373 32.797375 -97.482453 308 32.793111 -97.435472 342 32.792528 -97.435333 374 32.797669 -97.482277 309 32.793194 -97.435417 343 32.793139 -97.431806 375 32.798613 -97.481415 310 32.793111 -97.435500 344 32.793139 -97.431806 376 Position Not Recorded 311 32.792750 -97.435583 345 32.787694 -97.426556 377 Position Not Recorded 312 32.792750 -97.435583 346 32.787722 -97.426583 378 Position Not Recorded 313 32.792722 -97.435583 347 32.787139 -97.423472 379 Position Not Recorded 314 32.792694 -97.435583 348 32.793611 -97.450444 380 F'osition Not Recorded 315 32.792722 -97.435611 349 32.793444 -97.450583 381 position Not Recorded 316 32.792778 -97.435611 350 32.793444 -97.450639 382 position Not Recorded 317 32.792639 -97.435556 351 32.793500 -97.450528 383 position Not Recorded 318 32.792722 -97.435472 352 32.793500 -97.450528 384 position Not Recorded . 319 32.792972 -97.435472 353 32.793528 -97.450444 385 position Not Recorded 320 32.793028 -97.435472 354 32.787028 -97.423750 J3S, lnc. Lake Woith Survey Report From: J(mmy Saunders [mailto:jimmy.saunders@j3s.us] Sent: Thursday, Odober 06, 2011 12:06 PM To: Aaron Redder Subject: RE: Lake Worth Stump Removal Table Aaron, There was no plan to remove s[umps from Area B so we did not geo-locate items in Area B this past sprino. I have attached Table B-1 finm the orieinal 2009 Lal:e Worth Swvey Report done for FNL Radier than a l meter circular error probable (CEP) the locations providzd here are more like 3 meters CEP. Flowever, you will note that Area B has very few stumps except very close to Ihe shore line (water depth less than 2 feet) which we did not survey. In 2009 we ��ere looking for potential obstructions to dredgin� wliich we defined as larger stumps (typically>6 inches in diameter), logs (typically>6 inches in diameter and longer than 6 feet) and otlier objects. The table attached is for the `°objects of interesP', that is obstructions ro dredging and otlier intecestina objects such as bure(s. You will note in the Table that there were very few stumps in Area B. Area B is basically the old river channel in an area where the river bottom �vas wide, shailow and with a hard shelf base covered by a thin layer of silt and sand. Most of the objecls in Area B are logs but there is a significant amount of debris from die 9 Milz Bridge wnstructed in 1922. I did a fair amount of research on these structures after tve found them in our side scan survey in 2009 and we even dove on them. The bridge was cons[tvcted of equally spaced concrete and masonry suppoi�ts (about 30). Counting from the west shore a lattice steel bridge spanned behveen pilin�s 10 and I 1 as was of a more robust s[ructure with a facing of rock and concrete similar to the abuhnents, die west of which is visible just north oY the Casino Beach boat ramp. I talked to a former construction company owner who operated in the vicinity in the 1930's. He did not work on the project to demolish the brid�e bu[ did watch [he work and did other bridge demolition projec[s in [he area in the 1930's and 40's. Fle confidentiy advised me that they worked from barges and pulled the pilinas up one at a time and disposed of them. When the piling could not be removed in this manner they took the barge and pushed the pilin� over and they would lay flat on the bottom. This is coosistent widi whaf tve found in our survey. It nppears diat sonte 8 to I S of d�e pilin�s were pushed over or were broken up and pushed over. I do not think you are dredging iu [he area of the old brid�z but if you are this will definitely cause some problems for the dred�er. Tl�e brid�e was demolished between 1929 and 1931 but I canno[ contirm when more precisely. Tlie pilings protrude from the bottom about I.5 feet and generally rest at a bottom elevation of about �33' or deeper. 7immy Page 1 of 3 J3S, lnc. Lake Worth Survey Report Page 2 of 3 Tab(e B.1 — Objecu of Interest J3S, Inc. Lake. Worth Survey Report Page 3 of 3